The concept, subject, forms, types, problems of the civil process. The civil process is ...

Everyone has a certain range of rights and responsibilities. These powers determine its legal regime. They act out a meaningful role. After all, it is on the basis of powers that regulation of social relations of one kind or another is carried out. To date, the legal sector has penetrated all spheres of the life of society. He coordinates almost any form of human interaction. At the same time, legal relations can be born from different legal facts. The latter are lawful and illegal.

Violation of human rights, in turn, can lead to the beginning of a certain procedural activity, the purpose of which is the resumption of the legal regime of a person. At the same time, violations can have completely different nature, which will determine their belonging to a specific regulatory industry. Procedural activity, as well as other types of work of society, is regulated by law. An excellent example is the civil process. This is a multifaceted kind of interaction between society and the branch of the judiciary. It has a large number of features that distinguish it from other types of procedural activities that exist today in the Russian Federation.

What is the civil process?

Jurisprudence is a whole body of knowledge, theories and official norms that govern certain areas of a person's life. However, there is a procedural aspect of this phenomenon. This suggests that jurisprudence is not only a system of some rules, but also a full-fledged human activity. An excellent example, which explains the essence of this concept, is the civil process. This is, according to the norms of the current legislation of Russia, the regulated activities of the judiciary, as well as those involved in the investigation of persons who are directly connected with resolving issues arising in the sphere of civil law. The procedural branch also coordinates the work of special bodies responsible for the execution of acts issued by the court. Civil process has its subject and principles of activity, as well as some specific features inherent only in it.

Regulatory branch of law

Any interaction of a person with the authorities is coordinated by law. The civil process is a regulated activity. Therefore, there is a separate legal branch. Civil procedural law contains the rules that are responsible for the actual implementation of the proceedings. If this industry did not exist, then the activity mentioned in the article would not have been produced either. Thus, it is necessary to understand that the terms "civil law" and "civil process" are close concepts. But the first characterizes the field of legal regulation, and the second - the specific activities of individual entities, as already mentioned earlier.

Civil Law and Process

At the time of Ancient Rome, civilization was a single whole. That is, the division of the right to the material and procedural component was not effected. Similar can be seen today. For example, in common law countries there is no civilian sector. It mostly appears at the moment of proving and disputes of the parties about any legal facts. Quite a different situation in the states of the pandemic system, which is the Russian Federation. In them, the division of the right to material and procedural components is quite clear. At the same time, the civil industry is an example of a material component. Its norms reinforce the duties and opportunities of citizens, the framework of legal responsibility and much more. The civil process in this case is not regulated by the material industry. But he, in fact, actually arises from it. After all, procedural activity in most cases is aimed at the protection or restoration of civil rights. Therefore, these industries, although linked, but in general are completely independent spheres.

Object and subject of civil process

When studying one or another area of regulation of social relations, it is first of all necessary to single out its main theoretical bases. Because any branch of material or procedural law has its own object and object. These simple fundamentals are really important, because with their help you can determine the legal nature and the possibility of a particular legal industry.

The subject of the civil process is the direct activity of the judicial bodies and subjects of the case in question: the plaintiff, the defendant, the witness, third parties, etc. In addition, to some extent, the activities of the executive departments are also affected, since it is regulated in a certain part by the civil procedural legislation.

As for the object, it is based on specific legal relations. They arise in the field of judicial proceedings to consider civil cases. Other legal relations do not enter into the object of the civil process.

Method of the industry

Any legal activity exists due to the presence of a certain system of levers of pressure on society and the relations that are born in it. The civil process is no exception. It is characterized by a peculiar methodological basis. In theory of law, there are two main methods, namely: imperative and dispositive. The first is characterized by a strict state order, and the second - by the possibility of the parties themselves to determine the boundaries of their activities. The civil process is characterized by a symbiosis of the two methods presented. Imperative norms regulate only the activities of the judiciary. But the actions of all the other participants completely depend on their will. For example, a plaintiff in a civil process submits an application to a court based on his own convictions. At the same time, the authority starts considering the case after the adoption of the claim, and not independently. The decision in the civil process is mandatory, imperative. However, the issue of his appeal completely depends on the interests of the parties.

A different view of methodology

There is a theory that this branch of activity is regulated only by an imperative method, since relations arise between the authority and other participants. That is, under such conditions, disposability of activities can not exist, due to strict regulation of the work of the courts. But, as we understand, such a statement is controversial. After all, the procedural freedom of the parties indicates the existence of a minimal dispositive, which can not be ruled out.

Principles of civil process

These or those branches of legal regulation exist on the basis of certain basic ideas. They talk about the framework within which the civil process should operate. Many principles come from the Constitution of the Russian Federation. Because it is the basis of the legal regime in the state. But there are also industry ideas. Thus, all civil procedural activity is based on the following principles:

- exclusive powers and role of the court;

- justice and legality of activities;

- independence of judges;

- competitiveness and disposability;

- continuity of the proceedings;

- procedural equality of all parties involved, etc.

Some scholars also highlight other principles of the process, which are historically conditioned. But such fundamental ideas are not official, so their detailed consideration for the study of the industry does not matter.

Stages of the civil process

The civil process is not only regulated, but also in many ways systematized activity. That is, we can talk about the existence of certain stages of solving specific disputes and considering cases in the courts. All this happens in the framework of civil production. But the process, in its essence, is not limited to just sitting in court and making an appropriate decision. To date, there are several views on the issues of the stages of civil activity in court. But there is one most common form of the structure of the procedural stages, which consists of several elements.

1) Initiation of proceedings.

2) Preparation for the trial.

3) Proceedings in court.

4) Appeal production.

5) Cassation production.

6) Review of the case in the supervisory court.

7) Review of the case due to newly discovered circumstances.

8) Production for execution of decisions.

It should be noted that the claim in the civil process, the sample of which is presented in the article, actually generates the proceedings in court.

Parties and their legal capabilities

Process activity is impossible without the participation of certain persons in it. For example, the key subject of the process is the court, because it is he who decides disputes and makes decisions on the case. There are other participants. The defendant and the plaintiff in the civil proceedings are the main parties. After all, it is because of the dispute that has arisen between them, in fact, gives rise to legal proceedings of the corresponding direction. That is, the statement of claim in the civil process, the sample of which is presented in the article, is the starting point, since it describes the essence of the whole dispute. As for third parties, it is a specific subject of the process. They, as a rule, are not participants of a concrete situation. But the situation that arose between the plaintiff and the defendant, touches their rights in any way. Therefore, participation in the civil process of third parties in some cases is necessary.

Other subjects of civil proceedings

In addition to the main parties, the process can involve people who are not directly involved in the matter, but take part in its consideration. These include: an interpreter, an expert, a secretary of the court session, a court administrator. The brightest participant is the witness in the civil process. In fact, this person is not in any way interested in the outcome of the case. However, the witness in the civil proceedings owns information about the facts that are being examined or are being proved. Therefore, his participation is compulsory, although he has no special legal capabilities.

Conclusion

So, we found out that the civil process is a regulated activity aimed at resolving disputes and restoring violated rights. To date, hundreds of court hearings are held daily in the Russian Federation. Their legal regulation is effectively implemented by the relevant legal industry. Of course, there have always been certain problems with the civil process. But almost all of them are developed and overcome in theory, which leads to the modernization of civil proceedings in general.