Types of legal proceedings. Types of arbitration proceedings

Violation of the law inevitably entails bringing to justice the offender. Since the crimes are of varying severity with different consequences, then the punishment should be appropriate. It is on the basis of this inference that judicial proceedings have a fundamental classification. In this article we will consider the concept and types of legal proceedings of the Russian Federation.

What does the term "legal proceedings" mean?

Judicial proceedings are litigation, including the rules and procedure established by the Constitution of the Russian Federation and the procedure for reviewing and resolving cases in judicial instances. The laws of the country strictly regulate the types of legal proceedings and their procedural stages.

Among the stages can be identified:

• Institution of proceedings (preparation);
• Examination in court;
• The issuance of a sentence or decision, which comes into force after a certain time, if the decision is not appealed.

The court, as a rule, can not become the initiator of the procedural proceedings. In order to initiate court proceedings, it is necessary to have legal grounds and officially apply to the court of citizens (persons) or authorized organizations (for example, law enforcement agencies) interested in this process. The initiative of appeal can be presented in the form of a claim, a complaint, an indictment, etc.

Kinds of legal proceedings of the Russian Federation

The Russian Constitution strictly delineates the classification of the forms of litigation. According to Art. 118 of the Constitution of the Russian Federation, there are 4 types of proceedings:

1. Constitutional - oversees the proper execution and compliance of the acts of the current Constitution.
2. Civic. This group is the most extensive and along with civil cases, it includes different types of arbitration proceedings, the subject of which is the protection of the rights of economic agents.
3. Administrative, the scope of which are offenses by severity are lower than criminal ones.
4. Criminal - considers the most dangerous crimes for society (criminal).

Constitutional Proceedings

Justice in the field of constitutional processes is administered by the Constitutional Court of the Russian Federation, whose competence and main tasks include monitoring the compliance of the published normative acts with the main draft law of the country. If the court determines that the normative act or part of it contradicts the Constitution, the person or body that issued this act is obliged to cancel the bill or make appropriate adjustments.

There are several features that distinguish all other types of litigation from the constitutional one. In addition to the fact that the Constitutional Court considers a narrow range of issues, the decision taken by this court does not take effect after a certain time, but immediately after the announcement. Also, the verdict is final, not requiring confirmation of third parties and instances, and it can not be appealed.

Types of civil proceedings of the Russian Federation

Civil proceedings are administering justice in the field of private law, that is, examining cases arising between citizens of the Russian Federation, persons (physical or legal). Authorized bodies in this area are arbitration courts and courts of general jurisdiction.

Depending on the subject of legal relations of the private sector, it is possible to conditionally distinguish between the production of civil (cases of individuals) and arbitration (cases of legal entities) proceedings. Types of civil proceedings, according to the procedural code of the country, are as follows:

• Litigation production. It has as its basis the principle of adversarialism, which consists in upholding one's demands on each side and challenging the demands of the opposite party. In the proceedings, the plaintiff (the claimant) and the defendant always appear.
• Prikaznoe production differs from the claim in that there is no dispute in it, it considers the affairs of citizens who have debts. This type of litigation is documented on the basis of a court order (a decree issued by a judge), which refers to the property or pecuniary punishment from the debtor.
• Special production. It differs from other types in that it involves only one party, and serves to change the legal status of certain processes. Examples of special proceedings include the recognition of a citizen missing (dead), the adoption of a child, the recognition of a person's incapacity, the forced hospitalization of a patient in a psychiatric hospital, the recognition of property as ownerless and the transfer of ownership of it to municipal bodies,
• The production of cases arising from public processes. In the field of cases of this type of proceedings are: cases of citizens about challenging certain regulations, decisions or actions of local governments or other state authorities, as well as other cases from public legal relations, consideration of which falls within the competence of the civil court.

In the private sector of legal relations of the case of legal entities, arbitration proceedings are considered, a concept whose types are interwoven with civil proceedings. But there are also differences: some arbitration processes go into an independent group, such as the examination of cases on the recognition of bankruptcy (in other words, the incapacity of a legal entity), while the recognition of the incapacity of an individual is included in the group of special civil proceedings. Thus, types of arbitration proceedings are as follows:

• The complaint.
• Special.
• The production of cases arising from public.
• Manufacturing of bankruptcy cases.
• Other cases.

Administrative Proceedings

In the field of administrative justice consideration are offenses, qualified by the legislature as socially harmful misconduct. This can be petty hooliganism, violation of traffic rules, damage to property of others, etc. As punishment for administrative misconduct may be fine, deprivation of certain rights, coercion to public works.

Criminal proceedings

Criminal offenses are classified as socially dangerous crimes and are characterized by the greatest degree of severity than administrative misconduct. Accordingly, the punishment for such acts is more serious - the imprisonment of a criminal, which in some cases, due to extenuating circumstances, can become conditional (that is, without isolating the offender to places of deprivation of liberty).

Types of criminal proceedings are divided into privately-competitive proceedings, in which one party requires the involvement of another in criminal liability and publicly competitive proceedings, the accuser of which is the state body.