Everyone has a certain range of rights and obligations. These powers determine its legal regime. They play a significant role. After all, it is on the basis of competencies that social relations of one nature or another are regulated. To date, the legal sector has penetrated into all spheres of society. He coordinates almost any form of human interaction. Moreover, legal relations can arise from various legal facts. The latter are legitimate and unlawful.
Violation of human rights, in turn, can lead to the beginning of a certain procedural activity, the purpose of which is to resume the legal regime of a person. Moreover, violations can have a completely different nature, which will determine their belonging to a specific industry regulation. Procedural activities, as well as other types of work of the company, are regulated by law. A great example is the civil process. This is a multifaceted type of interaction between society and the branch of the judiciary. It has a large number of features that distinguish it from other types of procedural activities that exist today in the Russian Federation.
What is a civil process?
Jurisprudence is a whole array of knowledge, theories and official norms that govern certain areas of human life. However, there is a procedural side to this phenomenon. This suggests that jurisprudence is not only a system of any rules, but also a full-fledged human activity. A great example that explains the essence of this concept is the civil process. This, according to the norms of the current legislation of Russia, regulated activities of the judiciary, as well as those involved in the consideration of the case, which is directly related to the resolution of issues arising in the field of civil law. The process industry also coordinates the work of special bodies responsible for the execution of acts issued by the court. The civil process has its own subject and principles of activity, as well as some specific, inherent only to him features.
Regulatory branch of law
Any interaction between a person and authorities is coordinated by law. The civil process is a regulated activity. Therefore, there is a separate legal industry. Civil procedural law contains rules that are responsible for the actual implementation of legal proceedings. If this industry did not exist, then the activities mentioned in the article would also not be carried out. Thus, it is necessary to understand that the terms “civil law” and “civil process” are close concepts. But the first characterizes the field of legal regulation, and the second - the specific activities of individual entities, as already mentioned above.
Civil law and process
In the days of Ancient Rome, civil law was a single whole. That is, there was no division of the right into the material and procedural component. Similar can be seen today. For example, in common law countries, there is no civilian industry. For the most part, it appears at the time of the proof and disputes of the parties about any legal facts. A completely different situation in the states of the pandectic system, which is the Russian Federation. In them, the division of rights into material and procedural components occurs quite clearly. At the same time, the civil industry is an example of a material component. Its norms enshrine the duties and capabilities of citizens, the scope of legal liability and much more. The civil process in this case is not regulated by the material industry. But he, in fact, actually arises from it. After all, procedural activity in most cases is aimed at protecting or restoring civil powers. Therefore, these industries, although related, but in general are completely independent areas.
Object and subject of civil procedure
In the study of a particular area of regulation of social relations, it is necessary, first of all, to single out its main theoretical foundations. Because any branch of substantive or procedural law has its own subject and object. These simple foundations are really important, as they can be used to determine the legal nature and feasibility of a particular legal industry.
The subject of civil proceedings is the direct activity of the judicial authorities and the subjects of the case: the plaintiff, defendant, witness, third parties, etc. In addition, the activities of the executive departments are also affected to some extent, since it is regulated to a certain extent by civil procedural legislation.
As for the object, it is based on specific legal relations. They arise in the field of civil proceedings. Other legal relations are not included in the object of civil procedure.
Industry method
Any legal activity exists due to the presence of a certain system of levers of pressure on society and the relations that are born in it. The civil process is no exception. It is characterized by a peculiar methodological base. In the theory of law, two main methods are distinguished, namely: imperative and dispositive. The first is characterized by strict state orders, and the second - by the ability of the parties to determine the boundaries of their activities themselves. The civil process is characterized by a symbiosis of the two methods presented. Peremptory norms govern only the activities of the judiciary. But the actions of all other participants are completely dependent on their will. For example, a plaintiff in a civil proceeding submits an application to a court based on his own convictions. At the same time, the court begins consideration of the case upon the fact of the adoption of the claim, and not on its own. The decision in the civil process is binding, imperative. However, the issue of its appeal depends entirely on the interests of the parties.
A different view of the methodology
There is a theory that the mentioned branch of activity is regulated only by the imperative method, since relations arise between the authority and other participants. That is, under such conditions, a dispositive activity cannot exist, due to the tight regulation of the courts. But, as we understand it, such a statement is controversial. Indeed, the procedural freedom of the parties indicates the presence of minimal dispositiveness, which cannot be ruled out.
Principles of Civil Procedure
One or another branch of legal regulation exists on the basis of certain fundamental ideas. They talk about the framework within which the civil process should operate. Many principles come from the Constitution of the Russian Federation. Because it is the basis of the legal regime in the state. But there are also industry ideas. Thus, all civil procedural activities are based on the following principles:
- exclusive powers and role of the court;
- justice and legality of activity;
- independence of judges;
- competitiveness and dispositiveness;
- continuity of proceedings;
- procedural equality of all parties involved, etc.
Some scientists also highlight other principles of the process that are historically determined. But such fundamental ideas are not official, therefore, their detailed consideration for the study of the industry does not play any role.
Stages of the civil process
The civil process is not only regulated, but also largely systematized. That is, we can talk about the existence of certain stages of resolving specific disputes and considering cases in judicial instances. All this happens in the framework of civil proceedings. But the process, in its essence, is not limited to sitting in court and making an appropriate decision. To date, there are several views on the issues of stages of civil activity in court. But there is one most common type of structure of the procedural stages, which consists of several elements.
1) The initiation of proceedings.
2) Preparation for the proceedings.
3) Proceedings in court.
4) Appeal proceedings.
5) Cassation proceedings.
6) Review of the case in a supervisory court.
7) Review of the case due to newly discovered circumstances.
8) Decision enforcement proceedings.
It should be noted that a lawsuit in a civil proceeding, the model of which is presented in the article, actually generates proceedings in court.
Parties and their legal capabilities
Procedural activity is impossible without the participation of certain persons in it. For example, the court is the key subject of the process, because it is he who solves disputes and makes decisions on the case. There are other participants. The defendant and the plaintiff in the civil process are the main parties. After all, it is precisely because of the dispute that arose between them that, in fact, gives rise to legal proceedings of an appropriate orientation. That is, a statement of claim in a civil proceeding, a sample of which is presented in the article, is a starting point, since it describes the essence of the entire dispute. As for third parties, this is a specific subject of the process. They, as a rule, are not participants in a specific situation. But the situation that arose between the plaintiff and the defendant, offends their rights in any way. Therefore, participation in the civil process of third parties in some cases is necessary.
Other subjects of civil proceedings
In addition to the main parties, persons who are not directly involved in the case, but who take part in its consideration, can take part in the process. These include: translator, specialist, court clerk, court administrator. The most striking participant is the witness in the civil process.
This person, in fact, is in no way interested in the outcome of the case. However, a witness in a civil proceeding owns information about facts that are considered or proved. Therefore, his participation is mandatory, although he does not have any special legal opportunities.
Conclusion
So, we found out that the civil process is a regulated activity aimed at resolving disputes and restoring violated rights. Today in the Russian Federation hundreds of court hearings are held daily. Their legal regulation is effectively carried out by the relevant legal industry. Of course, there have always been certain problems of the civil process. But almost all of them are developed and overcome in theory, which leads to the modernization of civil proceedings as a whole.