In the modern world, law is the main regulator of public relations. In other words, the legal aspect is present in almost any area of human life. A large number of examples can be found. However, far from always the law had a modern look. Initially, jurisprudence did not exist on the pages of laws and bulky codes, but in the minds of people. In fact, ancient law is a set of generally accepted rules that were binding on a particular community. Of course, there are more serious forms of category expression. An example is the Roman code of laws of the XII tables or the rules of Hammurabi.
Over time, law has evolved more and more. To date, the category is divided into entire legal families and industries, each of which has its own scope. The law is of great importance for the procedural activities of the courts. Initially, jurisprudence was born precisely in these instances, given the large number of different procedural forms in Roman private law.
Judicial activity in the modern Russian Federation is also divided into several types, one of which is the civil process. In this area, there are many interesting issues that are universally addressed by scientists. One of them is the issue of the jurisdiction of civil cases. The GPK largely explains the features of the institute, but it has its own specific features, which will be discussed later in the article.
What is a civil process?
Before considering the GIC jurisdiction, it is necessary to analyze the scope in which this issue exists. Thus, the civil process is the activity of the court and other persons who participate in the consideration of the case, regulated by the norms of the current legislation. In other words, a SOE is a set of rules that coordinate relations between parties to a dispute. The civil process is implemented in the courts of general jurisdiction.
It should be noted that many scholars today put forward various theories about the origin of this type of legal industry. According to the general theory, the civil process is an additional element of civil law. This view has a large number of supporting facts. For example, the principles of civil law are mostly applicable to the process industry.
Initial provisions of civil law proceedings
The principles of the civil process are the basic points of the entire industry, on the basis of which its main institutions are built, as well as the mechanism for applying the norms. Therefore, it is necessary to consider the main elements, since they help to understand in more detail the features of the legal proceedings of the mentioned type. To date, the following principles of the civil process are distinguished:
- independence of judges;
- the rule of law and the rule of law;
- dispositiveness and competitiveness of the parties;
- the need for oral proceedings;
- the possibility of applying an analogy of law or law, etc.
The presented list of key provisions is not exhaustive. Scientists periodically identify new principles, which allows us to expand our understanding of the civil procedure industry. However, in this article we will not consider the entire civil process and its main points, but only one of the most important institutions, which is called jurisdiction. It is important not only for the industry, but also for the practical activities of the court and the parties to a particular proceeding.
GIC Art. “Jurisdiction” is the concept of an institution
There are many scientific views on what constitutes jurisdiction. Code of Civil Procedure of the Russian Federation is the main source that helps highlight the classic concept and signs of the category. Therefore, when considering jurisdiction, it is necessary to build on the provisions of this particular regulatory act.
According to the Code of Civil Procedure, jurisdiction is the fact of the distribution of various cases between the courts of first instance. In simple terms, a category determines in which particular court a particular issue should be considered. Jurisdiction is a complex legal phenomenon that includes several interrelated elements.
Category Components
Many specific aspects must be taken into account when considering the term “jurisdiction”. Code of Civil Procedure of the Russian Federation, more precisely, the provisions of this normative act, make it possible to distinguish two main components of the category presented in the article. Jurisdiction includes the following elements:
- competence, that is, the power of a particular court makes a decision on the outcome of a particular case;
- the obligation of specific persons, parties to the case, not to impede the execution of the decision and to fully submit to it.
That is, the jurisdiction described in the Code of Civil Procedure is not just a fact of the distribution of materials between different courts of first instance, but a complex legal relationship that affects the interests of the parties.
Principles on which the category is based
Most institutions of any legal industry are based on any legal provisions. If we take into account the jurisdiction mentioned in the Code of Civil Procedure, then it exists both at the expense of general legal and targeted principles, that is, institutional. There are five basic provisions in the scope of this category:
- Courts should not accept cases that fall within the competence of other instances.
- Any decisions that were made with neglect of the rules of jurisdiction will be deemed invalid.
- The parties to a particular case have the right to demand its consideration only at the competent authority.
- All aspects of jurisdiction are determined by the time the petition is submitted. Any further changes to the case will not affect the institution.
- As a rule, jurisdiction is a purely territorial phenomenon, although there are some specific aspects.
Given all of the above, it can be concluded that the presented category is of great importance for civil proceedings since the start of the proceedings.
Basic rules of jurisdiction of the Civil Procedure Code
The choice of the court in resolving any dispute or other case is based on a number of significant rules. All of them are provided for by the provisions of the current Civil Code of the Russian Federation. As a rule, the main factor determining the instance is the nature and circumstances of the case. Jurisdiction in this case is analyzed directly in court, regardless of the preferences or interests of the parties. As a rule, most civil cases are heard in the courts of general jurisdiction, which are referred to the first instance. There are also other rules for determining an authorized institution. According to them, the following types of jurisdiction are distinguished:
- territorial;
- elective;
- exceptional.
Each species has its own unique aspects, the consideration of which will allow to study the jurisdiction as a whole as fully as possible.
Territorial view of the institute
There are different points presented in the article by the institute (according to the Code of Civil Procedure of the Russian Federation). Jurisdiction of cases on a territorial basis is the most common. In this case, the choice of instance is made by the plaintiff upon application. The territorial principle is that a lawsuit is filed with the institution under whose jurisdiction is the place of residence of the defendant. In the event that the second party to the case is a legal entity, then the authority is determined by its direct location. At first glance, the definition of jurisdiction in this perspective is very simple. However, when filing an application, the plaintiff may have difficulty in determining the location of the defendant.
In this case, determining the territorial location of an individual is not difficult, especially if it is the defendant in the case. But finding out the location of an institution, that is, a legal entity, often causes difficulties. In this case, the presented parameter can be determined using the tax office. Databases on the whereabouts of legal entities are today open for public access.
Elected Jurisdiction
The classic version of determining the place of consideration of a case occupies a key position in the Code of Civil Procedure. Jurisdiction of the choice of the plaintiff, in turn, also occurs quite often, however, for the application of this type of institution certain points must exist. The applicant may independently determine the authorized institution in cases concerning:
- recovery of alimony from the defendant;
- establishing paternity;
- divorce between persons of marriage when they have a common minor child;
- consumer protection;
- compensation for harm to health.
Thus, only in the cases presented, the plaintiff has the right to choose the place of application. In any other situations, this type of jurisdiction will not work.
Exceptional view
There are a number of special situations in which a court ruling is quite specific. All such points are defined in the Code of Civil Procedure of the Russian Federation. The jurisdiction of civil cases of an exceptional nature is applied in those cases when the requirements for the institute are strictly enshrined in legislative acts. Changing the provisions of a category in any way will be impossible. The following cases belong to exclusive jurisdiction:
- any kind of requirements in which the main object is real estate (an application is filed at the location of the thing);
- claims of creditors of the person who received the inheritance (the case is considered at the place of opening of the inheritance);
- any kind of situation arising from relations during the transportation (transportation) of goods.
The presented moments are quite common recently, as the number of disputes about real estate and transported goods has increased. These types of jurisdiction are the main today. However, in the theory of civil process there is another type.
Contractual jurisdiction
Code of Civil Procedure of the Russian Federation, Art. “Jurisdiction” allows the conclusion of an agreement between the parties that regulates the choice of a particular institution where a particular dispute will be considered. But such an agreement must be mutual and have a written expression. At the same time, contractual jurisdiction is far from always real. For example, an agreement cannot change the procedure for determining the authority in exceptional circumstances that were presented earlier. In addition, contractual jurisdiction cannot be applied in disputes, the consideration of which is carried out by the Supreme Court of the Russian Federation.
Errors in applying terms
Quite often, people confuse such concepts as jurisdiction and jurisdiction of cases. Code of Civil Procedure of the Russian Federation delimits in detail the aspects of both terms. Of course, the opinion of their adjacency is deeply erroneous. The jurisdiction of cases is, as we have found, the distribution of disputes between authorities.
With regard to jurisdiction, this parameter determines the possibility of considering a specific situation in civil proceedings. Thus, both terms are alike, but their meaning is completely opposite.
Conclusion
Thus, in the article we examined such a specific civil law institution as jurisdiction. The article of the Code of Civil Procedure governing its application contains an exhaustive number of statements on the forms and features of the category. Nevertheless, the mechanism for the application of jurisdiction in the civil process still requires some improvements.