Jurisprudence in its practice uses many terms. Some of them are understandable to the average person without any explanation, while some require more careful consideration. One of these complex terms is the concept of civil process.
What does this term include?
The concept of civil procedure is unambiguous: it is a set of procedural actions and legal relations that are formed between two entities (one of them is the court) and are regulated by civil law during the consideration of the case by a court of general jurisdiction. In other words, this is a specific activity of the participants in the trial, which is fully regulated by civil procedure rules.
Principles of Civil Procedure
The concept and essence of the civil process are indicated in the main document of the country. Also, the Constitution of the Russian Federation clearly spells out the basic principles of such proceedings.
- Before the court, all people are absolutely equal, regardless of their status, age, nationality, etc.
- Each person has the right to protect his privacy, family secrets, as well as honor and good name.
- Everyone has the right to use their own language.
- Everyone can protect their rights and freedoms in ways that are not expressly prohibited by law.
Tasks of the civil process
If we talk about the tasks of the civil process, they can be found in article 2 of the Code of Civil Procedure of the Russian Federation. They are formulated as follows:
- consideration and further resolution of cases in a timely manner with the right outcome, the main purpose of which is to protect the rights and freedoms that have been violated by third parties, as well as the protection of absolutely legitimate interests;
- prevention of various offenses, as well as respect for the subjects of legal proceedings and the law in general.
There is a specific order in which all civil disputes are dealt with depending on the type of offense. This includes the concept of "subject of civil procedure."
The main types of civil proceedings
The concept and types of civil procedure are clearly spelled out in the regulatory documents of the Russian Federation, in particular, seven main types are distinguished there.
- Order process. Its main feature is the absence of all stages of the proceedings, in particular, the preparation of the case for the court and its consideration on the merits are not carried out. As a result of the process, there is no court decision; instead, an order is issued solely by one judge. Typically, such a civil process involves the recovery of cash or property of the debtor.
- The lawsuit. The concept of a civil process of this kind implies the submission of an appropriate application. Makes this a specific person who believes that his rights have been violated. After that, the applicant becomes the plaintiff, and the alleged violator - the defendant. This type of process involves the use of all means to protect and uphold the violated right.
- A special civil process. In this case, there is no dispute about law as such. All facts and information that have at least some legal value and which simply cannot be obtained outside the court are established in a special civil process. In particular, this applies to adoption, disability an individual, recognition of a movable unit of ownership as ownerless or referral to compulsory treatment.
- The process associated with public relations. They turn to him if the court case is directly related to contesting the actions or, on the contrary, inaction of the authorities and officials at various levels, as well as public servants. In addition, in this process, you can protect your right to participate in a referendum.
- The process of cases involving non-residents of the country. The main feature of this type of civil process is the fact that one of its subjects is a foreign person. This can be either an individual or a foreign or international company.
- The process of challenging the decisions of the arbitral tribunal. In the event of a mutual written agreement of both parties to the process, it may be considered by the arbitral tribunal. The decision may also be challenged in a court of general jurisdiction. Participation in such a process can guarantee the integrity of the decisions made by the arbitral tribunal.
- A process aimed at protecting or challenging judicial decisions of all levels, as well as papers issued by other bodies.
Stages of the civil process
The concept of "stage of the civil process" implies its phased development. It occurs along the following path.
- Any civil process begins with its excitement. The purpose of this is to decide whether the process can begin with the materials that the applicant has provided to the court. As a result, the person may be denied the claim, the application may be returned, left without movement or fully accepted.
- Preparation of a civil case for further litigation. At this stage, the participants in the process are doing their utmost to ensure that the proceedings are conducted on time. The purpose of the stage is considered to be achieved only if the decision on the civil process was made in the first meeting. This takes into account the validity of the decision and its legality.
- Directly litigation. This stage is the main one. It is at this stage that the dispute between the parties is resolved on the merits. As a result of this, a court decision is made, which is prescribed in the relevant act. This stage of the civil process consists of a preparatory part, a trial on the merits, a debate, a decision and its announcement.
- Legal proceedings of the second instance. This stage appears only in those civil processes in which judicial decisions that have not entered into force are being reviewed. The review is initiated solely by the parties to the process who, for certain reasons, do not agree with the decision. Depending on the purpose of the retrial, the proceedings may be appeals or cassation.
- Supervisory proceedings. Revision of court decisions that have already entered into force.
- Review of the case in connection with the discovery of new decisions, court orders and its determinations.
The concept of international civil process
This term means the set of rules that govern the activities of all courts and other jurisprudence during the consideration of cases involving foreign elements. However, it is worth noting that, as such, the concept of the international civil process does not appear in science, it means only the presence of foreign elements in the ordinary civil process.
In conclusion
The concept of civil procedure is quite simple to understand, since it combines all the cases that are not directly related to criminal matters.
Remember that consideration of civil cases is carried out at the place of residence of the defendant or at the location of the organization, if the lawsuit is filed against a legal entity.
