Tasks, types and stages of civil proceedings

The article will examine in detail the stages of civil proceedings. We will also get to know more closely the concept of civil process, discuss its types and tasks.

Confusion of concepts

Courts of general jurisdiction operate in Russia to protect civil rights, however, if necessary, you can apply to arbitration, trade union and arbitration courts. Moreover, sometimes decisions can be made by administrative bodies or public organizations. However, it must be understood that justice is considered to protect the interests of different entities and only by the judiciary.

Very often in specialized literature you can come across the concepts of “civil process” and “civil proceedings” as synonyms. Civil proceedings most often mean the consideration of cases in arbitration courts and courts of general jurisdiction. It follows that the concept of “civil proceedings” is somewhat broader, since it includes both civil and arbitration proceedings. Despite this, the Code of Civil Procedure, which describes the tasks of civil proceedings, refers to the work of courts of general jurisdiction that deal with justice.

Civil process

It is believed that civil matters concern not only civil matters, but also those cases that relate to family, housing, labor and land disputes. The civil process is just one of the forms of administering justice, but it differs from its other forms by the presence of a special procedural design. What other distinctive features does he possess?

Firstly, this is a certain order according to which the consideration and resolution of cases takes place. This order depends on the specific area of ​​law. Secondly, there is a special sequence of the whole procedure, in which each action of the court and the participant in the process must occur in due time. Thirdly, the universality of the procedure itself. This means that the Civil Code prescribes a procedure for the consideration and resolution of any civil cases at any stage. Separately, it is worth noting the principle of imperative. This means that there is a certain procedure for considering a case in court, to which the court itself submits, participants in the process, and even those who are simply present in the hall. If you violate the established order, unpleasant consequences may occur. So, the court can cancel its decision or impose a fine on the offender.

Scientific Opinions

Civil proceedings, the concept, tasks, types and stages of which we are considering, is a complex term that different scholars interpret in their own way. There are those who consider such legal proceedings to be the process of consideration and subsequent resolution of the case. Some civil proceedings call enforcement proceedings and settlement through the law of civil relations. The third opinion says that this concept is one complex legal relationship or a large set of them, which invariably arise in the process of consideration and decision. It is believed that the civil process is only an activity and the legal relations arising from it that develop between the court and the participants in the process. The final fifth point of view is based on the fact that the civil process is a combination of three components: procedural relations, activities and forms.

Is there an exact opinion?

Now let's talk about the main point in this article.What are the stages of legal proceedings? To begin with, we note the fact that the stages of the civil litigation process are not clearly defined in existing codes. However, we can still consider this issue, since the concept has nevertheless been formed. Some conclusions can be drawn at least from the fact that the stage of civil proceedings is not. However, even among scientists there is no universally accepted standard with which everyone would agree. Opinions are different, but each of them to some extent answers the question asked.

Classifications

The concept of civil proceedings (process) and the stage of the civil process can be viewed from several points of view. The scientist K. Malyshev, who was studying this issue in pre-revolutionary science, believed that there are several key points that form the stage itself:

1. The beginning of legal relations.
2. Study of the details of the case.
3. The end of the process.
4. Execution of the sentence.
5. Possible appeal of decisions.

A similar opinion was expressed by V. Krasnokutsky. The scientist A. Golmsten, proceeding from the fact that the stage of civil proceedings is not, highlighted the main points that should be present:

• the claim of both parties must be confirmed legally and factually;
• To justify the requirements of each participant, it is necessary to state legal norms and facts.

Stages of civil proceedings

In science, the concept of the stages of civil proceedings was helped to determine its purpose. It is believed that a stage is a certain set of procedural actions that are aimed at achieving the same goal. Based on this approach, we can distinguish the following stages of the initiation of civil proceedings:

• commencement of proceedings;
• the period of preparation of both parties for proceedings;
• the trial itself;
• work with the court of appeal;
• work with the cassation instance;
• work with a supervisory authority;
• review of the case, if necessary, if new facts or circumstances arise;
• enforcement of a court decision.

Stages based on the second approach

If we consider the tasks, stages and types of civil proceedings, based on the second point of view, we must understand how it defines the concept itself. Stage is considered to be a part of civil proceedings that interacts with other procedural actions, which are complexly aimed at achieving a certain goal at a certain stage.

The defining difference from the first approach is that the process can theoretically be terminated at any of the stages. The classification proceeds from the order in which order and in what instances it is necessary to consider the case:

• first instance courts;
• courts of second instance or appeal;
• cassation instance;
• supervisory authority;
• review of the case or decision made if new circumstances of the case appear;
• execution of the sentence.

It is worth noting that with this approach, each of the stages listed above includes three main stages:

• initiation of proceedings;
• preparing for trial or executing a sentence;
• court proceedings or executive stage.

Some scholars believe that some stages may not be related to stages, for example, enforcement proceedings. This point of view is based on the fact that executive law is governed separately.

Tasks

In the new Code of Civil Procedure, the tasks of civil proceedings began to be understood differently. The most important task is the timely and correct consideration of cases to protect the rights and interests of citizens and other constituent entities of the Russian Federation. Correct consideration implies the adoption of a legitimate decision on reasonable grounds.It is very important that the legal process itself helps to ensure that the rule of law and rule of law go to a new level, preventing the appearance of new offenses. The social function is that a respectful attitude to the letter of the law should be formed in society. The main goal is that a person or entity should be protected by the state if its rights are violated. These tasks are achieved not only in the process of considering the case, but also in the administration of justice.

Principles

There are a lot of principles, therefore we will consider only some of them. Guidelines:

• justice may be administered exclusively by the court;
• a combination of collegial and sole authority in court;
• independence of judges, their full submission to the letter of the law;
• legality of decisions;
• publicity of the proceedings;
• use of the national language;
• adversarial proceedings;
• continuity;
• oral form;
• the opportunity will appeal to the judicial authorities of citizens who can receive assistance on a free basis;
• equality before the law;
• Reasonable time limits for investigation;
• dispositiveness, that is, the ability to freely use all of your rights.

We have listed the basic principles that guide the judicial system.

Kinds

The type of civil process depends on the specifics of a particular case. As we said earlier, housing, material, property, etc. disputes can be considered. There are three main types of process:

• lawsuit;
• on disputes that arise from public relations;
• special production.

The lawsuit is based on the fact that the court receives statements from people who believe that their rights have been violated in labor, land, family and civil relations. It is characterized by the fact that both sides are in an equal position. By the way, in this case, the parties will be called the plaintiff and defendant.

The processes that arise from public relations are considered a whole category, which covers the consideration of cases in the following areas:

• contesting the correctness of regulatory acts by citizens or organizations;
• contesting decisions or inaction of authorities at any level (state, municipal, local);
• questions on the protection of electoral rights;
• other issues that may arise from public relations and related to the conduct of the court.

A distinctive feature of such cases is that they arise from relationships where there is power and submission.

Special production

Separately, it is worth considering a special production, since it differs in that there is no dispute in it. The following cases can be attributed to this category:

• questions concerning the establishment of the truth of facts of legal significance;
• questions of adoption or adoption of children;
• cases of recognition of a person as incompetent, limitation of his legal capacity or deprivation of the ability to personally dispose of income;
• cases on recognition of a person as dead or missing;
• questions regarding the recognition of a minor citizen as fully capable;
• recognition of the right of municipal authorities to ownerless property;
• restoration of rights to papers or things;
• cases concerning compulsory psychiatric examination.

Summing up the article, it must be said that the civil process (the concept, stages and types of civil proceedings were considered in the article) is a rather complicated mechanism, which is not easy to describe in a monosyllabic way. To realize the full depth of the concept, it is necessary to resort to the consideration of different points of view.

The judicial system is very voluminous and it is not for nothing that the best lawyers of the country are engaged in the development of principles and the foundations of its activity.Everything is done in order to provide for all situations that may arise and go beyond the framework described in the legislative documents. Each person and citizen of the country contributes to this process, because regularly it becomes known about cases that are difficult to parse according to existing standards for making a fair decision. Therefore, new and improved methods for resolving contentious issues are being developed.