Civil proceedings is a regulated set of rules of procedure, which includes the process of the court.At the trial takes place the protection of civil rights, or the subject of the Russian Federation.Among the trials such cases take the basic place.
Civil proceedings basically has the following objectives:
- timely resolution of a civil case to protect the violated or disputed interests, rights and freedoms not only of citizens, but also organizations;
- consideration of a wide range of rights and interests of the Russian Federation and its subjects.
Civil Litigation obliged to do that strengthened the idea of law and order, prevented the offense, was formed not only respectful to the court, but also the law.
civil proceedings has four species.Let us more detail on the summary of product characteristics, the allocation of the goals and objectives of each of them.
Writ civil proceedings - this so-called documented and indisputable production.At its heart is the order of the court, which acts simultaneously as a court order.He usually makes a single judge, and to recover the funds.Whether we are talking about the recovery of property of the debtor.Resolution is an executive document.
claim civil proceedings .The basis of these cases put the dispute of any law.Its main difference from the clerk is adversarial, as the proceedings of each case will be in the form of a dispute opposing sides.Parties need to defend the demands and requirements of challenge put forward by the other party.
Cases arising out of public relations - independent civil proceedings.The concept includes the availability of judicial review of the extent to lawful actions of the state, as well as organizations in relation to citizens.
Court considered the following things in this kind:
- Challenging regulations.
- Challenging actions (or inactions) and decisions of the state bodies of power.In addition, we are talking about officials, local governments, as well as municipal and state employees.
- protection of electoral rights or the rights to the opportunity to participate in a referendum of citizens of the Russian Federation.
- other matters that arise from public affairs, and that took a federal law administered by the court.
special proceedings , which is different from the claim that there is no dispute about the right and the disputing parties.It does not claim, and one-sided affairs, which concern:
- establish the facts that have legal significance;
- adoption (adoption) of the child;
- recognition of the citizen as missing or dead Offers subject;
- incapable or incapacitated subject of recognition;
- restriction or deprivation of a minor rights to dispose of their own income;
- ads minor capable, declaring his emancipation;
- recognition of things (movable) ownerless and recognition of the right of municipal ownership of it;
- restoration of rights on securities (an order or bearer), which have been lost;
- establish admission (compulsory) subject to psihstatsionar and possible forced psychiatric examination;
- amendment of the civil acts;
- denied committing existing notarial acts;
- restore lost production in court.
procedure civil proceedings is standard and clearly spelled out, compliance with it is mandatory.
