Today, civil proceedings are understood to mean a certain movement of civil affairs in the judiciary, a certain set of stages, otherwise called stages, as well as its consideration and, of course, resolution. It would be advisable to present in detail the civil proceedings (concept, types, stages and current tasks).
The essence of the civil process
Today, as civil proceedings, it is necessary to consider the specific, regulated by the norms of the civil procedural nature, specific activity of absolutely all persons participating in the proceedings. It is important to note that it is also necessary to include enforcement bodies of court decisions here. As noted above, at present, a certain number of types and tasks of legal proceedings can be distinguished. It is important to note that the latter are determined through the article of the second Code of Civil Procedure of the Russian Federation. Among them, it will be appropriate to highlight the following points:
- Timely and correct consideration and subsequent resolution of civil cases to protect the disputed or violated freedoms, legitimate interests or rights.
- Strengthening the rule of law and the rule of law, creating a respectful attitude on the part of society towards court and law, and preventing various types of offenses.
It can be concluded that the concept, tasks and types of civil proceedings presuppose the formation of a certain procedure for the consideration of disputes that arise in family, civil, labor and other legal relations of a material nature. This problem was resolved by the current legislation. It is important to note that this also includes cases arising from public relations, as well as cases of special proceedings, which consist of the stages of the process itself, defined by the current law.
The concept of the type of civil process
Before considering the types and stages of civil proceedings, it would be appropriate to identify the terms directly. So, by a variety of civil proceedings, one should understand the totality of procedural operations by the judicial authorities, which is established through the current standards of civil procedural law and follows from specific public, substantive and, of course, procedural relations. It should be noted that these operations are aimed at achieving a predetermined goal related to the consideration and subsequent resolution of legal disputes, the establishment or recognition of legal facts and the restoration of violated rights.
Types of legal proceedings in civil proceedings
In accordance with the current Civil Procedure Code of the Russian Federation, seven varieties of civilian industries can be distinguished. Among them are the following items:
- Order proceedings. It is important to note that of all the types of civil proceedings existing today, this variety is distinguished by the absence of two stages. Among them are the consideration and subsequent resolution of a civil case, as well as the preparation of the case itself for trial by the judiciary. It is necessary to add that in this case a court decision is not issued.Instead, there is a court order, which is a court order issued by a judge solely, as a rule, on the basis of a statement regarding the recovery of certain amounts of money and the recovery of property complexes from the debtor.
- Among the many types of civil proceedings, it would be appropriate to single out the lawsuit. It should be noted that absolutely all stages (stages) of the civil process that currently exist are characteristic of it. In addition, a lawsuit may be filed by the plaintiff (a person whose rights have been violated for some reason). One way or another, he was sent to the defendant (the alleged perpetrator). In any case, this filing of a claim involves the use of certain tools to protect the contested or violated right. It is important to note that, unlike other types of civil proceedings, lawsuit proceedings can only be instituted through the filing of a specific paper, namely, a statement of claim.
Special production
In addition to the above varieties of the civil process, it would be appropriate to highlight a special production. Unlike other types of civil proceedings, this variety does not involve a dispute about law. Information and facts, which in any case are endowed with legal significance, are formed precisely in a special production. It is important to add that today it is simply impossible to purchase them out of court.
Actual characteristics of the type of civil proceedings are correlated with such facts as adoption (adoption) of a child, recognition of ownerlessness of a movable thing, limitation of a citizen’s legal capacity, forced hospitalization of a person in a psychiatric hospital.
What else?
In a sufficiently large-scale aggregate, it would be advisable to single out the proceedings on cases that arise from public relations. It is important to note that this proceeding is related to the resolution of cases closely related to contesting legal normative acts partially or completely, contesting actions (or inaction) or decisions of state authorities, local authorities, municipal and public servants, officials. In addition, the concept under consideration and the type of civil proceedings suggest that this clause can also be associated with the protection of the right or rights relating to the participation of Russian citizens in the referendum.
Additional points
In addition to the above varieties, it is important to note the production corresponding to the cases, subject to the participation of foreign persons. The type of civil proceedings that characterizes the concept of civil procedure suggests that one side of the process directly is a foreign person (foreign organization, foreign citizen, international organization).
It should also be noted the proceedings related to cases concerning the contestation of decisions of arbitration courts, as well as the issuance of writ of execution corresponding to the enforcement of decisions of these courts. Thus, subject to a written agreement of the parties, a dispute over the right can be challenged by the arbitral tribunals. The decision of the court itself can be challenged in the courts of general type of jurisdiction. The latter provision, one way or another, serves as a guarantee of the protection of arbitration courts from arbitrariness.
It should be noted that the final list of relevant points is the production, which is directly related to the execution of court decisions, as well as decisions of other bodies.
Types of civil proceedings and stages of civil proceedings
Civil proceedings should be understood as activities that occur in a specific sequence, subordinate to logic.So, the elementary structures of absolutely any process of a legal nature are stages. It is important to note that the stage of the civil process serves as an integrated set of procedural relations and actions that are directed towards a single goal. They, as a rule, are engaged in the implementation of one task, consisting of a whole set of aspects. You need to know that the starting point for a new stage can only be set when the previous one is completed. Usually the corresponding transition is clearly defined. It is drawn up as a special procedural document. The modern Russian civil process includes six stages, which will be appropriate to consider separately.
First stage
In considering the types and stages of civil proceedings, the first stage is the initiation of the process itself. The purpose of this stage is to resolve the issue of the possibility of initiating legal proceedings in accordance with the base of materials that are made available to the judicial authorities by the applicant. It is important to note that the appeal of the interested subject of legal relations to the judicial authorities may entail a refusal to accept the application, in accordance with article 134 of the Code of Civil Procedure. In addition, it may become appropriate to return the application, leaving it without movement and, of course, accepting the application by the judicial authorities for production.
Thus, only the latter option indicates that the applicant has a right related to civil proceedings and a positive decision of the judge. It is after this that the initial point is put to the phased dynamics of the civil process, and the transition to the next stage is realized.
Case preparation
The second stage in the urgent topic is the preparation of the case for trial in the judiciary, which is called upon to ensure the lawfulness and timeliness of the subsequent proceedings. The purpose of this stage is nothing more than the consideration of a civil case at the first court hearing and the adoption of a lawful and informed decision.
It is important to note that in the case of a court hearing it is in this part that it is called preliminary. By the way, a decision corresponding to its results can be made only when the fact of missing the period of limitation by the plaintiff without a good reason is determined.
The trial
The third stage in the system under consideration is litigation. This stage is a fundamental stage of civil proceedings. Why? The fact is that it is at this stage that the dispute between the defendant and the plaintiff is resolved on the merits, and the persons interested in the case are protected by the court from a legitimate interest or challenged (violated) right. It should be noted that in this part of the proceedings, the name of the Russian Federation is the main judicial act, which is directly a court decision.
Fourth stage
The fourth stage is the production of a second instance (in other words, the stage of reviewing relevant acts that have not entered into legal force). It should be noted that the initiation of this stage is carried out only on the initiative of persons who are involved in the case, as well as their representatives. Those do not agree with the definitions and decisions made in previous steps.
Then, when the submission of the prosecutor or the complaint of the plaintiff is brought to the act of a world-class judge, the fourth stage of the process is called appeal proceedings. In addition, the justification of the rulings and decisions of courts of federal significance, as well as the verification of legality, is referred to as cassation proceedings.
Final stages
The proceedings in the judicial authorities of the supervisory authority indicate a review of judicial acts that have already entered into legal force.It is important to note that the reasons for changing or canceling a court order can be exceptionally significant violations of the procedural or substantive law that were committed in the process of issuing the revised act and in any case had some influence on the outcome of the case. It is important to note that without the elimination of these violations, the protection of violated interests, freedoms and rights is impossible.
The final stage in the aggregate under consideration is the revision of the definitions and decisions of the judiciary, the decisions of the Presidium of the judiciary, which have already entered into legal force in connection with the newly discovered circumstances. At this stage, the court eliminates errors of an objective nature found in a judicial act. It is important to know that this is the only kind of review that is implemented by the same judicial authorities that have adopted the revised definition or decision.