in life may have a variety of situations in which the legal entity or a citizen may have to defend their rights.The interested party may bring an action against those who challenge or violates his rights.Thus is formed a particular civil action in a particular case.It participates court, which is obliged to resolve the conflict, the plaintiff (the person to defend their rights), the respondent (the person bringing to justice).The review procedure also involved other stakeholders, experts, witnesses, translators and so on. D.
discussed above definition describes the civil proceedings in its narrowest sense.Its particular due to the presence of the court, the time of its actual scope is limited.Participants with the individual, and the legal relationship between them are regulated by the law applicable to one or the other situation.
At the same time there is also a broader definition.Civil proceedings in this sense is seen as a social phenomenon.It is connected with the need of society to ensure the protection of civil rights.Guarantees of judicial protection in favor of the Constitution.
principles of civil procedure enshrined in law.
grant relief in accordance with certain procedures.The Constitution of the Russian Federation is determined by the order of an administrative, civil, criminal and constitutional proceedings.The terms "proceedings" and "civil proceedings" are identical.And, both the concept of a first order of consideration and resolution of cases.He established rules and regulations laid down by the civil procedural law.At the same time legal proceedings should be regarded as part of the justice system.He, in turn, is defined as the judiciary, which is the resolution of specific issues, as well as the application in accordance with the law of state coercion to certain persons.In this sense, civil process should be called complex, and legal proceedings, which are formed in their course and are associated with the administration of justice.These acts are performed by the court (authority to administer justice), as well as the entities that are involved in the case.
The proceedings may thus be defined as a procedure for the action concerned, the rules established by law.
lawsuit in civil proceedings is served to actually start proceedings.This action involves a number of other procedures.
judge may take the case or refuse to initiate him in the case, if there is a legitimate reason.On the basis of the rule of law a person involved in the case, and the court have broad capabilities to help implement remedial actions.
Discovery of documents, seizure of property held by the defendant, filing a complaint about the ruling of the court, the application removal, appointment of examination, the issue of definition - these and other components make up proceedings.
Proceedings themselves have certain characteristics.Thus, the law defines the content, provides for the possibility of omission or commission.Implementation of measures in the framework of legal proceedings is subject, as a rule, a certain sequence or the proceeds from the logic according to which the process is developed in a particular case.As a result of the commission of the real action in favor formation of the legal consequences.So, filing a complaint is the inclusion in the case of the plaintiff, the defendant or third parties and the acquisition of the relevant rights under the laws of justice.
