Court proceedings. Execution by bailiffs

According to Art. 2 CCP judicial proceedings are oriented to timely and objective consideration and resolution of disputes to protect the disputed or violated interests and rights of people, organizations, the Russian Federation and its subjects, municipalities, officials involved in labor, civil and other legal relationships. Let us consider this institution in more detail.

Classification

The type of legal proceedings is determined by the substantive category of cases. For each group, independent ways and means of protecting interests and rights are envisaged. In accordance with this, the specific features of the procedures are determined. Court proceedings may be:

1. Forced. It is aimed at resolving conflicts between specific individuals on issues of their rights and duties.
2. Administrative. It is made on cases arising from public relations.
3. Prikaznym. Such a judicial proceeding is also called simplified. It is based on indisputable evidence.
4. Special. In such proceedings there is no dispute about rights.

Features

The course of judicial proceedings has specific features. Legislation provides for certain stages of the procedure. Judicial proceedings, in fact, represent a movement of the case in an authorized body. It involves a certain set of stages of its consideration and subsequent resolution. The stage of production is a specific part of it, a set of decisions and actions aimed at realizing the tasks and achieving the objectives of the functioning of the judicial system. A certain circle of subjects participates in the process, documents and other materials are used, various actions are carried out, deadlines are established. The stages of judicial proceedings have a strict sequence. The transition to the next stage is possible only after the completion of the previous one.

Stages

The usual (traditional) procedures include:

1. Initiation of judicial proceedings.
2. Prepare the case for trial.
3. Consideration of the dispute.
4. Appeal production. It is allowed by the decisions of the first instances that have not entered into force.
5. Cassation proceedings. It is carried out on decisions that have entered into force, except for the decisions of the Armed Forces.
6. Judicial and Executive Proceedings.

Legislation also provides for exceptional stages. They include:

1. Supervisory proceedings. It is carried out in respect of decisions that have entered into force.
2. Review of the case for new or newly discovered circumstances. He is allowed in respect of enacted judgments.

Adoption of the application for consideration

Court proceedings begin with the application of a person whose rights, in his opinion, were violated, to an authorized body. His application is made in writing. GIC sets certain requirements for conversion. The interested person can send the application by mail or bring it to the office in person. The bodies of judicial proceedings are obliged to verify the accuracy of the appeal. Based on the results of this procedure, a decision is made on whether to accept the application or refuse to do so.

Preparation of materials

If the application was drawn up in accordance with the requirements of the law, the next stage of production begins. Preparation for the consideration of the case is regulated by Ch. 14 GPC. It is necessary to ensure the most rapid and lawful resolution of the dispute. Within this stage the judge:

1. Clarifies all the circumstances of the legal relationship.
2. Indicates that participants need to submit additional materials, assist them in obtaining the required documents.
3. Defines the composition of the subjects of the process.
4. It takes steps to reconcile the parties.

At the end of the stage, a determination is made on the appointment of the case to the hearing.

Proceedings

The third stage of production is regulated by Ch. 15 GPC. The case is usually heard in an open session. The case is examined on the merits of the submitted materials. During the hearing, all the participants in the process speak, answer the questions of the judge. In some cases, meetings may be postponed, the authorized person has the right to appoint additional measures (for example, expertise). Based on the results of the third stage, a decision is made to satisfy (partial / full) the applicant's claims or to refuse to do so.

Appeal

Making a decision on the merits of the circumstances examined does not indicate the termination of the proceedings. The fact is that one or another participant in the process may not agree with the adopted resolution. Legislation in such cases allows appeal of the decision taken until it has not come into effect. Appeal, in accordance with Art. 320 ГПК, can submit:

1. Participants and other persons interested in the outcome of the proceedings.
2. The prosecutor, if he was brought to consideration.
3. Outside actors who did not participate in the proceedings, but the issue of their duties and rights was resolved during the process.

Court of Cassation

Legislation allows appeals and decisions that have entered into force, except for acts of the Armed Forces. It is carried out in cassation. The right to appeal is possessed by:

1. Participants in the process.
2. Third-party subjects, if their interests and rights were affected by the decision.
3. Employees of the prosecutor's office, defined in Art. 377 GPC.

Appeals against decisions are allowed within six months from the date of their entry into force.

Supervisory procedure

It is regulated by Ch. 41.1 CCP. In the procedure of supervisory review, the decisions on complaints that have taken effect are reviewed:

1. Participants in the process.
2. Other subjects whose interests, freedoms and rights were affected by the ruling.

Additionally

The law provides for the possibility of reviewing the case on new or newly discovered circumstances. This procedure applies to disputes, the decision on which came into effect. Consideration of the application is carried out by the same court that ruled. Review of the new / newly discovered facts of appeals, cassation, supervisory acts, which was changed or otherwise adopted, is performed by the authority that has passed a new decision or changed the previous decision.

Criminal Proceedings

Its structure is somewhat different from the procedure discussed above. The first stage of criminal proceedings includes a preliminary investigation. It includes checking of reports on a crime, execution of operative-search actions, initiation of a case, summoning persons for interrogation and other procedural measures. All of them are aimed at establishing the circumstances of the incident, the personalities of the participants, the involvement of persons as suspects.

Special order

It is used in cases determined by law. In particular, the special order is valid:

1. When making a decision in case of consent of the person with the charge against him.
2. Consideration of the case by a justice of the peace.
3. Participation in the jury trial.

The specifics of the CCP

The procedural legislation provides for a number of guarantees for the participants in the case. First of all, the presumption of innocence is established by norms . It means that no one can be held accountable until his involvement in the crime is proven. The CCP also defines other additional guarantees for the participants in the process to exercise their rights. So, for example, it is provided for the production in court of the second and third instance (on appeal and cassation orders). Norms allow review of decisions that took effect, the resumption of proceedings on new or discovered facts.

Judicial and Executive Proceedings

It acts as the final stage of many proceedings. The execution of production by bailiffs is often accompanied by a variety of difficulties. Many citizens who have won cases require qualified legal assistance to implement the decision. In the framework of the enforcement proceedings:

1. An application is prepared and submitted to the FSSP.
2. Transmitted IL to the authorized structures.
3. Requests are made for the seizure of property of debtors.
4. Maintenance of valuation, storage and sale operations is carried out.
5. Legal methods of preventing the withdrawal of assets or the conduct of fictitious bankruptcy are used. For example, the debtor's accounts are frozen.

Events

The production of bailiffs includes several procedures. First of all, after accepting documents from the civil plaintiff, the debtor is determined the period in which he can voluntarily execute the decision. If proper actions are not taken, the stage of forced production begins. Employees of the FSSP have the right to use the methods provided for by law. They include:

1. Seizure of property.
2. The retention of part of the income (wages, pensions, scholarships and other income).
3. The seizure of the material values determined by the decision of the debtor for the subsequent transfer to the recoverer.
4. Alienation of funds and property received by third parties from the obligated person.
5. Other measures prescribed in the legislation and provided for by judicial decision.

Nuances

In a number of cases there are circumstances that impede the implementation of the court decision. In such situations, it is allowed to apply for an installment plan or postponement. This right can be used by the debtor, if it can justify the need for its use. In practice, it is allowed to change the method and terms of execution of the resolution. This action should also be motivated. When the proceedings are terminated before the debtor fully repays its obligations on the documents in the case, a corresponding mark is placed. The materials are sent to the judicial or other authorized body that issued them. At the same time, the measures that were taken earlier are subject to cancellation. Legislation does not allow the resumption of previously discontinued production.

Features of Evidence

When applying to a court, the plaintiff must justify his position. For this, he needs not only to refer to the rules of law in his address, but also to provide evidence of the defendant's violation of his rights and interests. As a confirmation, various documents can act. For example, it could be a contract of a civil law character, in which the debtor's outstanding conditions, settlement papers, etc., are registered. The defendant, in turn, also has the right to submit materials denying the validity of the claims of the plaintiff. Both participants may also apply for the involvement of witnesses, experts and other entities.

With regard to criminal proceedings, the burden of proof lies with the prosecution. She is represented at the hearing by the prosecutor. The defendant, in turn, has the right to bring a lawyer to defend his rights. The enforcement of sentences is the implementation of sanctions provided for in the Criminal Code. They may be fines, arrest, compulsory, corrective or forced labor, imprisonment. In addition, the law provides for the possibility of applying other coercive measures. For example, it may be placing a person in a medical institution for treatment of a mental disorder, referral to a special educational institution. The latter applies to juvenile offenders.

Conclusion

Judicial proceedings, being a legislatively fixed form of protection of civil interests, freedoms and rights, are carried out in a strictly defined order. The provisions of procedural codes clearly regulate all actions of officials in order to avoid exceeding their authority. For example, the collection of evidence must be carried out only by lawful methods. In case of violation of the requirements of the norms, the materials received, even if they directly indicate the person's guilt, will not be accepted by the court.