The principles of civil procedure are the basis of relevant legal norms. These are the core principles, the central concepts of the whole set of procedural laws. Litigation is carried out on the basis of equality of arms and the principle of adversarial process in civil proceedings. The principles of legal proceedings, as well as the powers and responsibilities of its entities will be described in detail in this article.
Persons in civil proceedings
Participants in the trial are also subjects of civil procedural law. Each side is endowed with subjective duties and rights. According to Article 38 of the Code of Civil Procedure of the Russian Federation, the parties to civil proceedings are defendants and plaintiffs. What signs do these individuals have?
In accordance with the Code of Civil Procedure of the Russian Federation, the parties to the lawsuit have a number of legal possibilities. We are talking about the implementation of special rights and obligations that are possible only within the framework of civil procedural law. Parties participate in paperwork on their own behalf. Therefore, cases of incapacitated persons should be led by their legal representatives.
Both plaintiffs and defendants are responsible for reimbursing the state for legal expenses. Persons are exempted from this payment only by decision of the judge.
Stages of litigation in civil proceedings
A certain part of the process, which includes a set of decisions and actions aimed at implementing individual goals, is called the stage of the trial. What are the stages in civil proceedings? Lawyers distinguish two groups: ordinary and extraordinary.
The first step in the normal process is to institute civil proceedings and prepare for the proceedings. The statement of claim is filed, the defendant is involved, the corresponding commission is assembled, etc. The second step is the direct trial. Evidence is considered, acts and statements are compiled. At the end of the proceedings, a reasoned judgment is issued. It can be challenged in the appeal or cassation bodies - second judicial instances.
An extraordinary process involves the production of a supervisory type in a court of law. In this case, decisions of the Supreme Court of the Russian Federation are adopted, in accordance with which a review of the case is necessary. The second element of an exceptional group of stages is a review of newly discovered circumstances.
Implementation of the adversarial principle in civil proceedings
The principle of competition is currently a poorly understood phenomenon. He needs a systematic and deep improvement. What role does this legal idea play?
Adversarial conditions create favorable conditions for clarifying the circumstances important for the proceedings. Due to the principle under consideration, there is a high probability that the court will make a reasoned and fair decision. Moreover, it is at the same time a guarantor of justice and an instrument of personal protection.
The principle of competition in the civil process seems to be rather capacious, and therefore very important. Evidence is examined and evaluated, and the interests and rights of process participants are defended.
On the content of the adversarial principle
In the civil process, the principle under consideration contains a number of elements.In particular, competitiveness is not only an opportunity to prove one's case, but also the implementation of the following points:
- the ability to challenge the opponent’s allegations;
- the presence of an injunction to resolve the case in the absence of one of the procedural parties;
- the right to appeal the results of a court decision;
- obligation of the parties to the proceedings to submit evidence to the court in a timely manner, etc.
The principle of competition can be considered in three forms. The first form is related to the activities of the plaintiff and defendant in the presentation of evidence. The second is the party’s choice of a specific legal position, as well as the means and method of upholding one’s own opinion. Finally, the third is related to the very implementation of the process, its elements and features.
Constitutional equality of parties
The Constitution is the main Russian law. It is in this normative act that the basic legal norms are fixed, on the basis of which all the basic laws are built. Article 19 indicates the most important principle, which is described in detail in the Civil Procedure Code of the Russian Federation. It is a guarantee of equality of freedoms and human and civil rights. In this case, no form of discrimination is permitted. People on the territory of Russia are equal regardless of language, nationality, race, gender, official and property status, place of residence, origin, etc. Separately, article 19 enshrines the rule according to which all citizens are equal before the court and the law.
It is also worth paying attention to article 46 of the basic law of the country. It speaks of a guarantee of judicial protection of freedoms and human rights. This provision is also supported by Article 8 of the Universal Declaration of Human Rights, which states that everyone has the right to judicial restoration of rights.
Thus, the rights of the parties in the civil process are fixed both at the international and at the state level. And what about equality in the Civil Procedure Code of the Russian Federation?
The principle of equality under the Code of Civil Procedure of the Russian Federation
The most important constitutional nuances of equality of arms are specified in article 12 of the Code of Civil Procedure of the Russian Federation. It is here that the principles of equality and competitiveness are spoken of, as well as their relationship to each other. It should be noted that they are closely related. Indeed, only equal subjects of the process can compete.
The principle of equality of participants in production is to express the capabilities of the plaintiff and defendant. Such opportunities are strictly regulated by law. According to Article 38 of the Code of Civil Procedure of the Russian Federation, the rights of the parties to the process must be fully coordinated. The law may give rights to one party, but it is obliged to provide similar legal opportunities to another subject of office work. This rule applies to all stages of a trial in a civil proceeding.
Acquaintance with materials affairs
The fundamental rights and obligations of participants in a civil process should be considered. The most important authority of both the plaintiff and the defendant is the opportunity to get acquainted with the case materials. What can this give to the parties to the process?
To substantiate their innocence, the party that started the dispute submits a number of special documents to the court. In clerical work, they are referred to as written evidence in a civil proceeding. A judge who is an impartial and independent arbitrator is required to examine all the elements of evidence presented.
The court itself forms some documents. In this case, the plaintiff and defendant have the opportunity to fully familiarize themselves with the case materials. Based on the information received from the court, a defense strategy against charges is built.
Procedural rights
The defendant and the plaintiff may dispute the acts adopted by the court in the manner prescribed by law. Decisions, as well as some individual decisions are included in the group of interim acts.They can be taken directly when considering a dispute. The decisions indicate the time and procedure for appeal. Moreover, all parties to the civil process have the right to appeal. This is guaranteed by the principles of democracy, equality, as well as honest evidence in the civil process.
Article 35 of the Code of Civil Procedure of the Russian Federation refers to such an important procedural law as the provision of evidence. We are talking about the implementation of the principle of adversarial proceedings in a lawsuit. The parties make various arguments in favor of their innocence. To some extent, evidence in civil proceedings is not only a right, but also an obligation of the parties.
Special Procedural Rights
Some experts in the field of jurisprudence separate individual procedural rights into a special category - a group of special procedural rights. According to Article 35 of the Code of Civil Procedure of the Russian Federation, the claims of the plaintiff against the defendant can be combined into one statement of claim. Citizens who constitute a class action have the same right. In this case, the decision to combine several proceedings into one is taken by the judge.
The category of special rights includes the possibility of choosing the court in which the case will be considered. So, the plaintiff has the right to file an application with one of the following authorities:
- at the place where the defendant was registered;
- at the location of the property or at the legal address of the organization (if the defendant is a legal entity);
- at the place of residence of the plaintiff.
The law establishes that only one statement of claim may be filed on one issue.
General responsibilities of process participants
The procedural obligations of the plaintiffs and defendants are divided into special and general. What is a group of common responsibilities? According to Article 35 of the Code of Civil Procedure of the Russian Federation, this is good faith. Parties to the process are required to faithfully comply with the legal requirements of the court, as well as comply with the law. It is unacceptable to abuse one’s rights, including those that delay the proceedings. In such cases, the court has the full right to suppress such actions and apply certain sanctions.
The parties to the paperwork are required to be strictly subordinate to the procedural regulation. This also includes the moral norm to be truthful during a trial. For example, libelous testimony or fictitious written evidence is not allowed in a civil proceeding.
Special responsibilities of process participants
Separate procedural actions involve the endowment of parties to office work with special duties. What is included in this category? This, for example, the need to implement the principle of adversarial process in the civil process by proving. The materials presented to the court must be carefully checked. The court must provide reports on the location of the evidence, familiarization with the elements of evidence, etc.
Code of Civil Procedure of the Russian Federation does not contain special sanctions that could ensure the fulfillment by interested parties of the obligation to prove. The driving force in this case is only the interest in obtaining a favorable solution.
What else belongs to the special duties group? It should highlight the immediate message to the court about the change of address of residence during the proceedings. The same applies to changing circumstances, making additions to the documentation, etc.