successful start considering a civil case depends largely on whether the plaintiff will determine the authority in which to submit a claim.And, then, is to know what the jurisdiction of civil cases, which it views and distinguish what is the meaning of each.
concept of civil cases jurisdiction
Proper preparation of the claim depends largely on whether the right has been chosen court in which it will be sent.In fact, the issue of jurisdiction and in charge of civil cases.
subject of the claim determines the legal relationship in connection with which the dispute has arisen.On the basis of the findings of its jurisdiction, that is,what kind of vessels should be considered controversial attitude (eg, arbitration or a court of general jurisdiction).But at the same time also defines the subject of the claim, where it will be considered the case.In this respect, fixed geographical location and the status of the court.
In connection with to, the jurisdiction of civil cases represents a set of legal provisions on the possibility of referring certain controversial relation to competence of a particular court.
It should be noted that this category is ambiguous and is divided into species that are impossible not to take into account in the preparation of court.
Tribal jurisdiction in civil proceedings
Any contentious relationship undergoes a clear classification of the legislation on the grounds of complexity.And because lawyers secured such a thing as "generic jurisdiction in civil proceedings."
determining factor in this type of jurisdiction is the subject of the claim, or the attitude with respect to which the dispute arose.As you know, the judicial system can be represented by a special "ladder", including the courts of first instance, appeal and cassation.Tribal jurisdiction is determined on the basis of the subject matter, what kind of structure will be considered a claim in the first instance.These provisions are regulated by 24 - 27 ArticlesCode of Civil Procedure of the Russian Federation.
territorial jurisdiction of civil cases
contentious relationship arises between persons whose whereabouts are not necessarily the same.And because the practice and theory of the civil process allocates a special kind of jurisdiction - territorial.In fact, it is a set of rules that determines where (on what territory) should send a claim for violation of the rules.
territorial jurisdiction of civil cases, in turn, divides into five types.The first and principal is considered to be general jurisdiction determines that judicial claims can be sent to the authority of the place of residence or seat of the parties - the defendant.This provision is regulated by the provisions of Article 28.Code of Civil Procedure of the Russian Federation.
However, this rule is not mandatory.And, therefore, it is necessary to indicate a subspecies of the second jurisdiction - alternative.Its regulation is enshrined in Article 29 of the RF Code of Civil Procedure.Its essence is to provide the option of the plaintiff in a court appeal.
In contrast to her legislator has established exclusive jurisdiction of civil cases (Article 30. Code of Civil Procedure Code).This legislation establishes strict list of cases under this type.
also highlights treaty (according to Article 32. Code of Civil Procedure of the Russian Federation side of the agreement themselves determine the court) jurisdiction and Communications Minister (Article 31. Code of Civil Procedure Code).The latter is based on the principle of first things.It means joining claims considered by the court in which it was first instituted civil proceedings.
It would seem that the proposed classification are purely theoretical sense.This is not true.The correct definition of territorial and tribal jurisdiction affects not only the excitement and speedy consideration of the case.The practical significance lies in the fact that the incorrect determination of jurisdiction may become a pretext for challenging the decision of the court and as a result, delaying resolution of contentious relations.
