According to Art. 2 of the Code of Civil Procedure, judicial proceedings are focused on timely and objective consideration and resolution of disputes to protect disputed or violated interests and rights of people, organizations, the Russian Federation and its entities, municipalities, officials involved in labor, civil and other legal relations. Consider this institution in more detail.
Classification
The type of proceedings is determined by the substantive category of cases. Each group provides for independent ways and means of protecting interests and rights. In accordance with this, the features of the procedures are determined. Judicial proceedings may be:
- Claim. It is focused on resolving conflicts between specific individuals on the implementation of their rights and fulfillment of duties.
- Administrative. It is carried out in cases arising from public relations.
- By order. Such litigation is also called simplified. It is based on indisputable evidence.
- Special. There is no dispute about rights in such proceedings.
Features
The course of judicial proceedings has specific features. Legislation provides for certain stages of the procedure. Judicial proceedings, in fact, are a motion of the case in an authorized instance. It involves a certain set of stages of its consideration and subsequent resolution. The stage of production is its specific part, the totality of decisions and actions focused on the implementation of tasks and the achievement of the goals of the functioning of the judicial system. A certain circle of subjects is involved in the process, documents and other materials are used, various actions are carried out, and deadlines are set. The stages of judicial proceedings are in strict sequence. The transition to the next stage is possible only after completion of the previous one.
Stages
The usual (traditional) procedures include:
- The initiation of legal proceedings.
- Preparing the case for trial.
- Dispute Resolution
- Appeal proceedings. It is allowed by decision of the first instances that have not entered into force.
- Cassation proceedings. It is carried out according to decisions that have entered into force, except for decisions of the Armed Forces.
- Forensic proceedings.
Legislation also provides for exceptional stages. These include:
- Supervisory proceedings. It is carried out in respect of decisions that have entered into force.
- Reconsideration of the case due to new or newly discovered circumstances. It is permitted in respect of enacted judgments.
Acceptance of application for consideration
Judicial proceedings begin with the appeal of a person whose rights, in his opinion, have been violated, to an authorized court. His statement is in writing. Code of Civil Procedure has certain requirements for treatment. An interested person can send the application by mail or bring it to the office in person. The judicial authorities are required to verify the correctness of the appeal. Based on the results of this procedure, a decision is made to accept the application or refuse it.
Preparation of materials
If the application was made in accordance with the requirements of the law, the next stage of the proceedings begins. Preparation for consideration of the case is regulated by Ch. 14 GIC. It is necessary to ensure the fastest and legal resolution of the dispute. Within this stage, the judge:
- Clarifies all the circumstances of the relationship.
- It indicates to participants the need to submit additional materials, assists them in obtaining the required documents.
- Determines the composition of the process entities.
- Takes measures to reconcile the parties.
At the end of the stage, a decision is made on the appointment of the case for hearing.
The trial
The third stage of production is governed by Ch. 15 GIC. Proceedings are usually held in open session. The case is examined on the merits of the materials presented. During the hearing, all participants in the process speak, answer the questions of the judge. In some cases, meetings may be rescheduled; an authorized person may appoint additional events (for example, expertise). Based on the results of the third stage, a decision is made to satisfy (partial / full) the applicant's requirements or refuse to do so.
Appeal
A decision on the merits of the circumstances examined does not indicate a termination of the proceedings. The fact is that one or another participant in the process may not agree with the adopted resolution. The legislation in such cases allows the appeal of a decision to be taken until it has entered into force. Appeal, in accordance with Article. 320 GIC, can file:
- Participants and other persons interested in the outcome of the proceedings.
- Prosecutor, if he was brought to trial.
- Third parties who did not participate in the proceedings, but the issue of their obligations and rights was resolved during the process.
Cassation instance
The legislation allows appeals against decisions that have entered into force, except for acts of the Armed Forces. It is carried out in cassation order. The following persons have the right to appeal:
- Participants in the process.
- Third parties, if their interests and rights were affected by the decision.
- Office of the prosecutor defined in Art. 377 Code of Civil Procedure.
Appeal of decisions is allowed within six months from the date of their entry into force.
Supervisory review
It is regulated by Ch. 41.1 Code of Civil Procedure. In accordance with the procedure of supervisory review, the decisions on complaints that have come into effect are reviewed:
- Process participants.
- Other entities whose interests, freedoms and rights were affected by the decision.
Additionally
The law provides for the possibility of reviewing a case for new or newly discovered circumstances. This procedure applies to disputes whose resolution has entered into force. Consideration of the application is carried out by the same court that issued the decision. Revision of new / newly discovered facts of appeals, cassation, and supervisory acts that have changed or adopted a different definition is carried out by the authority that issued a new or changed the previous decision.
Criminal proceedings
Its structure is somewhat different from the above procedure. The first stage of criminal proceedings includes a preliminary investigation. It includes checking reports of a crime, carrying out operational investigative actions, initiating proceedings, calling persons for interrogations and other procedural measures. All of them are aimed at establishing the circumstances of the incident, the identities of the participants, attracting people as suspects.
Special order
It is used in cases defined by law. In particular, a special procedure applies:
- When deciding if the person agrees with the charge against him.
- The trial of a justice of the peace.
- Participation in a jury trial.
Specificity of the CPC
Procedural legislation provides for a number of guarantees for the participants in the case. First of all, the norms establish the presumption of innocence. It means that no one can be considered guilty until his involvement in the crime is proved. The CPC also defines other additional guarantees for the participants in the process to exercise their rights. So, for example, proceedings in a court of second and third instance (on appeal and cassation) are envisaged. The norms allow the review of decisions that have entered into force, the resumption of proceedings on new or discovered facts.
Judicial Enforcement Procedure
It acts as the final stage of many proceedings. Execution of proceedings by bailiffs is often accompanied by a variety of difficulties. Many citizens who have won cases need qualified assistance from lawyers to implement the decision. As part of the enforcement proceedings:
- An application is prepared and submitted to the FSSP.
- ILs are transmitted to authorized entities.
- Applications are made for the seizure of property of debtors.
- The operations of valuation, storage and sale of material assets are supported.
- Legal methods are used to prevent the removal of assets or fictitious bankruptcy. For example, debtor accounts are frozen.
activity
The production of bailiffs involves several procedures. First of all, after the adoption of documents from the civil plaintiff, the debtor is determined by the period in which he can voluntarily execute the decision. If the proper actions are not performed by them, the stage of forced production begins. FSSP employees are entitled to use the methods provided by law. These include:
- The arrest of property.
- Withholding of a part of income (salaries, pensions, scholarships and other income).
- The seizure of material assets determined by the decision from the debtor for subsequent transfer to the claimant.
- Alienation of cash and property received by third parties from the obligated person.
- Other measures prescribed by law and provided for by a judicial decision.
Nuances
In some cases, circumstances arise that impede the implementation of a court order. In such situations, an application for installment or deferral is allowed. The debtor can use this right if he can justify the need for its use. In practice, a change in the method and timing of the execution of the decision is allowed. This action should also be motivated. Upon termination of the proceedings until the debtor fully repays its obligations, the appropriate note is affixed on the documents in the case. Materials are sent to the judicial or other authorized body that issued them. At the same time, measures that were taken earlier are subject to cancellation. Legislation does not allow the resumption of previously discontinued proceedings.
Features of evidence
When submitting an application to the court, the plaintiff must substantiate his position. To do this, he needs not only to refer to the rule of law in his appeal, but also to provide evidence of a violation by the defendant of his rights and interests. Various documents may serve as confirmation. For example, it may be a civil law contract, in which the conditions, unfulfilled by the debtor, settlement papers, etc. are registered. The defendant, in turn, also has the right to submit materials refuting the validity of the plaintiff's claims. Both participants may also request the involvement of witnesses, experts and other entities.
With regard to criminal proceedings, the burden of proof rests with the prosecution. She is represented at the hearing by the prosecutor. The defendant, in turn, has the right to attract a lawyer to protect his rights. Sentencing is the implementation of the sanctions provided for in the Criminal Code. They can be fines, arrest, compulsory, corrective or forced labor, imprisonment. In addition, the law provides for the possibility of applying other coercive measures. For example, it can be placement of a person in a medical institution for treatment of a mental disorder, referral to a special educational institution. The latter applies to juvenile delinquents.
Conclusion
Judicial proceedings, being a legislatively fixed form of protection of civil interests, freedoms and rights, are carried out in a strictly defined order. The provisions of the procedural codes clearly regulate all the actions of officials in order to avoid exceeding their authority. For example, evidence must be collected only by legal means. In case of violation of the requirements of the norms, the materials received, even if they directly indicate the guilt of the person, will not be accepted by the court.