Civil Procedure

In life, there can be different situations in which a legal person or a citizen may face the need to protect their rights. The interested person can bring a case against those who dispute or violate his rights. Thus, a concrete civil process is formed in a particular case. In it takes part the court, which is obliged to resolve the conflict, the plaintiff (the person defending his rights), the defendant (the person brought to answer). Other interested parties, experts, witnesses, interpreters, etc. also participate in the review procedure.

The definition described above characterizes the civil process in its narrow sense. Its specificity is due to the presence of the court, the time of its holding is limited by the real framework. Participants at the same time are individual, and the legal relations between them are regulated by the legal norms applicable to this or that situation.

At the same time, there is a broader definition. The civil process in this sense is regarded as a social phenomenon. It is associated with the need for society to ensure the protection of civil rights. The Constitution of the country is the guarantor of judicial protection.

The principles of the civil process are enshrined in legislation.

Provision of judicial protection is carried out in accordance with a certain order. In the Constitution of the Russian Federation this order is defined as administrative, civil, criminal and constitutional legal proceedings. The concepts of "judicial proceedings" and "civil process" are identical. Both that and other concept represents first of all the order of consideration and the permission of affairs. It is established by norms and provisions, enshrined in civil procedural law. At the same time, judicial proceedings should be considered as part of justice. It, in turn, is defined as the activity of the judiciary, which is the resolution of specific issues, as well as the application in accordance with the norms of the law of state coercion to certain persons. In this sense, the civil process should be called a set of procedural actions and legal relations, which are formed in their course and are connected with the implementation of justice. These actions are committed by the court (the body that administers justice), as well as the subjects that are brought to trial.

Judicial proceedings, therefore, can be defined as the procedure for the commission of appropriate actions, as rules established by law.

The claim in the civil process is filed in order, in fact, to start the proceedings. This action entails a number of other procedures.

The judge may take the case to consideration or refuse to initiate it in case there are legitimate grounds for this. On the basis of legal norms, the persons participating in the case, as well as the court, have ample opportunities to carry out procedural actions.

Reclamation of documents, seizure of the property available to the defendant, filing a complaint about the definition of the court, the application of the challenge, the appointment of an examination, the determination of these and other components constitute proceedings.

Procedural actions in themselves have some peculiarities. So, the law determines their content, provides for the possibility of their failure to commit or commit. The implementation of activities in the judicial process is, as a rule, subject to a certain sequence or it proceeds from the logic according to which the process for a particular case develops. The formation of legal consequences is the real result of a perfect action. Thus, the filing of a claim means the inclusion in the proceedings of the plaintiff's case, the defendant or third parties and the acquisition by them of the rights that are consistent with the law in the framework of the proceedings.