In life, various situations may arise in which a legal entity or a citizen may be faced with the need to protect their rights. An interested person may institute proceedings against those who dispute or violate his rights. Thus, a specific civil process is formed in a particular case. The court takes part in it, which is obliged to resolve the conflict, the plaintiff (the person who asserts his rights), the defendant (the person brought to justice). Other interested parties, experts, witnesses, translators, etc. also participate in the review procedure.
The definition considered above characterizes the civil process in its narrow sense. Its specificity is due to the presence of the court, its time is limited by the real scope. At the same time, the participants are individual, and the legal relationship between them is regulated by legal rules applicable to a particular situation.
Along with this, there is a broader definition. The civil process in this sense is regarded as a social phenomenon. It is associated with the need for society to ensure the protection of civil rights. The guarantor of judicial protection is the country's Constitution.
The principles of the civil process are enshrined in law.
The provision of judicial protection is carried out in accordance with a specific procedure. In the Constitution of the Russian Federation, this procedure is defined as administrative, civil, criminal and constitutional proceedings. The concepts of “legal proceedings” and “civil procedure” are identical. Both that, and another concept represents first of all an order of consideration and resolution of cases. It is established by the rules and regulations enshrined in civil procedural law. At the same time, legal proceedings should be considered as part of justice. It, in turn, is defined as the activity of the judiciary, which represents the resolution of specific issues, as well as the application of state coercion to certain persons in accordance with the norms of the law. In this sense, the civil process should be called a set of procedural actions and legal relations that are formed in their course and are related to the administration of justice. These actions are performed by the court (the body administering justice), as well as by the entities involved in the consideration of the case.
Thus, legal proceedings can be defined as the procedure for performing the relevant actions, as the rules established by law.
A lawsuit is filed in a civil proceeding in order to, in fact, initiate legal proceedings. This action entails a number of other procedures.
A judge may accept the case for consideration or refuse to initiate it if there are legal grounds for this. On the basis of legal norms, the persons participating in the case, as well as the court, have ample opportunities to carry out procedural actions.
Requesting documents, seizing the property of the defendant, filing a complaint regarding the court ruling, challenging, ordering an examination, making a ruling - these and other components make up the proceedings.
Procedural actions themselves have some features. So, the law determines their content, provides for the possibility of their non-fulfillment or commission. The implementation of measures in the framework of legal proceedings is usually subordinate to a certain sequence or proceeds from the logic in accordance with which the process in a particular case develops. The formation of legal consequences is the real result of the committed action. So, filing a lawsuit means including the plaintiff, defendant or third parties in the consideration of the case and acquiring the rights corresponding to the legislation in the framework of legal proceedings.