Civil procedural law, like any other industry, has certain principles that all those who are parties to the process must follow. What principles of civil procedural law are known to modern practice? Let us consider them in more detail below.
General concept
If we talk about the principles of civil procedural law in general, it should be noted that they are all aimed at regulating the process of consideration of civil cases. Almost all of them are reflected in the content of the articles of the Constitution of the Russian Federation, as well as in the norms presented in the Code of Civil Procedure. As for the basic calling of the principles, it consists not only in determining the basic duties and rights of the parties to the process, but also in ensuring their implementation and compliance with the merits of the proceedings.
What are the principles of civil procedure law? First of all, it should be understood that they are fundamental principles or ideas that carry the expression of the basic norms of civil procedural law, as well as their essence. In addition, they contain the main directions of the policy pursued by the state in the field of regulation of public relations, which are directly related to the protection of violated legitimate interests of individuals, as well as their rights.
It should be noted that in the legal literature the concept of the principles of civil procedural law is considered in several aspects. First of all, they include the fundamental rules for organizing the activities of the judiciary, as well as the principles for organizing their work. Often, experts consider them as separate provisions of a particular legal industry or even as main ideas. In some sources, one can find an interpretation that says that principles are the main views on the tasks that are set before the court.
Value
Speaking about the concept and meaning of the principles of civil procedural law, it should be understood that they have significant legal significance. In particular, it consists in the fact that the principles under consideration directly affect law enforcement, as well as rule-making processes. This is, first of all, expressed in the fact that in the process of finalizing the current legislation, introducing certain changes, as well as creating new regulations, it is not possible to violate previously established principles of civil procedure and civil procedural law. The basic provisions of the principles contain the basic forms in which the courts of various instances conduct their activities, as well as all participants in the process who participate in the consideration of cases. In the event that they are suddenly violated, this leads to the fact that court decisions can be reviewed and changed.
The value of the principles of civil procedural law also lies in the fact that they directly affect the correct knowledge and use of legal norms by those persons who are parties to the process. In other words, the principles under consideration represent a kind of basis for real legislative practice, as well as improving existing standards.
If we consider the relationship of the principles of civil procedural law with society, it is easy to notice that they are actively improving along with the development of the state and its population in all spheres of life. Of great importance in this are the socio-economic and political transformations. Experts in the field of jurisprudence often note in their scientific works that, when developing, principles actively influence the protection of the legitimate interests and rights of participants in the process.
The interconnection of the principles of civil procedural law with those that are inherent in other branches can be clearly characterized by the fact that they can become an addition or annex to other principles. Experts also note that in some cases they can become an excellent guarantee for the implementation of other principles. In this case, the completeness of their compliance will completely depend on how consistently the remaining equally equivalent provisions prescribed by law for other branches of law have been followed.
Signs
In addition to the concept, meaning and classification of the principles of civil procedural law, the legal literature also reflects certain signs that distinguish them from the rest. First of all, it should be understood that all the principles under consideration have a common value that is applicable to all stages of the civil process, and they are also stable and sustainable at each of them. They define the main features that are characteristic of civil proceedings.
Specialists in the field of jurisprudence also determine that all the principles of the civil process contain certain ideas and views, which are their main components. In fact, such ideas are documented in the content of regulatory legal acts.
All the principles under consideration should be directly related to the civil process, they certainly reflect all its basic properties. In fact, one can often notice that certain legal provisions act as the principles under consideration.
System
All available principles are defined in a separate system. The principles of civil procedural law interact very closely with each other, and each of them has a high degree of independence. Specialists in the field of law often notice in their works that individually the most basic principles characterize a whole industry or a certain stage of civil proceedings. However, despite this, in reality they have the same tasks and goals that the legislator sets before them. Speaking about the concept and system of principles of civil procedural law, one must also pay attention to the fact that all of them, despite their independence, cannot exist without each other and always act exclusively in combination.
Each principle that operates in the modern legal system is based on basic, standard ideas that are characteristic of all branches of law. In particular, these include the rule of law and democracy, as well as humanity.
Like the concepts of the principles of civil procedural law, their classification is also presented in modern legal literature. It is made on the basis of certain factors. Let us further consider what types of classification of the object in question are available in this legal system.
According to the form of consolidation
Specialists in the field of law devote special attention to dividing the principles under consideration, depending on what form of regulatory consolidation they have. Depending on this, they are divided into constitutional, as well as those contained in laws on legal proceedings, which operate within the Russian Federation at the moment.
The constitutional principles of civil procedural law include, first of all, concepts regarding the legality and equality of all subjects of the trial before the law, regardless of any factors or circumstances. The modern Constitution enshrines the concept of independence of judges, as well as the fact that any proceedings regarding the restoration of violated interests and rights should be carried out exclusively in court. Among the constitutional principles, the legislator also refers to the fact that any trial should be public, unless the subject matter being investigated requires otherwise.
The laws on the judicial system speak of the principle of sole or collegial consideration of cases. In addition, the legislator also provides for the possibility of trial in the presence of jurors. They also present principles regarding the territoriality of the judicial system and the separation of its components depending on the specific specialization.
By role
Depending on what exactly the role in the regulation of the legal status of the subjects in the process of considering the case in essence, the principles play, they are divided into two groups. The first includes all those ideas that determine the legal activity that the courts must carry out, as well as the bodies that are entrusted with the enforcement of court decisions. As for the second group, it contains only the principles of legal regulation of the activities of those persons who are participants in the process of the case.
Subject of regulation
Another important version of the classification of the principles of civil procedural law is depending on which subject they regulate. According to this criterion, they are divided into four groups. The first includes all those principles that determine the organization of the justice system, which consists not only of a judicial system, but also of legal proceedings. The other group includes all those principles that are designed to determine the content of procedural activity. These include, first of all, such concepts as objective truth and dispositiveness.
The functional principles of civil procedural law are also assigned to a separate group of the category in question. These include all those ideas that govern the activities of all parties to the trial in the process of its commission.
As for the fourth group of principles related to this criterion, it includes all those that provide a certain form in which certain actions must be performed that are necessary for the conduct of the proceedings. These include, first of all, continuity and orality.
By importance
Speaking of classification, one should also mention one more indicator, which determines the fourth group of principles of civil procedural law. So, depending on the significance, the legal principles considered in the article can be divided into constructive and fundamental. If we give a more accurate description of each of the subgroups given, it is necessary to determine that the fundamental ones include only those that are fundamental for holding a civil case hearing. In particular, the list of those may include equality of the parties, transparency, legality, dispositiveness, etc. As for constructive ones, all other principles (continuity, oralness, etc.) will be assigned to their number.
By content and form of distribution
And finally, the last, fifth criterion, according to which modern legal experts distinguish all the principles that operate in the civil process. Depending on this factor, they can be divided into general legal, interindustry and industry. As for the content of these subgroups, if we talk about general legal principles, these include all those that are characteristic not only of the civil process, but also of the rest of the systems of national legislation (administrative, criminal, labor, family, etc.).
Speaking of cross-industry principles, it should be understood that they can be fixed in at least two branches of law, but not in all. As a rule, these industries are interconnected. Vivid examples of such can be economic-procedural, criminal-procedural, as well as civil-procedural law, the principles of which are considered in this article.
If we talk separately about industry principles, then under those should be understood only those that are characteristic solely of civil procedure law.
Basic principles
Having considered the complete classification of all those principles on which the conduct of the civil process is based, it is necessary to determine what basic ideas are enshrined in the aforementioned legislation and how they are characterized.
The main principles representing the main ideas of civil procedural law, first of all, is the rule of law. It means only that all actions that are carried out by the parties to the process should be carried out solely on the basis of legal requirements, as well as regulatory acts.
The principle of equality determines that all parties that are participants in the process are equal before the law in their rights and responsibilities, regardless of any factors: gender, racial or religious affiliation, political views, etc.
Speaking about the principle of competition, which is also characteristic of civil procedure law, it should be understood that any process regarding the consideration of a case on the merits should take into account the equal rights of both parties that participate in it (plaintiff and defendant). The burden of proof in this type of proceedings lies equally on both sides, which is also fully consistent with the principle of competition.
The principle of disparity is that any participant in the process has the ability to dispose of the rights granted to him by law exclusively at his own discretion. In some sources, this idea is called the "cornerstone principle." It should also be noted that this principle can be applied exclusively to legal entities or individuals, it does not apply to state bodies in any way.
The principle of immediacy provides for the need to study the case materials submitted to the judge for consideration exclusively in the courtroom and in the presence of the parties themselves. In accordance with this principle, the judge is obliged to listen and thoroughly consider all the evidence provided to him and only after that make a rational conclusion and make a lawful decision.
Speaking about the principle of combining written language and orality, it is necessary to understand that in the process of conducting the proceedings all parties are obliged to give explanations on the merits of the issue under consideration. Moreover, they can give such explanations both orally and in writing. Thus, they can express their intentions, put forward certain requirements. In the event that the parties express themselves verbally, all the information provided by them must be recorded in the minutes of the meeting, which is managed by the secretary.
The principle of publicity is recognized by lawyers as one of the most important. It consists in the fact that adults have the right to attend any court session. However, in some cases, the legislator allows for non-compliance. In particular, this applies to cases where the interests of minors are discussed, if there are objects in the materials of the review or information constituting a state secret is disclosed, as well as when questions regarding adoption are considered during the meeting.