Justice in the Russian Federation in accordance with the Constitution is carried out through legal proceedings: civil, criminal, constitutional and administrative in nature.
The consideration of cases is regulated by civil and arbitration procedural law. Accordingly, the procedure for resolving cases is called a civil or arbitration process. Civil litigation is a specific activity, determined and regulated by the norms of civil law, of all its participants, including enforcement bodies .
The fundamental principles of civil proceedings are as follows:
- the equality of all before the court and the law;
- the ability to protect their rights by any means not prohibited by law;
- universal right to inviolability of secrets (personal and family), private life, protection of a good name and honor
- the opportunity to use the native language during the process.
A trial is several successive stages, which are its independent parts, united by a set of procedural actions that are aimed at achieving specific goals.
These stages are:
- initiation of civil proceedings;
- preparing him for trial;
- trial ;
- issuing a court order;
- proceedings in court of the second and supervisory instances;
- Revision of court decisions on new (discovered) circumstances.
Proceedings do not always go through all these stages in practice. But the first three are mandatory, the rest may be absent if they are not necessary.
The trial is conducted in accordance with the deadlines established by law. Civil cases are legally considered and resolved within 2 months from the date of application, and justices of the peace - one month. Cases on recovery of alimony and reinstatement to work are permitted within a month.
The trial is held at a court session, of which persons participating in it are required to be notified in advance.
The trial begins with the consideration of the case on the merits in the form of the report of the presiding judge or judge. After that, they go on to find out whether the plaintiff supports all the previously stated requirements, whether the defendant recognizes them, and also clarifies whether both parties want to complete the matter by amicable agreement.
The court then hears the plaintiff, defendant, and third parties participating on their parties, as well as others participating in the process. The listed persons may ask questions to each other during its course.
If a statement is received about the false evidence in the case, the court may order an examination.
After studying the evidence, the presiding judge proceeds to asking other participants in the process if they would like to give further explanations. If such statements do not follow, then the consideration of the case on the merits is considered completed.
The trial ends with a debate between the parties, which is the speech of the participants in the case and their representatives. The plaintiff begins with the first to speak with his representative, after them - the defendant with his representative. The right of the last remark after the debate is always granted to the defendant.
There are such types of legal proceedings as lawsuits; special proceedings; arising from public relations; cases involving foreigners; cases on contesting decisions made by arbitration courts, and issuing writ of execution for enforcement of decisions of these courts in a forced manner.
The trial is aimed at the timely (exactly in accordance with the terms) and correct consideration of civil cases, protection of violated rights, interests and freedoms, strengthening the rule of law and the prevention of offenses.