What does the concept of types of legal proceedings include? Legal proceedings - this is primarily an activity that takes place in a logical sequence. It, along with any legal process, has certain stages, which constitute an integral set of procedural actions. They, in turn, are aimed at achieving a common goal and perform one common task. These categories of litigation follow each other, but they cannot be interchangeable. Each stage begins only after completion in front of the going. The procedural act must correctly regulate the change of one stage of legal proceedings to another. What are the types of proceedings? Consider below.
Main stages
Currently, the following stages exist:
- the stage of initiation of civil proceedings;
- the preparatory process of the case for trial;
- the trial itself;
- proceedings in the court of second instance;
- proceedings in a court of supervisory authority;
- review of court decisions on the circumstances, as well as decisions of the presidium of the supervisory review court, which entered into force.
Consider the types of stages of legal proceedings in more detail.
First stage
The first stage is designed to address the issue of initiating civil proceedings. When applying to the court, they may be refused to accept the application, the application may be returned or left without movement, and it may also be accepted by the court for consideration. In the case of acceptance of the application, the beginning of the stepwise sequence of proceedings begins.
Second stage
The second stage should provide the position of lawfulness and timeliness of the next judicial review. The Civil Code of the Russian Federation determines the trial during such a part of the process as preliminary (Article 152 of the Civil Code). An appropriate decision is made only if the plaintiff missed the limitation period in the absence of a valid reason.
Third stage
The third stage is the main stage of legal proceedings. This is because it is here that the case is examined by the court, and the participants in the process are protected from the violated right by judicial protection. At the same time, the court makes a court decision at this stage. The actions at the trial should include the preparatory part, the trial, debate, announcement of the decision or determination. The above stages relate to consideration by the court of first instance.
Other stages
The next stage is subject to initiation directly by the will of the participants in the trial and their representatives. In the case when the persons who participate in the case do not agree with the decision of the justices of the peace, an appeal proceeding follows.
The fifth stage is individual, because judicial acts are reviewed here, which do not have legal force, since they did not enter into it. Cassation proceedings, in turn, verify the legality and validity of decisions of federal courts. At this stage, this type of production takes place.
At the last stage, supervisory review proceedings are conducted to review court decisions that have entered into legal force.
The judicial procedure in this area is carried out depending on the subject and method of judicial protection, the objectives of the judicial work.
The types of proceedings may determine the name of the persons who are involved in the case, as well as their legal status, including specifics when initiating legal proceedings, the possibility of using various remedies, the distribution of duties on the issue of proof, especially when making and executing a court decision.
Types of judicial processes is a certain set of methods of judicial protection and procedural actions.
Kinds
They are as follows:
- View clerk production (it is a type of production where there are no stages of legal proceedings, including no trial, preparation of the case for a court hearing. A court decision in such cases is not issued, but a court order is issued instead).
- Claim production. In this case, there must be a dispute about the law, as well as equality of arms. The subject of protection is a violated right or interest. It is subject to initiation on the basis of a claim in accordance with the requirements of the Code of Civil Procedure of the Russian Federation.
- Production in cases arising from public relations. The subject of protection is the interest of the plaintiff under legal protection.
- Special proceedings in the absence of a dispute about law.
The Civil Procedure Code defines another stage of the process as a review of cases on newly discovered circumstances. There are types of arbitration proceedings.
In the past, procedural legislation contained a stage of enforcement proceedings. But after reforming the sequence of execution of court decisions, adoption of the relevant law, innovations in the Code of Civil Procedure of the Russian Federation, this production in the form of an independent part was eliminated.
This is due to the fact that the FSSP belongs to the Ministry of Justice, therefore, the Code of Civil Procedure of the Russian Federation regulates proceedings that are related to the execution of court orders.
There are other types of court proceedings.
Civil process
Enforcement proceedings in our country, as well as the spread of relations in the field of it, have contributed to the emergence of a new direction - this is the civil executive law of the Russian Federation and work on the draft code in this area of the Russian Federation.
The provisions of civil procedural law are interconnected with the civil executive. The EU Human Rights Regulation emphasizes that the enforcement of a judgment is subject to review as part of the judicial process. That is, enforcement proceedings are a continuation of the procedural direction in the field of protecting the interests of citizens. It is possible to speak about types of administrative legal proceedings for a long time.
Note that the consideration of civil cases is often limited at the stages of production. Of these, only the first three are important. For example, for the consideration of a court case at the third stage, it is possible for the parties to execute the court decision, while there is no need to consider further in the subsequent stages.
Under the civil process is understood a complex set of procedural relations, reflecting the variety of grounds for these relations. They cannot exist alongside each other since the very beginning of the process. Moreover, their occurrence is characterized by the appearance of one after another. Thus, interchangeability occurs. This provision is provided for by civil procedure law.
Code of Civil Procedure of the Russian Federation identifies the types of proceedings for the courts of first instance, taking into account the material and legal aspects of the dispute, as well as the features of the trial. For example, lawsuit proceedings, as well as features of the court proceedings, involve absentee proceedings.
Judicial Discussions
Thus, increasing the level of types of legal proceedings complicates legal proceedings, however, there is another side to the consideration of this issue, while the judicial process is more flexible than before, and it is possible to study individual civil cases more thoroughly. The ambiguity in this matter causes a lot of discussion today. In addition to what has been said, it is necessary to understand that in the process of forming the procedural branch and reforming legislative acts, an increase in the noted number followed in comparison with the previous Code of Civil Procedure of 1964 (previously there were only three of these types, but currently six.This indicates the development of judicial activity in the direction of simplifying the entire judicial system, as well as the functioning of the judicial system as a whole.
Above, we noted different types of legal proceedings.
Types of criminal proceedings
The term “criminal proceedings” is based on pre-trial and trial proceedings in a criminal case. Pre-trial proceedings will be the period from the moment the message about the crime is received, until the case is sent to the court. There is no talk of the concept of judicial proceedings in the law, however, having analyzed the structure of the Code of Criminal Procedure of the Russian Federation, we can conclude that this concept involves the production of a court of the 1st and 2nd instance, execution of a sentence, review of sentences that have entered into legal force, definitions and decrees court.