Civil litigation: the concept, types, stages. Stages of civil proceedings and their features

Public relations at all times were quite specific. 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 for their regulation, which is carried out through the law. As for the present, the legal branch of the XXI century is very well developed. Today in Russia there is a large number of different legal branches that regulate typical groups of relations. At the same time, all spheres of regulation are divided into material and procedural. The second system of legal branches is related to the coordination of human activities aimed at resolving certain disputes. That is, the procedural spheres of law are a system of branches connected with judicial proceedings. In this case, it should be noted that the courts are of different types. At the same time, their activities are regulated by several legal branches. Civil litigation is quite interesting. 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 proceedings

The activities of the law enforcement agencies of our state are in most cases based on general principles, which are fixed in various regulatory acts. In this case, to characterize the category of civil proceedings, one must understand what the classical form of this phenomenon is. In a narrow sense, legal proceedings are the activities of courts. However, the current normative acts regulating the work of such bodies indicate that the category presented in the article is an established procedure for proceedings in administrative, constitutional, criminal and, of course, civil matters. Thus, the concept fully covers the whole range of actions performed within the framework of proceedings in a particular instance. In our case, the key role is played out by civil proceedings.

Civil proceeding

As we know, the cultural branch of law penetrates into many existing spheres of human life. At the same time, all disputes arising within the framework of the industry require specific proceedings. Thus, civil litigation, the concept, the types, the stages of which are presented in the article, is the regulated activity of the court, persons who participate in the consideration of the case, as well as other participants in order to resolve disputes and other situations.

It should be noted that in the Russian Federation there are certain features of the consideration of cases in the order of civil proceedings. According to the norms of the sectoral legislation, the sphere of activity presented belongs to the courts of general jurisdiction. In addition, normative acts also establish the starting points of production.

Principles of civil proceedings

The initial provisions are important for all branches of law and regulation of legal activities. Civil litigation is a specific sphere, which determines the existence of the initial principles in it. To date, the key provisions are recognized as:

• Exclusive competence of courts in the process of administering justice;
• A combination of different types of cases;
• Independence of all judges without exception;
• Legality and transparency of activities;
• Equality of all persons before the court;
• Adversity of the process, disposability and the need to seek judicial truth;
• Procedural equality of the parties to the process;
• The possibility of applying the analogy of law, law, and so on.

These principles are enshrined in the norms of the Civil Procedure Code. In addition, it should also be noted the existence of the starting points, which were developed historically in the development of the general civil science. These principles include the right of each side to express its opinion, the need to fix certain facts directly in documents, the incontestable competence of the court in the process of applying legislation, etc.

Concept of the stage of civil proceedings

Today a large number of problems of the civil process are being developed in the scientific community. One of these is the stages of civil proceedings. However, there is no single scientific approach to the consideration of this category. The scientific development of stages is also complicated by the lack of a normative interpretation of this concept. Therefore, all the characteristics of the stages that exist to date are doctrinal. Thus, the stages of civil proceedings - this is a separate element of the process, characterized by its own tasks, objectives and specific actions of a procedural nature.

Distinction of terms

In modern science, the types and stages of civil proceedings are singled out. In most cases, people identify these concepts, which is fundamentally wrong. As it was mentioned earlier, the stages are called separate groups of procedural actions carried out to achieve certain goals. As for the types of legal proceedings, they represent different algorithms for dealing with disputes of a certain direction. The type of process is a broader concept and, as a rule, includes several stages. For today in the Russian Federation there are only two basic types of civil legal proceedings. They will be discussed further on.

The main stages of civil proceedings

To date, scientists have identified different stages of the trial. Nevertheless, there is the most classic system of interrelated production stages, which is conditioned by the norms of the current civil legislation. Thus, there are the following stages of the process:

• Instituting proceedings in a court of general jurisdiction;
• Preparatory production;
• Trial in court;
• Production in appellate instance;
• Production in cassation instance;
• Production in supervisory instance;
• A full review of the case in connection with the newly emerged circumstances;
• Execution of a judgment.

In this case, it should be noted that not all of the presented stages of civil proceedings are mandatory. After all, some of them simply do not occur in connection with the specifics of specific cases. Therefore, for a more detailed analysis of the entire mechanism of civil proceedings it is necessary to examine each stage separately.

Preparatory stage

The first two stages of civil proceedings of the Russian Federation refer to the stage of preparing the case for direct consideration. They begin upon the fact of the appeal of a particular person to a court, in connection with some or other legal relations that must be protected to stop, recognize, etc. At the same time, the initiation of the case and the preparatory proceedings are absolutely different stages. In the first case, the judge decides the very fact that there are appropriate grounds for starting the process, in general. During the preparatory proceedings, the relevant witnesses are called in, 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 a judicial procedure. The outcome of the whole process will depend on the quality of their implementation.

The stage of the trial in the first instance

The trial, as the stage of civil proceedings, is the main stage in the consideration of the case. In this case, we are talking about the key point of the process in the first instance. The trial takes place in the court session. In the process of realizing the stage, the legal positions of all parties are actually determined, and the evidence on the case is directly assessed. Of great importance in this case are the debates of the subjects of judicial 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 a legally significant decision, which can become the final outcome of the entire civil process. Further stages can begin only by the will of the parties.

Appeal and cassation in the civil process

The stages of civil proceedings and their features, presented above, are the key moments of the whole process. All the remaining stages, apart from the execution of court decisions, can be called additional. An excellent example is the appeal and cassation. These stages represent an 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 appellate proceedings, the case is studied anew. After this, the court of second instance can leave the decision unchanged or mark it by issuing its own. In any case, either party has the right to review the case also at the cassation instance.

It should be noted that appeal to the appellate court or the court of 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. With regard to the proceedings in the court of the supervisory instance and in connection with the newly emerged circumstances, these stages are also additional. They take place only in the presence of certain legal facts and the desire of the parties realizing the right to initiate the stages presented.

Execution of judgments

When the decision of a certain body comes into force, and no one wants to appeal, the last stage of the whole process begins. It is called executive production. At this stage, a number of procedural steps are taken. They are implemented by a special government body. In Russia, this is the Federal Bailiff Service. The procedural basis of the stage is the executive document. The actual execution of the judgment is the logical outcome of civil proceedings.

Types of process

As mentioned earlier, there are various types of civil proceedings that combine different stages. The Civil Procedure Code of the Russian Federation speaks of the existence of two main types of proceedings: litigation and special. The main difference between these categories is the dispute about the law. In the process of the court proceedings, it is decided, which is subsequently decided. A special type of process is carried out only to recognize specific civil rights. That is, a legal fact is considered, in which there is no dispute about the law. At the same time in both types there are practically identical stages of civil proceedings. A table of comparative character will make it possible to see some identity of the claim and special process.

So, we found out 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 fairly stable. There are no special collisions in it. Therefore, we hope that in the future, the stages and civil proceedings in general will only be modernized for the better.