The determination of the court of first instance in civil proceedings and its types

Features of disputed legal relations determine the specifics of the consideration of cases of certain categories. Civil proceedings involve a special conflict resolution procedure. Depending on the nature and characteristics of legitimate interests and rights, special rules are formulated for initiating, considering and deciding on individual groups of disputes.

Differentiation criteria

Types of legal proceedings are divided by:

1. The specifics of material relations. It determines the procedural features of the proceedings and the resolution of cases of certain categories.
2. The indisputability of the subject.

In accordance with this Code of Civil Procedure defines 3 types of proceedings:

1. Claim . It is regulated by a friend. 2, sect. 2, ch. 14-24.
2. Special lawsuit. It is regulated by sub. 3, sect. 2, ch. 25-29.
3. Special production. It is regulated by a friend. 4, sect. 2, ch. 30-39.

Characteristic

The lawsuit is a consideration of cases by the court of first instance. The proceedings are conducted in accordance with the general rules. This category of cases has a special feature. They contain a dispute about the law, which may come from a violation, contestation or threat of infringement of interest in the coming time, the uncertainty of interactions between entities. Such conflicts arise from the relations provided for in article 24 of the Code of Civil Procedure (Part 2). The subjects of special lawsuit are:

1. A government agency or an official who is in the civil service - on the one hand.
2. Legal entity or citizen - on the other hand.

In a special non-judicial proceeding, cases are considered in which there is no dispute about law.

Additionally

Chapter 13 of the Code of Civil Procedure determines the rules for the proceedings and resolution of cases in the framework of enforcement proceedings. It involves the issuance of an order on an indisputable demand. In this case, the claimant and the debtor shall not be called to meetings and shall not be heard. The legislation establishes a list of requirements that are allowed in this order.

The determination of the court of first instance in the civil process: concept

As part of the proceedings, issues may arise whose solution should be drawn up in accordance with the rules of the Civil Procedure Code. The ruling of a court of first instance in a civil proceeding is a ruling that is issued in the course of the proceedings and does not resolve the merits. Such acts express the administrative activities of an official. As a general rule, a court of first instance ruling in a civil proceeding is made in the deliberation room. The decision consists of an introductory part, descriptive, motivational and final. The main difference from the decisions is that this act does not complete the civil process that has begun .

The determination of the trial court: types

Decisions are classified according to various criteria:

1. Content.
2. To subjects.
3. Form.
4. Dispute method.
5. The order of making.

Content

Depending on this criterion, the determination of the court of first instance in a civil proceeding may be:

1. Preparatory.
2. Slicing.
3. The final one.
4. On the execution of decisions.
5. Private.

Preparatory acts

They solve issues that contribute to the normal movement or development of the case. These include decisions on the preparation of materials for proceedings, the involvement of interested parties in hearings, the appointment of an examination, etc. Any such determination of a court of first instance in a civil proceeding is aimed at creating the necessary conditions for protecting interests and rights already at the first meeting.

Restraining and final rulings

The former impede further movement or initiation of proceedings. They, in particular, are decisions to return the application, to leave it without consideration, to terminate the proceedings due to the plaintiff’s lack of the right to file the application. By the will of the parties, a final ruling of the trial court in a civil proceeding may be issued . An example of a case of such an act is the execution of a peace agreement. The final decision is adopted in the event the applicant refuses the claim.

Private acts

These definitions are a means of a judge's response to violations of the law that were committed by citizens or officials, significant shortcomings in the activities of organizations, institutions, enterprises and their associations identified in the proceedings. Such decisions are made on the basis of established circumstances simultaneously with the decision, but in a separate document. The initiator of registration is the court. In such an act, specific violations are indicated with the requirement to eliminate them. Obligated persons must within a month inform them of the fulfillment of the requirements contained in the private ruling of the trial court. In civil proceedings, appeals of such acts are not allowed. A prosecutor may submit a protest to a private order.

Subject differentiation

On this basis, the definitions are distinguished:

1. Collegial.
2. Sole.

The current legislation provides for two options for proceedings. Disputes may be considered by one official or several. Sole and collegial decisions may be made before the decision comes into force.

The form

This is another distinguishing feature that the ruling of the trial court has in the civil procedure. The types of definition vary depending on the design method. In particular, the act may be a separate document or its contents may be recorded in the protocol. The last option is used if you need to resolve a simple question. It is recorded in the protocol. It also indicates the motives on which certain conclusions were drawn, as well as, in fact, the very definition of the court of first instance in the civil process. A sample hotel document is filled in accordance with the requirements of the Civil Procedure Code.

Design specifics

Consider the general rules in accordance with which a separate ruling of the trial court in a civil proceeding is drawn up . The sample document contains an introductory part. It indicates:

1. The name of the court and its composition.
2. The name of the case.
3. Time.
4. The issue on which the decision is made.

The narrative sets out the essence of the problem, the views and arguments of the participants in the meeting. The court also expresses its findings. Moreover, he must motivate his opinion. The operative part directly addresses the issue. It also indicates the period and procedure (if the procedure is provided for by law), according to which it is possible to challenge the ruling of the court of first instance in a civil proceeding. The form must be signed by the official who issued the decision, and also certified by the seal.

Execution of the decision

The moment at which the ruling of the court of first instance in a civil proceeding enters into force depends on the category of the act. For some orders, it coincides with the date set for the decision. Other acts shall enter into force separately. The first include those that impede the subsequent movement of the case, as well as those that are appealed privately. Other decisions are executed in the same way as the decision in the case. Definitions that satisfy applications for revising the final act, including due to newly discovered circumstances, immediately enter into force.

Nuances

The consequences of the entry into force of definitions and decisions differ from each other. Preparatory orders are not exclusive. In this they differ from the final acts. The vast majority of definitions have the property of binding. Moreover, those acts that are disputed separately from the decisions are endowed with incontrovertibility in addition. Meanwhile, all definitions do not have prejudice. This is due to the fact that all conclusions that are present in them are not regarded as final. They can be adjusted during the trial without canceling a previous act. Entering into force, the definition is endowed with the property of enforceability. However, some of them are implemented immediately. For example, these are decisions on holding a closed meeting, on securing a claim.

Correspondence production

It is a trial that is conducted with the consent of the plaintiff in the absence of the defendant, who did not appear after a proper notice of the place and time of the hearing, and at the same time did not report that he had good reasons for this. Under article 260 of the Code of Civil Procedure, the meeting is organized according to general rules. At the hearing, evidence that is presented by the parties to the dispute is examined, their argument is taken into account, and a decision is made. It is called in absentia. A copy is sent to the defendant, and in cases specified by law - to the plaintiff within three days.

Challenging

The defendant may appeal the decision in absentia in one of two ways. The first option involves sending a statement to the body that issued the act within 5 days. The second way is to draw up an appeal to a higher court. In the latter case, the defendant will have 15 days. In a statement, the subject indicates:

1. The name of the authority that made the decision.
2. Information about yourself.
3. The list of circumstances that indicate the validity of the reasons for the absence of the defendant at the hearing. These facts must be supported by documents. The defendant may also provide a list of circumstances that may affect the course of the case, as well as their evidence.
4. The request.
5. List applications.

Under Article 267 of the Code of Civil Procedure, the application is considered within 10 days from the date of receipt. After the end of this period, the court makes a determination. In it, he decides to leave the person’s request unsatisfied or cancel the decision and send the case for review.

Requirements

When making any court order, regulatory requirements must be followed. Among the general requirements should be noted:

1. Legality. It involves the adoption of a decision in strict accordance with the norms of substantive and procedural law applicable to a particular case.
2. Validity. It involves an explanation of the motives that guided the court in making the decision. This means that the act must contain all the circumstances relevant to the case, evidence of the validity of the conclusions on them.
   

In addition, there are special requirements for decisions. They are:

1. Completeness. It means that the act gives answers to all the questions posed, resolves all the problems that arose.
2. Certainty. It implies the accuracy of answers that exclude a double interpretation of the conclusions.
3. Unconditioned. It means that the execution of a court order does not depend on any conditions.

It is worth saying that these principles are used in systems of different countries. For example, any decision or ruling of the court of first instance in the civil procedure of the Republic of Belarus, Kazakhstan, etc., meets these requirements.

Conclusion

A court ruling is thus an act that resolves issues that arise in the course of proceedings. This decision does not resolve the merits, but in a number of situations it may suspend or complete the proceedings. In any case, the definition is an important procedural document. In this regard, it must comply with the requirements of the Code of Civil Procedure. This means that an act must be made, as a general rule, in the deliberation room. If the issue that is decided by the definition is not complicated, the adoption of the determination is carried out in the course of the meeting. In this case, a separate document is not executed, and all relevant information on the issue is recorded in the protocol. A complaint may be filed against court rulings, including those aimed at supplementing or updating a decision. The exception is private regulations.