Activities in the courts are mainly carried out in the lawsuit proceedings. According to it, civil, family, labor matters and other emerging legal relations are considered. This article will address issues of the concept and essence of lawsuit proceedings.
The concept of the claim form of protection
For the purpose of consideration and adjudication during court hearings, this form is used. Its main features are as follows:
consideration and resolution of cases in courts is determined by the relevant procedural codes;
those persons who participate in the case, or their representatives may take part in the consideration of the case;
they can influence the course of the process and making a lawful decision;
the concept and essence of the lawsuit involves the availability of adversarial proceedings.
Signs of a lawsuit
Consideration of the concept, essence and features of the lawsuit will begin with the latter in relation to the lawsuit. These include:
the presence of a claim, which contains requirements of a substantive nature that arise due to a violated or disputed right of one of the parties to the process, which should be considered by the court, which has jurisdiction over the case; there is a dispute about subjective law;
there are two parties in court who have opposing views on the case in question and have equal rights.
Use of the claim form of protection
The latter can be used in arbitration courts. Basically, this form provides the essence of the lawsuit in a civil proceeding. The main features of this form are inherent in the arbitration process. The procedural forms are equal to each other, the same rights can be protected in courts of various jurisdictions. The main features of the claim forms in all the courts in question are the same, which determines the single essence of the form in question.
Concept of a lawsuit
Consider what the concept of lawsuit is in the representation of the lawsuit. The latter is a certain procedural form, with the help of which the disputed or the right that has been violated is protected. Consequently, the lawsuit is a controversial claim from the substantive point of view of one side of the case to another, which should be considered in a specific procedural order.
It must necessarily contain the requirements of one party (plaintiff) to the other (defendant). In this case, the latter may bring a counterclaim to the first side. If the claim contains the requirements of several plaintiffs or defendants, the court may separate some of them into separate legal proceedings.
The party submitting this application to the court may refuse it, which means a waiver of the claims against the defendant. The court may decide to secure the claim, which will guarantee the security of one party to the other.
Any person can apply to the court to protect their rights. By filing a statement of claim , a case is initiated on a specific process. Unlike other similar statements to courts or other state authorities, a lawsuit must necessarily contain requirements for the opposite side of the case and for its consideration in a specific procedural order.
The essence of the claim is that it combines two types of claims: the plaintiff against the defendant and him to the court. The court may agree with the requirements of the plaintiff and satisfy the claim if it is justified, or refuse to satisfy it in the opposite case. Any such statement must be based on legal facts.
Elements of a lawsuit
In total, this statement contains two elements: the subject and the basis. Consider the essence of the lawsuit in relation to the elements of the lawsuit.
They are necessary because they provide individualization of the latter. With their help, the circumstances of the case are concretized, and a certain line of defense is built against the claims in the lawsuit.
The concept of lawsuit in civil proceedings
The Code of Civil Procedure provides that the dynamics of a claim is possible only by its elements. With their help, the direction, progress and features of the trial in a particular process are determined.
The subject of the lawsuit is a demand that is presented by one party to the other to eliminate and restore the right. The material object of the dispute also refers to it. In the event of a change in the size of claims, they are noted only in part of the subject of the claim relating to the latter.
The grounds given in this application to the court are legal facts, on the basis of which the plaintiff claims the defendant. The latter form the actual basis of the claim. The concept and essence of the lawsuit is that in order to satisfy the requirements of the person filing this application to the court, it is necessary to cite not only facts, but also relevant rules of law. This rule applies to all procedural forms. Despite the fact that the Code of Civil Procedure does not indicate obligatory legal justification of the claim, the latter are present in the agro-industrial complex, the rules of the Arbitration Court and other regulatory documents.
Classification of pending court applications
Claims are divided into procedural and substantive legal classifications. On the first allocate applications for award and recognition. The second nature of the claims is different. It determines the amount of judicial protection, direction, jurisdiction, subjective composition of the dispute.
The most common award claims. In them, the plaintiff not only asks to recognize his right in the case under consideration, but also turns to the court with a request to induce the defendant to perform certain actions or, conversely, to refuse to perform them. These lawsuits in the concept of lawsuit proceedings are called executive in the event that the defendant is awarded the execution of certain actions or claims for prohibition in the second action considered above.
Applications to the court for recognition are aimed at eliminating the uncertainties and disputes of law. When filing this type of claim, the defendant is not forced to commit any actions in favor of the plaintiff. These claims are called established, because the court must establish whether or not the disputed law exists.
A court decision may also be aimed at protecting the violated right. With the help of these claims, it is possible to establish both the disputed law and the same obligation. These types of claims, in turn, are classified into positive and negative. The first is considered one that recognizes the disputed law, and the second - aimed at recognizing the absence of such.
The concept of the right to claim
The concept of a lawsuit includes the right to a lawsuit, which, in turn, contains two powers: the presentation and satisfaction of a lawsuit. The right to file this application with the court is determined by the Constitution of the Russian Federation. The judge's refusal to accept the claim is allowed if the plaintiff does not have the first of the considered rights. This right must be substantiated both from the legal and factual side of the case.
An interested person may have the first right, but he may not have the right to his satisfaction. A typical example is the filing of a claim in a case in which the limitation period has expired. The right to file an application is present, but the right to satisfy is virtually absent.
General prerequisites for this right
The general prerequisites of the first of the considered rights are:
civil procedural rights and related obligations;
jurisdiction of a case to a particular court - with this premise, courts are faced everywhere and often;
the absence of a court decision that entered into force on a dispute between the parties to the case under consideration on the same subject, on the same grounds, or in the absence of a court ruling after the plaintiff refuses the pending application to terminate the proceedings or the absence of an approved amicable settlement between the parties;
the decision made by the Arbitration Court on the same subject and the same grounds with the same participants in the process, except for the refusal by this court to issue a writ of execution for the enforcement of its decision in a forced manner.
The right to claim implies the right to refuse it. Moreover, the latter means for the plaintiff the impossibility of a subsequent appeal to the court on the same subject and grounds with the participation of the same parties. The consequences are explained by the court only to the plaintiff, since the consequences of the termination of legal proceedings in the case do not concern the defendant.
Regardless of the fact that the plaintiff refused the lawsuit, the defendant is not deprived of the opportunity to file a similar lawsuit.
Specific Prerequisites for Claims
In addition to the general assumptions discussed above, there are their special varieties. In some cases, an out-of-court procedure for resolving a dispute has been established, and only if this event is held and consensus is not reached during its implementation, the plaintiff can go to court.
Special prerequisites include the spouse's consent to the dissolution of the marriage, which the husband declares during the pregnancy of the spouse and one year after the moment the child was born.
If there is a lack of prerequisites for initiating legal proceedings, the claim should not be accepted. If their absence is detected at the time of consideration of this case, legal proceedings on it are terminated.
Arbitration proceedings
The agro-industrial complex requires mandatory reference to regulatory documents in the lawsuit. The essence of the lawsuit in the arbitration process is the fact that when applying to the court for several defendants, the requirements must be determined for each of them. For such a statement, the content of the claim must be brought to the court in question. It is reflected in the petition clause of the claim.
In arbitration proceedings, claims are additionally classified according to the nature of the protected interest to those directed in defense of other persons, indirect, in defense of state. and public interest and personal.
The claim in the arbitration court is signed, as a rule, by the head of the organization, legal adviser or individual entrepreneur. A document attesting to the authority of the manager or his representative is attached to it. If it is absent, the lawsuit remains motionless.
The statement of claim must give the full name of the arbitration to which the plaintiff applies, the name of the plaintiff, defendant, and also third parties if they are involved in the consideration of this case. The lawsuit must indicate its price. The amount to be recovered from the plaintiff must be scheduled as calculated.
If the arbitration has taken measures to ensure the property interests of the plaintiff, the lawsuit must indicate when and by which court the decision was made. The plaintiff must send a statement with the documents attached to it to all parties to the case by registered letter with notification.
Claim proceedings in Kazakhstan
The concept and essence of the lawsuit proceedings of the Republic of Kazakhstan are similar to those in Russia. Protection of the rights of individuals and legal entities in Kazakhstan is carried out by recognition of the former, restoration of the situation that existed before the violation of the law and suppression of actions that could potentially violate or even create a threat of violation of the law.
The court may decide to fulfill the obligation in kind, change or terminate the legal relationship, recover damages and forfeits from the offender.
Special production
Consider the concept, the essence of special production and differences from the lawsuit. In this proceedings there is no dispute about the law, and therefore there are no disputing parties. In this type of production, the court considers cases of civil proceedings, which confirm or refute the circumstances or legal facts affecting the occurrence, dynamics and termination of both property and personal rights of citizens, or cases establishing an indisputable right.
Also, this type of production is used to establish the legal status of a citizen. In its implementation, a dispute about the fact is possible. If there is a dispute about the right, the application is left without consideration when clarifying the applicant the right to action. The case is brought by the applicant; third parties can participate in the proceedings.
Finally
This article discusses the concept, essence and characteristics of the lawsuit, its differences from the special legal proceedings, the features of its application.