Jurisdiction of civil cases. Distribution of competences between courts

The world of human relationships is characterized by extraordinary diversity. Often in the course of professional activities, in everyday life and even in the personal sphere, contradictions arise, which grow into disputes and conflicts. As a rule, conflict situations are resolved through agreements and compromises. But there are cases when the solution of the problem requires outside intervention. To restore justice and the rights of citizens, not to mention the scope of administrative and criminal offenses, the powers and competence of state bodies and public organizations are often not enough.

The resolution of conflicts in the judicial system is a universal way of regulating relations in the sphere of constitutional, criminal, administrative and civil cases. Being an organ withdrawn from the system of the executive hierarchy, courts are guided by the principle of jurisdiction for the ordering of the resolution of disputes and conflicts. This principle allows the right and clear distribution of powers among the courts, determine the validity and legality of decisions taken. Everyone is guaranteed the right to defense in court, and any court decision becomes final and binding.

The jurisdiction of civil cases allows them to be considered in courts of general jurisdiction and in arbitration courts. In the current legislation, a civil case is considered as a set of circumstances in which there is a need to protect legitimate interests, freedoms, rights violated or disputed.

The jurisdiction of civil cases is determined by a number of criteria. Among them, the nature of the dispute (its relation to economic, entrepreneurial activity or other legal relationships) is the main one, followed by the definition of the subject composition (the composition of the participants in the dispute). The jurisdiction and jurisdiction of civil cases is also determined by the controversy or the indisputability of law. This criterion is influenced by the existence of the contract, the nature of the legal act, as well as by which body participated in the adoption of the normative act.

The jurisdiction of civil cases to courts of general jurisdiction has a universal character in terms of competence. Almost all of the civil proceedings, which are not within the jurisdiction of the arbitral tribunal, are dealt with by courts of general jurisdiction.

In this case, the jurisdiction of civil cases includes lawsuits involving citizens, organizations, state authorities, institutions of local self-government on issues related to violation of legitimate interests or challenges to rights, as well as issues arising from legal relations in family, land, housing , Labor, environmental and other spheres of life.

Also, courts that are related to general jurisdiction are entrusted with the examination of cases that are resolved in the order of order execution, and disputes arising in the course of public legal relations; Cases, included in a special production.

Their competence also includes challenging decisions made by arbitration courts, issuing enforcement orders for enforcement, reviewing cases involving the recognition and enforcement of judgments of other countries, and arbitration decisions that are foreign.

Jurisdiction of civil cases is a rather extensive issue, it may even go beyond the limits of the stipulated framework. But, nevertheless, thanks to this legal category, the boundaries of the emergence of the right to appeal to the court are delineated.

Also, with the help of an aspect known as the jurisdiction of civil cases, the boundaries between the judiciary and the executive, legislative branches are defined. It is a legal fact with a concrete factual composition, which determines the origin of the civil process.

Appeal to the court leads to the fact that subordination passes from a legal condition to the category of legal fact, which is established by the judge, having made a decision to initiate a case in the order of civil proceedings. The actual factual composition is a legal fact, subordination is determined by its kind.