Jurisdiction of civil cases. Distribution of competencies between courts

The world of human relationships is extremely diverse. Often in the process of professional activity, in everyday life, and even in the personal sphere, contradictions arise, developing into disputes and conflicts. As a rule, conflict situations are resolved through agreements and compromises. But there are times when resolving the issue requires outside intervention. To restore justice and the rights of citizens, not to mention the sphere of administrative and criminal offenses, the powers and competencies of state bodies and public organizations are often not enough.

Judicial resolution of conflicts is a universal way to resolve relations in the field of constitutional, criminal, administrative and civil cases. As a body derived from the executive hierarchy system, the courts, in order to streamline the resolution of disputes and conflicts, are guided by the principle of jurisdiction. This principle allows you to correctly and clearly distribute the powers among the courts, to determine the validity and legality of the decisions taken. Each person is guaranteed the right to a defense in court, while any court decision becomes final and binding.

The jurisdiction of civil cases allows you to consider them in courts of general jurisdiction and in arbitration courts. In the current legislation, a civil case is considered as a combination of circumstances in which it becomes necessary to protect the legitimate interests, freedoms, rights of the violated or challenged.

The jurisdiction of civil cases is determined by a number of criteria. Among them, the main one is the nature of the dispute (its relationship with economic, entrepreneurial activity or with other legal relations), followed by a determination of the subject composition (composition of the parties to the dispute). The jurisdiction and jurisdiction of civil cases is also determined by the controversy or indisputability of law. This criterion is affected by the existence of the contract, the nature of the legal act, as well as which body participated in the adoption of the normative act.

The jurisdiction of civil cases to courts of general jurisdiction is universal in terms of competence. Almost all of the civil proceedings, which are not subject to arbitration, are considered by the courts of general jurisdiction.

In this case, the jurisdiction of civil cases includes lawsuits in which citizens, organizations, state authorities, local government institutions participate in matters related to the violation of legitimate interests or contesting rights, as well as issues arising from legal relations in family, land, housing , labor, environmental and other spheres of life.

Also, courts of general jurisdiction are entrusted with the consideration of cases that are resolved in the order of writ proceedings, and disputes arising in the course of public legal relations; cases included in special proceedings.

Their competence also includes challenging decisions made by arbitration courts, issuing writ of execution for enforcement, consideration of cases related to the recognition and enforcement of judgments of courts of other countries, as well as arbitral awards that are foreign.

The jurisdiction of civil cases is a rather extensive issue, it can even go beyond the agreed framework. But, nevertheless, thanks to this legal category, the boundaries of the emergence of rights to appeal to the court are outlined.

Also, using the aspect known as the jurisdiction of civil cases, the boundaries between the judiciary and the executive, legislative branches are defined. It is a legal fact with a specific actual composition, which determines the occurrence of the civil process.

Appeal to the court leads to the fact that jurisdiction passes from the legal condition to the category of legal fact, which is established by the judge, having decided to institute proceedings in civil proceedings. The specific factual composition is a legal fact, jurisdiction is determined by its type.


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