Determination of the court of first instance in the civil procedure and its types

Features of the disputable legal relationship determine the specifics of the consideration of cases of certain categories. Civil proceedings presuppose a special procedure for resolving conflicts. Depending on the nature and characteristics of legitimate interests and rights, special rules for the initiation, consideration and decision-making on individual groups of disputes are formulated.

Criteria of differentiation

Types of legal proceedings are divided into:

1. Specificity of material relations. It determines the procedural features of the proceedings and the resolution of cases of certain categories.
2. The indisputability of the subject.

Accordingly, the CCP defines three types of proceedings:

1. The complaint . He regulates under. 2, sect. 2, ch. 14-24.
2. Special litigation. It is adjustable under. 3, Sec. 2, ch. 25-29.
3. Special production. He regulates under. 4, sect. 2, ch. 30-39.

Characteristic

The lawsuit is a trial of cases by the court of first instance. Proceedings are conducted in accordance with the general rules. This category of cases has a special feature. In them there is a dispute about the right, which can come from violation, challenge or threat of infringement of interest in the upcoming time, uncertainties of interactions between subjects. Such conflicts result from the relations provided for in Article 24 of the CCP (Part 2). Subjects of special action are:

1. A state agency or an official who is on civil service - on the one hand.
2. Yurlitso or citizen - on the other hand.

In the order of a special non-genuine production, cases in which there is no dispute about the right are considered.

Additionally

Chapter 13 of the CCP defines the rules for the investigation and resolution of cases within the framework of enforcement proceedings. It presupposes the issuance of an order on an indisputable demand. At the same time, the recoverer and the debtor are not summoned to meetings and are not heard. The legislation establishes a list of requirements that are resolved in this order.

Determination of the court of first instance in the civil process: concept

Within the framework of the proceedings, questions may arise, the solution of which must be formalized in accordance with the rules of the CCP. – это постановление, которое выносится по ходу разбирательства и не разрешает дело по существу. The ruling of the court of first instance in the civil proceedings is a ruling that is passed during the proceedings and does not resolve the case on the merits. Such acts express the administrative activities of an official. выносится в совещательной комнате. As a general rule, the decision of the court of first instance in the civil process is made in the advisory room. The decision consists of an introductory part, descriptive, motivational and final. The main difference from the decisions is that this act does not complete the initiated civil process.

Determination of the court of first instance: types

The classification of resolutions is carried out according to various criteria:

1. To the content.
2. Subjects.
3. Form.
4. The way of challenging.
5. Order of removal.

Content

может быть: Depending on this criterion, the definition of the court of first instance in the civil procedure may be:

1. Preparatory.
2. Precise.
3. The final.
4. On execution of decisions.
5. Private.

Preparatory acts

They solve problems that contribute to the normal movement or development of the case. направлено на формирование необходимых условий для защиты интересов и прав уже на первом заседании. These include the definition of the preparation of materials for the proceedings, the involvement of stakeholders in the hearings, the appointment of expertise, etc. Any such definition of the trial court in the civil process is aimed at creating the necessary conditions for the protection of interests and rights at the first meeting.

Suppressive and final decisions

The first prevent further movement or initiation of the case. In particular, they are decisions on the return of the application, on leaving it without consideration, on the termination of proceedings because the plaintiff does not have the right to file a statement. By the will of the parties, a final determination of the court of first instance in the civil process can be made . случая вынесения такого акта – оформление мирного соглашения. An example of the case of such an act is the formulation of a peace agreement. The final resolution is also adopted if the applicant refuses to file a claim.

Private Acts

These definitions are a means for the judge to react to violations of the law, which were committed by citizens or officials, significant shortcomings in the activities of organizations, institutions, enterprises and their associations identified in the proceedings. Such decisions are made on the basis of established circumstances simultaneously with the decision, but a separate document. The initiator of registration is the court. In such an act specific violations are noted with the requirement to eliminate them. Obliged persons are required to report within a month about the fulfillment of their instructions, which contain a particular definition of the court of first instance. таких актов не допускается. In the civil procedure, appeals against such acts are not allowed. The public prosecutor can present his protest to a private resolution.

Differentiation by subject

On this basis, the definitions are:

1. Collective.
2. Individual.

The current legislation provides for two options for dealing with cases. Disputes can be considered by one official or several. Individual and collegial decisions can be made before the decision enters into force.

The form

This is another distinguishing feature, which is the definition of the court of first instance in the civil process. различаются в зависимости от способа оформления. Types of definitions vary depending on the method of design. In particular, the act may be a separate document or its content can be recorded in the protocol. The latter option is used if it is necessary to resolve a simple question. It is recorded in the protocol. It also indicates the motives for which these or other conclusions were drawn, as well as, in fact, the very definition of the court of first instance in the civil process. отельного документа заполняется в соответствии с требованиями ГПК. A sample hotel document is filled in accordance with the requirements of the CCP.

Specificity of the design

Consider the general rules, according to which a separate definition of the court of first instance in the civil process is drawn up . документа содержит вводную часть. The sample document contains an introductory part. It indicates:

1. The name of the court and its composition.
2. The name of the case.
3. Time.
4. The question on which the resolution is adopted.

In the narrative, the essence of the problem, opinions and arguments of the participants of the meeting are presented. The court also expresses its conclusions. In doing so, he must motivate his opinion. The resolution part contains a direct solution to the question. It also indicates the period and procedure (if the procedure is provided for by law), according to which it is possible to challenge the ruling of the first instance court in the civil process. должен быть подписан должностным лицом, вынесшим постановление, а также заверен печатью. The form must be signed by the official who issued the decision, and also stamped.

Execution of the resolution

From the category of the act, the moment at which the definition of the court of first instance in the civil process takes effect depends. For some decisions, it coincides with the date fixed for the decision. Other acts take effect separately. The first include those that prevent the subsequent movement of the case, as well as those that are being appealed in private. Other decisions are executed in the same way as the decision in the case. Immediately come into force definitions that satisfy the application for review of the final act, including on the newly discovered circumstances.

Nuances

The consequences of entry into force of definitions and decisions differ from each other. Preparatory decisions are not exclusive. In this they differ from the final acts. The vast majority of definitions have such a feature as compulsion. At the same time, those acts that are contested separately from decisions are endowed with irrefutability in addition. Meanwhile, all definitions have no prejudiciality. This is due to the fact that all the conclusions that are present in them are not regarded as final. They can be corrected during the proceedings without the cancellation of an earlier act. Entering into force, the definition is endowed with the property of fulfillment. At the same time, some of them are implemented immediately. For example, this is the definition of a private meeting, on securing the claim.

Correspondence manufacture

It is a proceeding that is conducted with the consent of the plaintiff in the absence of a defendant who did not appear after a proper notice of the place and time of the hearing, and at the same time did not disclose the existence of valid reasons for it. According to Article 260 of the CCP, the meeting is organized according to general rules. The hearing examines the evidence submitted by the parties to the dispute, takes into account their arguments and makes a decision. It is called correspondence. The copy is sent to the respondent, and in the cases specified by the legislation - to the plaintiff within three days.

Challenging

The defendant can appeal against the absentee decision in one of two ways. The first option involves sending an application to the body that issued the act, within 5 days. The second way is drawing up an appeal appeal to a higher court. In the latter case, the defendant will have 15 days. In the application, the subject indicates:

1. The name of the body that made the decision.
2. Information about yourself.
3. A list of circumstances that indicate the validity of the reasons for the absence of the defendant at the hearing. These facts must be supported by documents. The defendant can also provide a list of circumstances that may influence the course of the case, as well as their evidence.
4. A request.
5. List of applications.

According to Article 267 of the CCP, the application is considered within 10 days from the date of receipt. After the end of this period, the court makes a determination. In it, he decides to leave the request of the person without satisfaction or to reverse the decision and send the case for revision.

Requirements

When issuing any court order, regulatory orders must be complied with. Among the general requirements, it should be noted:

1. Legality. It involves the adoption of a decision in strict accordance with the rules of substantive and procedural law applicable to a particular case.
2. Reasonableness. It involves an account of the motives that guided the court in issuing the resolution. This means that in the act all circumstances relevant to the case must be present, evidence of the justification of the conclusions on them is given.

In addition, there are special requirements to the regulations. They are:

1. Completeness. It means that the act gives answers to all the questions posed, all the problems that have arisen are resolved.
2. Certainty. It presupposes the accuracy of answers that preclude a double interpretation of the conclusions.
3. Unconditional. It means that the execution of a court ruling does not depend on any conditions.

It is worth saying that these principles are used in the systems of different countries. For example, any decision or ruling of the court of first instance in the civil process of the Republic of Bashkortostan, Kazakhstan, etc., corresponds to these requirements.

Conclusion

The definition of a court, therefore, is an act that solves the issues that arise during the proceedings. This decree does not solve the case on its merits, but in a number of situations it can suspend or complete the proceedings. In any case, the definition is an important procedural document. In this regard, it must comply with the requirements of the CCP. This means that the act must be carried out, as a general rule, in the advisory room. If the question that is decided by the definition is not complex, the adoption of the definition is carried out during the course of the meeting. In this case, a separate document is not drawn up, and all relevant information on the issue is recorded in the record. The court's decisions, including those aimed at supplementing or correcting the decision, may be lodged with a complaint. Exceptions are private resolutions.