Justice in the Russian Federation according to the Constitution is carried out through judicial proceedings: civil, criminal, constitutional and administrative.
The consideration of cases is regulated by civil andarbitration procedural law. Accordingly, the procedure for resolving cases is called a civil or arbitration process. Civil litigation is a specific, defined and regulated by the rules of civil law, the activities of all its participants, including enforcement agencies of judicial decisions.
The fundamental principles of civil proceedings are as follows:
- equality of all before the court and law;
- the opportunity to protect their rights by any means not prohibited by law;
- universal right to inviolability of secrets (personal and family), private life, protection of good name and honor
- the ability to use the native language during the process.
The trial is a series ofstages, representing its independent parts, united by a set of procedural actions that are aimed at achieving certain goals.
Such stages are:
- initiation of civil proceedings;
- preparing him for trial;
- issuing a court order;
- the production in court of the second and supervisory instance;
- review of court decisions on new (discovered) circumstances.
The trial of the case does not always go through all these stages in practice. But the first three are mandatory, the others can be absent if they are not necessary.
The trial is conducted in accordance withterms established by the legislation. Civil cases under the law are considered and resolved in the period after 2 months from the date of submission of the application, and by magistrates - one month. Cases about recovery of alimony and restoration to work are allowed in a month.
Proceedings are held at a court session, of which the persons participating in it are necessarily notified in advance.
The trial begins with the consideration of the caseessentially in the form of a report by the presiding judge or judge. After that, they go on to find out whether the claimant supports all previously stated demands, whether the defendant acknowledges them, and also specifies whether both sides want to complete the matter by an amicable agreement.
Then the court hears the plaintiff, the defendant and third parties participating in their parties, as well as others involved in the process. The listed persons may in his course ask questions to each other.
If there is a statement about the fraudulent evidence in the case, the court may order an expert examination.
After studying the evidence,the presiding officer goes on to ask other participants in the process if they are willing to provide additional explanations. If such applications are not followed, then the consideration of the case on the merits is considered complete.
The trial is over by the parties,representing the speeches of the participants in the case and their representatives. The first to appear is the plaintiff with his representative, after them - the defendant with his representative. The right of the last cue after the debate is always given to the respondent.
There are such types of proceedings aslitigation; cases of special production; arising from public relations; cases involving foreigners; cases on challenging the decisions made by the arbitral tribunals, and issuing enforcement orders to enforce the decisions of these courts forcibly.
The trial is aimed at timely(exactly in accordance with the deadlines) and the proper consideration of civil cases, the protection of violated rights, interests and freedoms, the strengthening of law and order and the prevention of violations.