As in every industry in the system of law, civil procedure law have their own principles, or fundamental principles upon which the whole system of civil procedure.These principles are the realization of the objectives of this sector, which are designated in Article 2 of the Civil Procedure Code (CPC).Protecting subject to appeal in court the rights and interests of individuals, strengthening the rule of law and the prevention of torts is impossible without obscheyuridicheskih discussed below, cross-sectoral and specialized sectoral principles.
Firstly, in the Code of Civil Procedure enshrined the constitutional principles of civil procedural law.So, the only entity authorized to administer justice is the court.(Art. 5 CPC) This position corresponds to the legislation on the judicial system.Parties to the agreement may provide for an appeal to an arbitration court;in the presence of an arbitration clause filing a complaint in a court of general jurisdiction is possible only after the proceedings in the court of arbitration.In 2011, a law was passed on mediation offers to resolve civil disputes through intermediaries before going to court.This mediation is not part of civil proceedings.It should be noted, and these constitutional principles of civil procedural law, such as equality before the law and equality before the courts.The Code of Civil Procedure, these two principles are combined in one article, but theorists insist on their division.Equality before the law is always there, including those outside the process, and equal before the court, they are from the beginning of the proceedings.The principles allow for the adversarial process and to guarantee the right to judicial protection of every person to file a lawsuit.Article 128 of the Russian Constitution enshrines the principle of appointing judges.Special federal law provides a special procedure for obtaining the status of a judge.Tenure and independence of the judiciary provided for in Articles 120 and 121 of the Constitution and Articles 7 and 8 of the Code of Civil Procedure.
Since 2010, in order to expedite the resolution of disputes by the courts in the CCP introduced the principle of reasonable duration of the proceedings and the execution of a court order.GIC also captures such cross-cutting principles of transparency and the language of proceedings, which are also regulated in the Criminal Procedure Code and agribusiness sectors in relation to the relevant procedural law.Statutory provisions on the law and on judicial truth as the goal of bring together civilian production with other procedural industries.
Secondly, civil procedural law, and has its own principles, which are not typical for other industries.The most striking example is the principle of optionality.He is not attached directly to the Code of Civil Procedure, in a separate article, but stems from the content of art.3, Art.4, Article 39, Article.44 and Art.137. The function of the court in civil proceedings is to assist the complainant and the defendant in the exercise of their powers and the procedural rights and the enforcement of the parties.The plaintiff and the defendant free to exercise their powers and rights, they can independently change the amount of the claim.Thus, the plaintiff is empowered to change the subject and cause of action, the amount of claims or even waive the claim earlier.The defendant is empowered to designate counter-claims, recognize the claim in part.At any stage of the civil process, the parties have the opportunity to stop the deal settlement.
There are organizational and functional principles of civil procedural law.The organizational principles include providing the mechanism of the judicial system in the courts of general jurisdiction, considering civil disputes, sudoustroystvennye principles.Functional principles in its content are sudoproizvodstvennymi.Some scientists have noted the presence of lawyers is not only organizational and functional, but also organizational and functional principles that combine the properties of both the principles of the above groups.In theory, also decided to allocate the fundamental or absolute, and constructive, or relative, the principles of civil procedural law.
