Justice in accordance with the Constitution of the Russian Federation is carried out by means of legal proceedings: civil, criminal, constitutional and administrative.
The cases regulated by the civil procedural law and arbitration.Accordingly, the procedure for resolution of cases referred to civil or arbitration process.Civil litigation - a specific, defined and regulated by the civil law the activities of all its members, including the bodies of execution.
fundamental principles of civil procedure are as follows:
- equality of all before the law and court;
- the opportunity to defend their rights by any means not prohibited by law;
- universal right to the inviolability of secrets (personal and family), privacy, protection of the good name and honor
- able to use during the process of their own language.
trial - a few successive stages representing its independent parts, the combined set of proceedings, which are aimed at achieving certain goals.
These stages are:
- excitation of the proceedings of a civil case;
- its preparation for trial;
- trial;
- ruling by the Court;
- proceedings in the court of the second and supervisory authorities;
- review of the judgment on the new (open) circumstances.
The proceedings are not always in practice goes through all these stages.But the first three are mandatory, the rest may be missing if they are not needed.
The trial is conducted in accordance with the terms set by the legislation.Civil cases according to the law considered and resolved in the period after 2 months from the date of submission of the application, and the magistrates - one month.Cases for alimony and restoration work are resolved within a month.
shall be conducted in the court of which the person involved in it on a mandatory basis are notified in advance.
The trial begins with the examination of the merits in the form of a report or the presiding judge.After that, go to the clarification of whether the plaintiff all the previously stated requirements, whether they recognize the defendant, as well as specify whether not want the two sides to complete the deal by the settlement.
The court then hears the plaintiff, defendant, and participating in their third parties, as well as others involved in the process.These persons may in its course to ask questions to each other.
If the application goes on existing in false evidence, the court may order the examination.
After studying the evidence, the presiding officer proceeds to the clarification of other stakeholders, whether they wish to provide further explanations.If such statements are not followed, the examination of the merits considered complete.
concludes litigation pleadings, which is a participant in the case of speech and their representatives.The first act begins with the plaintiff as his representative, after them - the defendant and his representative.Right to the last remark after the debate is always provided to the defendant.
There are such types of proceedings as a plaintiff;cases of special proceedings;arising out of public relations;cases involving aliens;case challenging the decisions made by arbitral tribunals, and issuing writs for the execution of the decisions of these courts under compulsion.
trial aims to prompt (just in accordance with the terms) and the right to civil cases, the protection of the violated rights, interests and freedoms, strengthening the rule of law and the prevention of crime.
