The concept of civil procedure is reflected in the Civil Procedure Law. This legal proceedings is a regulated set of actions of the court, all participants in the procedure, as well as bodies for the enforcement of judicial decisions. Legal proceedings perform certain tasks, as a result of which a civil case is correctly and timely considered and resolved. At the same time, the disputed or violated legal rights, interests, as well as freedoms of the individual, organization, country, state entities, municipal entities and other persons - subjects of labor, civil or other legal relations are protected. Civil proceedings are designed to help strengthen the rule of law and the rule of law, prevent delinquency, and form a respectful attitude towards court and law in society.
Proper resolution, first of all, provides for the validity and legality of the outcome. By timeliness we mean following the deadlines established by law for consideration, resolving cases.
The objectives of legal proceedings are mainly to ensure the protection of the violated interests of those entities that are involved in a contentious legal relationship. It should be noted that when listing entities whose interests are to be protected, legislation puts citizens first. This, in turn, reflects the equality of all actors in a legal society.
As a more distant goal, the judicial procedure sets the strengthening of law and order, the prevention of offenses, as well as the formation in society of a respectful attitude to the law and the judiciary. Achieving this goal is carried out both in the consideration and resolution of a single judicial procedure, and in the administration of justice in general.
The stages of the civil process are a set of procedural procedures that are aimed at the immediate goal. These include, in particular, the adoption of an application, the preparation of legal proceedings, court proceedings, etc.
Stages of the civil process:
- Filing a claim, complaint, claim. Acceptance of the application for production by a judge is called the initiation of proceedings.
- Preparing for the trial. At this stage of the civil process, the judge takes certain actions to ensure the correctness of the consideration and resolution at the next stage. Such actions of the court include calling witnesses, collecting evidence and others.
- The trial is considered the main stage in the civil process. At this stage, a substantive review is carried out. The trial usually ends with a decision.
These three stages of the civil process relate to the production of the trial court.
- Executive production. It takes place in cases where the enforcement of a decision (decision) requires the use of judicial coercive measures. Typically, enforcement proceedings complete the process (under normal development).
- Revision of those court orders that have not entered into force. These actions are carried out as part of the cassation proceedings. The decision can be appealed to the higher authority in a cassation order within ten days. Unjustified and unlawful decisions are subject to appeal.
- Review of judgments that have entered into force as part of judicial review. This stage is considered exceptional and extraordinary. This is due to the fact that, firstly, decisions that have entered into force are reviewed, and secondly, protests within the framework of supervision are allowed to be brought only to certain officials of the prosecutor's office or court.
- Review of decisions that have entered into force in connection with the discovery of new circumstances.