Civil litigation is aThe order regulated by the set of norms, which includes the procedure of the court. At the court there is protection of civil rights of a person, or a subject of the Russian Federation. Among the trials, such cases are of primary importance.
Civil proceedings have basically the following objectives:
- timely resolution of civil cases to protect the disputed or violated interests, freedoms and rights of not only citizens, but also organizations;
- consideration of a wide range of rights and interests of the Russian Federation and its subjects.
Civil litigation mustto promote the strengthening of the ideas of law and order, the prevention of violations, a respectful attitude not only to the court, but also to the law was formed.
There are four types of civilian production. Let us dwell in more detail on a brief description of the goals and tasks of each of them.
Prikaznoe civil legal proceedings - this is the so-called documented andindisputable production. It is based on the order of the court, which acts simultaneously as a judicial decision. Usually he is taken by the judge solely and concerns collection of money. Or else we are talking about demanding property from the debtor. The decision is an executive document.
Civil Litigation. The basis of such cases is a dispute over anyright. The main difference from the order is competition, since the proceedings of each case will take place in the form of a dispute between the opposing sides. The parties need to uphold the claims and challenge the claims that the other party puts forward.
Cases that arise from public relations - independent civil proceedings. The concept includes the presence of judicial control over the extent to which the actions of state bodies, as well as organizations in relation to citizens, are lawful.
The Court considers the following cases within the framework of this type:
- Challenging of normative acts.
- Challenging actions (or omissions) and decisions of state authorities. In addition, we are talking about officials, local authorities, as well as municipal or state employees.
- Protection of the right to vote or the right to participate in a referendum of Russian citizens.
- Other cases that arise out of public affairs, and which placed the federal law in charge of the court.
Special proceedings, which differs from the claim in that there is no dispute about the law and the disputing parties. These are not litigation but unilateral cases, which concern:
- the establishment of facts that are of legal significance;
- the adoption of the child;
- recognition of a citizen missing or declaring an individual a deceased person;
- restrictions on legal capacity or recognition of a person as legally incompetent;
- restriction or deprivation of a minor's right to dispose of his income by himself;
- declaring a minor competent, declaring his emancipation;
- recognizing the thing (movable) ownerless, as well as recognizing the right of municipal property to it;
- restoration of rights for securities (order or bearer), which were lost;
- the establishment of the hospitalization (compulsory) of the subject in the psychiatrist and the possibility of compulsory psychiatric examination;
- additions to civil acts;
- refusal to perform notarial acts;
- restoration of lost production in court.
The procedure for civil proceedings is standard and clearly spelled out, compliance with it is mandatory.
