Civil procedural law is a field of jurisprudence, which includes special legal norms. Their purpose is to regulate relations between the court and other participants in the civil cases process. Based on these standards, a lawsuit takes place and decisions are made in accordance with them.
What is civil procedure law (GSP)
GPP is one of the legal disciplines. It studies the structure of the judicial system of the state, as well as the features of its work. The main source of civil procedural law is the Code of Civil Procedure of the Russian Federation. However, this is not the only legal document that governs such processes. Being the main source, it gives only part of the information necessary in civil procedure law. For a deeper understanding of this discipline, additional sources of information are used.
Other laws and regulations may be used in this capacity. Indeed, a large number of participants are involved in the legal process. Civil litigation is sometimes complex, confusing, but a professional lawyer must understand it. Therefore, as sources in civil procedure law, in addition to the Code of Civil Procedure of the Russian Federation, they use the Civil Code of the Russian Federation, the Constitution, the agro-industrial complex of the Russian Federation, the IC of the Russian Federation and other laws and acts.
The use and purpose of the GPP
The main scope of civil procedural law is the study of the work and structure of courts of first and second instance. These courts hear cases such as:
- divorce proceedings;
- adoption processes;
- resolving disputes with government officials; their actions or omissions;
- recognition of a citizen as missing or dead;
- cases on recognition of a citizen as capable or incompetent;
- cases on recognition of the transaction as valid or void.
In fact, the GPP examines the activities of courts dealing with civil cases. Therefore, the sources of civil procedural law are those laws and legal documents that relate to the activities of judges and courts, as well as the laws on the basis of which they make decisions.
In civil procedural law, various methods and techniques are used to study problems that are somehow related to judicial practice. Based on these studies, the tasks of the state registration procedure that arise in the development of civil procedural legislation and the judicial system are solved.
The task of the GPP as a field of jurisprudence is to predict the development of civil litigation and improve the judicial system in civil cases in force in the Russian Federation.
Constitution of the Russian Federation
The Constitution of the Russian Federation as a source of civil procedural law is fundamental. It represents the main document of the states, and on its basis all other laws and decrees are developed. Any law or legal act that contradicts an article of the Constitution of the Russian Federation does not have legal force. It spells out not only the rights and obligations of all citizens, but also the judicial system adopted in the state. All laws spelled out in other legal documents must not contradict the provisions of the Constitution of the Russian Federation.
Code of Civil Procedure of the Russian Federation
This source of civil procedural law is the main one. The Code of Civil Procedure of the Russian Federation spells out the procedure for preparing and conducting a trial. It states:
- how the meeting should take place;
- what are the rights and obligations of the parties;
- cases when the trial may be suspended or terminated;
- how to prepare and present evidence;
- rights and obligations of judges.
Code of Civil Procedure of the Russian Federation as a source of civil procedural law defines and regulates all the processes in court that can and should happen. But in this code, only the conditions and procedure for conducting the court session are prescribed, and not the laws on the basis of which the judge must make decisions. For this, other sources in the GPP are used that are somehow connected with it. These are laws that regulate the activities of participants in a civil legal process or are a source of norms and rules for decisions made by a court.
Civil Code of the Russian Federation
Another source of civil procedural law is the Civil Code of the Russian Federation. It spells out the conditions of relations between all participants in society, public relations, conditions for the recognition / non-recognition of the legitimacy of certain actions of civilians. The Civil Code of the Russian Federation regulates the following areas:
- civil rights and how to protect them;
- recognition of legal capacity or incapacity;
- adoption, areas of guardianship and guardianship;
- legal entities - what is included in this concept, what is the peculiarity of their activity, conditions of registration;
- activities of commercial and non-profit organizations;
- transactions and their state registration; procedure for recognition / non-recognition of a transaction invalid;
- determination of the limitation period;
- performance of obligations and liability for violation of these obligations.
The Civil Code is used as a source for determining actions. It spells out which actions can be considered legal and which not. This has an impact on civil litigation, and, therefore, in civil procedure law too.
APK RF
The Arbitration Procedure Code of the Russian Federation represents the main source of norms and rules when conducting an arbitration court. It contains:
- rights and obligations of judges working in the arbitration court;
- paperwork processes;
- actions that process participants can take in court;
- the procedure for collecting and evaluating evidence presented in court;
- other nuances of the work of judges and other participants in the court session.
APC RF as a source of civil procedural law is used in a limited form, as it is the main source of arbitration law. However, it is used in civil cases. This means that it also regulates the field of civil relations, along with civil and civil procedure legislation. Therefore, it is also considered one of the sources of GLP, but its influence on it is limited. The agro-industrial complex is more likely to be a supplement than one of the main sources.
Judicial Status Act
Unlike the Civil Code of the Russian Federation, the articles of this law regulate not the relations between civilians, but the activity of judges. And it is also one of the types of sources of civil procedural law, since the question of the procedure and appointment of judges is also included in the range of issues considered in the GPP.
The Law “On the Status of Judges” spells out the rights and duties of judges, the procedure for their admission and assumption of office, the requirements for their qualifications, education and work experience.
The provisions of the Law “On the Status of Judges” largely determine the characteristics of civil procedure law that distinguish this discipline from others. So, the law spells out what a judge should do during a trial. Namely:
- prepare for the court session; prepare documents, check the evidence;
- establish the order of business and the schedule;
- to control the actions of the participants of the court so that order is observed in the hall;
- study the evidence presented by the parties and arguments;
- send all information, documents, protocols to higher authorities as a report on the work done.
All of the above actions, the procedure and methods for their implementation are studied in civil procedure law.
Local and federal laws
Local laws are not included in the system of sources of civil procedural law, in contrast to federal laws and decrees. In addition to the main sources of civil procedure listed in the article, they also use the Federal laws on the work of courts (arbitration, military) and the judicial system. These laws do not apply to any particular territory, but throughout the country.
The characteristics of the sources of civil procedure law are such that it uses only those documents, laws and legal acts that govern the conduct of civil litigation. They do not include the Criminal Code and the Code of Criminal Procedure, since criminal cases are not considered as an object of study in civil procedure law.
Use case as a source of GLP
The source of civil procedural law is also a precedent. It is used in the GPP in the same way as other laws and legal acts. It is used along with other sources: the Constitution of the Russian Federation, the Civil and Civil Procedure Codes.
A precedent is a judicial decision of the Supreme Court, which has the force and influence on decision-making by other courts. This is one of the principles legalized by the state, which allows the interpretation of laws in a certain way. This legal tool is used only on the condition that it is based on the experience of the most qualified lawyers - the Supreme Judges. Therefore, the study of precedents is part of the study of GLP.