Civil proceedings are regulated by a set of rules of procedure, which includes a court procedure. At the trial, civil rights of a person or a subject of the Russian Federation are protected . Among the trials, such cases occupy the main place.
Civil proceedings basically have the following objectives:
- timely resolution of a civil case to protect the disputed or violated interests, freedoms and rights of not only citizens, but also organizations;
- consideration of a wide range of rights and interests of the Russian Federation and its subjects.
Civil judicial practice is obliged to help strengthen the ideas of the rule of law and the rule of law, prevent offenses, and form a respectful attitude not only to the court, but also to the law.
Civil production has four types. Let us dwell in more detail on a brief description, the identification of the goals and objectives of each of them.
Enforced civil proceedings are the so-called documented and indisputable proceedings. It is based on a court order, which acts simultaneously as a court order. Usually, he is handed down by the judge on his own and concerns the recovery of funds. Or it comes to the recovery of property from the debtor. The decision is an executive document.
Claim civil proceedings . The basis of such cases is a dispute over a right. Its main difference from the order is in adversarial proceedings, since the trial of each case will take place in the form of a dispute between the opposing parties. The parties need to defend the claims and challenge the claims put forward by the other side.
Cases that arise from public relations are independent civil proceedings. The concept includes the presence of judicial control over how legitimate the actions of state bodies, as well as organizations in relation to citizens.
The court considers the following cases within the framework of this type:
- Challenging regulations.
- Challenging actions (or inaction) and decisions of state authorities. In addition, we are talking about officials, local authorities, as well as municipal or civil servants.
- Protection of suffrage or rights to the opportunity to participate in a referendum of citizens of the Russian Federation.
- Other cases that arise from public affairs, and which are referred to federal law by the court.
A special legal proceeding , which differs from the lawsuit in that there is no dispute about the law and the disputing parties. This is not a lawsuit, but one-sided cases that relate to:
- establishing facts that are of legal significance;
- adoption of a child;
- recognition of a citizen as missing or declaration of the subject as dead;
- restrictions on legal capacity or recognition of the subject as legally incompetent;
- restrictions or deprivation of minor rights to manage their own income;
- declaring a minor legally capable, declaring his emancipation;
- recognition of a thing (movable) ownerless, as well as recognition of the existence of a municipal property right to it;
- restoration of rights on securities (order or bearer) that were lost;
- establishing the hospitalization of a (compulsory) subject in a psychiatric facility and the possibility of compulsory psychiatric examination;
- making amendments to civil acts;
- refusal to perform notarial acts;
- restoration of lost proceedings in court.
The civil proceedings are standard and clearly spelled out; compliance is mandatory.