Court proceedings. Execution by bailiffs
According to Art. 2 CCP judicial proceedings are oriented to timely and objective consideration and resolution of disputes to protect the disputed or violated interests and rights of people, organizations, the Russian Federation and its subjects, municipalities, officials involved in labor, civil and other legal relationships. Let us consider this institution in more detail.
Type of proceedings is duematerial and legal category of cases. For each group, independent ways and means of protecting interests and rights are envisaged. In accordance with this, the specific features of the procedures are determined. Court proceedings may be:
- Iskovym. It is aimed at resolving conflicts between specific individuals on issues of their rights and duties.
- Administrative. It is made on cases arising from public relations.
- Prikaznym. Such judicial proceedings are also called simplified. It is based on indisputable evidence.
- Special. In such proceedings there is no dispute about rights.
The course of judicial proceedings hasspecific features. Legislation provides for certain stages of the procedure. Judicial proceedings, in fact, represent a movement of the case in an authorized body. It involves a certain set of stages of its consideration and subsequent resolution. The stage of production is a specific part of it, a set of decisions and actions that are oriented toward the implementation of tasks and the achievement of the objectives of the functioning of the judicial system. A certain circle of subjects participates in the process, documents and other materials are used, various actions are carried out, deadlines are established. The stages of judicial proceedings have a strict sequence. The transition to the next stage is possible only after the completion of the previous one.
To usual (traditional) procedures it is necessary to carry:
- Initiation of judicial proceedings.
- Prepare the case for trial.
- Consideration of the dispute.
- Appeal production. It is allowed by decisions of the first instances that have not entered into force.
- Cassation proceedings. It is carried out on decisions that have entered into force, except for the decisions of the Armed Forces.
- Judicial and Executive Proceedings.
Legislation also provides for exceptional stages. They include:
- Supervisory proceedings. It is carried out in respect of decisions that have entered into force.
- Review of the case on new or newly discovered circumstances. It is allowed in respect of enacted judgments.
Adoption of the application for consideration
Judicial proceedings commence with treatmenta person whose rights, in his opinion, were violated, to an authorized body. His application is executed in writing. GIC sets certain requirements for conversion. The interested person can send the application by mail or bring it to the office in person. The bodies of judicial proceedings are obliged to verify the correctness of the preparation of the appeal. Based on the results of this procedure, a decision is made on whether to accept the application or refuse to do so.
Preparation of materials
If the application was made in accordance withrequirements of law, the next stage of production begins. Preparation for the consideration of the case is regulated by Ch. 14 GPC. It is necessary to ensure the most rapid and legitimate resolution of the dispute. Within this stage the judge:
- Clarifies all the circumstances of the legal relationship.
- Indicates that participants need to submit additional materials, assist them in obtaining the required documents.
- Defines the composition of the subjects of the process.
- It takes steps to reconcile the parties.
At the end of the stage, a determination is made on the appointment of the case to the hearing.
The third stage of production is regulated by Ch. 15 CCP. Proceedings are usually heard in an open session. The case is examined on the merits of the submitted materials. During the hearing, all the participants in the process speak, answer the questions of the judge. In some cases, meetings may be postponed, an authorized person may appoint additional activities (for example, expertise). Based on the results of the third stage, a decision is made to satisfy (partial / full) the applicant's demands or to refuse to do so.
Making a decision on the merits consideredcircumstances does not indicate the cessation of judicial proceedings. The fact is that one or another participant in the process may not agree with the adopted resolution. Legislation in such cases admits an appeal against the decision taken until it has entered into force. Appeal, in accordance with Art. 320 ГПК, can submit:
- Participants and other persons interested in the outcome of the proceedings.
- The prosecutor, if he was brought to consideration.
- External actors who did not participate in the proceedings, but the issue of their duties and rights was resolved during the process.
Court of Cassation
Legislation allows appeals and decisions that have entered into force, except for acts of the Armed Forces. It is carried out in cassation. The right to appeal is possessed by:
- Participants in the process.
- External actors, if their interests and rights were affected by the decision.
- Employees of the prosecutor's office, defined in Art. 377 GPC.
Appeals against decisions are allowed within six months from the date of their entry into force.
It is governed by Ch. 41.1 CCP. In the procedure of supervisory review, the decisions on complaints that have taken effect are reviewed:
- Participants in the process.
- Other subjects whose interests, freedoms and rights were affected by the ruling.
The legislation provides for the possibilityrevision of the case on new or newly discovered circumstances. This procedure applies to disputes, the decision on which came into effect. Consideration of the application is carried out by the same court that ruled. Review of the new / newly discovered facts of appeals, cassation, supervisory acts, which was changed or otherwise adopted, is performed by the authority that has passed a new decision or changed the previous decision.
Court proceedings in criminal cases
Its structure is somewhat different fromprocedure discussed above. The first stage of criminal proceedings includes a preliminary investigation. It includes checking of reports on a crime, execution of operatively-search actions, initiation of a case, summoning persons for interrogations and other procedural measures. All of them are aimed at establishing the circumstances of the incident, the personalities of the participants, the involvement of persons as suspects.
It is used in cases determined by law. In particular, the special order is valid:
- When making a decision in case of consent of the person with the charge against him.
- Consideration of the case by a justice of the peace.
- Participation in the jury trial.
Specific features of the CCP
Procedural legislation provides fora number of guarantees for the participants in the case. First of all, the presumption of innocence is established by norms. It means that no one can be judged guilty until his involvement in the crime is proven. The CCP also defines other additional guarantees for the participants in the process to exercise their rights. Thus, for example, the second and third instance courts are to be tried in court (on appeal and cassation orders). Norms allow the review of decisions that have entered into force, the resumption of proceedings on new or discovered facts.
Judicial and Executive Proceedings
It acts as the final stage of manyproceedings. The execution of production by bailiffs is often accompanied by a variety of difficulties. Many citizens who have won cases require qualified legal assistance to implement the decision. In the framework of the enforcement proceedings:
- An application is prepared and submitted to the FSSP.
- Transmitted IL to the authorized structures.
- Proposals are made for the seizure of property of debtors.
- Maintenance of valuation, storage and sale operations is carried out.
- Legal methods of preventing the withdrawal of assets or the conduct of fictitious bankruptcy are used. For example, the debtor's accounts are frozen.
The production of bailiffs includesseveral procedures. First of all, after accepting documents from a civil plaintiff, the debtor is determined the period in which he can voluntarily fulfill the decision. If proper actions are not taken, the stage of forced production begins. Employees of the FSSP have the right to use the methods provided for by law. They include:
- Arrest of property.
- The retention of part of the income (wages, pensions, scholarships and other income).
- The seizure of the material values determined by the decision of the debtor for subsequent transfer to the recoverer.
- Alienation of funds and property received by third parties from the obligated person.
- Other measures prescribed in the legislation and provided for by judicial decision.
In a number of cases,impeding the implementation of the court decision. In such situations, it is allowed to apply for an installment plan or postponement. This right can be used by the debtor, if it can justify the need for its use. In practice, it is allowed to change the method and terms of execution of the resolution. This action should also be motivated. Upon termination of proceedings until the debtor fully repays its obligations on the documents in the case, a corresponding mark is placed. The materials are sent to the judicial or other authorized body that issued them. At the same time, the measures that were taken earlier are subject to cancellation. Legislation does not allow the resumption of previously discontinued production.
Features of Evidence
When applying to a court, the plaintiff mustjustify their position. To do this, he must not only refer to the rules of law in his address, but also provide evidence of the defendant's violation of his rights and interests. As a confirmation, various documents can act. For example, it could be a contract of a civil law character, in which the conditions that are not fulfilled by the debtor, settlement papers, The defendant, in turn, also has the right to submit materials denying the validity of the claims of the plaintiff. Both participants may also apply for the involvement of witnesses, experts and other entities.
With regard to criminal proceedings, the burdenEvidence is laid on the prosecution. She is represented at the hearing by the prosecutor. The defendant, in turn, has the right to bring a lawyer to defend his rights. The enforcement of sentences is the implementation of sanctions provided for in the Criminal Code. They may be fines, arrest, compulsory, corrective or forced labor, imprisonment. In addition, the law provides for the possibility of applying other coercive measures. For example, it may be placing a person in a medical institution for treatment of a mental disorder, referral to a special educational institution. The latter applies to juvenile offenders.
Judicial proceedings, being legislativelyfixed form of protection of civil interests, freedoms and rights, is carried out in a strictly defined order. The provisions of the procedural codes clearly regulate all actions of officials in order to avoid exceeding their authority. So, for example, the collection of evidence should be carried out only by lawful methods. In case of violation of the requirements of the norms, the received materials, even if they directly indicate the guilt of the person, will not be accepted by the court.