In case of violation of rights or infringement of interests, the subject may apply for their restoration to different authorities. The most common form of defense is to file a lawsuit. Consideration of a claim (complaint) is carried out according to the established rules in several stages. The first is a preliminary hearing. In the civil process, this stage is of particular importance. Let us further consider this stage in detail.
General information
Appeal to the court is one of the ways to protect the interests and rights guaranteed by the state. The ability to submit claims to an authorized authority is provided for by the Constitution. Subjects can apply with requirements of both non-property and property nature. At the same time, these entities are guaranteed the opportunity to appeal against unlawful actions / inaction of the institutions of power or their decisions contrary to law.
Normative base
The authorized authority accepts the application for production, guided by the established requirements and rules. Proceedings are also subject to the requirements of the law. In general, the whole complex of actions is called a lawsuit. The current standards establish the duties and powers of the competent authority, determine the rules of conduct for participants in the proceedings. All relations between the parties to the case are regulated in the Code of Civil Procedure. The Code defines the civil procedure, methods and cases of appeal against decisions, as well as other features of the procedures. Not only the plaintiff and the defendant can participate in the consideration of the case, but also other persons at the invitation of the court or the motion of the parties.
Preliminary meeting in civil proceedings
After accepting the application, the official authorized to consider it carries out a number of mandatory actions. They are aimed at ensuring the subsequent movement of the case. The preliminary hearing is aimed at identifying flaws in the statement, establishing the sufficiency of the evidence presented, the validity of the arguments. Based on this, the official makes a decision. If the claim does not meet the requirements of the Civil Procedure Code, then it can be left without movement. Moreover, if the identified deficiencies can be corrected, the plaintiff is given for this specific time. If at the end of the allotted corrections / clarifications are not made, the claim shall be considered non-filed. Accordingly, all previously submitted materials are sent back to the applicant. If there are no obstacles to the further movement of the claim, it is accepted for production. The parties are informed of the preliminary court hearing in the prescribed manner.
Specificity
The preparatory hearing in the civil process accelerates the consideration of the case. At this stage, the parties are given the opportunity to correct the deficiencies of the requirements, clarify them or provide additional documents and petitions. The total duration of these events is not defined in the law. It is installed separately for each specific case. Along with this, the terms should not go beyond the reasonable. Acting as an initial stage, the preliminary hearing is auxiliary. The actions of the authorized person at this stage determine the overall progress of the case. A preliminary hearing in a civil proceeding is a necessary stage in many situations. It does not depend on the complexity of the dispute, the subject of the claim, the number of participants and other circumstances.
Institute Development
The legislation governing civil proceedings has undergone many changes. New institutions were introduced into the legal system. The changes touched not only directly the proceedings, but also the principles on which it is based. During the reform of the system, the question arose of including the preliminary session as an obligatory stage in the process. Previous rules did not provide for the preparatory phase. Currently, a preliminary hearing in a civil proceeding is considered to be the determining stage in the further progress of the case. As part of this procedure, follow-up actions of the participants are formulated.
Nuances
Some experts believe that a preliminary hearing is not always appropriate. Meanwhile, the legislation provides for certain cases to be binding, which seems quite reasonable. In practice, the courts are appealed for a variety of reasons. In any case, the person authorized to hear claims needs time to verify compliance with legal requirements. In addition, the preliminary hearing in the civil process is the stage at which the responsibilities of the participants are distributed, a set of measures and rules for their further behavior are formulated. At this intermediate stage, the authorized person gets acquainted not only with the requirements and evidence, but also determines the need to attract third parties, including specialists from various fields of activity (expert, for example).
Actions of the parties
A preliminary hearing is held with notice of the participants. At this stage, the parties are vested with the rights that they exercise before a decision is made. The plaintiff at this stage may:
- Clarify or supplement the requirements.
- Provide new / additional materials proving that he is right.
- To solicit documents that he cannot submit himself.
- Submit requests, petitions. For example, he may request a third party expert.
The defendant is given less opportunity. Nevertheless, the actions of this participant are also mainly aimed at providing additional information on the merits. The defendant has the right:
- Provide an objection to the application.
- Present materials refuting the plaintiff's arguments.
- Submit motions and counterclaims.
- Indicate the limitation period.
Material reclamation
As mentioned above, it can be carried out at the request of the plaintiff. The legislation also gives the court the right, on its own initiative, to seek documents and materials relating to the dispute. To do this, an order, a letter, a request is sent to the appropriate authorities (institutions, government agencies, etc.). In addition, the court has the right to request additional information that it needs to make a reasoned, lawful and objective decision.
Goals
The primary task is determined by the directive actions of the authorized person and the parties to the dispute. The parties commit them independently, at the request of or by order of the court. For example, in the latter case, the defendant may be required to object to the claims. Participants may also apply for any activities. As part of the intermediate stage, the court determines the sufficiency of evidence and materials in the case. Another goal is the establishment of all circumstances that are relevant to the trial of the dispute on the merits. This is achieved by studying the arguments presented by the parties, objections. Relevant conclusions are also made when considering written statements and explanations. At the preliminary hearing, the defendant may indicate the expiration of the statute of limitations, and the court, in turn, has the opportunity to verify this fact, give a proper legal assessment and respond if necessary.
results
Holding a preliminary hearing can not only significantly reduce the overall time it takes to resolve a dispute, but also complete the proceedings. At this stage, the authorized person is entitled to carry out activities by which the proceedings will be terminated. Legislation also allows for the suspension of proceedings at this stage. In this case, a preliminary determination is evidence of the preliminary court session. If the plaintiff for some reason did not appear at the hearing, the application may be left without consideration. At an intermediate stage, participants can also draw up a settlement. The applicant has the right to voluntarily refuse the claims that he submitted. In turn, the defendant may recognize the claim. This will also lead to the end of production. If both participants fail to appear, the court has the right to schedule a second preliminary hearing. On it, the situation described above may be repeated or the time of the next stage will be determined, at which the case will be examined on the merits.
Important point
It should be said separately about the indication of the defendant for the missed time period. If the court determines that the period for submitting the application has really expired, and there was no evidence of valid reasons and no application for its restoration was sent, this will have negative consequences. In particular, the requirements will remain unsatisfied. However, it should be borne in mind that the applicant himself may not be aware that the statute of limitations has expired. Accordingly, he will not be able to immediately provide explanations or evidence of the validity of the reasons for missing. In this regard, the court must find out all circumstances and facts in order to avoid making a decision that violates someone’s rights.
Conclusion
If at the preliminary stage there are no grounds for suspension or termination of the proceedings, the requirements are not left without consideration, the court makes a determination and appoints the first full hearing. The feasibility and necessity of carrying out preparatory measures is determined by the authority authorized to hear the case.