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Civil litigation. Simplified production in civil procedure. Appealing against judicial acts adopted by way of simplified proceedings in civil proceedings

civil proceedings supervisory relationship

In legal science, there are opinions on the allocation of types of civil procedure, different from the opinion of the legislator. So, T.E. Abova, depending on the nature of the cases, distinguishes the following types of proceedings:

action proceedings (including simplified proceedings);

proceedings on cases arising from administrative and other public legal relations;

special production;

insolvency (bankruptcy) proceedings;

proceedings in cases related to the execution of judicial acts of arbitration courts;

proceedings on cases, decisions on which were made by Russian arbitration courts;

proceedings on cases of recognition and enforcement of decisions rendered by foreign courts and arbitration tribunals.

D.Kh. Valeev singles out material-legal relations as the basis for dividing legal proceedings into separate types. At the same time, in the civil procedure, they distinguish two main blocks of cases: related to a particular dispute and indisputable cases; the types of production are offered as follows:

action proceedings;

proceedings on cases arising from public legal relations;

special production;

order production;

proceedings on cases on challenging the decisions of the arbitration courts and on the issuance of writs of execution for the compulsory execution of the decisions of the arbitration courts;

proceedings on cases related to the execution of court orders and decisions of other bodies.

Such a discrepancy with the norms of law is largely due to the peculiarity of the material legal relations under consideration, which predetermine the procedural features of the consideration of such disputes in court. In the process of resolving cases, it often turns out that the selection of types of production by the theoretician legislator often does not correspond to real issues that arise directly during their consideration. Therefore, in legal science, the question of the types of civil procedure is debatable, and the legal norms contained in the law are criticized.

Thus, the civil procedural legislation distinguishes between seven types of civil proceedings. Each of them has specific features that are different from other types of process, such as the subject, the order of the process, the presence of certain stages in it.

The allocation of several types of civil procedure is aimed at using the resources of justice in civil cases as efficiently as possible. So, there is no need to initiate action proceedings, where the participants in the process go through all the stages in full, at the request of the creditor, based on a notarized transaction. Notarization of a transaction in most cases excludes a dispute about the obligations of the transaction. Therefore, in this case, it is more expedient to initiate a clerical proceeding than a claim.

And also, highlighting each of the types of civil proceedings, the legislator pursues certain goals, endows each of them with special features, which makes it possible to make justice in civil cases more flexible, but at the same time full-fledged.

However, legal practitioners and theorists often consider the provisions of the law more broadly or narrowly, or do not share the views of the legislator at all. This also applies to issues of civil procedure, namely, its types. So, legal scholars have proposed more than one classification of types of civil procedure, which differs from the one enshrined in law. These alternative classifications are based on the specifics of the subject matter proceedings. And, as is commonly believed, practicing lawyers are faced with these features more often than the legislator.

Thus, the nature of the divergence in the opinions of scientists and legislators becomes clear to us. Therefore, many issues in legal science remain controversial, and types of civil procedure are no exception.

The introduction of justices of the peace was provided for by the Concept of Judicial Reform, approved on October 24, 1991 by the Supreme Soviet of the RSFSR. At the same time, it was assumed that justices of the peace would bring the court closer to the population, facilitate citizens' access to justice, speed up the passage of cases, including civil ones, to their final judicial resolution, and also significantly relieve the federal courts.

FKZ "On the judicial system of the Russian Federation" and FZ "On justices of the peace in the Russian Federation". This law defines the competence of a magistrate. In addition to criminal cases on crimes, for the commission of which a maximum penalty not exceeding two years' imprisonment may be imposed, justices of the peace at first instance are called upon to consider cases on the issuance of a court order, as well as other civil cases arising from family and civil relations. The Code of Administrative Offenses of the Russian Federation includes some cases of administrative offenses to the introduction of a magistrate. A civil case is accepted by a magistrate for proceedings, taking into account the tribal and territorial jurisdiction.

The procedure for considering and resolving civil cases referred to the competence of a magistrate is subject to the general rules of civil proceedings. The judge shall consider the case alone.

Jurisdiction between district courts and justices of the peace is distributed based on the category of the case, the nature of the dispute, its subject matter, the volume of property claims, the subject composition of the disputed substantive relationship.

The generic jurisdiction of civil cases of justices of the peace is defined in Art. 23 Code of Civil Procedure of the Russian Federation.

1. The Justice of the Peace considers as a court of first instance:

1) cases on the issuance of a court order; 2) cases of divorce, if there is no dispute about children between the spouses; 3) cases of division between spouses of jointly acquired property at a claim price not exceeding fifty thousand rubles; 4) other cases arising from family legal relations, with the exception of cases of challenging paternity (motherhood), establishing paternity, depriving parental rights, restricting parental rights, adopting (adopting) a child, other cases on disputes about children and cases on recognizing marriage as invalid; 5) cases on property disputes, with the exception of cases on the inheritance of property and cases arising from relations for the creation and use of the results of intellectual activity, with a claim price not exceeding fifty thousand rubles; 6) has become invalid. 7) cases on determining the procedure for the use of property.

2. Other cases may also be referred to the jurisdiction of justices of the peace by federal laws.


3. When several related claims are combined, the subject of the claim is changed or a counterclaim is filed, if the new claims become subject to the jurisdiction of the district court, while others remain subject to the jurisdiction of the magistrate, all claims are subject to consideration in the district court. In this case, if the jurisdiction of the case has changed in the course of its consideration by the magistrate, the magistrate makes a ruling on the transfer of the case to the district court and transfers the case to the district court.

4. Disputes between a magistrate and a district court on jurisdiction are not allowed.

As for territorial jurisdiction, i.e. distribution of cases between the courts of one link of the system of courts of general jurisdiction, then for justices of the peace any exceptions to the general rules established by Art. 28-33 of the Code of Civil Procedure of the Russian Federation does not exist.

The Justice of the Peace carries out his activities within his court area. Judicial districts, like the positions of justices of the peace, are created and abolished by the laws of the constituent entities of the Russian Federation (Article 4 of the Federal Law "On Justices of the Peace in the Russian Federation"). In order to comply with the rules of territorial jurisdiction, the magistrate and the persons who apply to him with a corresponding statement must clearly understand the territory served by the magistrate. The transfer to another judge is carried out by a higher court.

§ 2. Procedure for the consideration and resolution of civil cases by a judge of the peace

By accepting the statement of claim, the magistrate must make sure that his requirements for the form and content provided for by Art. 131 Code of Civil Procedure of the Russian Federation.

According to article 154 of the Code of Civil Procedure 1. Civil cases are considered and resolved (...) by a magistrate before the expiration of a month from the date of acceptance of the application for proceedings.

Article 150. Actions of a judge when preparing a case for trial

1. When preparing a case for trial, the judge: 1) explains to the parties their procedural rights and obligations; 2) interrogates the plaintiff or his representative on the merits of the stated claims and proposes, if necessary, to submit additional evidence within a certain period; 3) interrogates the defendant on the circumstances of the case, finds out what are the objections to the claim and with what evidence these objections can be confirmed; 4) resolves the issue of joining the case of co-plaintiffs, co-defendants and third parties without independent claims regarding the subject of the dispute, and also resolves issues of replacing an inappropriate defendant, joining and separating claims; 5) takes measures to conclude an amicable agreement by the parties, including following the results of okay, established by federal law, the mediation procedure, which the parties have the right to carry out at any stage of the trial, and explains to the parties their right to apply for a dispute resolution to the arbitration court and the consequences of such actions; 6) notifies the time and place of the proceedings of the citizens interested in its outcome, or organizations; 7) resolve the issue of summoning witnesses; 8) appoints an examination and an expert for its implementation, and also resolves the issue of involving a specialist, a translator in the process;

9) at the request of the parties, other persons participating in the case, their representatives, requests from organizations or citizens evidence that the parties or their representatives cannot obtain on their own; 10) in cases of urgency, conducts, with the notification of the persons participating in the case, an on-site examination of written and material evidence; 11) send letters rogatory; 12) take measures to secure the claim; 13) in the cases provided for article 152 of this Code, resolves the issue of holding a preliminary court session, its time and place;

14) performs other necessary procedural actions.

2. The judge shall send or serve the defendant with copies of the application and the documents attached to it, substantiating the claim of the plaintiff, and invites him to submit evidence in support of his objections within the time period set by him. The judge explains that the defendant's failure to present evidence and objections within the time period established by the judge does not prevent the consideration of the case on the basis of the evidence in the case.

3. In case of systematic opposition of the party to the timely preparation of the case for trial, the judge may recover compensation in favor of the other party for the actual loss of time according to the rules established article 99 of this Code.

Litigation in civil cases assigned to the jurisdiction of a magistrate is subject to the general rules of civil proceedings. The only thing that relates to the specifics of the activities of a magistrate is that in all cases he considers the case alone (part 3 of article 3 of the Federal Law "On justices of the peace in the Russian Federation"), and the period for consideration of the case is set within a month from the day the application was accepted for production.

Article 121. Court order

1. Court order - a court order issued by a judge alone on the basis of an application for the collection of monetary amounts or for the reclamation of movable property from the debtor in accordance with the requirements provided for Article 122 of this Code.

2. The court order is at the same time an executive document and is enforced in okay established for the execution of court orders.

Article 122. Requirements for which a court order is issued

A court order is issued if:

1. the claim is based on a notarized transaction; 2. the demand is based on a transaction made in simple written form; 3. the demand is based on the protest of a bill of exchange made by a notary in non-payment, non-acceptance and non-dated acceptance; 4. a requirement has been made to collect alimony for minor children, not related to establishing paternity, challenging paternity (motherhood) or the need to involve other interested parties; 5. a requirement has been made to collect arrears on taxes, fees and other obligatory payments from citizens;

6. a requirement has been made to recover the wages accrued but not paid to the employee, the amount of vacation pay, payments upon dismissal and (or) other amounts accrued to the employee;

7. the territorial body of the federal executive body for ensuring the established procedure for the activities of the courts and the execution of judicial acts and acts of other bodies has declared a demand to recover the costs incurred in connection with the search for the defendant, or the debtor, or the child; 8. a claim was made to recover the accrued but unpaid monetary compensation for the violation by the employer of the established period, respectively, of the payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee.

Article 123. Filing an application for the issuance of a court order

1. An application for the issuance of a court order is submitted to the court according to the general rules of jurisdiction established in this The Code.

2. An application for the issuance of a court order is paid with a state fee of 50 percent rates established for statements of claim.

Article 124. Form and content of an application for the issuance of a court order

1. An application for the issuance of a court order shall be submitted in writing.

2. An application for the issuance of a court order must indicate:

1) the name of the court to which the application is submitted; 2) the name of the claimant, his place of residence or location; 3) the name of the debtor, his place of residence or location, and for the debtor citizen also the date and place of birth, place of work (if known); 4) the claim of the claimant and the circumstances on which it is based; 5) documents confirming the validity of the claim of the claimant; 6) the list of attached documents.

In the case of reclaiming movable property, the application must indicate the value of this property.

3. An application for the issuance of a court order shall be signed by the claimant or his representative having the appropriate powers. The application submitted by the representative must be accompanied by a document certifying his authority.

Article 126. Procedure for the issuance of a court order

1. A court order on the merits of the stated demand shall be issued within five days from the date of receipt of the application for the issuance of the court order to the court.

2. A court order shall be issued without trial and without summoning the parties to hear their explanations.

Article 127. Content of the court order

1. The court order shall indicate: 1) the production number and the date of the order; 2) the name of the court, the surname and initials of the judge who issued the order; 3) name, place of residence or location of the claimant; 4) the name, place of residence or location of the debtor, and for the debtor citizen also the date and place of birth, place of work (if known); 5) the law on the basis of which the claim was satisfied; 6) the amount of monetary amounts subject to recovery, or designation of movable property subject to claim, indicating its value; 7) the amount of the penalty, if its recovery is provided for by federal by law or by agreement, as well as the amount of penalties, if any; 8) the amount of the state duty to be collected from the debtor in favor of the claimant or to the income of the relevant budget; 9) details of the bank account of the claimant, to which the funds to be collected should be transferred, in case if the foreclosure is made at the expense of the budgets of the budgetary system of the Russian Federation; 10) the period for which the debt to be collected was formed for obligations that provide for the execution in parts or in the form of periodic payments.

2. In a court order on the recovery of alimony for minor children, in addition to the information provided for paragraphs 1 - 5 part one of this article, the date and place of birth of the debtor, his place of work, the name and date of birth of each child for the maintenance of which the alimony was awarded, the amount of payments collected from the debtor on a monthly basis, and the term for their collection are indicated.

3. The court order is drawn up on a special form in two copies, which are signed by the judge. One copy of the court order remains pending. A copy of the court order is made for the debtor. Article 128. The judge sends a copy of the court order to the debtor, who, within ten days from the date of receipt of the order, has the right to present objections to its execution. Article 129. Cancellation of a court order A judge shall cancel a court order if objections are received from the debtor with respect to its execution within the prescribed period. In the ruling on the cancellation of the court order, the judge explains to the recoverer that the declared claim may be brought against them in the course of action. Copies of the court ruling on the cancellation of the court order shall be sent to the parties no later than three days after the date of its issuance. Article 130. Issuance of a court order to a recoverer 1. If objections are not received from the debtor within the prescribed time limit, the judge shall issue to the recoverer a second copy of the court order, certified by the official seal of the court, for its presentation for execution. At the request of the claimant, the court order may be sent by the court for execution to the bailiff-executor. 2. In case of collection of the state duty from the debtor, a writ of execution shall be issued to the relevant budget on the basis of a court order, which is certified by the official seal of the court and sent by the court for execution in this part to the bailiff-executor.

The concept of civil proceedings, its purpose and objectives. Civil proceedings are the procedure for civil proceedings, carried out on the basis of the norms of civil procedural law. Civil cases are understood as cases arising from a wide range of legal relations - constitutional, civil, family, labor, housing, land, environmental and other legal relations, as well as other cases provided for in Art. 22 Code of Civil Procedure of the Russian Federation.


The purpose of civil proceedings is to protect violated or disputed rights, freedoms and legitimate interests of citizens and organizations of the Russian Federation as a whole and its subjects, as well as municipalities, other persons who are subjects of civil, labor or other legal relations. correct and timely consideration and resolution of civil cases strengthening the rule of law and law and order prevention of offenses formation of respectful attitude towards the law and court OBJECTIVES


Civil procedural form. The characteristic features of the civil procedural form are that: - the procedure for considering and resolving civil cases is predetermined by the norms of civil procedural law; - persons interested in the outcome of the case enjoy the right to participate in the proceedings and to defend their rights and interests on the principles of equality and competition; - the court decision on the case must be based on the facts established in the court session with the help of evidence and comply with the law.


Civil procedural form. The civil procedural form of protection of rights provides the parties interested in the outcome of the case with certain legal guarantees of the legality of resolving the dispute, equality of procedural rights and procedural obligations. It obliges the court to consider and resolve disputes about the law and, at the same time, strictly observe the norms of substantive and procedural law, make legal and reasonable decisions in the court session in compliance with the procedural guarantees established by law or other regulatory enactments for persons participating in the case.


Sources of civil procedural law. Constitution of the Russian Federation Art. 19, 22, 26, 32, 47, 71, etc. International treaties with the participation of the Russian Federation International pact on civil and political rights, Eurasian convention for the protection of human rights and the basis clear freedom, the Minsk Convention of the CIS countries 1993 and others. Federal Constitutional Laws (FKZ) FKZ "On the judicial system of the Russian Federation", FKZ "On the Constitutional Court of the Russian Federation", FKZ "On military courts of the Russian Federation", "On courts of general jurisdiction in the Russian Federation "The Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation) The Code of Civil Procedure of the Russian Federation regulates in detail the process of administering justice in civil cases. Industry-specific codified normative acts Civil Code of the Russian Federation (Civil Code of the Russian Federation), Family Code of the Russian Federation (IC RF), Labor Code (Labor Code of the Russian Federation), Tax Code of the Russian Federation (Tax Code of the Russian Federation), etc. Federal Laws of the Russian Federation (Federal Law of the Russian Federation) Federal Law "On Justices of the Peace in the Russian Federation", the Law "On the Status of Judges in the Russian Federation", Federal Law "On the Prosecutor's Office of the Russian Federation" "On Arbitration Courts in the Russian Federation", "On an Alternative Procedure for Settlement of Disputes with the Participation of a Mediator ( mediation procedure ", etc.


Principles of civil procedural law. Principles of the organization of justice Administration of justice only by courts (Art. 118 of the Constitution of the Russian Federation, Art. 5 of the Code of Civil Procedure of the Russian Federation). Equality of all before the law and the court (Article 19 of the Constitution of the Russian Federation, Article 6 of the Code of Civil Procedure of the Russian Federation). Individual and collegial consideration of civil cases (Article 7 of the Code of Civil Procedure of the Russian Federation). Independence of judges (article 120 of the Constitution of the Russian Federation, article 8 of the Code of Civil Procedure of the Russian Federation). The language of civil proceedings (Art. 71,118 of the Constitution of the Russian Federation, Art. 9 of the Code of Civil Procedure of the Russian Federation). Publicity of the trial (Art. 123 of the Constitution of the Russian Federation, Art. 10 of the Code of Civil Procedure of the Russian Federation). Immunity of judges (Article 122 of the Constitution of the Russian Federation). Functional principles Principle of legality (Article 15 of the Constitution of the Russian Federation, Articles 1, 2, 11 of the Code of Civil Procedure of the Russian Federation, etc.). The principle of dispositiveness (Articles 3, 4, 39, 44, 137 of the Code of Civil Procedure of the Russian Federation). The principle of competition and equality of the parties (clause 3 of article 123 of the Constitution of the Russian Federation, article 12 of the Code of Civil Procedure of the Russian Federation). Immediacy, orality and continuity of the trial (Art. 157 Code of Civil Procedure of the Russian Federation).


Types of civil proceedings In civil proceedings, civil cases are considered that are heterogeneous in their material - legal nature, therefore, the following types are distinguished. Proceedings in absentia Special proceedings Proceedings for the consideration of applications for awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to execute a court decision within a reasonable time Proceedings in cases arising from public relations Order proceedings Proceedings on challenging the decisions of arbitration courts and issuing writs of execution for compulsory execution of decisions of arbitration courts Proceedings on the recognition and enforcement of decisions of foreign courts, foreign arbitral awards Proceedings related to the execution of decisions of the court and other bodies


The stages of the civil procedure are a certain part, united by a set of procedural actions aimed at achieving an independent (final) goal; Initiation of proceedings on the case; Preparation of the case for trial. by a court of a supervisory instance Revision of court decisions that have entered into legal force due to newly discovered or new circumstances Revision of court decisions and rulings that have entered into legal force (cassation proceedings)


Civil procedural legal relations: concept, subjects, grounds for occurrence Civil procedural legal relations are social relations regulated by the norms of civil procedural law that arise in the course of administering justice between the court, on the one hand, and other participants in the proceedings, on the other. norms of civil procedural law; 2. There are between the court, on the one hand, and a specific participant in the process, on the other; 3. Consolidate the mutual behavior of the court and other participants in the process when the court administers justice in a civil case; 4. Provided with both civil - procedural and civil - legal, administrative - legal and criminal - legal sanctions.


Objects of procedural legal relations An object in civil procedural legal relations is understood as what they are aimed at. The general object is a dispute that lies outside the procedural relations between the parties to a substantive legal relationship, which must be resolved by the court in a claim proceeding, as well as the requirement to establish legal facts. or other circumstances in cases of special proceedings. Special objects include those "benefits", the "result" to achieve which any legal relationship is directed


Subjects of civil procedural legal relations All participants in legal proceedings in a particular civil case are subjects of civil procedural legal relations arising in connection with its consideration. Depending on which side of the legal relationship these subjects act on, they can be divided into two groups: 1) court (collegial or sole); 2) other participants in the process (persons participating in the case and persons assisting in the administration of justice).


Subjects of civil procedural legal relations The court is the decisive and determining subject of civil procedural legal relations. All participants in the process perform procedural actions under his control. The subjects of procedural relations are the courts of the first and second instances, as well as the courts reviewing cases by way of supervision. Persons participating in the case, third parties, the prosecutor, persons applying to court for the protection of the rights, freedoms and legal interests of others, applicants and other interested persons in cases of special proceedings and in cases arising from public legal relations Persons assisting in the implementation justice witnesses, experts, translators, representatives, specialists


Preconditions for the emergence of civil procedural legal relations Three prerequisites are required for the emergence of civil procedural legal relations: Norms of civil procedural law Legal facts Legal personality of participants in legal relations

Remark 1

It should be noted right away that the main tasks of civil litigation are two processes: timely consideration and timely resolution of civil cases in accordance with the laws of the Russian Federation. Not only individuals can participate in civil proceedings, but also the interests of organizations, the rights of specific constituent entities of the Russian Federation. It is important to understand that civil proceedings were created to strengthen the rule of law and legality in the territory of one country, as well as to prevent various kinds of legal violations, and are aimed at the processes of forming a more respectful attitude of citizens towards judicial organizations and the laws of the Russian Federation.

Today, the Civil Procedure Code of the Russian Federation distinguishes four main types of judicial proceedings that deal with the processes of considering civil cases:

  • Order production.
  • Claim production.
  • Proceedings in specific cases that have specific public violations of law.

It is necessary to consider in more detail each individual proceeding in order to understand the clear difference between them, as well as to understand the similarities that are important in the processes of considering civil cases.

Types of civil cases in court

  • First, the order proceeding, it represents documentary and indisputable confirmation of a specific judicial proceeding. This proceeding is usually based on a court order, which is also a court order issued by a single judge. Here, cases can be considered, for example, in relation to sums of money and their collection from the debtor. A court order, which is also considered in the course of a court case, is most often attributed to the jurisdiction of a magistrate.
  • Secondly, this is a claim proceeding, which is based on civil cases on disputes of law. The main difference between this type of proceedings lies in its adversarial nature, that is, the trial process takes place in the form of a dispute between two interested parties before the participants in the trial. In this case, each party has every right to submit their claims.
  • Thirdly, special production. A special proceeding is a special type of civil litigation that does not have a lawsuit dispute about the right, that is, there are no disputing parties and various legal interests. First of all, especially production is that production in which there is only a one-sided statement.
  • Fourthly, this is a proceeding arising from public legal relations. In essence, these are independent cases, which are varieties of civil court proceedings. Such cases are aimed at judicial control over the processes of implementation of the legality of specific state bodies.

Statement of claim in civil cases

Remark 2

It should be noted that in order to file a claim, it is important to use ready-made forms and samples. Only in this way can you avoid possible mistakes, and as soon as possible submit your claim to the judicial organization.

The statement of claim is filed at the place of residence or place of registration of the citizen / legal organization of the defendant. Thus, the defendant will be summoned to the court in order to consider a specific court case.

The plaintiff, in turn, pays the state fee for the process of consideration and adjudication, and also writes a statement of claim, relying on evidence and his court claims.

2) lawsuit... All stages of the civil procedure are characteristic of the action for action. The filing of a claim by a person whose rights have been violated (the plaintiff), who is directed to the alleged violator (the defendant), presupposes the use of a means of protecting his violated or contested right. A claim is initiated by filing a document - a statement of claim;

  • copies of it in accordance with the number of respondents and third parties;
  • a document confirming the payment of the state fee;
  • power of attorney or other document certifying the powers of the plaintiff's representative;
  • documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies;
  • the text of the published normative legal act, if challenged;
  • evidence confirming the fulfillment of the mandatory pre-trial procedure for resolving the dispute, if such a procedure is provided for by federal law or agreement;
  • Calculation of the recovered or disputed amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.

The concept of civil procedure, types of court proceedings and stages of civil procedure

Each civil case, in the course of its consideration, goes through certain stages, in science they are called law enforcement cycles or stages of a civil process. The stage of civil procedure is an integral part of legal proceedings, characterized by the generality of the immediate procedural goal. To date, the following stages of the civil procedure are distinguished:

1) order production. This is the only type of proceedings in which there are no two stages of the civil procedure (preparation of the case for trial, consideration and resolution of the civil case on the merits). In an order proceeding, a court decision is not made, but a court order is issued - a court order issued by a judge alone on the basis of an application for the collection of monetary amounts or for the reclamation of movable property from the debtor;

Types of production in civil procedure

2) action proceedings. All stages of the civil procedure are characteristic of the action for action. The filing of a claim by a person whose rights have been violated (the plaintiff), who is directed to the alleged violator (the defendant), presupposes the use of a means of protecting his violated or contested right. A claim is initiated by filing a document - a statement of claim;

Legal consultation

A type of civil proceedings is a set of procedural actions of a court established by the norms of civil procedural law arising from certain substantive, public or procedural legal relations proper, aimed at achieving a specific goal of considering and resolving legal disputes, establishing or recognizing legal facts and restoring violated rights.

Types of civil proceedings

3) special production. In special proceedings, there is no legal dispute. Facts, information of legal significance that cannot be obtained out of court are established in a special proceeding. These are such facts as adoption (adoption) of a child, limitation of the legal capacity of citizens, recognition of a movable thing as ownerless, forced hospitalization of a citizen in a psychiatric hospital, etc .;

Types of production in civil procedure

  1. clarifies the circumstances of the disputed legal relationship,
  2. indicates to the parties that it is necessary to present certain additional evidence or assists in obtaining it,
  3. determines the subject composition of the process,
  4. takes measures to reconcile the parties.

Types of production in civil procedure

Cases considered in civil proceedings are characterized by diversity and difference, in particular, in the complexity of proving the circumstances of the case. There are certain cases that can be resolved on the basis of the evidence presented, without being tried on the merits. For example, if the child is left to live with the mother after the dissolution of the marriage, the father does not pay alimony and does not dispute paternity, then the collection of alimony does not require court proceedings; written evidence confirming the right of a minor child to receive alimony from his father is sufficient. But not all cases on the recovery of alimony can be as "transparent". The case is seriously complicated if the defendant, for example, is already paying sums of money under other orders of execution or disputes his paternity. Here, to establish all the circumstances of the case, one cannot do without a court hearing.

Types of production in civil procedure

Unfortunately, in Russia the legislator did not attend to the systematic nature of procedural guarantees of the availability of justice. A well-known example of recent years: originally part 3 of Art. 89 of the Code of Civil Procedure granted the judge the discretionary power to exempt a citizen from paying state fees, taking into account his property status. However, FZ N 127-FZ *(86) it was established that the size of the state duty, benefits for the payment of the state duty when applying to the courts, the grounds and procedure for the return of the state duty, the deferral or payment by installments of the state duty are regulated by the Tax Code. In this regard, Art. 89, 90, 92, 93 CPC. Article 89 of the Code of Civil Procedure as amended by the aforementioned federal law allows the provision of benefits for the payment of state duty only in cases established by the legislation of the Russian Federation on taxes and fees. As a result, the judge (court) lost the right, at his own discretion, to exempt from payment of the state fee, based on the property status of the citizen. In essence, procedural guarantees were disavowed by the norm of non-procedural law - the Tax Code, procedural in nature. This approach does not correspond to the absoluteness of the constitutional right to judicial protection, violates free access to justice. The Constitutional Court of the Russian Federation recognized that the provisions of Art. 333.36 in conjunction with clause 2 of Art. 333.20 Tax Code and Art. 89 of the Code of Civil Procedure, which do not allow courts of general jurisdiction and justices of the peace to make, at the request of individuals, decisions on exemption from the payment of the state fee, if another reduction in the amount of the state fee, the provision of a deferral (installment plan) for its payment does not provide unhindered access to justice, due to legal positions, expressed by the Constitutional Court of the Russian Federation in the Resolutions of May 3, 1995 N 4-P, of July 2, 1998 N 20-P, of April 4, 1996 N 9-P, of March 12, 2001 N 4-P, the definitions of May 12, 2005 N 244-O and of July 13, 2006 N 272-O, do not correspond to Art. 19 (parts 1 and 2) and 46 (parts 1 and 2) of the Constitution of the Russian Federation, and therefore lose force and cannot be applied by courts, other bodies and officials *(87) .

Types of civil proceedings

6) on the recognition of a movable thing as ownerless and on the recognition of the right of municipal ownership to an ownerless immovable thing; 7) on the restoration of rights for lost bearer securities or order securities (call-out proceedings); 8) on compulsory hospitalization of a citizen in a psychiatric hospital and compulsory psychiatric examination; 9) on the introduction of corrections or changes in the records of acts of civil status; 10) on applications for performed notarial acts or refusal to perform them; 11) on applications for the restoration of lost judicial proceedings (Art. 262 Code of Civil Procedure).

Types and signs of proceedings in civil procedure

6) proceedings on cases on challenging the decisions of the arbitration courts and on the issuance of writs of execution for the compulsory execution of the decisions of the arbitration courts. By written agreement of the parties, a dispute on rights may be considered by an arbitration tribunal. The decision of the arbitral tribunal can be challenged in a court of general jurisdiction, which is a guarantee of the protection of arbitration courts from arbitrariness;

Lawyer's notes

The list of Article 245 is not exhaustive. The legislator uses the wording “other cases referred to by the Federal Law as public proceedings” - cases of administrative offenses. The question of the presence or absence of a dispute about the right in this production is debatable. "Parties" are the names of the applicant and other interested parties. Public proceedings are initiated by filing an application.

Types of proceedings and stages in civil proceedings

Each of the selected types of proceedings is characterized by the peculiarities of their consideration in court. Therefore, under the guise of proceedings in civil proceedings, one understands a special order (procedure) for considering certain categories of legal cases; the procedure for civil proceedings regulated by the norms of civil procedural law, which is determined by a system of interrelated civil procedural rights and obligations and civil procedural actions by which they are implemented by the subjects - the court and the participants in the process; is determined by the nature and specifics of the substantive law or interest protected by law, which are subject to protection; the procedural order of initiation, consideration, resolution of a certain group of civil cases.

Civil procedure

Civil proceedings, as a rule, end with the execution of a court decision. Therefore, the sixth stage is proceedings related to the execution of court orders (enforcement proceedings)... This stage arises in cases when it is necessary to ensure the use of special enforcement measures for the execution of a court order. With the normal development of the process, this stage is the final one.

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