Public relations at all times had a rather specific character. After all, they arise directly between people in the process of their normal life. But the key interest is not the relations themselves, but the mechanism of their regulation, which is carried out through law. As for the present, the legal industry of the 21st century is very powerful. Today in Russia there are a large number of different legal sectors that regulate typical groups of relations. Moreover, all areas of regulation are divided into material and procedural. The second system of legal branches is associated with the coordination of human activities aimed at resolving certain disputes. That is, the procedural spheres of law are a system of industries related to legal proceedings. In this case, it should be noted that the courts are of different types. Moreover, their activities are regulated by several legal sectors. Interesting enough is the civil proceedings. The concept, types, stages of this activity are fixed in the current legislation of the Russian Federation, which makes it possible to study in detail all aspects of this legal phenomenon.
General concept of the category of legal proceedings
The activities of the law enforcement bodies of our state in most cases are based on general principles that are enshrined in various regulations. In this case, to characterize the category of civil proceedings, it is necessary to understand what constitutes a classic form of this phenomenon. In the narrow sense, legal proceedings are the activities of the courts. However, the current regulatory acts governing the work of such bodies suggest that the category presented in the article is an established procedure for administrative, constitutional, criminal and, of course, civil matters. Thus, the concept fully covers the whole range of actions performed in the framework of proceedings in a particular instance. In our case, civil proceedings play a key role.
Civil proceedings
As we know, the civilistic branch of law penetrates many existing spheres of human life. At the same time, all disputes arising within the industry require specific proceedings. Thus, civil proceedings, the concept, types, stages of which are presented in the article, are regulated activities of the court, persons who participate in the consideration of the case, as well as other participants with the aim of resolving disputes and situations of a different kind.
It should be noted that in the Russian Federation there are certain features of the consideration of cases in civil proceedings. According to the norms of industry legislation, the presented field of activity belongs to the courts of general jurisdiction. In addition, regulations also establish the starting points of production.
Principles of Civil Procedure
The initial provisions are important for all branches of law and the regulation of legal activities. Civil proceedings are a specific area, which determines the existence of the initial principles in it. Today, the key provisions recognize the moments about:
- the exclusive competence of the courts in the process of administering justice;
- a combination of different types of cases;
- independence of all judges without exception;
- legality and publicity of activity;
- the equality of all persons before the court;
- adversarial process, dispositiveness and the need to seek judicial truth;
- procedural equality of the parties to the process;
- the possibility of applying the analogy of law, law, etc.
The mentioned principles are enshrined in the norms of the Civil Procedure Code. In addition, it should also be noted that there are basic principles that have been developed historically in the development of general civilistic science. These principles include the right of each party to express their opinion, the need to record certain facts directly in the documents, the indisputable competence of the court in the process of applying legislation, etc.
The concept of civil proceedings
Today in the scientific community a large number of problems of the civil process are being developed. One of them is the stage of civil proceedings. However, there is no single scientific approach to the consideration of this category. The scientific development of the stages is also complicated by the lack of a normative interpretation of this concept. Therefore, all the current characteristics of the stages are doctrinal. Thus, the stages of civil proceedings are a separate element of the process, characterized by their own tasks, goals and specific actions of a procedural nature.
Difference terms
In modern science, the types and stages of civil proceedings are distinguished. In most cases, people identify these concepts, which is fundamentally wrong. As mentioned earlier, stages are called separate groups of procedural actions carried out to achieve certain goals. As for types of legal proceedings, they represent various algorithms of actions when considering disputes of a certain direction. The type of process is a broader concept and, as a rule, includes several stages. Today in the Russian Federation there are only two main types of civil proceedings. They will be discussed later.
The main stages of civil proceedings
Today, scientists distinguish different stages of the trial. Nevertheless, there is the most classical system of interconnected stages of production, which is due to the norms of existing civil law. Thus, the following process steps exist:
- initiation of proceedings in a court of general jurisdiction;
- preparatory production;
- court proceedings;
- proceedings in the court of appeal;
- cassation proceedings;
- supervisory review proceedings;
- full review of the case due to newly identified circumstances;
- enforcement of a judgment.
In this case, it should be noted that not all the presented stages of civil proceedings are mandatory. Indeed, some of them simply do not occur in connection with the peculiarities of specific cases. Therefore, for a more detailed analysis of the whole mechanism of civil proceedings, it is necessary to consider each stage separately.
Preparatory stage
The first two stages of civil proceedings in the Russian Federation relate to the stage of preparing the case for direct consideration. They begin upon the fact of a particular person's appeal to the court, in connection with certain legal relations that need to be defended, terminated, recognized, etc. Moreover, the initiation of proceedings and preparatory proceedings are completely different stages. In the first case, the judge decides the fact of the existence of appropriate grounds for starting the process, in general. During the preparatory proceedings, the relevant witnesses are called up, evidence is accepted, third parties are involved in the process, etc. The stages presented are of key importance for further consideration of the case in court. The outcome of the whole process will depend on the quality of their implementation.
First Instance Proceedings
The trial, as a stage of civil proceedings, is the main stage in the consideration of the case. In this case, we are talking about a key point in the first instance process. The trial takes place in court. In the process of implementation of the stage, the legal position of all parties is actually determined, and evidence in the case is directly assessed. Of great importance in this case are the debates of the subjects of legal proceedings. They present their own arguments to confirm their position. All features and the algorithm of the court session are presented in the Civil Procedure Code of the Russian Federation.
The trial ends with the issuance of a legally significant decision, which may be the final result of the entire civil process. Further stages can begin only at the will of the parties.
Appeal and cassation in civil proceedings
The stages of civil proceedings and their features presented above are the key points of the whole process. All other stages, except for the enforcement of court decisions, can be called optional. An excellent example is appeal and cassation. These stages represent the actual review of the case, which can be implemented in a specific period after the entry into force of the court decision. In the process of appeal proceedings, the case is re-examined. After that, the court of second instance may leave the decision unchanged or mark it by issuing its own. In any case, this or that party has the right to review the case also in the cassation instance.
It should be noted that appeal to the court of appeal or cassation is not mandatory. The parties have the right to review the case, but not the obligation. Everything in this case will depend on the goals of this or that person and his material capabilities. As for the proceedings in the court of supervisory authority and in connection with the newly identified circumstances, these stages are also of an additional character. They take place only in the presence of certain legal facts and the desire of the parties that exercise the right to initiate the stages presented.
Enforcement of court decisions
When the decision of a certain body comes into force and no one wants to appeal it, the last stage of the whole process begins. It is called enforcement proceedings. At this stage, a number of procedural actions are taken . They are implemented by a special state body. In the Russian Federation, this is the Federal Bailiff Service. The procedural basis of the stage is the executive document. Actual enforcement of a judgment is a logical outcome of civil proceedings.
Process Types
As mentioned earlier, there are various types of civil proceedings that combine different stages. The Civil Procedural Code of the Russian Federation indicates the presence of two main types of legal proceedings: lawsuit and special. The main difference between these categories is the dispute about law. In the course of the lawsuit, he is decided, about which a decision is subsequently made. A special type of process is carried out only with the aim of recognizing specific civil rights. That is, a legal fact is considered in which there is no dispute about law. Moreover, in both types there are almost identical stages of civil proceedings. A table of a comparative nature will allow you to see a certain identity of the lawsuit and the special process.
So, we found that the stages of civil proceedings are important elements of the process, the implementation of which plays a different legal role. To date, the presented category is quite stable. There are no special collisions in it. Therefore, we hope that in the future stages and civil proceedings as a whole will only be modernized for the better.