Types of legal proceedings. Types of arbitration proceedings

Violation of the law inevitably entailsby bringing to justice the offender. Since the crimes are of varying severity with different consequences, then the punishment should be appropriate. It is on the basis of this inference that judicial proceedings have a fundamental classification. In this article we will consider the concept and types of legal proceedings of the Russian Federation.

What does the term "legal proceedings" mean?

Judicial proceedings are litigation,including the rules established by the Constitution of the Russian Federation and the procedure for consideration and resolution of cases in courts. The laws of the country strictly regulate the types of legal proceedings and their procedural stages.

Among the stages can be identified:

institution of proceedings (preparation);
examination in court;
sentencing or decision, which comes into force after a certain time, if the decision is not appealed.

The court, as a rule, can not becomeinitiator of the proceedings. In order to initiate court proceedings, it is necessary to have legal grounds and officially apply to the court of citizens (persons) or authorized organizations (for example, law enforcement agencies) interested in this process. The initiative of appeal can be presented in the form of a claim, a complaint, an indictment, etc.

Kinds of legal proceedings of the Russian Federation

The Constitution of the Russian Federation strictly delineates the classification of the forms of judicial proceedings. According to Art. 118 of the Constitution of the Russian Federation, there are 4 types of proceedings:

Constitutional - oversees the proper execution and compliance of the acts of the current Constitution.
Civil. This group is the most extensive and along with civil cases, it includes different types of arbitration proceedings, the subject of which is the protection of the rights of economic agents.
Administrative, the scope of which are offenses by severity are lower than criminal ones.
Criminal - considers the most dangerous crimes for society (criminal).

Constitutional Proceedings

Justice in the field of constitutional processesis administered by the Constitutional Court of the Russian Federation, whose competence and main tasks include monitoring compliance of the published normative acts with the main draft law of the country. If the court determines that the normative act or part of it contradicts the Constitution, the person or body that issued this act is obliged to cancel the bill or make appropriate adjustments.

There are several features that distinguish allother kinds of legal proceedings from the constitutional. In addition to the fact that the Constitutional Court considers a narrow range of issues, the decision taken by this court does not take effect after a certain time, but immediately after the announcement. Also, the verdict is final, not requiring confirmation of third parties and instances, and it can not be appealed.

Types of civil proceedings of the Russian Federation

Civil justice administers justice inthe sphere of private law, that is, examining cases arising between citizens of the Russian Federation, persons (physical or legal). Authorized bodies in this field are arbitration courts and courts of general jurisdiction.

Depending on the subject of the legal relationship of the privatesector, it is possible to allocate conditionally manufacture of civil (business of physical persons) and arbitration (business of legal persons) proceedings. Types of civil proceedings, according to the country's procedural code, are as follows:

Litigation. It has as its basis the principle of adversarialism, which consists in upholding one's demands on each side and challenging the demands of the opposite side. In the proceedings, the plaintiff (the claimant) and the defendant always appear.
Prikaznoe production differs from the claimthe fact that there is no dispute in it, it considers the affairs of citizens who have debts. This type of litigation is documented based on a court order (ruling issued by a judge), which refers to the property or monetary recovery from the debtor.
Special production. It differs from other types in that it involves only one party, and serves to change the legal status of certain processes. Examples of special proceedings include consideration of cases such as the recognition of a missing citizen (deceased), the adoption of a child, the recognition of a person's incapacity, the forced hospitalization of a patient in a psychiatric hospital, the recognition of property as abandoned and the transfer of ownership of it to municipal authorities,
The production of cases arising from publicprocesses. In the field of cases of this type of proceedings are: cases of citizens about challenging certain regulations, decisions or actions of local governments or other state authorities, as well as other cases from public legal relations, consideration of which falls within the competence of the civil court.

In the private sector of legal relationspersons consider arbitration proceedings, a concept whose types are intertwined with civil proceedings. But there are also differences: some arbitration processes go into an independent group, such as the examination of cases on the recognition of bankruptcy (in other words, the incapacity of a legal entity), while the recognition of the incapacity of an individual is included in the group of special civil proceedings. Thus, types of arbitration proceedings are as follows:

A lawsuit.
Special.
The production of cases arising from public.
The production of bankruptcy cases.
Other cases.

Administrative Proceedings

In the area of administrative reviewjustice include offenses, qualified by the legislature as socially harmful misconduct. This can be petty hooliganism, violation of traffic rules, damage to property of others, etc. As punishment for administrative misconduct may be fine, deprivation of certain rights, coercion to public works.

Proceedings of criminal cases

Criminal offenses are qualified associally dangerous crimes and are characterized by the greatest degree of severity, rather than administrative misconduct. Accordingly, the punishment for such acts is more serious - the imprisonment of a criminal, which in some cases, due to extenuating circumstances, can become conditional (that is, without isolating the offender to places of deprivation of liberty).

Types of criminal proceedings are divided intoprivate-competitive proceedings, in which one party requires the involvement of another in criminal liability and publicly competitive proceedings, the accuser in which is the public authority.