A specific procedure for the conduct, consideration and resolution of cases, which is established in accordance with the law, is called legal proceedings. It exists of four types: constitutional, civil, criminal, administrative. Consideration of case materials is always carried out by the judiciary on the basis of codes and other federal laws. Therefore, order in this case is necessary, otherwise the resolution of the controversial issue may drag on for an indefinite period of time.
Definition
Legal proceedings represent a certain stage in the process of consideration and resolution of a case, which is carried out in accordance with the norms of the law. Because the simplest in essence written appeal of a citizen cannot be in limbo. It must be accepted by the court and considered.
The basic principles of production are as follows:
- the equality of all citizens before the law, regardless of the nationality of a person, his skin color, financial situation;
- publicity - talks about the openness of the meeting, where anyone can attend;
- publicity - means that the investigation of the case is carried out by state bodies;
- providing protection - everyone has the right to receive qualified legal assistance from a lawyer;
- The national language must be understood by those involved in the process.
The concept and types of legal proceedings in the Russian Federation
Each case must be reviewed and resolved in accordance with the law. For this, it is necessary to attribute it to one of the existing types of legal proceedings:
- constitutional;
- civilian;
- criminal;
- administrative.
Moreover, each of them has its own characteristics, which are prescribed in a specific code and established by other regulatory acts. The very concept of legal proceedings means the procedure for considering a case, without which it is impossible to timely and correct resolution of a controversial issue.
Main functions
Types of legal proceedings in the Russian Federation are divided into four main categories:
- constitutional applies when it is necessary to establish the conformity of the adopted acts with the basic law of the state;
- administrative - when people commit minor offenses (misconduct), the liability for which is regulated by the Administrative Code;
- civil - to resolve disputes arising from property and personal non-property relations of persons;
- criminal - necessary to establish the guilt of the attackers or to justify them with the help of irrefutable evidence.
Each of them has its own tasks in resolving cases. That is why the types of legal proceedings in the Russian Federation differ in their own ways and methods, and also have specific features of the consideration of complaints and applications related to their jurisdiction.
Constitutional
The main objective of this legal procedure is the conformity of the adopted normative acts to the basic law of the state. In addition, it is within the competence of the Constitutional Court of the Russian Federation, which is a special authority, its decisions cannot be appealed and amended. It is guided in its activities by the following principles:
- independence;
- collegiality;
- publicity;
- continuity of the meeting;
- competitiveness;
- equal rights of the parties.
First of all, it considers the violation of law by state bodies and their inconsistency with the Constitution of the Russian Federation.
The decisions and decisions of this court are final and take effect immediately after the proclamation. In addition, they are considered indispensable sources of constitutional law.
Meetings of this state body are always carried out by the collegial composition of judges. Their broadcasting is allowed, but only on especially significant issues.
Constitutional proceedings in the Russian Federation always begin with the request of authorized persons. The right to appeal in this case are:
- the president;
- State Duma;
- Council of the Federation;
- government;
- Superior Court of Arbitration.
Administrative proceedings
Means a way to consider complaints from citizens and legal entities on the actions of authorities. In addition, administrative proceedings are necessary to resolve disputes between entities of this branch of law. It is characterized by the following tasks:
- accessibility of justice in the field of public relations;
- protection of the legitimate interests of citizens and organizations;
- prevention of offenses (misconduct);
- consideration and resolution of issues in this category of cases.
In addition, since 2015, the Code of Administrative Procedure of the Russian Federation began to operate throughout Russia. If before that all cases of this category were resolved with the help of the Code of Civil Procedure of the Russian Federation, now they have their own special order of consideration.
The Code of Administrative Procedure of the Russian Federation is now the main procedural document, which describes the principles of its action, methods of proof, as well as the execution of the claim.
Civil process
The main tasks here are the correct and quick consideration and resolution of disputes arising between people and organizations regarding personal non-property and material values.
The procedure for civil proceedings is as follows:
- civil proceedings are conducted orally, in a language that will be understood by each of the parties to the case;
- all evidence is examined;
- testimonies of witnesses and experts are heard;
- debate of the parties.
It is also necessary to note here that the material submitted to the court must be considered no later than two months, the exception is the claim for reinstatement, only four weeks are provided for it.
The application is submitted in writing, in addition, all necessary copies of documents must be attached to it, as well as a receipt on payment of the state duty, if provided. After the actions committed, the court makes a decision on taking the case to production or returning it to the plaintiff to eliminate the violations.
criminal process
It is no less important in its significance than other types of legal proceedings in the Russian Federation. It is regulated by the main and main legislative act in this direction - the Code of Criminal Procedure of the Russian Federation. This trial is intended to resolve issues relating to particularly dangerous offenses, which are called crimes.
In addition, there is a procedure for considering cases, which will largely depend on the guilty plea of the defendants. In this case, special, severe sanctions are applied to the violator (imprisonment, its restriction, large fines). That is why the criminal process is considered to be the most important than other types of legal proceedings in the Russian Federation, since a court sentence can forever change the fate of a person.