Concept and types of legal proceedings in the Russian Federation

A certain procedure for the conduct, review and resolution of cases, which is established in accordance with the law, is called judicial proceedings. It exists in four types: constitutional, civil, criminal, administrative. The consideration of case materials is always conducted by the judicial authorities on the basis of codes and other federal laws. Therefore, order in this case is necessary, otherwise the resolution of the disputable issue can be delayed for an indefinite period of time.

Definition

Judicial proceedings represent a certain stage of the process of review and resolution of a case, which is conducted in accordance with the norms of law. Because the simplest in its essence the written appeal of a citizen can not be in a suspended state. It must be taken by the court and considered.

The basic principles of production are as follows:

- equality of all citizens before the law, regardless of the nationality of a person, his skin color, financial situation;

- publicity - speaks about the openness of the meeting, where anyone can attend;

- publicity - means that the investigation of the case is conducted by state bodies;

- protection - everyone has the right to receive qualified legal assistance from a lawyer;

- The national language should be understood by the persons involved in the process.

Concept and types of legal proceedings in the Russian Federation

Every case must be considered and resolved in accordance with the law. For this, it is necessary to refer it to one of the existing types of proceedings:

- constitutional;

- civil;

- criminal;

- Administrative.

In this case, each of them has its own peculiarities, which are prescribed in a certain code and established by other normative acts. The very concept of legal proceedings means the procedure for considering a case, without which a timely and correct resolution of a contentious issue is impossible.

Main functions

Types of legal proceedings in the RF fall into four main categories:

- The constitutional is applied in the case when it is necessary to establish the conformity of the adopted acts with the basic law of the state;

- administrative - in committing people to minor offenses (misconduct), the responsibility for which is regulated by the Code of Administrative Offenses;

- civil - to resolve disputes arising from property and personal non-property relations of persons;

- criminal - is necessary to establish the guilt of intruders or their justification with the help of irrefutable evidence.

Each of them has its own tasks in the resolution of cases. That is why the types of legal proceedings in the Russian Federation differ in their methods and methods, and they also have specific features of handling complaints and applications related to their jurisdiction.

Constitutional

The main task of this legal proceeding is the compliance of the adopted normative acts with the basic law of the state. In addition, it is in the competence of the Constitutional Court of the Russian Federation, which is a special authority, its decisions can not be appealed and changed. It is guided in its activity by the following principles:

- Independence;

- collegiality;

- publicity;

- continuity of the meeting;

- competitiveness;

- Equality of the parties.

It considers first of all the violation of the norms of law by state bodies and the inconsistency of their Constitution of the Russian Federation.

Decisions and decisions of this court are final and come into force immediately after the proclamation. In addition, they are considered indispensable sources of constitutional law.

The meetings of this state body are always carried out by the collegial composition of the judges. Even their broadcasts are allowed, but only for particularly significant issues.

Constitutional legal proceedings in the Russian Federation always begin with the request of authorized persons. The right to apply in this case is:

- the president;

- The State Duma;

- Council of the Federation;

- government;

- Superior Court of Arbitration.

Administrative production

Means a way of consideration of complaints of citizens and legal persons on actions of authorities. In addition, administrative proceedings are necessary to resolve disputes between subjects of this branch of law. It is characterized by the following tasks:

- accessibility of justice in the field of public relations;

- protection of legitimate interests of citizens and organizations;

- prevention of committing offenses (misconduct);

- consideration and resolution of issues in this category of cases.

In addition, since 2015, the Code of Administrative Proceedings of the Russian Federation has been in operation throughout Russia. If previously all cases of this category were resolved with the help of the CCP RF, now they have their own special order of consideration.

The Code of Administrative Proceedings of the Russian Federation is now the main procedural document, which describes the principles of its operation, the methods of proving, and the filing of a claim.

Civil Procedure

The main tasks here are the correct and prompt consideration and resolution of disputes arising between people and organizations regarding personal non-property and material values.

The procedure for civil proceedings is as follows:

- civil cases are heard verbally, in a language that will be understandable to each of the parties to the case;

- all evidence is investigated;

- Evidences of witnesses and experts are heard;

- the debate of the parties.

It should also be noted that the material that has been submitted to the court must be examined within two months, the exception is a claim for reinstatement at work, for which only four weeks are provided.

The application shall be submitted in writing, in addition, all necessary copies of documents shall be attached to it, as well as a receipt for payment of the state fee, if it is provided. After the committed actions, the court makes a decision to take the case to the proceedings or return it to the plaintiff for the elimination of violations.

criminal process

It is no less important in its significance than other types of judicial proceedings in the Russian Federation. It is regulated by the main and the main legislative act in this direction - the Code of Criminal Procedure of the Russian Federation. This procedure is designed to resolve issues relating to particularly dangerous offenses, which are called crimes.

In addition, there is a procedure for dealing with cases, which will largely depend on the plea of guilty defendants. In this case, violators are subject to special, severe sanctions (deprivation of liberty, its restriction, large penal sanctions). That is why the criminal process is considered to be the most important than the other types of legal proceedings in the Russian Federation, since the sentence of the court can forever change the fate of a person.