The concept, subject and method of civil procedure law

The Most common type of proceedings is the civil Affairs. In this article you will learn about the concept, subject and method of civil procedure law, which is closely linked to justice in civil proceedings.

The Concept of a civil process

The Process for civil cases is part of civil procedural law (GPP). What is meant by MPP? In the field of law is an independent legal branch, which is a set of certain rules. Each norm of GPP is aimed at protecting the violated or contested civil rights and interests.

Under civil process is the discipline containing a number of theories, doctrines, teachings, and injunctions in civil proceedings. In fact, civil litigation is the court's activities, the purpose of which is to protect disputed or violated rights.

The Concept, subject, sources and methods of civil procedural law are closely related with the main objectives of the sector in question. They need to explain further.

Main tasks

Civil procedural law has two main objectives. The first relates to the timely and proper resolution of cases in civil proceedings. It is necessary to protect the rights and legitimate interests of natural or legal persons, municipalities, subjects of the Russian Federation or Russia as a subject of legal relations.

The Second challenge facing the legal sector - strengthen the rule of law, timely prevention of violations of law, the formation of respectful attitude to the Russian laws.

Over the past few years, the system of science, the subject and methods of civil procedural law substantially modernized. So, in the code of civil procedure of the RSFSR, one of the challenges the legal industry was quick cases. Today, the concept of rapidity is replaced by the timeliness that the more correctly and effectively.

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Legal framework

The Whole scientific system, subject and methods of the civil procedure law form a complete system, which is divided into two parts. The first part is called General. It includes the most important provisions that can be applicable to all stages of production. In General, the system includes the concept of jurisdiction, mission, jurisdiction and the fundamental principles.

There is also a second part called special. It includes a stage of civil process and types of production. Both parts are governed by the main legal source of the industry - code of civil procedure of the Russian Federation, which consists of 7 chapters and 47 chapters. Just Code 446 articles.

Sources of civil procedural law

A Subject, the method and system of the legal industry there are separate legal documents, which in this case referred to as legal sources. What is included in the legal framework of GPP? First, is the basic law - the Constitution of the Russian Federation. The proceedings of the Constitution deals with the seventh Chapter. Second, a different international agreement. In the case of civil process it is necessary to allocate the Hague Convention of 1954 on the major issues of the civil process.

An Important group of legal sources is Federal legislation. Here it is necessary to allocate the Federal law "About judicial system" and laws that characterize certain types of proceedings (Federal law "On military courts", "arbitration proceedings" etc.).

Finally, the most important legal act in this field of law is the Civil procedure code. In this document the concept, subject, methods and system of civil procedural law.

Principles of justice

On which the fundamental principles and ideas based of the legal system? All the principles of GPP can be divided into two groups. The first group is referred to as organizational. The main element here is the principle of legality. It means that the production of civilian-type is implemented on the basis of existing legislation. The activities of the courts cannot go beyond the strictly established by law.

The Second principle established by article 108 of the Russian Constitution. It is the exercise of justice solely by the court. No other industry, except the judiciary, is unable to mete out justice.

The second group includes additional principles. This, for example, the combination of collegiality and unity of command in the court's composition. A simple example - comparing magistrate and a Supreme court. Depending on the rank of the courts can have a different composition.

It Should also identify the principles of independence of judges, equality of all before the law, the principle of the state language, transparency and openness, competitiveness, equality, etc.

Civil procedural law: subject and methods

GPP Entities constantly interacting with each other. Arising in the course of cooperation between public relations that will be the basis and subject of civil procedural law.

The Method of legal regulation in the field of law isa set of tools, techniques and methods by which the state is able to regulate relations in society. The relationship itself, as already mentioned, are an industry and subject matter associated with judicial proceedings.

Experts in the field of jurisprudence there are two method of legal regulation. Is dispositive (with free instruction) and imperative (with a strict bossy) methods. As in any other legal industry in AOP techniques are combined. However, predominate here, mandatory start, because the form of law is closely connected with judicial proceedings.

License

The Concept, subject and methods of civil procedural law are closely connected with the functioning of the legal industry in time and space.

In time the rules of GPP are produced at the time of committing the relevant proceedings. For example, it is possible to allocate the execution of judicial decisions. It does not depend on the time frame of procedural law, which is functioning at any given time.

In the space of the GPP standards are determined depending on the competence of the state body which issued the necessary for the application of the law. A significant role is played by the location of the court, which is considering a separate case or implements procedural steps. All Russian courts must be guided by the code of civil procedure of the Russian Federation. This means that procedural rules operate in all territory of the country.

There is also the division of standards'. In this case, the civil rules binding on all citizens and organizations without exception. Code of civil procedure code also applies to foreigners and persons without citizenship located on the territory of the Russian state.

Civil process

Subject and methods of civil procedural law form the principal proceedings. In accordance with code of civil procedure of the Russian Federation there are seven basic types of proceedings.

The First type is referred to as clerks. At this stage no consideration of the case, and, accordingly, the preparation for trial. This type of production involves only the imposition of court decision on recovery of the property or the monetary amount.

The Second type - action proceeding. This includes all stages of the process: filing a claim, the use of remedies and enforcement proceedings. The third type is called a special production. There are no disputes about the law. The purpose of this production is the establishment of a special fact (adoption or adoption, the recognition of disability, etc.).

Cases involving public legal relations, included in the fourth type of production. Here, the challenged regulations, decisions, acts of state organs, etc. by challenge implements the protection of rights. The fifth type of production is associated with participation in GPP of foreign persons, and a sixth type - the execution of judgments of arbitration courts. Arbitration courts are not included in the state system. This is a private instance involved in the resolution of economic disputes, the resolution of which is mandatory. The last type of production is associated with the execution of judicial decisions.

Stage of the process

The Protection or recovery of rights or legitimate interest in the court is implemented in several stages. Most experts in the field of jurisprudence there are five basic stages of the civil process.

The First phase will involve the initiation of legal proceedings. Here the question of the beginning of the proceedings on the complaint. In this case, the court shall make a decision on acceptance of the application or refusal to accept. The refusal shall be made in case of improper execution of the document, in the absence of the dispute if the case is outside the jurisdiction of the court or the petition is an incapacitated person.

In the second stage is preparing the case for trial. Determined by the circumstances of the case are investigated in terms of court Consideration of the merits is the third stage. In the end, the court shall issue a reasoned decision.

The Fourth stage involves the review of a decision in cassation or appeal, but only if the decision has not come into force. The revision of the entered into force of the decision refers to the fifth production stage. The same applies to a retrial due to newly discovered circumstances.

Thus, object, method, sources and the concept of civil procedural law are closely connected with the main procedural stages. In this case, and are themselves steps depend entirely on legal frameworks the legal industry.

Legal relations

What constitutes a legal process in civil law? It is the relations arising between subjects of civil court proceedings, which are strictly regulated by the civil legislation of the Russian Federation. Legal relations arise at the time of filing of the claim. Within five days the judge decides on the petition or on refusal in its consideration.

There are three preconditions for the emergence of legal relations. The first premise - the rate of GPP. Itcompulsory formal requirement defined by the subject matter, a method and a system of civil procedural law. The second premise is a legal fact. This is the specific action or inaction as a source of record keeping. The third important element is called legal capacity. This is a set of rights, which may dispose of the subject of GPP. What is known about the subject?

Subjects

In this type of proceedings are involved subjects in the person of the defendant and plaintiff. Also in the case involved third parties - prosecutors, judges, witnesses, concerned citizens, jurors, investigators and many others. All of them are subjects of proceedings whose rights depend on the subject matter and methods of civil procedural law.

The system of the industry involves only capable actors. If the suit was filed by a minor or legally incapacitated person, the court may refuse consideration of the case.

The proof System

Like any other industry procedure, AOP implies the presence of extensive evidence of systems to effectively protect their interests and rights. What is meant by proof in the legal system? It is regulated by the law activity of subjects of production, aimed at studying the facts of the case by providing evidence.

In short, the subject and methods of civil procedural law presuppose the five stages of proof. The first stage is associated with an indication of interested individuals to evidence. The second stage assumes presentation and disclosure of elements of proof. On the third and fourth stages is gathering and fastening of proofs, and on the last step - evaluation. It is on the basis of assessment will be allowed a particular case.