Civil Procedure

In life, different situations can arise, withwhich a legal entity or a citizen may face with 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 above characterizescivil 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 widerdefinition. 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.

The provision of judicial protection is carried out inaccordance 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 "legal 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 the 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 that are formed in their course and are connected with the implementation of justice. The specified actions are committed by the court (the body that implements justice), as well as the subjects that are brought to trial of the case.

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

The suit in the civil process is submitted in order, in fact, to begin legal proceedings. This action entails a number of other procedures.

A judge may take the case to consideration eitherTo refuse to initiate it if there are legitimate reasons 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.

Requesting documents, seizure ofthe defendant's property, the filing of a complaint about the court's decision, the application of the challenge, the appointment of the examination, the determination - these and other components constitute the proceedings.

Procedural actions in themselves possesssome features. 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 specific case develops. The formation of legal consequences is the real result of a perfect action. Thus, the filing of an action 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.