1 Civil Procedure Code of the Russian Federation. Civil Procedure Code: scope of application

Civil procedural code Russian Federation- a codified legal act (federal law), which is the main source regulating relations arising when considering civil cases by courts general jurisdiction In Russian federation .

Structure of the Civil Procedure Code

The Civil Procedure Code of the Russian Federation consists of 7 sections, 47 chapters ( total complexity 446 articles):

Section I. General provisions

Chapter 1. Basic provisions
Chapter 2. Composition of the court. Bends
Chapter 3. Jurisdiction and jurisdiction
Chapter 4. Persons participating in the case
Chapter 5. Representation in court
Chapter 6. Evidence and proof
Chapter 7. Legal expenses
Chapter 8. Court fines
Chapter 9. Procedural deadlines
Chapter 10. Court notices and challenges

Section II. Proceedings in the court of first instance

Subsection I. Order proceedings
Chapter 11. Court order
Subsection II. Claim proceedings
Chapter 12. Filing a claim
Chapter 13. Securing a claim
Chapter 14. Preparing the case for trial
Chapter 15. Trial
Chapter 16. Court decision
Chapter 17. Suspension of proceedings in the case
Chapter 18. Termination of proceedings in the case
Chapter 19. Leaving an application without consideration
Chapter 20. Court ruling
Chapter 21. Protocols
Chapter 22. Proceedings in absentia
Subsection III. Proceedings in cases arising from public legal relations
Chapter 23. General provisions
Chapter 24. Proceedings in cases of invalidating regulatory legal acts in whole or in part
Chapter 25. Proceedings in cases of challenging decisions, actions (inaction) of authorities state power, organs local government, officials, state and municipal employees
Chapter 26. Protection proceedings voting rights and the rights to participate in a referendum of citizens of the Russian Federation
Subsection IV. Special production
Chapter 27. General provisions
Chapter 28. Establishing facts that have legal meaning
Chapter 29. Adoption of a child
Chapter 30. Recognizing a citizen as missing or declaring a citizen dead
Chapter 31. Restriction of a citizen’s legal capacity, recognition of a citizen as incompetent, restriction or deprivation of a minor aged fourteen to eighteen years of the right to independently manage their income
Chapter 32. Declaring a minor fully capable (emancipation)
Chapter 33. Recognition of a movable thing as ownerless and recognition of rights municipal property for an ownerless immovable thing
Chapter 34. Restoration of lost rights securities bearer or order securities (call proceedings)
Chapter 35. Forced hospitalization citizen to a psychiatric hospital and compulsory psychiatric examination
Chapter 36. Consideration of cases on making corrections or changes in civil status records
Chapter 37. Consideration of statements about crimes committed notarial actions or refusal to perform them
Chapter 38. Restoration of lost judicial proceedings

Section III. Proceedings in the court of second instance

Chapter 39. Appeal proceedings on appealing decisions and rulings of magistrates
Chapter 40. Proceedings in the cassation court

Section IV. Review of court decisions that have entered into legal force

Chapter 41. Proceedings in court supervisory authority
Chapter 42. Review of decisions, court rulings, decisions of the presidium of the supervisory instance court that entered into legal force

Section V. Proceedings in cases involving foreign persons

Chapter 43. General provisions
Chapter 44. Jurisdiction of cases involving foreign persons ships in the Russian Federation
Chapter 45. Recognition and execution of decisions of foreign courts and foreign arbitration courts (arbitrations)

Section VI. Proceedings in cases of challenging decisions of arbitration courts and issuing writs of execution for the forced execution of decisions of arbitration courts

Chapter 46. Proceedings in cases of challenging arbitration decisions
Chapter 47. Extradition proceedings writs of execution on enforcement arbitration decisions

Section VII. Proceedings related to the execution of court decisions and decisions of other bodies

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See what the “Civil Procedure Code of the Russian Federation” is in other dictionaries:

RSFSR (as amended by Decrees of the Presidium of the Supreme Council of the RSFSR dated 12/18/65, 08/05/66, 02/12/68, 12/12/73, 12/18/74, 06/14/77, 01/08/80, 06/08/81, 11/09 .81, from 11/16/81, from 01/12/84, from 04/25/84, from 01/24/85, from 02/20/85, from 04/01/86, from 11/19/86... Big Encyclopedic Dictionary

Systematized legislative act establishing the procedure for production civil cases in all courts of the Russian Federation. Dictionary of financial terms... Financial Dictionary

- (GPK) legislative act, which systematizes the norms of civil procedural law(See Civil Procedure Law). In the USSR, each union republic has its own Civil Procedure Code (for example, the RSFSR has the Civil Procedure Code of 1964). Between… … Great Soviet Encyclopedia

- (Civil Procedure Code) in the Russian Federation federal systematized normative act regulating the process of administration of justice in civil cases, as well as the execution of decisions of courts and some other bodies. Development and adoption of the Code of Civil Procedure assigned to the jurisdiction of the Russian Federation.... ... Encyclopedia of Lawyer

- (Civil Procedure Code), a law that systematizes the norms of civil procedural law. The Civil Procedure Code of the RSFSR 1964 is in force in the Russian Federation (with appropriate amendments and additions) ... encyclopedic Dictionary

The current Civil Procedure Code (abbreviated as the Civil Procedure Code, also known as No. 138-FZ) is a law of the Russian Federation that successfully regulates the issue of resolving any civil disputes. Since it indicates what action the court should take in any situation, it also regulates the order of these very actions. This legal document accepted State Duma in mid-October 2002, November of the same year is the date it came into force. Replaced its “ancient” predecessor - the Civil Procedure Code of the RSFSR.

— last edition and changes 2016

The current version of the Code of Civil Procedure came into force in June 2016. Changes to this federal legislative act were needed to expand the possibilities of a court order; now any court can accept it when the case involves non-payment of utility bills, telephone communication, premises, it can also be used in relation to HOA members, any building cooperatives.

The differences don't stop there. Thus, in 2016, the Civil Procedure Code of the Russian Federation received a large addition, which is an entire chapter.

Each section provides for a simplified consideration of any case on the issues listed above. This new paragraph and the latest edition of the Code of Civil Procedure as a whole led to the fact that not a single change had to be made to the Code of Civil Procedure.

Comments to the Code of Civil Procedure of the Russian Federation

Often people in need legal assistance, they are looking for this Code of Civil Procedure with comments, but you need to understand that they, especially if this is an article-by-article version, are designed more for specialists; a lawyer, an “advanced” citizen, but not a person who has decided to study the law for the first time in his life, can easily understand them.

In most cases, even comments to the Code of Civil Procedure in latest edition will raise the question - what is it? The most convenient way to get today necessary knowledge, this is the assistance that an online consultant on civil law issues will provide, its plus: efficiency, accessibility and it will fully satisfy your knowledge needs.

The concept of the unified civil procedural code of the Russian Federation

As of 2016, the Russian Federation needs unified document, guided by the legal framework of which it is possible to resolve all sorts of issues in two branches of procedural law - civil and arbitration.

Such a need arose when the Supreme Court and the Supreme Arbitration Court (the Main Arbitration Court) merged, so today a document has been created that sets out the concept of such single space. Also new document will have to act taking into account the requirements of other legislation, including Labor, Family, Criminal, Administrative codes, that is, the jurisdiction of the new act will have to extend to them.

A draft of such a code is currently being created; this will guarantee effective use legal framework. In the meantime, the Civil Procedure Code in the latest edition is a modern, modernized document that takes into account internal needs citizens, also contains changes regarding the drafting of international treaties, and is therefore not inferior to similar acts of Ukraine, Germany, China, Poland, France, Republic of Lithuania, Kyrgyz Republic, Moldova. Who cares about everything? specified documents, using the search, you can find it on the Internet in Russian and compare.

Civil Procedure Code of the Russian Federation - content and changes

According to Article 132 of the Code of Civil Procedure, any lawsuit must not be unfounded or he will lose the right to be considered legal act. To ensure that the claim is not unfounded, it is necessary to attach documents confirming the information specified in the application. What exactly these documents can be is determined by Article 132. Thus, attachments can be:

• 1. Copies of the claim itself, and by the number of participants;
• 2. Receipt, any other document confirming payment of the required state duty;
• 3. Power of attorney;
• 4. All documents confirming the circumstances and evidence of the case.

A calculation of the disputed sum of money, always with copies of receipts.

Civil Procedure Code of the Russian Federation

In view of the fact that this year the Federal Law was adopted on amending the Code of Civil Procedure on issues of non-payment for utilities and any residential premises, it would be useful to familiarize yourself with what no court will not be able to repay the penalty, that is, he will be untouchable even in the most difficult situation.

This property will be:

• the only housing
• the plot on which it was located (any mortgage does not apply here),
• home furnishings,
• all personal belongings (but not luxury items),
• all objects with the help of which a person conducts professional activities,
• some other property.

in the latest edition

This article is in the latest edition of the Code of Civil Procedure The Russian Federation indicates that all participants in the case are obliged to notify the court of failure to appear, and absence can only be good reasons, which are documented - this is what the Code of Civil Procedure says, the latest version of which recently came into force. Moreover, this edition of this Federal Law will not find mitigating circumstances for “truants”, whether it is a cassation or a challenge from a magistrate, but the person must provide an application indicating the name of the court, his full name (you must indicate your place of residence). The text will be: “I ask the court to postpone the hearing” or “to consider without me”... Next, indicate the reason, attach evidence.

Laws largely govern our lives. It is vitally important to strive to understand them. But where to start? After all, the regulations that are mandatory for implementation are not only a large number of, but they can be classified into different types legal documents. For example, the Constitution has the greatest power among all their diversity. There is a hierarchy of power various types legal documents. At its very top, naturally, is the Constitution of Russia. Then (in descending order) come federal constitutional laws. Next come federal laws(including codes).

What types of codes are there?

Codes have great legal force and constitute one of the main parts of legislation. Each of them regulates a specific area of ​​activity. IN Russian legislation There are twenty different codes. The area to which the Civil Procedure Code relates is the relations that arise during the work of courts of general jurisdiction. Such courts are also called civil courts. They can consider cases in which a private person challenges a normative act adopted government agency in accordance with established rules. In some cases, business-related actions may be challenged here. True, in this area some judicial issues must be considered only in arbitration court.

Scope of civil law

What exactly does it refer to? In this area, relations related to property rights or other real rights, personal property and non-property relations. It is important to note that we are talking about relationships that are determined by property independence, free will and equality of their participants. The Civil Procedure Code regulates legal actions carried out to resolve such relations.

Adoption history

The Russian Federation came into force on February 1, 2003. It consists of seven main sections. regulates in detail not only all the details of conduct in the relevant area of ​​legislation, but also fundamental principles such things.

The first section formulates general principles how the Civil Procedure Code is applied. The second section is devoted to consideration of issues. The third section examines in detail how the Civil Procedure Code regulates the work of appellate courts second instance. The fourth section highlights issues related to the revision of the entered into Next part document regulates judicial actions in those processes where they participate Foreign citizens. The sixth section regulates some issues related to arbitration courts. The last, seventh section, covers issues related to enforcement proceedings By the tribunal's decision.

Is the main source of civilian procedural rules. Other regulatory legal acts regulating the order civil proceedings in the Russian Federation, are adopted in accordance with the code and are applied to the extent that does not contradict it. However, acts of constitutional and international character dominate over the Code of Civil Procedure of the Russian Federation, therefore, in particular, the rules contained in international treaties, have priority over national civil procedural ones if contradictions are discovered between them in the course of practical judicial enforcement. This is directly indicated by Art. 1 of the Code of Civil Procedure of the Russian Federation and the explanations given in the resolution of the Plenum of the Supreme Court of the Russian Federation on the application of norms international law and international treaties.

Adoption history

The current Civil Procedure Code is the third for Russia. The first Civil Procedure Code of the RSFSR was in force from 1923 to 1964, the second Civil Procedure Code of the RSFSR was in force from 1964 to February 1, 2002.

On October 24, 1992, the Supreme Council of the RSFSR adopted the “Concept of Judicial legal reform", one of the tasks of which was to bring civil procedural legislation in accordance with changes in the socio-political and economic life of the country.

Since 1995, on the initiative of the Supreme Court of the Russian Federation, active work has been carried out to change the existing Code of Civil Procedure of the RSFSR. New institutions were introduced into the code (magistrate justice, writ proceedings and absentee proceedings, and others), and procedural rules were significantly modified. Systematic changes in procedural norms made it possible to conduct their practical assessment and identify shortcomings.

At the same time, a working group created by order of the Ministry of Justice of the Russian Federation dated May 23, 1993, was working to prepare a draft of a new codified source. Part working group Along with practical workers, there were scientists from Moscow, St. Petersburg, Yekaterinburg, and Saratov. When finalizing the draft Code of Civil Procedure of the Russian Federation, the experience of applying the new ones introduced into the Code of Civil Procedure of the RSFSR of 1964 was taken into account, and many procedural issues were consistently resolved, such as the operation of the principles of discretion, adversarialism, objective (judicial) truth, the degree of court activity, procedural position prosecutor, the procedure for appeal, cassation proceedings and supervisory proceedings and many others.

Despite the new permission of many procedural issues, the Code of Civil Procedure of the Russian Federation has maintained the continuity of procedural norms developed during the period Soviet power, which made it possible to avoid significant difficulties during its implementation.

Code structure

The Civil Procedure Code of the Russian Federation consists of 7 sections, 47 chapters.

• Section I "General Provisions" includes chapters 1-10. Establishes the rules for the operation of civil procedural legislation, requirements for the composition and competence of the court, legal status persons participating in the case, the procedure for representation and evidence, calculation and distribution of legal costs and fines, progress procedural deadlines, as well as notification standards interested parties about procedural actions.

• Section II “Proceedings in the court of first instance” dedicated to the consideration and resolution of civil cases on the merits. Includes 4 subsections.
  • Subsection I “Order proceedings”(Chapter 11) regulates the procedure for issuing court orders.
  • Subsection II “Claim proceedings” contains chapters 12-22. Dedicated to the issues of filing a claim and securing it, preparing a case for trial and carrying out trial, the institution of a judicial decision, as well as procedural rules for suspending, terminating proceedings in a case, leaving an application without consideration. The subsection establishes the rules for drawing up court rulings and protocols procedural actions, as well as the procedure for implementation absentee proceedings.
  • Subsection III “Proceedings in cases arising from public legal relations” consists of chapters 23-26. Establishes the rules for the consideration of cases on the invalidation of normative legal acts, on challenging decisions, actions (inactions) of state authorities, local governments, officials, state and municipal employees, as well as cases on the protection of electoral rights. This subsection completely lost force with the entry into force of the Code of Administrative Procedure of the Russian Federation on September 15, 2015
  • Subsection IV “Special proceedings” includes chapters 27-38. Dedicated to a wide range of issues that are not controversial, but require an authoritative decision, including cases of establishing facts of legal significance, adoption of a child, recognition of a citizen as missing or