in each judicial body of first instance on matters being considered protocols.This document is also used to fix the procedural actions to direct the proceedings.This procedure is defined in Art.226 of the Civil Code.Next, take a closer look, what the protocol is a civil court hearing.A sample of the document will also be described in the article.
General
As the Code of Civil Procedure, the court records stands as one of the main procedural documents.It reflects all the actions that were carried out during production.Minutes of the hearing of a civil case is endowed with an important evidentiary value.In this regard, the procedure for drawing up, the content and form must comply with regulatory requirements.The information that is present in the document used during the examination of an authorized person to justify a ruling.Parties to the proceedings and are able to use the data that contains the record of the hearing in a civil case.Based on the information reflected in the document, they can confirm their arguments underlying the claims / objections to the claim.In the case of non-accepted norms, dissenting party may submit an application to the court records.The document also allows you to confirm the legitimacy of actions, validity and legality of which is contested.The protocol reflects the results of review of the decisions of the authorized bodies of the first instance on the subject of compliance.Entries in the document may also apply to persons who are not parties to perform production.Example: The record of the hearing records imposition of a fine for violation of the hall, the imposition of private definitions and so on.In the absence of the decision document of the proceedings, of course, it is canceled.
Scope
protocol is conducted not only in disputes.This document is used in the commission of an action to facilitate the gathering of evidence, the execution of the mandate given by the authority.Minutes of the arbitration court session may contain information about the restoration of a term, considering the reduction or addition of fines.The document also recorded activities that take place before the material will be transferred to the competent authority for consideration.Thus, it is made in writing or during the inspection evidence.Record of the hearing is conducted by corrections to the decision to postpone consideration of petitions or change the order and method of execution of the order.
Content
for proper preparation of the document there is a pattern.The hearing record should reflect all the information about what was going on in the proceedings.It also contains all the necessary data about the evidence that formed the basis for a final decision.The law establishes a specific procedure for drawing up the document.Consider a sample.Record of the hearing must include:
- place, date, month and year of the proceedings.
- beginning and end of review.
- Title body hearing the case, information about the composition of the court and the secretary.
- Name production.
- information appearance of the parties involved in the consideration of witnesses, interpreters, experts and representatives.
- information on explanation to the persons of their procedural rights and duties.
- Definitions Court and the orders of the presiding handed down without removing to a meeting room.
- Explanations parties to the dispute and representatives, as well as the testimony given to the examination of the written or physical evidence, oral explanations on the findings of experts.
- findings of public authorities and the views of labor collectives and public organizations.
- Content pleadings and the conclusion of the prosecutor.
- data about disclosure of decisions and definitions.
- Information explaining the essence of the solution, period and procedure for appeal.
Features compilation
Regardless of the nature of production, in which the data are entered in the court records (civil case, criminal, administrative) information recorded on paper.Recording on magnetic and other media in the existing legislation does not provide.Not allowed reduction of turns, sentences or words.All explanations of witnesses directly stakeholders, third parties, experts are making in the first person.The record of the hearing in a civil case shall be entered and all objections of the parties in relation to actions of the chairperson.In addition, the document must be recorded all treatment participants, as well as all the information they asked to reflect on the paper.The responsibility for the timeliness, completeness and correctness of the preparation of the protocol are the secretary and the chairman of the court session.Making and signing the document must be effected not later than the day after the completion of the proceedings.
notes
Plenum of the Russian Armed Forces has repeatedly pointed to the fact that the presiding judge of the court shall be individually responsible for the technical high quality, accuracy and completeness of the contents of the protocol.He is charged with the responsibility in each case charging the person drawing up the document, prepared for this work.In addition, the presiding officer must ensure the accuracy and completeness of information reflected, the presence of all the evidence and explanations of persons interrogated during the process.He is obliged to prevent such technical performance and logging, in which its further reading, as well as the use is not possible or becomes difficult.After testing, the chairman of the document certifying it with his signature.The deadline for which the record of the hearing in a civil case must be made and signed, is of particular importance for the timely submission of dissent and appeal the decision parties to the proceedings.
Features compilation
The hearing record of all authorized organs is filled directly into the process.The participants of the proceedings have the right to apply for registration in the document the circumstances that, in their opinion, are important.Logging is carried out in the language of proceedings.All the proposed changes, additions and corrections should be addressed in accordance with Art.228 of the Civil Code.The document can be drawn by hand or to be printed.In judicial practice, allowed to use video and audio recording for complete information about the process.By the drafter of the document must meet certain requirements.In particular, the minutes of any meeting should not contain grammatical errors.At the same time, it should be sustained style and legal terminology.When entering in the record of the hearing in a civil case the question indicates the person who sets it, then its content and answer.Order that gives the presiding officer, captured in a document on its behalf in the 3rd person.Definitions are written on behalf of the court.The contents of those were made without removing the room meetings, formulate and dictate presiding.
Corrections
In drawing up the document and should be avoided, as well as dopisok, abbreviations, erasures, insertions, deletions, and other things.If there is still a need for corrections, each of them must be agreed in the document.Example: The record of the hearing may include crossed out words.Then make reservations "crossed out ... do not read."Also, there is a need to correct the incorrect delivered number, letter, word, and so on.In this case, write: "Corrections (word, number, and so on. D.) Believe."There are cases of omissions text elements.In this case, the reservation will be like, "inscribed or written ... believe."
Such term
As mentioned above, the law defined a concise period of manufacture and the signing of the protocol.This requirement also applies to cases of deposits compiling motivational track solutions.However, in practice, it can be considered particularly complex cases.These include, in particular, can be attributed to the proceedings by several plaintiffs or defendants, or with a large amount of evidence examined.In such cases, the law gives the court the right to postpone the manufacturing protocol for three days (calendar).Period starts from the next day after the announcement of the decision.Nevertheless, even in such situations, there are mandatory (binding) regulations.In particular, the court must:
- Amend the operative part of the decision in writing and signed by all the staff.
- declare, when participants in the proceedings may be familiar with the contents of the motivated.Information about this is recorded in the minutes.
- Announce resolutive fragment in the same hall in which to conclude its consideration, and attach it to the material.
final stages of preparation
Minutes of the meeting is considered to be made after the will was signed by the chairman and secretary.If the signature does not, the document will lose its relevance and effect - is no longer valid.It has the same effects as in the absence of paper: annulment of the decision.Often, due to the untimely production of long and careful preparation of the document.This is especially true for disputes that are certain complexity when considering.
comments on the trial record
participants in the proceedings, as well as representatives can read the document, and within three days to file their written objections to the presence of inaccuracies or incompleteness of the information provided.Typically, comments in the record of the hearing relate to the explanations of the parties and third parties, records of evidence, the contents of questions and answers to them.The petitions of persons on making any additions or corrections to the document should reproduce the record that, in their opinion, are not fully or properly reflect the action that took place in the consideration.At the same time, it indicates the correct corresponding validity terms.The statement also requested the court to make the necessary adjustments.Objections may be served as the whole document, and the individual fragments.The presiding judge shall explain to the parties to the procedure, according to which this kind of treatment received.This will ensure timely submission of the application and its subsequent review.Dannyyporyadok regulated by the requirements of Art.155 of the Civil Code.Explanation is given after the announcement of the decision, an explanation of its contents, the timing and the right of appeal.If there are valid reasons for a period of making comments can be restored in accordance with the law.For good reason can be different life circumstances, constitute an obstacle to the right within the statutory period.We should proceed from the specific situation (a disease of the applicant, the need to care for a disabled relative, a long business trip, etc.).
more information
arbitration protocol of the court session is of great importance in the procedural system.As described above, this paper has an important evidentiary value.Minutes of the arbitration court session which allows the sound and fair solution, orients the participants in the proceedings.This is particularly true in the case of consideration of the appeal ruling.Record of the hearing of the arbitral tribunal shall be made in accordance with the requirements set out in Art.123 AK.The content of the document is similar to the above.Protocol drawn up and during certain procedural measures.Thus, during the inspection and examination of evidence indicated the data directly to their location (construction, building, room, and so on. D.), The name and description of the materials, participants and other explanations referred to in Art.123 AK.This list is not intended to be exhaustive.The protocol also contains information about the actions of persons involved in the case.In particular, this data can be the evasion of any party to give evidence, inaccuracies translation, providing false information.The document may contain receipts for access to the hearing date.In general, the report should contain all that, according to the person conducting it, it is considered essential for the proceedings.It should be noted that the more information in the document is, the easier the presiding judge and other parties to the process to navigate.The sequence of entry of information as defined in Art.123 AK.
