In Art. 160 of the Civil Procedure Code of the Russian Federation states that the examination of the case on the merits should begin after the opening of the process, with a report. The presiding officer reads it. Article 156, part 2 of the Code of Civil Procedure of the Russian Federation explains what position this board member occupies. He, as a competent official, at the beginning of the proceedings, announces the pending civil case, its opening. The chairman will lead the court session, explain the composition of the trial, and point out the rules of challenge.
General Provisions
During the trial, and this is the main obligatory stage in the process, the case is examined on the merits as an integral part of it.
The purpose of the legal procedure is the correct and timely consideration of the stated issue in order to reach a legitimate, reasonable court verdict. Article 154, chapter 15 of the Code of Civil Procedure of the Russian Federation provides clear regulation regarding the conduct of this stage.
What problem is solved by the investigation?
The trial fully reveals the effect of the principles of justice:
- competitiveness;
- dispositiveness;
- immediacy.
During this period, the main problem is solved in the consideration of the case on the merits in order to make the right decision.
The process at this stage includes individual:
- specific goals;
- subjective components;
- objects and content.
The main participant in achieving the goal is the first court in the person of a justice of the peace. He considers and resolves the conflict between the persons involved in the case.
During the proceedings, the following statement is taken into account:
- witnesses;
- experts;
- specialists.
When considering a problem, the judge:
- ascertains the details of the claims and objections between the parties;
- explores the evidence base;
- establishes facts in the circumstances of the case;
- explains to participants their rights and obligations.
The decision completes the process of the examination of the merits of the case, it must be justified on the basis of legislative provisions that serve as protected evidence for the interests of citizens of any status.
The main stages of the procedural order
Each investigation consists of components, the legal action cannot consist of one stage, it must include:
- reasonable start;
- interim activities;
- ending.
In the order of:
- a specific task is posed and solved;
- content is being developed;
- a specific location is established during the process;
- the truth is clarified from the answers to the questions posed.
The following course of events has been established in legal proceedings:
- start the investigation with the preparatory part;
- proceed to the examination of the merits;
- hear the judicial debate;
- announce the verdict adopted by the judge.
All actions are clearly regulated, where the next procedure successively replaces the previous one. They are simultaneously endowed with separate independence and are interconnected. As a result, one united stage is created, which is part of the civil process.
The second item in the main sequence
The consideration of a civil case is essentially the second and, in fact, the main part of the investigation. At the same time, it is divided into certain fragments of procedural actions. Each is performed in the following order:
- the report is read;
- listen to the explanation;
- establish principles for the study of evidence;
- interrogate witnesses;
- examine material evidence;
- finish the process.
The court gradually proceeds to the points of investigation to find out all the details of the dispute.
The first step at the beginning of the proceedings
Consideration of the case on the merits in the civil process begins with a hearing of the materials. The chairman of the court reports if he is a collegiate or judge. The official and the head of the court session must find out:
- whether the plaintiff has changed his claims;
- How does the defendant relate to claims;
- conducting methods for concluding amicable agreements or alternative dispute settlement with the involvement of an impartial mediator.
During the trial, at the initial stage, the plaintiff has the right to abandon his claims because of the satisfaction of all his requirements.
Ways to Withdraw from the Claim
Above was determined the procedure for considering the merits. The process provides for the defendant's right to recognize the claim and fulfill the requirements set for it. The parties may be reconciled by agreeing on all points. The minutes of the meeting record the appeals of participants with oral statements or the submission of written petitions that are attached to the case.
The judge explains to the defendants, according to the Code of Civil Procedure of the Russian Federation and its article No. 221, the onset of consequences due to the refusal of lawsuits, peace agreements. When the judge accepts the changes that have occurred in the intentions of the participants, the proceedings are terminated with the announcement of the relevant determination.
If the defendant acknowledges the claim, the court shall record that the stated requirements are satisfied. If a judge finds in such circumstances a violation of someone’s legitimate interests, he will refuse to accept the confessions listed, as a result, the merits of the case will continue to be considered in court.
What do the parties say?
The court must hear the explanations of each of the parties. At the same time, persons involved can attract third parties interested in a successful outcome. The court invites other participants, where the first representatives are:
- prosecutors;
- government agencies;
- local authorities;
- organizations;
- citizens who applied for legal protection.
During the hearing, process participants can ask questions and receive explanations. If there are absent persons for good reasons, they will receive written answers to the questions posed, which the presiding judge shall announce in court.
How are interrogations conducted?
Witness testimony is of great importance in any judicial procedure, regardless of whether the criminal case is being examined on the merits or civil proceedings.
To conduct an interrogation, they establish the authenticity of the person according to the presented passport, the judge is obliged to voice information about the rights and obligations, to warn about responsibility for a lie, and the witness to sign a paper that he is familiar with the provisions. Only minors are not responsible for the inaccuracy of the data transmitted by them.
Testimonies are received separately, all information is recorded in the manner provided for in this department. When voluntary communications end, questions begin in the order established by law. The first is the person on whose initiative the citizen was called.
What are statements for?
The petition for consideration of the case on the merits may be filed by each of the persons involved. This civil law should be enjoyed. It should be remembered that the judge is a participant in the procedure, he is neutral about the positive result. He acts when necessary by law.
The court is not obliged to tell the defendants what to do to improve the situation. An active initiative should come from interested parties. A tool to appeal to the court is the submitted applications. For any reason that could affect the investigation or find out the details, petitions are written:
- to appoint an examination;
- include or remove evidence;
- request a document;
- find out the procedural terms;
- summon citizens for questioning as witnesses;
- clarify the requirements.
They submit applications during preliminary meetings so that there is no refusal to include them at other stages of the investigation, which the judge has the right to do if there is no justified reason.
What do written and material evidence give?
The collection of evidence is carried out in order to announce at the meeting confirmation of undeniable facts. In the Code of Civil Procedure of the Russian Federation, article 151 states that the protocols drawn up for inspecting incidents and evidence taken must be announced by the judge.
If subjects have been investigated, such evidence will become material evidence. These details are passed on to the judge by witnesses, experts or participants. When it is not possible to bring such elements to the courtroom, they are bulky or shabby, they are examined on the spot. The result is entered into the minutes and the procedure for consideration in court is announced. In case of objections of the participants regarding the reliability of the facts, an expert examination is appointed. It is conducted by professional experts with a license, they issue a written opinion on the results of research.
What are the deadlines for considering cases?
Arbitration courts are held in buildings owned by this department. Meetings are held collegially or individually, as notified of the case in the notice, indicate the address and time. For consideration of the issue in the first instance, according to the APC of the Russian Federation and Article 152, a period of up to 3 months is determined. The countdown starts from the moment the application is submitted; during this period all stages of the process are included.
The judge may extend the term up to six months if he justifies the change in time limits by the complexity of the procedure and the large number of participants. The investigation time may be reduced in such cases:
- the actions of the bailiffs are disputed;
- decisions made by administrative authorities are considered;
- established violations of legal proceedings.
The term of the proceedings will be completed after the announcement of the verdict.
Examination of the criminal case
A registered indictment or information accepted by a court is considered the first stage in criminal proceedings. The creation of such a document is the basis for determining the items and terms in the procedural actions for the trial court.
The trial takes place on the following points:
- The judge announces the pending case, calls the name of the person who is in the dock, is charged.
- The secretary makes a report on the appearance of persons in the courtroom.
- Witnesses are removed from the hearing.
- Confirm the facts about the identity of the defendant and the provision of charges.
- Names of judges of all participants are called.
- The right to challenge is granted.
- Announce the rights of persons involved in the process.
- Request petitions from all sides.
- Decide on the beginning of the meeting without persons absent from it.
The judicial investigation is carried out in the following order:
- The prosecutor reads the charge.
- Find out if the accused understood the essence.
- The sequence for the presentation of evidence between the prosecutor and counsel is determined.
- Interrogate the defendant.
- They are called to testify, witnesses, experts.
- Read all the collected materials on the case.
The examination of the case on the merits ends if the prosecutor and lawyer do not declare the need for an additional investigation. The defendant is given the last word after replicas from the prosecution and defense. Having heard the accused, the judge goes to the meeting room to form and pronounce the verdict. On appeal of a decision made by the court is granted 10 days.