The most common form of legal proceedings today is related to civil cases. This article will talk about the concept, subject and method of civil procedural law, which is closely related to justice in civil proceedings.
The concept of civil procedure
The process of civil cases is an integral element of civil procedural law (GPP). What is meant by GLP? In the field of jurisprudence, this is an independent legal industry, which is a set of certain norms. Each GPP norm is aimed at protecting disputed or violated civil interests and rights.
The civil process is understood as an educational discipline containing a number of theories, doctrines, teachings and prescriptions in the field of civil proceedings. In fact, the civil process is the activity of the court, the purpose of which is to protect a disputed or violated right.
The concept, subject, sources and methods of civil procedural law are closely related to the main tasks of the industry in question. They should be described further.
Main goals
Civil procedural law has two main tasks. The first is related to the timely and correct resolution of cases during civil proceedings. It is necessary to protect the rights and legitimate interests of individuals or legal entities, municipalities, constituent entities of the Russian Federation or Russia itself as a subject of legal relations.
The second task of the legal industry is to strengthen the rule of law and the rule of law, timely prevention of violations of the law, and the formation of a respectful attitude to Russian laws.
Over the past few years, the system of science, subject and methods of civil procedural law have substantially modernized. So, in the Code of Civil Procedure of the RSFSR, one of the tasks of the legal industry was the quick examination of cases. Today, the concept of speed is replaced by timeliness, which is more correct and effective.
Structure of law
The whole scientific system, subject and methods of civil procedural law form an integrated system, which is divided into two parts. The first part is called the general. It includes the basic, most important provisions that can be applied to all stages of production. The general system includes the concepts of jurisdiction, representation, jurisdiction and fundamental principles.
There is also the second part, called special. It includes the stages of the civil process and types of production. Both parts are regulated by the main legal source of the industry - the Code of Civil Procedure of the Russian Federation, which consists of 7 sections and 47 chapters. There are a total of 446 articles in the Code.
Sources of civil procedural law
The subject, method and system of the legal branch under consideration are determined by separate legal documents, which in this case are referred to as legal sources. What is included in the legal framework of the GPP? Firstly, this is the country's main law - the Constitution of the Russian Federation. The proceedings in the Constitution are devoted to the seventh chapter. Secondly, these are various international agreements. In the case of the civil process, it is necessary to highlight the Hague Convention of 1954 on the main issues of the civil process.
An important group of legal sources is federal legislation. Here it is necessary to single out the Federal Law "On the Judicial System", as well as the laws that characterize certain types of legal proceedings (Federal Law "On Military Courts", "On Arbitration Procedure", etc.).
Finally, the Civil Procedure Code is the most important legal act in this branch of law. It is in this document that the concept, subject, methods and system of civil procedural law are fixed.
On the principles of legal proceedings
What fundamental principles and ideas are the legal system under consideration based on? All the principles of GLP can be divided into two groups. The first group is called organizational. The main element here is the principle of legality. It means that civil type production is implemented on the basis of existing legislation. The activities of the courts cannot go beyond the limits strictly established by law.
The second principle is established by Article 108 of the Russian Constitution. This is the administration of justice only by the court. No industry other than the judiciary has the ability to administer justice.
The second group includes additional principles. This, for example, is a combination of collegiality and unity of command in the composition of the court. A simple example is a comparison of a justice of the peace and the broad composition of the Supreme Court. Depending on the rank, the courts may have a different composition.
It is also worth noting the principles of the independence of judges, the equality of all before the law, the principle of the state language, publicity and openness, competitiveness, equality, etc.
Civil procedural law: subject and methods
GPP subjects constantly interact with each other. The public relations arising in the course of such interaction will be the basis and subject of civil procedural law.
The method of legal regulation in the considered branch of law is a set of means, techniques and methods by which the state is able to regulate relations in society. The relations themselves, as already mentioned, are an industry subject and are related to legal proceedings.
Specialists in the field of jurisprudence distinguish two methods of legal regulation. These are dispositive (with free disposition) and imperative (with strict imperious character) methods. As in any other legal industry, the methods of GPP are combined. However, imperative principles prevail here, since the type of law itself is closely connected with judicial proceedings.
Action of law
The concept, subject and methods of civil procedural law are closely related to the functioning of the legal industry in time and space.
In time, the rules of the GPP are made during the period of the relevant procedural actions. For example, we can single out the execution of court orders. Moreover, the procedural law, which operates at any time, does not depend on the time frame.
In the space, the rules of the GPP are determined depending on the competence of the state body that issued the law necessary for application. The location of the court, which considers a separate case or implements procedural actions, plays a significant role here. All Russian courts must be guided by the Code of Civil Procedure of the Russian Federation. This means that the procedural rules operate throughout the country.
There is also a division of norms into a circle of persons. In this case, civil standards are mandatory for all citizens and organizations, without exception. Code of Civil Procedure of the Russian Federation also applies to foreigners and stateless persons who are in the territory of the Russian state.
Types of civil procedure
The subject and methods of civil procedural law form the main types of legal proceedings. In accordance with the Code of Civil Procedure of the Russian Federation, there are seven main types of production.
The first type is called the order. At this stage, there is no consideration of the case, and, accordingly, preparation for the trial. This type of production involves only a court order to recover property or a sum of money.
The second type is the lawsuit. This includes all stages of the process: filing a statement of claim, the use of protective equipment and the execution of proceedings. The third type is called special production. There are no legal disputes here. The purpose of such a production is to establish a special fact (adoption or adoption, recognition of incapacity, etc.).
Cases related to public relations are included in the fourth type of proceedings. Here, regulatory acts, decisions, acts of state bodies, etc. are disputed. It is through contestation that the protection of rights is realized. The fifth type of proceedings is related to the participation of foreign persons in the state registration procedure, and the sixth type - to the execution of decisions of arbitration courts. Arbitration courts are not included in the state system. These are private instances involved in resolving economic disputes, the decisions of which are binding. The last type of proceedings is related to the enforcement of court decisions.
Process stages
The defense or restoration of a right or legal interest in a court is carried out in several stages. Most jurisprudence experts identify the five main stages of the civil process.
The first stage is related to the initiation of legal proceedings. Here the issue of the beginning of the consideration of the case on the basis of the complaint is decided. In this case, the court must decide whether to accept the application or refuse to accept it. A refusal shall be made in the event of a document being drawn up incorrectly, in the absence of a subject of dispute, if the case is not subject to jurisdiction or the application has been drawn up by an incompetent person.
At the second stage, the case is being prepared for trial. The circumstances of the case are determined, the terms of appeal to the court are examined, etc. Consideration of the case in essence is the third stage. As a result, the court makes a reasoned decision.
The fourth stage involves a review of the decision in the cassation or appeal instance, but only if the decision has not entered into force. The revision of a decision that has entered into force relates to the fifth production stage. The same applies to the review of the case due to newly discovered circumstances.
Thus, the subject, method, sources and concept of civil procedural law are closely related to the main judicial stages. Moreover, the steps themselves are entirely dependent on the legal foundations of the legal industry.
Legal relationship
What is included in the concept of procedural legal relations in the civil branch of law? This is a relationship that arises between subjects of civil litigation, which are strictly regulated by the civil legislation of the Russian Federation. Legal relations arise at the time of filing a lawsuit. Within five days, the judge decides to accept the case or refuse to consider it.
There are three prerequisites for the occurrence of the legal relationship. The first premise is the norm of GLP. This is a generally binding formal requirement, determined by the subject, method and system of civil procedural law. The second premise is a legal fact. This is a specific action or inaction as a source of office work. The third important element is called legal capacity. This is a set of rights that a subject of state registration can dispose of. And what is known about the subject itself?
Subjects of law
In the considered type of legal proceedings, subjects in the person of the defendant and the plaintiff take part. Also involved in the case are third parties - prosecutors, judges, witnesses, interested citizens, jurors, investigators, and many others. All of them are subjects of office work, whose rights depend on the subject and methods of civil procedural law.
The industry system involves the participation of only competent entities. If the claim was filed by a minor or a person of limited legal capacity, the court has the right to refuse to consider the case.
Evidence system
As in any other branch of legal proceedings, the GPP assumes the existence of an extensive evidence system for the effective protection of their interests and rights. What is meant by evidence in the legal system in question? This is regulated by law activities of production entities aimed at studying the actual circumstances of the case by providing evidence.
In short, the subject and methods of civil procedural law imply the existence of five stages of proof. The first step is related to the indication of interested parties to evidence. The second stage involves the presentation and disclosure of elements of evidence. In the third and fourth stages, the collection and fixation of evidence takes place, and in the last stage - evaluation. Based on the results of the assessment, this or that case will be resolved.