Stages of civil process
The notion of civil process is reflected inCivil Procedure Law. This legal procedure is a regulated set of actions of the court, all participants in the procedure, as well as bodies for the execution of court decisions. Judicial proceedings perform certain tasks, as a result of which the civil case is properly and timely handled and resolved. At the same time, protection of the disputed or violated legal rights, interests, as well as freedoms of the individual, organization, country, subjects of the state, municipal entities and other persons - subjects of labor, civil or other legal relations is provided. Civil proceedings are designed to strengthen the rule of law and law, prevent offenses, and build a respectful attitude to the court and law in the society.
The correct resolution, first of all,provides for the validity and legality of the outcome. Under the timeliness of understanding the adherence to the terms, which are established by law for consideration, resolution of cases.
The objectives of the proceedings are, mainly, in theensuring the protection of the violated interests of those entities that are involved in the framework of disputable legal relations. It should be noted that when enumerating subjects whose interests are subject to protection, legislation places citizens first. This, in turn, reflects the equality of all actors in a legal society.
As a more remote goal, thestrengthening law and order and the rule of law, preventing delinquency, as well as the formation in the society of respect for law and the judiciary. This goal is achieved both in the examination and resolution of a single judicial procedure, and in the administration of justice in general.
The stages of the civil process area set of procedural procedures that are directed to the nearest goal. They include, in particular, the adoption of an application, the preparation of proceedings, proceedings in court and so on.
Stages of civil process:
- Submission of statement of claim, complaint, claim. Adoption of an application for a judge is called commencement of proceedings.
- Preparation for the trial. At this stage of the civil process, the judge takes certain actions to ensure the correctness of the examination and resolution at the next stage. Such actions of the court include the call of witnesses, the demand for evidence and others.
- The trial is considered civilprocess the main stage. At this stage, substantive consideration is carried out. Judicial proceedings, as a rule, result in a decision.
These three stages of the civil process relate to the proceedings of the court of first instance.
- Executive production. It takes place in those cases when in the execution of a decision (decision) it is necessary to use judicial coercive measures. Usually, enforcement proceedings complete the process (under normal development).
- Revision of those decisions of the court that are notcame into force. These actions are carried out in the cassation proceedings. The decision can be appealed within ten days to a higher authority in cassation. The procedure for appealing unjustified and unlawful decisions is subject to appeal.
- The revision of the decrees, which entered into force,in the framework of judicial supervision. This stage is considered exceptional and extraordinary. This is due to the fact that, firstly, the decisions that have entered into force are revised, and secondly, the protest in the framework of supervision is allowed to bring only certain officials of the prosecutor's office or court.
- Revision of the decisions that came into force in connection with the discovery of new circumstances. </ ul </ p>