Civil Procedure Law
Civil Procedure Systemensures the regulation of property relations arising between different persons. All of them, being parties to the interactions, should own property in a certain amount. The concept of civil procedural law provides for the use of property at personal discretion within the law. At the same time, the state can enter into the developing relations of the parties as an equal participant.
The civil procedural law is fixedprovisions of the Civil Code. His articles specify the specific features of private regulatory interactions. Civil procedural law establishes these features in accordance with the following characteristics:
1. Non-intervention (or minimal interference) of state power in relations arising in the context of the industry under consideration. Under the minimum intervention understand the protection of the interests of the nation, the environment and so on.
2. Presence of initiatives and dispositions of the parties acquiring and realizing their rights in their own interests, by their will.
3. Independent responsibility.
4. Judicial protection of rights. This guarantees equality and independence of the parties to the relationship in question.
Civil procedural law regulates social relations. They, therefore, are the subject of the industry under consideration.
The subject, which regulates the civilprocedural law, contains property relations. They arise and always exist either because of the finding of property from a particular person, or in connection with the process of transfer of property from one participant to another. In the first case, they talk about property relations, and in the second case they talk about obligatory relations.
Real interaction, therefore, is due to the possession or ownership of a property for which an agreement or contract has not been entered into.
Obligatory relations are conditioned by the transfer of property benefits from one person to another. Thus, the exchange of civil-law objects is being realized.
There are also personal non-property relations. They are connected with material goods, which are considered inseparable from the person.
The subject of civil law should bealso relationships that are directly related to property. When entering into such interactions, the subject may experience consequences related to the material good.
The subject of regulation is also exclusively personal relations, which are formed with respect to the protection of dignity and honor, personal privacy and so on.
When disputes arise, the law provides forformation of civil process. Applicants, third parties and other interested parties participate in cases related to the establishment of facts of legal significance and related to insolvency (bankruptcy) of citizens and organizations. In the proceedings related to claims in defense of public and state interests, state bodies, the prosecutor, institutions and organizations representing local authorities and other self-governing bodies act as participants.
All parties to the process can learn about thematerials, extracts, to file objections, to participate in the examination of the evidence, to provide additional information to submit petitions, ask questions, object to the request. Participants also have the right to give explanations to the court, to present their arguments, to appeal against acts and to use their other rights provided for in the Civil Procedure Code.
