In the current Code of Civil Procedure, one of the innovations was the definition of a preliminary hearing. It is considered in Art. 152. We consider this concept in more detail.
general characteristics
The preliminary hearing is a procedural form, which is peculiar exclusively to the preparatory stage of the proceedings. An analysis of the provisions of the 6th part of the 152nd article of the Code of Civil Procedure shows that this stage is in some way transformed into the final one, at which the first instance (court) sums up. The preliminary court session, according to a number of experts, shows multifunctional potential. First of all, it is a procedural form acceptable for the preparation of materials for proceedings. At the same time, it fulfills the main function of considering the case at the preparatory stage.
Difficulties
Assessing the judicial procedure, established in h. 6 Article. 152 of the Civil Procedure Code in terms of streamlining the procedure, many recognize that the process of resolving a dispute at the preparatory stage, without a trial, becomes more intensive and speedy. However, it is impossible to fully appreciate the significance of the institution in question within the number of stages, the minimum of actions, and the speed of making a decision. Professionals, based on their experience, believe that court cases examined at an accelerated pace often do not end in the first instance. Thus, the time that is actually saved is “recouped” in the appeals body. As practice shows, such decisions are appealed more often than those that are taken in the usual manner.
Specificity
In h. 6 Article 152 indicates that a preliminary hearing may be held to examine the defendant's objections to the applicant’s omission without a valid reason for the procedural period. This rule seems to experts to be true. A somewhat different attitude manifests itself in the second position. The norm says that if a fact of omission is established without a good reason for the procedural period or the period of appeal to the court, the lawsuit may be denied without examining other factual circumstances. In this case, it is likely that as soon as the defendant raises an objection to the claims with reference to the limitation, an appropriate decision will follow.
In this case, the plaintiff is undoubtedly in a more disadvantageous situation. If such a state of affairs is unexpected for him, it cannot be ruled out that he will not be able to immediately orient in order to use the right to provide evidence of the validity of the reasons for missing. In turn, the judge, accustomed to attach particular importance to the temporary factor, is unlikely to offer a break to the parties to the dispute if the plaintiff finds himself in such a predicament.
Publicity of the proceedings
Professionals owing their service pay close attention to the dynamics of processes. In this case, a separate interest is shown in the preparation stage. There are several reasons for this. First of all, some officials believe that a preliminary hearing can be held faster than any other stage. The preparatory phase takes place not publicly, but rather privately, that is, in the operating mode. The law does not stipulate that a preliminary hearing should be held in the presence of an audience. However, her participation is not excluded by the rules.In this case, the question may arise about what to do if a party requests an open hearing. According to some professionals, court cases should be considered at this stage without the presence of the public. This position is explained by the fact that outsiders will rather interfere than facilitate the implementation of the tasks.
Dispute Categories
A preliminary meeting may be held on claims for:
- Recognition invalidity of the will.
- Disciplinary action.
- Dismissal.
- Inheritance.
- Eviction.
- Compensation of material, moral harm.
Important point
Of particular note is the clarification in paragraph 13 of the decision of the Plenum of the Armed Forces No. 11 of 2008. It says that the judge, taking into account the views of the parties, may prepare an examination (technical, medical, accounting and other) in preparing the case for trial. This is allowed in cases where such a need proceeds from the evidence presented and the circumstances of the case. In this case, the provisions of Art. 79-84 Code of Civil Procedure. The parties to the dispute should be explained their ability to raise questions with the expert on which an opinion is necessary.
This paragraph of the decision provides the judge with great confidence in the issue of involving specialists in the proceedings. It should be noted that this document indicates that the possibilities of the procedural form of preparatory hearing are increasing in a practical sense. To do this, it is enough to familiarize yourself with paragraphs 4-9 and 11 of the said resolution. 
Participation of other persons
In paragraph 23 of the above resolution, it is explained that the solution to the issue of bringing to consideration the case of co-defendants, co-practitioners and other persons who do not state independent claims on the subject of the dispute, at the preparatory stage is necessary for the proper formation of the subject composition of the process. Failure to do so may result in an unlawful order. This is due to the fact that the resolution of questions about the obligations and rights of persons who are not involved in the proceedings, acts as a significant violation of procedural rules. This, in turn, entails the unconditional cancellation of a judicial act. In addition, it must be borne in mind that the order should be sent in the form of a determination in accordance with Part 2 of Art. 62 GIC. In this case, the judge under Art. 216 may suspend proceedings, as a result of which the relevant act is issued at the preliminary meeting. A protocol is drawn up on the conduct of the latter.
