Procedural law: civil and arbitration process. Presentation - Procedural law: criminal procedure The main stage is consideration of the case



Procedural law is a set of norms legal system regulating public relations arising during the investigation of crimes, consideration and resolution of cases in criminal, civil, administrative and constitutional proceedings. Procedural law determines the rules for the implementation and protection of material: Ownership of an apartment - material law Judicial protection of this right - procedural law.


SYSTEM OF LAW SUBSTANTIAL PROCEDURAL LAW Constitutional law Civil law Family law Labor law Environmental law etc. Civil procedural law Criminal procedural law Administrative process Constitutional proceedings, etc.


Basic principles civil process. Civil procedural law is a branch of law that regulates the consideration and resolution of civil cases in court, including the order and sequence of procedural actions, the rights and obligations of participants in the process.






Participants in civil proceedings. Participants in civil proceedings are persons participating in the case and persons promoting justice. The persons participating in the process are the plaintiff, i.e. the one making the demands, and the defendant against whom the demands are being made. Only persons with procedural capacity have the right to participate in the process. For citizens, it begins at the age of 18 (in some cases, for example, after registering a marriage, they can personally defend their rights even if they are minors).





Class: 11

Class: 11.

Technology: Technology of intensification of learning based on diagrams and signs of models of educational material, information and communication technologies.

Justification for choosing the type of lesson

In conditions modern education Requirements for the quality of student training are increasing, and the amount of knowledge is increasing. In such conditions, the student is faced with an overwhelming flow of information, which he has the opportunity to glean from various sources. Information oversaturation and insufficient structuring of educational material pose the problem of memorizing and mastering theoretical and practical knowledge received at school. Forced completion of the material (most often using traditional methods) interferes with assimilation; the main thing here is the completion of the program. This situation is especially relevant for the study of social disciplines, including social science, especially in high school, where it is necessary to study and assimilate large volumes of educational material.

In order to help students study rich and voluminous information and make the process of memorizing and summarizing it more effective, I consider it necessary to use supporting logical diagrams or supporting notes that enable the student to independently structure educational material, find cause-and-effect relationships.

The system of supporting notes is interesting because it allows you to successfully combine new approaches to teaching and established methodological recipes of the traditional system. An integral part of this system is reflection, as one of the components of schoolchildren’s educational activities, which greatly increases the level of understanding and comprehension of the material being studied.

Basic notes allow you to vary the pace of passing the material and its structure, in accordance with the individual characteristics of the assimilation of historical knowledge. And the use of computers in teaching is especially promising. This is not only a visualization of the material presented, but also the development of visual thinking. Consistently forming “living contemplation” educational information, we not only use the natural properties of the students’ visual apparatus, but also develop the ability to transform visual thinking into productive thinking. All this contributes to better assimilation of material by students on the topics being studied.

Lesson type: mastering new material, systematizing and consolidating acquired knowledge.

Lesson objectives:

1) Educational:

  • familiarize yourself with the norms of criminal procedure law;
  • based on the study of the Code of Criminal Procedure of the Russian Federation, identify how the provisions of the Criminal Code are implemented, what are the rules for exposing criminals, bringing them to trial and imposing punishment;
  • develop an understanding of the differences between the criminal process and the civil process (the criminal process also includes pre-trial proceedings - the initiation of a criminal case and preliminary investigation)

2) Developmental:

  • development of skills: highlight the main, essential; summarize the available facts; think logically and abstractly;
  • develop logical thinking, generalize and specify;
  • formation of attention, ability to observe and consolidate knowledge;
  • developing the ability to compare, find differences and similarities.

3) Educational:

  • arouse the interest of students through the teacher’s story about the Code of Criminal Procedure of the Russian Federation, as well as its main functions;
  • creating positive motivation for learning;
  • increasing the information competence of students;
  • formation of the personality of students ready for life in modern society.

Teaching methods: visual, informational and developmental, reproductive, frontal survey.

Equipment: computer, media projector, tasks for practical work.

Basic concepts: criminal process, criminal proceedings (criminal prosecution); principles of criminal procedure; subjects of criminal proceedings; measures procedural coercion and preventive measures; pre-trial proceedings (initiation of a criminal case); preliminary investigation ( investigative actions: interrogation, confrontation, identification, seizure, search); judicial proceedings (trial, judicial investigation); jury trial (verdict, rights of jurors, verdict); appeal, appeal against a court decision.

Lesson plan:

  • Organizing time.
  • Updating.
  • Motivation.
  • Working with theoretical information.
  • Practical work.
  • Homework.
  • Lesson summary.

During the classes

1. Organizational moment

Mutual greeting, announcement of the topic of the lesson.

2. Update

In the last lesson we studied the features of the civil and arbitration process in the Russian Federation. Now let's check how you have mastered this material. You have one minute to review. You have received sheets with questions in the Unified State Examination form. Your task is to answer these questions within 3 minutes. Then we will check this work together.

Questions:

1. Fill in the missing concept:

The rules of the arbitration process are collected in the ________ ________ code Russian Federation.

Answer: ARBITRATION PROCEDURE.

2. Find a concept that is generalizing for all other concepts in the series presented below:

Subject of the claim statement of claim, grounds of claim, information about the plaintiff, information about the defendant.

Answer: STATEMENT OF CLAIM.

3. Find the list of participants in the civil process below and write down the numbers under which they are listed in the answer line.
1) defendant
2) plaintiff
3) defendant
4) expert
5) prosecutor
6) second person

3. Motivation

By getting acquainted with criminal law, you learned what actions the Criminal Code (Criminal Code of the Russian Federation) declares a crime and what penalties are established for them. And today we will get acquainted with the implementation of the provisions of the Criminal Code, with the rules for exposing criminals, bringing them to trial and imposing punishment. You will also learn about the differences between criminal proceedings and civil ones. judicial trial.

4. Working with theoretical information

1) Independent work with the material of the paragraph - drawing up a basic outline of the topic (task in Unified State Exam format).

You have been instructed to prepare a detailed answer on the topic “Criminal Procedure”. Make a plan according to which you will cover this topic. The plan must contain at least three points, of which two or more are detailed in subparagraphs ( work is done in notebooks);
- checking the drawn up plan (frontal survey with comments from the teacher).

Example plan:

  1. The concept of criminal proceedings.
  2. Basic principles of criminal proceedings:

A) the principle of legality;
B) justice is administered only by the court;
C) the principle of respect for the honor and dignity of the individual;
D) the principle of personal integrity;
D) the principle of inviolability of the home;
E) the principle of the presumption of innocence;
G) the principle of competition between the parties;
H) the principle of independence of judges;
I) the principle of the right to defense;
J) the principle of the possibility of appealing against procedural actions of the court and officials;
K) the principle of the state language.

  1. Participants (subjects) of criminal proceedings:

A) prosecutor;
B) investigator;
B) investigator;
D) victim;
D) suspect;
E) the accused;
G) defendant;
H) defense lawyer and prosecution lawyer;
I) witnesses;
K) experts, specialists, translators, witnesses.

  1. Measures of procedural coercion:

A) detention;
B) undertaking not to leave;
B) personal guarantee;
D) pledge;
D) House arrest;
E) detention.

  1. Pre-trial proceedings:

A) preliminary investigation;
B) investigative actions.

  1. Progress of the case in court:

A) trial;
B) judicial investigation;
C) announcement of the verdict and sentence.

  1. Procedure for appeal and complaint.
  2. Functions of the Code of Criminal Procedure of the Russian Federation.

2) Using examples (excerpts from the film “The Meeting Place Cannot Be Changed”) we will determine:

Investigative actions;

Participants in investigative actions;

We will determine whether there are procedural violations in the actions of the characters in the film (appropriate arguments must be given based on the material in the paragraph).

5. Practical work

Using the handout, complete test tasks(in Unified State Exam format).

Assignments on the topic "Procedural law: criminal procedure." - § 26

Part 1.

1. You have been instructed to prepare a detailed answer on the topic “Criminal Procedure”. Make a plan according to which you will cover this topic. The plan must contain at least three points, of which two or more are detailed in subparagraphs.

Part 2.

2. Write down the term missing in the table:

Pre-trial proceedings.

3. Find a concept that is generalizing for all other concepts presented below the series.

1) prosecutor;
2) lawyer;
3) suspect;
4) the accused;
5) witness;
6) subjects of criminal proceedings;
7) investigator;
8) investigator;
9) witness.

4. Below is a list of terms. All of them, with the exception of two, relate to the concept of “criminal procedural law”.

1) measures procedural proceedings;
2) participants in criminal proceedings;
3) basic principles of criminal proceedings;
4) collection;
5) measures of procedural coercion;
6) bankruptcy procedure.

5. Match the stages judicial proceedings and their content.

Contents of the stage

Stages of legal proceedings

A. Judicial investigation.
B. Sentencing indictment
B. Investigative actions.
D. Appeal procedure.
D. Resolution to impeach.
E. Sentencing.
G. Inquiry, investigation.
H. Debate of the parties.
I. Replies of the parties.

1. Pre-trial proceedings.
2. Trial.

6. Read the text below, each position of which is indicated by a specific letter.

(A) Punishment is a measure of government coercion imposed by a court verdict and applied to a person found guilty of committing a crime. (B) All persons who have committed a crime on the territory of the Russian Federation are subject to criminal liability according to the Criminal Code. (B) When bringing a person to the Criminal Code, the law that was in force at the time the act was committed applies. (D) Assumed. What are educational measures for minors: (for minor or moderate severity) such as: warning. Transfer to the supervision of parents or a specialized government agency, imposing an obligation to make amends for the harm caused, restricting leisure time and establishing special requirements for behavior. (D) A number of legislators express the opinion that it is necessary to reduce the age of criminal responsibility due to the complicity of teenagers in a number of crimes against persons and property. (E) Complicity - intentional joint participation two or more persons in the commission of an intentional crime.

Determine which provisions of the text are:

1) factual nature;

2) the nature of value judgments;

3) theoretical provisions.

A

7. Read the text below, in which a number of words are missing. Select from the list provided the words that need to be inserted in place of the gaps.

Justice in a criminal case in the Russian Federation is carried out only by _________(A). No one can be found guilty of committing ________(B) and subjected to criminal punishment except by a court verdict and in the manner prescribed by the Criminal Procedure Code. During criminal proceedings, it is prohibited to carry out actions and make decisions that degrade the honor of a participant in criminal proceedings, as well as treatment that degrades his human dignity or creates a danger to his life and health. Court. The prosecutor, investigator, and interrogating officer are obliged to explain to _____(B), as well as other participants in criminal proceedings, their rights, duties and responsibilities and to ensure the possibility of exercising these rights. _____(D) is presumed innocent. Until his guilt in committing a crime is proven in the manner prescribed by the Code of Criminal Procedure and established by the person who entered into legal force court verdict. The suspect or accused is not required to prove his innocence. The burden of proving the accusation and refuting the arguments presented in defense of the suspect or accused lies on the side of ____(D). An accusatory _____(E) cannot be based on assumptions.

The words in the list are given in the nominative case. Each word (phrase) can be used only once. Choose one word after another, mentally filling in each gap. Please note that there are more words in the list than you will need to fill in the blanks.

List of terms:

1) crime;

2) victim;

3) accusation;

5) protection;

6) the accused;

7) sentence.

6. Homework

7. Summing up the lesson

A) Giving marks for practical work.

B) Lesson summary (reflection):

  • Today I found out...
  • It was interesting…
  • It was difficult…
  • I completed tasks...
  • I realized that...
  • Now I know…
  • I learned…
  • Gave me a lesson for life...

Slide 3

Procedural law is the procedure for implementing and protecting substantive law.

Slide 4

The “oldest” procedural branches include:

Criminal procedural law Civil procedural law Administrative procedure. law Arbitration procedural law Constitutional process. law REGULATE JUDICIAL PROCEEDINGS

Slide 5

Legal system

Arbitration court: Resolves economic disputes between citizens engaged in business activities and organizations Magistrates' courts: consider civil, criminal, administrative cases of minor complexity as a court of first instance constitutional Court: repeals laws that contradict the Constitution and violate the rights of citizens Supreme Court: the most important body of the judiciary in civil and criminal cases

Slide 6

Arbitration procedural law, arbitration process

The arbitration court considers disputes between legal entities and citizens carrying out entrepreneurial activity without education legal entity and having the status of an entrepreneur (citizen-entrepreneurs).

Slide 7

Criminal process and its participants

Criminal procedural law (criminal procedure) is a process government agencies for the investigation and resolution of cases related to the commission of crimes. I. State bodies and officials: court (judge), prosecutor, investigator, body of inquiry and person, interrogator. II. Participants in criminal proceedings: suspect, accused, their defense attorneys, victim, civil plaintiff, civil defendant and their representatives. III. Persons involved in the process to assist state bodies in fulfilling the tasks of justice: witness, expert, specialist, translator, witnesses, secretary of the court session.

Slide 8

Judge in a criminal trial

a) the judge alone considers cases (if the sanction does not exceed 10 years of imprisonment); b) a judge and 12 jurors (consider cases that affect the public interest and are of public interest, according to the list in the Code of Criminal Procedure); c) a panel of three judges (cases of grave and especially grave crimes); d) magistrate (if the sanction does not exceed three years).

Slide 9

Civil procedure (civil procedural law)

Participants in civil proceedings: plaintiff, defendant, third parties, prosecutor, lawyer, witnesses, experts, specialists. Civil procedural law (process) is a branch of law that regulates the procedure for consideration of civil cases by the court.

Slide 10

Administrative process (administrative procedural law)

The administrative process is the procedure for carrying out public administration activities in order to implement the norms of administrative law

Slide 11

Preparatory stage

The judge opens the session and announces what case is being considered; checks the attendance of participants in the process; removes witnesses from the courtroom; announces the composition of the court

Slide 12

“Dear court!”

All participants in the process must give their testimony and explanations while standing, and address the court with the words: “Dear court!”

Slide 13

The main stage is consideration of the essence of the case

the judge reports the case, finds out whether the plaintiff supports his demands, whether the defendant recognizes the demands, whether the parties want to end the case amicably

Slide 14

The main stage is consideration of the case

After this, the judge hears explanations from the persons participating in the case (and, accordingly, their representatives) in the following sequence: Plaintiff, third parties on the plaintiff’s side, Defendant, third parties on the defendant’s side.

Slide 15

Examination of evidence: First, witnesses are questioned, then written evidence is read out, physical evidence is examined, audio or video recordings are reproduced and examined, and an expert’s opinion is examined.

Slide 16

The third stage - judicial debate

DEBATE Speeches by persons participating in the case justifying their legal and factual position, taking into account all the information and circumstances that were examined during the court hearing. The sequence of speeches in the debate is similar to the sequence of giving explanations: the prosecutor, the plaintiff and his representative; the defendant and his representative.

Slide 17

The last word

Everyone has the right to make a speech (Appendix 3) But the last word belongs to the defendant (right).

Slide 18

Final stage

At the end of the debate, the court retires to the deliberation room to make a decision. However, there is a caveat here: if some new circumstances are revealed in the debate, the court may return to the judicial investigation.

Slide 19

Judgment

The court makes a decision immediately after considering the case in the deliberation room, secretly, i.e. with the participation of only those persons who are members of the court.

Slide 20

LAW ENFORCEMENT

The Prosecutor General is appointed and dismissed by the Federation Council on the proposal of the President for 5 years. Prosecutor's Office (General, regional subjects of the Russian Federation, cities, districts) * supervises the implementation of laws * monitors whether laws are implemented correctly * are citizens' rights violated? * Speaks at trial on behalf of the prosecution * May disagree with the court's decision, filing a protest against it.

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Slide captions:

PROCEDURAL LAW Civil procedural law administrative process Lesson in 11th grade Subject: social studies

What are we going to talk about?

IN FRONT OF US,

What happened?

Before us...

Let's draw up a work plan for lesson 1. What is procedural law? a) features of procedural law b) goals and objectives of procedural law 2. What is civil procedural law? a) features of civil proceedings 3. What is administrative jurisdiction? a) features administrative process 4. Consolidation of the studied material 5. Reflection 6. Homework

Let's update our knowledge

LET'S REMEMBER... Judicial branch Justice Judicial System View state power related to the administration of justice The activity of the court in making a legal judgment about the law and the rights of the parties The totality of all courts of the state exercising judicial power

LET'S REMEMBER... Courts System law enforcement Legal proceedings Constitutional, civil, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, Supreme Courts republics, regional, regional, city courts, magistrate's court Prosecutor's office, investigative bodies, legal profession, Bodies: private detective, private security; notary Constitutional, civil, criminal, arbitration, administrative

Let's discover something new for ourselves: - what is procedural law? - what goals and objectives does it solve? - what measures of procedural coercion are applied?

LET'S REMEMBER... Procedural law Procedural law Procedural law regulates the procedure for the implementation and protection of substantive law Considers and resolves cases This is an ordered sequence of actions

LET'S REMEMBER... Procedural law Civil procedural law Criminal procedural law Constitutional proceedings Administrative process

LET'S REMEMBER...Measures of procedural coercion -detention with the sanction of the prosecutor -in emergency cases without the sanction of the prosecutor Undertaking not to leave Place in custody by court decision Bail House arrest

Let's summarize:

Let's discover something new for ourselves: 1. what is civil procedural law? 2. what problems is it designed to solve?

Civil procedural law

Using a textbook, the Internet Independently Find answers to the following questions: 1. Civil process 2. Principles of civil proceedings 3. Types of civil disputes 4. Stages of civil proceedings 5. Participants in civil proceedings 6. Judicial evidence of civil proceedings 7. Procedural terms of civil proceedings

Let's check, REMEMBER... Civil process Principles of civil proceedings Regulates the consideration by the court of civil cases and forced execution of court decisions - the right to appeal to the court of any person - equality before the law and the court of all citizens - publicity of the trial - adversarial and equal rights of the parties - mandatory court rulings-possibility of appealing a court decision

Let's check, REMEMBER... Types of civil disputes Stages of civil proceedings - property - housing - family - labor - tax - other disputes - initiation of a civil case - preparation of the case for court - trial: a) investigation of the circumstances of the case b) judicial debate - adjudication by the court decisions - cassation appeal - supervisory proceedings -

Let's check, REMEMBER... Participants in civil proceedings Costs of civil proceedings Plaintiff, defendant, third parties, prosecutor, government authorities, court, bailiff, executive authorities, witnesses, experts, members of the public Payment for witnesses, experts, search for the defendant, on-site inspection, expenses in connection with the execution of a court decision

Let's check, REMEMBER... Judicial evidence of civil proceedings Procedural terms of civil proceedings - explanations of the parties and third parties - witness statements - written evidence - physical evidence - expert opinions - preparation of the case for trial - 7 days - consideration of the case - no later than a month from the date of completion of preparation cases to court - appealing a court decision to a higher court within 10 days

Let's discover something new for ourselves: - what is administrative jurisdiction? - what problems does it solve?

Administrative jurisdiction

USING a textbook, the Internet Independently Find answers to the following questions: 1. Administrative responsibility 2. Subjects administrative responsibility 3. Types administrative penalties 4. Bodies authorized to consider cases 5. Consideration of administrative offenses 6. Appeal procedure

Let's check, REMEMBER... Administrative jurisdiction Initiation of a case regarding administrative offense Activities of state bodies in considering cases of administrative offenses - detection of an administrative offense - identification of the offender - drawing up a protocol -administrative investigation -administrative detention-personal search, search of things, vehicle -seizure of things and documents -removal from control vehicle-examination for intoxication -seizure of goods, transport, other things

LET'S REMEMBER... Types of administrative offenses AGAINST PERSONS: violation of labor laws, labor protection; campaigning during the period of prohibition; spreading false information, etc. INFRINGING ON PROPERTY: states on subsoil, water, forests, wildlife; on public property; destruction or damage to other people's property, etc. PROTECTION OF THE ENVIRONMENT AND HISTORICAL AND CULTURAL MONUMENTS INFRINGING ON PUBLIC ORDER: Purchase and storage of drugs, petty hooliganism, drinking alcoholic beverages in in public places; traffic violation, consumer deception, etc.

Let's check, REMEMBER... Consideration of a case of an administrative offense SUBJECTS OF CONSIDERATION: - courts -administrative commissions-administration municipalities- commissions for minors - heads of administrations - internal affairs bodies -state inspections PARTICIPANTS IN THE CONSIDERATION: the offender, the victim, their representatives - witnesses, expert - translator (as necessary) TERMS OF CONSIDERATION: - one - two days - up to 15 days - one month maximum

Let's check, REMEMBER... Consideration of a case of an administrative offense CLEARING THE CIRCUMSTANCES: - whether an offense has been committed - whether someone is guilty of committing it this person-whether he is subject to administrative liability (including age) -are there circumstances mitigating or aggravating the person’s liability -are there any grounds for releasing a person from administrative liability TYPES OF ADMINISTRATIVE PENALTIES: warning, fine, paid seizure of an item, confiscation of an item, deprivation special law, correctional labor, administrative arrest, deportation from the Russian Federation

LET'S REMEMBER... Issuing a decision Execution of a decision Appealing and protesting a decision TWO OPTIONS ARE POSSIBLE: - about appointment administrative punishment- about cessation of production - immediately - in deadlines-up to one to three months! After a year, not subject to execution - within 10 days - consideration of the complaint - 10 days

Consolidating new knowledge We will draw up plans in accordance with the requirements of the Unified State Exam on the topics: Procedural law Civil procedural law Administrative jurisdiction

Let's complete the task: modular triactive course, grade 11, page 189 of tasks No. 143 - 145

At the end of the lesson, we answer the questions in the notebook: Was it easy to find answers to the questions? Did you enjoy working in the lesson? How do you evaluate your work in class? How do you evaluate the work of your group?

I understand everything! I didn’t understand everything, but I want to figure it out I didn’t understand anything 1 2 3 Let’s discuss the results of the lesson Continue the sentences: - In this lesson I learned... - I thought...

Homework: 1. Textbook: carefully work through the first and second sections of textbook paragraph No. 25, answer questions for self-test 2. Textbook: carefully work out the first section of paragraph No. 27, answer questions for self-test 3. “Modular triactive course”, for 11 class complete tasks: chapter 3, topic numbers: 3.7; 3.8; 3.9; 3.14 4. Work through notes in your notebook



Topic 1. Civil procedural law: concept, subject, method and system 1.1. Civil procedural law – totality legal norms regulating social relations arising in the process of consideration and resolution by the court general jurisdiction civil cases, family, labor and other disputes within the jurisdiction of this court Civil procedural law is a set of legal norms regulating public relations arising in the process of consideration and resolution by a court of general jurisdiction of civil cases, family, labor and other disputes within the jurisdiction of this court. The subject of civil procedural law is social relations arising in the course of civil proceedings (process ) The subject of civil procedural law is social relations arising in the course of civil proceedings (process). Civil process is a set of procedural actions and procedural legal relations arising in the course of these actions related to the administration of justice civil cases. Civil process is a set of procedural actions and procedural legal relations arising in the course of these actions related to the administration of justice in civil cases. Features of the civil process: Features of the civil process: - legal regulation; - legal regulation; - the sequence of execution and content of all actions of the participants in the process are enshrined in the Code of Civil Procedure of the Russian Federation; - the sequence of execution and content of all actions of the participants in the process are enshrined in the Code of Civil Procedure of the Russian Federation; - universality of the procedural form of consideration and resolution of cases; - universality of the procedural form of consideration and resolution of cases; - strict adherence to the procedural form. - strict adherence to the procedural form.


1.3. The method of civil procedural law is a set of means, techniques and methods by which the law influences civil procedural relations. The method of civil procedural law is imperative-dispositive, with a predominance mandatory norms The system of civil procedural law is divided into General and Special parts. The General Part includes the norms of the Code of Civil Procedure of the Russian Federation that define civil proceedings and its tasks; principles; jurisdiction and jurisdiction; legal status of participants in civil proceedings; evidence and proof; court expenses And court fines, procedural deadlines. The Special Part includes the norms of the Code of Civil Procedure of the Russian Federation governing various stages of civil proceedings. The purpose of civil proceedings is the protection of violated or disputed rights, freedoms, legitimate interests subjects Civil procedural law is integral part systems of all law of the Russian state.


System legal sciences System Branch sciences Applied sciences Historical and theoretical sciences Historical and theoretical sciences Constitutional law Theory of state and law Forensics Administrative law History of state and law of Russia Criminology History of state and law foreign countries Civil procedural law Forensic medicine Civil law Legal psychology Criminal law History of political and legal doctrines Legal statistics Criminal procedure law Environmental lawLabor law


The tasks of civil proceedings are the correct consideration and resolution of cases, the timely consideration and resolution of cases, the protection of rights, legitimate interests of subjects, the strengthening of legality and order, the prevention of offenses, the formation of respect for the law and the court.




General rule operation of civil procedural rules over time Civil proceedings is conducted in accordance with federal laws in force during the consideration and resolution of a civil case and the performance of certain procedural actions.







Initiation of a civil case in court initiation of a civil case in court preparation of a civil case for trial preparation of a civil case for trial trial of a case on the merits trial of a case on the merits appeal proceedings appeal proceedings cassation proceedings cassation proceedings


International treaties and agreements International treaties and agreements Laws Arbitrage practice Judicial practice By-laws By-laws Constitution of the Russian Federation Decrees of the President Decrees of the President Resolutions of the Plenum of the Supreme Court Resolutions of the Plenum of the Supreme Court About the Judicial System of the Russian Federation About the Judicial System of the Russian Federation Government Decrees Government Decrees Civil Procedural Code Russian Federation Civil Procedure Code of the Russian Federation Law of the Russian Federation “On judicial system RF" Law of the Russian Federation "On the Judicial System of the Russian Federation" Criminal Procedural Code of the Russian Federation Criminal Procedural Code of the Russian Federation Civil Code Russian Federation Civil Code of the Russian Federation Tax code Russian Federation Tax Code of the Russian Federation Labor Code RF Labor Code of the Russian Federation Code of Administrative Offenses of the Russian Federation Law of the Russian Federation “On Justices of the Peace in the Russian Federation” Law of the Russian Federation “On Justices of the Peace in the Russian Federation” Law of the Russian Federation “On bailiffs» Law of the Russian Federation “On Bailiffs” Law of the Russian Federation “On enforcement proceedings» Law of the Russian Federation “On Enforcement Proceedings” Housing Code Russian Federation Housing Code of the Russian Federation


The limits of the validity of the norms of Civil Procedural Law The limits of the validity of the norms of Civil Procedural Law in time in space for a circle of persons The action of civil procedural rules is determined by the time of their application The action of civil procedural rules is determined by the time of their application The action of civil procedural rules extends to the entire territory of the Russian Federation The action of civil procedural rules extends to the entire territory of the Russian Federation Civil procedural rules regulate the relations of persons participating in this procedural action Civil procedural rules regulate the relations of persons participating in this procedural action


Principles of civil procedural law Civil procedural principles represent the normatively established fundamental principles that determine the construction of the process, its nature and methods for the administration of justice in civil cases. Civil procedural principles represent the normatively established fundamental principles that determine the construction of the process, its nature and methods for the administration of justice in civil cases.


Classification of principles of civil procedural law According to normative source which enshrines the principle Constitutional principles Sectoral principles - consideration of the case collectively or individually; - consideration of cases in the national language; - the principle of dispositivity; - the principle of spontaneity; - the principle of continuity. - administration of justice in civil cases only by the court; - independence of judges and their subordination only to the law; - publicity of the trial; - equal rights before the law and court; - competitiveness; - equality of the parties.


The principle of administering justice only by the court Judicial power in the Russian Federation belongs only to the courts represented by judges. The judicial power acts independently of the legislative and executive powers (Article 118 of the Constitution of the Russian Federation, Article 1 of the Law on the Status of Judges, Article 5 of the Code of Civil Procedure of the Russian Federation) Judicial power in the Russian Federation belongs only to the courts represented by judges. The judicial power acts independently of the legislative and executive powers (Article 118 of the Constitution of the Russian Federation, Article 1 of the Law on the Status of Judges, Article 5 of the Code of Civil Procedure of the Russian Federation)


The principle of independence of judges and their subordination only to the law Judges are independent and subordinate only to the Constitution of the Russian Federation and federal law. Judges are independent and subject only to the Constitution of the Russian Federation and federal law. No one has the right to interfere with judicial activity to resolve specific cases, give instructions on the resolution of a specific court case, try to put pressure on the judge. No one has the right to interfere in judicial activities to resolve specific cases, give instructions on the resolution of a specific court case, or try to put pressure on the judge. Interference in the activities of the court is punishable by law. Interference in the activities of the court is punishable by law. The independence of judges is established by Art. 120 of the Constitution of the Russian Federation, Art. 9, 10 of the Law on the Statue of Judges, Art. 8 Code of Civil Procedure of the Russian Federation. The independence of judges is established by Art. 120 of the Constitution of the Russian Federation, Art. 9, 10 of the Law on the Statue of Judges, art. 8 Code of Civil Procedure of the Russian Federation.


Publicity of the trial Proceedings in all courts are open. All persons present at the open court hearing, have the right to writing, and also use audio and video recording to record the progress of the trial. Proceedings in all courts are open. All persons present at an open court hearing have the right to record the progress of the trial in writing, as well as through audio and video recording. Photography, video recording, and broadcast of the court hearing on radio and television are permitted with the permission of the court. Photography, video recording, and broadcast of the court hearing on radio and television are permitted with the permission of the court. The court's decision is announced publicly. The court's decision is announced publicly. Trial of a case in closed court session is permitted in cases provided for by law. Trial of a case in closed court session is permitted in cases provided for by law. The publicity of the trial is regulated by Part 1 of Art. 123 Constitution of the Russian Federation, art. 9 of the Law on the Judicial System, Art. 10 Code of Civil Procedure of the Russian Federation. The publicity of the trial is regulated by Part 1 of Art. 123 Constitution of the Russian Federation, art. 9 of the Law on the Judicial System, Art. 10 Code of Civil Procedure of the Russian Federation.


The principle of equality before the law and the court Justice is carried out on the basis of equality before the law and the court of all citizens, regardless of gender, race, nationality, language, origin, property and official position, place of residence, attitude to religion, beliefs and other circumstances. Justice is carried out on the basis of equality before the law and the court of all citizens, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs and other circumstances. The procedural position of subjects is determined only by procedural law. The procedural position of subjects is determined only by procedural law. Equal judicial protection all persons (Article 19 of the Constitution of the Russian Federation, Article 7 of the Law on the Status of Judges, Article 6 of the Code of Civil Procedure of the Russian Federation). Equal judicial protection of all persons is ensured (Article 19 of the Constitution of the Russian Federation, Article 7 of the Law on the Status of Judges, Article 6 of the Code of Civil Procedure of the Russian Federation).


The principle of competition Justice is carried out on the basis of competition (clause 3 of article 123 of the Constitution of the Russian Federation, article 12 of the Code of Civil Procedure of the Russian Federation). Justice is carried out on the basis of competition (clause 3 of article 123 of the Constitution of the Russian Federation, article 12 of the Code of Civil Procedure of the Russian Federation). Each party must prove the circumstances to which it refers (part 1 of article 56 of the Code of Civil Procedure of the Russian Federation). Each party must prove the circumstances to which it refers (part 1 of article 56 of the Code of Civil Procedure of the Russian Federation). The court may invite the parties to submit additional evidence(Part 1 of Article 57 of the Code of Civil Procedure of the Russian Federation). The court may invite the parties to provide additional evidence (Part 1 of Article 57 of the Code of Civil Procedure of the Russian Federation). The parties have the right to refer to various legal facts, underlying their demands and objections (Articles 131, 137 of the Code of Civil Procedure of the Russian Federation). The parties have the right to refer to various legal facts underlying their claims and objections (Articles 131, 137 of the Code of Civil Procedure of the Russian Federation).


The principle of equality of rights of the parties The law provides, and the court provides the parties with, the same amount of procedural rights aimed at protecting the rights and interests protected by law (clause 3 of article 123 of the Constitution of the Russian Federation, article 12 of the Code of Civil Procedure of the Russian Federation). The law provides, and the court provides the parties with, the same amount of procedural rights aimed at protecting the rights and interests protected by law (clause 3 of article 123 of the Constitution of the Russian Federation, article 12 of the Code of Civil Procedure of the Russian Federation). Along with equal procedural rights, the parties also bear equal procedural responsibilities (Part 2 of Article 35 of the Code of Civil Procedure of the Russian Federation). Along with equal procedural rights, the parties also bear equal procedural responsibilities (Part 2 of Article 35 of the Code of Civil Procedure of the Russian Federation).


Principle Principle consideration of the case collegially or individually Consideration of the case in the court of first instance collegially or individually (Part 1 of Article 7 of the Code of Civil Procedure of the Russian Federation). Consideration of the case in the court of first instance is collegial or individual (part 1 of article 7 of the Code of Civil Procedure of the Russian Federation). Consideration of the case in appellate court individually (part 3 of article 7 of the Code of Civil Procedure of the Russian Federation). Consideration of the case in the appellate instance alone (Part 3 of Article 7 of the Code of Civil Procedure of the Russian Federation). Consideration of cases in the courts of cassation and supervisory authority carried out only collegiately (part 4 of article 7 of the Code of Civil Procedure of the Russian Federation). Consideration of cases in the courts of cassation and supervisory instances is carried out only collegially (part 4 of article 7 of the Code of Civil Procedure of the Russian Federation).


Principle Principle consideration of cases in the national language Civil proceedings are conducted in Russian - state language of the Russian Federation or in the state language of the republic that is part of the Russian Federation and on the territory of which the court is located (Article 9 of the Code of Civil Procedure of the Russian Federation). Civil proceedings are conducted in Russian - the state language of the Russian Federation or in the state language of the republic that is part of the Russian Federation and on the territory of which the court is located (Article 9 of the Code of Civil Procedure of the Russian Federation). Persons who do not speak the language in which legal proceedings are conducted must be provided with translators at the expense of the state. Persons who do not speak the language in which legal proceedings are conducted must be provided with translators at the expense of the state. Failure to comply with the principle of the national language of legal proceedings serves as the basis for the cancellation of a court decision or ruling (part 2, paragraph 3, article 364 of the Code of Civil Procedure of the Russian Federation). Failure to comply with the principle of the national language of legal proceedings serves as the basis for the cancellation of a court decision or ruling (part 2, paragraph 3, article 364 of the Code of Civil Procedure of the Russian Federation).


The principle of discretion Participants in the process have the opportunity to dispose of their material rights and means of their protection. Participants in the process have the opportunity to dispose of their material rights and the means of protecting them. Persons have the right to go to court, change the subject or basis of the claim, withdraw from the claim, admit the claim, file a complaint, withdraw it, conclude settlement agreement etc. (Article 46 of the Constitution of the Russian Federation, Article 9 of the Civil Code of the Russian Federation, Part 1 of Article 1 of the RF IC, Articles 9, 3, 4, 35, 39, 42, 173, 320, 326, 428, 430 of the Civil Procedure Code of the Russian Federation). Persons have the right to go to court, change the subject or basis of the claim, withdraw from the claim, admit the claim, file a complaint, withdraw it, enter into a settlement agreement, etc. (Article 46 of the Constitution of the Russian Federation, Article 9 of the Civil Code of the Russian Federation, Part 1 of Article 1 of the RF IC, Articles 9, 3, 4, 35, 39, 42, 173, 320, 326, 428, 430 of the Civil Procedure Code of the Russian Federation).


Principle of immediacy Judges deciding a case are required to take the evidence collected personally. Judges deciding a case are required to take the evidence collected personally. The decision in the case is based on the evidence examined at the court hearing. The decision in the case is based on the evidence examined at the court hearing. The immediacy of perception of the material in the case is a guarantee of establishing judicial truth (Part 2 of Article 146, Articles 157, 195 of the Code of Civil Procedure of the Russian Federation). The immediacy of perception of the material in the case is a guarantee of establishing judicial truth (Part 2 of Article 146, Articles 157, 195 of the Code of Civil Procedure of the Russian Federation).


Principle of continuity The meeting is held continuously with the exception of rest periods. The meeting is held continuously except during rest periods. Until the completion of the consideration of the initiated case or the postponement of its proceedings, the court has no right to consider other civil, criminal or administrative cases. Until the completion of the consideration of the initiated case or the postponement of its proceedings, the court has no right to consider other civil, criminal or administrative cases. Continuity is a guarantee of correct research and evaluation of evidence (Article 157 of the Code of Civil Procedure of the Russian Federation). Continuity is a guarantee of correct research and evaluation of evidence (Article 157 of the Code of Civil Procedure of the Russian Federation).


Procedural deadlines Procedural deadlines are established by articles and a number of other articles of the Code of Civil Procedure of the Russian Federation. Procedural deadlines are established by articles and a number of other articles of the Code of Civil Procedure of the Russian Federation. Establishment procedural deadlines contributes to the prompt and timely consideration of civil cases in court. The establishment of procedural deadlines contributes to the prompt and timely consideration of a civil case in court.


Types of procedural deadlines: deadlines, established by law(mandatory for the court and for persons participating in the case and cannot be changed); deadlines established by law (binding for the court and for persons participating in the case and cannot be changed); Time limits established by the court (set by the court only for persons participating in the process, and, if necessary, can be changed by the court itself. Time limits established by the court (established by the court only for persons participating in the process, and, if necessary, can be changed by the court itself.


Time limits for trial Can only be established by law. Can only be established by law. The time limits for consideration of cases in the court of first instance are divided into general and shortened. The time limits for consideration of cases in the court of first instance are divided into general and shortened. Total term- before the expiration of two months from the date of receipt of the application by the court, and by the magistrate - until the expiration of a month from the date of acceptance of the application for proceedings (Article 154 of the Code of Civil Procedure of the Russian Federation). The general period is until the expiration of two months from the date of receipt of the application by the court, and by the magistrate - until the expiration of a month from the date of acceptance of the application for proceedings (Article 154 of the Code of Civil Procedure of the Russian Federation).