The main sources of civil procedural law. Civil Processability and Classification of Sources of Civil Procedure Law

Section I General
Civil Procedure Law: Concept, System and Sources
- Judicial protection civil rights
- Civilian proceedings (Civil Procedure): Stages and types
- Sources of civilians procedural law
Principles of Civil Procedure Law (Civil Procedure)
- Civil Procedural Law: Concept, Meaning and Types of Principles
- Organizational and functional principles of the civil process
- Functional principles
Civil procedural legal relations
- The concept of civil procedural legal relations
- Conditions for the emergence of civil procedural legal relations
- Subjects of civil procedural legal relations
- Civil Procedural Legal Relations: Objects and Content
Condemiousness of civil engines
- Concept of jurisdiction
- Types of jurisdiction
Commonness of civil engines
- Communicability: concept and types
- Civil case infancy
- Territorial (local) jurisdiction
- Transferring case from one court to another
Parties in civil proceedings
- The concept and procedural position of the parties
- Procedural complicity
- Replacement of the inadequate side in the process
- Procedural succession
Third Persons in Civil Procedure
- The concept and types of third parties
- Third Party, declare independent requirements for the dispute
- Third parties that do not claim independent requirements For dispute
Participation of the prosecutor in the civil procedure
- The basis and purpose of the participation of the prosecutor in the civil procedure
- Forms of participation of the prosecutor in the civil procedure
Participation in the civil procedure of state authorities and organs local governmentsOrganizations or individual citizensprotecting the rights and interests of other persons
- The foundations and goals of participation
- Procedural forms of participation
Representation in court
- The concept of a judicial representation
- Types of judicial representation
- Powers of judicial representatives
Procedural time
- Concept and types of procedural deadlines
- Calculation of procedural time
- Suspension, break, extension and restoration of procedural timelines
Court costs and court fines
- Cost expenses: concept and types
- National tax
- Costs related to the consideration of the case
- Exemption from paying court costs. Delay or installment payroll and reduction of their size
- Distribution of court costs between the parties and their compensation
- Court fines
Proving and evidence
- Judicial proof: concept and purpose
- Concept judicial evidence
- Subject of evidence
- Foundation of exemption from evidence
- Distribution of duties for evidence
- Properties of evidence. Relevance and admissibility of evidence
- Process evidence
Section II Production in the court of first instance
Claim
- Iskame elements
- Types of lawsuit
- Procedural protection against claim
- Order of the subject of the dispute
- Providing a claim
Civil Current Excitation
- Right to law
- The procedure for presenting the claim and the consequences of its non-compliance
- The statement of claim and the procedure for correcting its flaws
- Adoption of the claim
Preparation of cases for legal proceedings. Court notices and challenges
- The value of the stage of preparation of cases to legal proceedings and its task
- The volume and maintenance of procedural actions to prepare a case for trial
- Pre-court session. The end of the proceedings in the preparation for judicial proceedings
- Court notification and challenges
Trial
- Judicial proceedings: concept and importance
- The procedure for the proceedings of the case in the court of first instance
- Civil Court Healing
- Protocol of the court session
- Deposition of proceedings
- Suspension
- The end of the proceedings without making a decision
Decisions of the court of first instance
- Judicial regulations: concept and types
- Contents of the judgment
- Properties of a court decision (requirements for judicial decision)
- Elimination of deficiencies of the decision to bring it by the court
- Legal force
- Definitions of the court of first instance
- Private court definitions and their role in the prevention of offenses
Correspondence production
- Conditions and procedure for making correspondence solution
- Content content
- Appeal of absentee decision
- Content of the application for revision of absentee decision
- Court authority and grounds for abolishing
- Legal absentee decision
Judicial order (Ordering)
- Concept judicial order and ordinary production
- Bases of ordinary production
- Excitation of ordinary production
- Permission of the statement on the merits
- Cancellation of a judicial order
Production on cases arising from public legal relations
- The essence and content of the civil procedural form of solving cases arising from public relations
- Production on the declaration of invalid regulatory legal acts in full or in terms of
- Production on cases of disposal of decisions, actions (inaction) of government bodies, local governments, officials, state and municipal employees
Special production
- The concept of special production
- Establishment of the facts
- Adoption (adoption) of the child in judicial order
- The recognition of a citizen is limited and incapacitated in court
- Statements about perfect notarial actions or refusal to commit
Section III Checking court decisions that have not entered into legal force
Appeal Manufacturing on appealing decisions and definitions of global judges
- Entity and value of the stage appeal production
- The right of appeal appeal and the procedure for its implementation
- Consideration of the case by the court appeals instance
- Court of Appeal Authority
- Appealing the definitions of the magistrate
Cassation production
- Entity and value of the stage cassation production
- The right of cassation appeal and the procedure for its implementation
- Consideration of the case by the court of cassation instance
- Court authority Second instance
- Basis for cancellation court decisions
- Appealing the definitions of the court of first instance. Private production
Section IV Revision of judicial resolutions that have entered into legal force
Revision in order to supervise the decisions, definitions, decisions
- The value of the revision stage of solutions, definitions and decisions in supervisory
- Excitement of supervisory production
- Consideration of the complaint (submission)
- Procedural procedure for consideration of cases in court session
- Court's powers and grounds for cancellation, definitions and decisions in supervisory procedures
Revision on newly discovered circumstances of decisions, definitions and decisions that have entered into legal force
- The concept and reason for revising civil cases for newly discovered circumstances
- Procedural procedure for revising decisions, definitions and decisions on newly discovered circumstances
Section V Performance of judicial resolutions
Executive production
- Concept executive proceedings
- Participants in enforcement proceedings
- General rules for enforcement

Sources of civil procedural law

Sources of Russian civil procedural rights are mainly the Russian regulations and international treaties with the participation of Russia, which contain civil procedural norms, in one degree or another regulatory civil proceedings in courts general jurisdiction.

Civil procedural legislation in accordance with Art. 71 of the Constitution of the Russian Federation is undergoing Russian Federation.

The procedure for civil proceedings in the federal courts of general jurisdiction is determined by the Constitution of the Russian Federation, the Federal Constitutional Law "On judicial system Of the Russian Federation, "the Civil Procedure Code of the Russian Federation and received in accordance with them by other federal laws, the procedure for civil proceedings from the magistrate is also a federal law" On the World Judges in the Russian Federation "(Article 1 of the Code of Civil Procedure).

The basis of civil procedural law is the Constitution of the Russian Federation.

The Constitution of the Russian Federation contains the norms of the most general nature, enshrining the organization of the judicial system, organizational and some functional principles of justice (Chapter 7 "Judicial Power"), as well as the right to judicial protection (Art. 46). In paragraph 1 of Art. 15 of the Constitution of the Russian Federation contains the most important constitutional position: "The Constitution of the Russian Federation has the highest legal force, direct action and applied throughout the Russian Federation. "

Next to the Constitution of the Russian Federation for legal significance stands Federal Constitutional Law of December 31, 1996 No. 1-FKZ "On Judicial System of the Russian Federation"which establishes norms that detail the constitutional provisions relating to the devices of the courts, their system, the status of judges, the procedure for appointment and the basic principles of the process.

Features of the organization and implementation of justice civil Affairs The global judges are determined Federal Law of December 17, 1998 No. 188-FZ "On the World Judges in the Russian Federation".

Civil procedural law - the right codified. Detailed regulation of the process of administration of justice for civil cases in the courts of general jurisdiction is contained in Civil Procedure Code of the Russian Federation. Now the current Code of Civil Procedure of the Russian Federation was adopted on October 23, 2002, signed by the President of the Russian Federation on November 14, 2002 and entered into force on February 1, 2003. It is a rod legislative act for sources of civil procedural law. It regulates in detail the principles of the civil procedure, the rules of subordination and jurisdiction are determined, the composition of participants in the proceedings on civil cases, evidence, procedure judicial trial, making decisions and appeal judicial acts.

Code of Civil Procedure of the Russian Federation is not only a rod, but also the dominant federal law: all other federal laws containing civil procedural norms must comply with the Constitution of the Russian Federation, the Federal Constitutional Law "On the Judic System of the Russian Federation" and the Code of Civil Procedure. This means that the norms of federal laws are subject to applying in a part that does not contradict this law. Federal laws and other regulatory legal acts operating in the Russian Federation and related to the Civil Procedure Code of the Russian Federation are subject to brief with the Civil Procedure Code of the Russian Federation.

Among the federal laws that are sources of civil procedural law and regulating individual groups of civil procedural legal relations (Separate institutions and sub-institutions of the Civil Procedure) include the Law of the Russian Federation of April 27, 1993 No. 4866-1 "On appealing to the court of action and decisions that violate the rights and freedom of citizens" the federal law "On the Prosecutor's Office of the Russian Federation", the Federal Law of May 31, 2002 No. 63-FZ "On advocacy and advocacy in the Russian Federation ", Federal Law of May 31, 2001 No. 73-FZ" On State Forensic Expert Activities in the Russian Federation ".

Civil procedural regulations are also contained in acts of substantive law, and above all in such sectoral codecs as the Civil Code of the Russian Federation. tax code RF (NK), Family Code of the Russian Federation (SC), Labor Code of the Russian Federation (TC), Housing Code of the Russian Federation (LCD).

Procedural regulations are also contained in other federal laws governing a wide variety of social relations of various sectoral affiliation. Among them, it is possible to name the law of the Russian Federation "On the Protection of Consumer Rights", the Federal Law of January 10, 2003 No. 19-FZ "On the elections of the President of the Russian Federation", the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations" and etc.

The source of civil procedural rights are generally accepted principles and norms. international law, as well as international treaties with the participation of the Russian Federation. According to paragraph 4 of Art. 15 Constitution of the Russian Federation Generally accepted principles and norms of international law and international treaties of the Russian Federation are part of it legal system.

The international agreement of the Russian Federation is an international agreement concluded by the Russian Federation with a foreign state (or states) or with an international organization in writing and international law regulated.

The international treaties of the Russian Federation also includes the current international treaties concluded by the USSR, in respect of which the Russian Federation continues to implement international law and the obligations of the USSR as a state - the continuer of the SSR Union.

Regulations (Decrees of the President of the Russian Federation. Decisions of the Government of the Russian Federation), regulating certain relations in the field of civil proceedings, are rare. As an example, today you can bring the order of the Judicial Department at the Supreme Court of the Russian Federation of April 29, 2003 No. 36, which approved instructions for judicial proceedings in the district court.

Important for the application of civil procedural law have acts of his official interpretation, and above all the clarification of the plenum Supreme Court Of the Russian Federation for Civil Affairs. Formally, they are not sources of law, but help to understand the meaning of the norms of law and provide uniformly understanding and use. The courts in resolving specific civil cases in decisions along with the norms of law referred to them additionally and on clarification of the Plenum of the Supreme Court of the Russian Federation.

In the absence of a norm of procedural law regulating the relationship that arose during civil proceedings, the federal courts of general jurisdiction and global judges (hereinafter referred to as the Court) apply the norm regulating similar relations (the analogy of the law), and in the absence of such a norm, they act on the basis of the principles of justice In the Russian Federation (the analogy of law).

It is important to the question of the relationship of judicial practice with sources of law. In the Russian Federation, it is indirectly recognized as a source of law only leadership decisions of higher judicial institutions containing acts of uniform interpretation of the norms of law and the obligatory applications by the courts of lower instances.

Main and traditional sources of civil procedural law In particular, regulatory legal acts are, among which laws are as acts of higher legal force. In accordance with Art. 71 Constitution of the Russian Federation Civil procedural legislation is in exceptional jurisdiction of the Russian Federation. Because of this, the relevant acts are accepted only on federal level.

List all regulatory acts - sources of Russian civil procedural law - it is very difficult. Therefore, we call such that are legally most significant, are fundamental, key to the science of civil procedural law and judicial practice.

Constitution of the Russian Federation. It is the first and most important source for any branch of law. This is the main state of the state with the highest legal force. Several dozen articles of the Constitution of the Russian Federation to one degree or another concern the procedure for the implementation of justice (Article 19, Part 5 of Art. 32, Part 1, 2 Art. 46, etc.). Chapter 7 is directly called "judicial power." Article 123 of the Constitution of the Russian Federation indicates: "The proceedings of cases in all courts open", "proceedings are carried out on the basis of competition and equality of the parties."
Federal Constitutional Law of December 31, 1996 N 1-FKZ "On Judicial System of the Russian Federation". Enchants the independence of the courts, the independence of judges. It emphasizes that the creation of emergency vessels and courts not provided for by this federal constitutional law is not allowed. Federal Law of December 17, 1998 N 188-FZ "On the World Judges in the Russian Federation". Determines the procedure for the activities of global judges who resolve some categories of civil cases.

Civil ProcessuAH Code This is the next and main source of civil procedural law, as it is enshrined the main procedural norms. This source entered into force on February 1, 2003. This is the third civilian procedural Code in the history of the Russian Federation. The first RSFSR was adopted in 1923, the second - in 1964. Sources of civil procedural law are other codified acts regulating mainly material and legal relations. For example, a number of procedural norms are contained in the Civil Code, the Housing Code, Family Code, Labor Code.
Procedural rules may be contained in other laws. This, for example, the Law on the Prosecutor's Office, the Law on State Forensic Expert Activities, the Law on Psychiatric Assistance, the Law of the Russian Federation of February 7, 1992 N 2300-I "On Protection of Consumer Rights".
The possibility of appealing to court and protect rights and legitimate interests Citizens of guardianship and guardianship authorities are provided for by the Federal Law of April 24, 2008 N 48-FZ "On Opener and Trusteeship", the procedure and conditions for the storage of arrested property are determined by the law on enforcement proceedings.

International Legal Acts Also belong to the sources of civil procedural law belong to some international legal acts (for example, the 1954 Civil Process Convention, signed in the Hague.

International treaties with the participation of the Russian Federation Also are the sources of civil procedural law. The Constitution of the Russian Federation emphasizes that generally accepted principles and norms of international law and international treaties are included in the legal system of our country.
Article 1 of the CPC specifies this provision: "If the international treaty of the Russian Federation has established other rules of civil proceedings than those provided for by law, the rules of the International Treaty applies." For example, agreements of the Commonwealth of Independent States in many legal issues are valid.

It is also impossible to not pay attention to the activities of the European Court of Human Rights (ECHR). The activities of the ECHR includes not only court decisions, but also advisory conclusions. In addition, the Court is actively involved in the processes of legal enlightenment.
After Russia's accession to the European Convention on Human Rights, the interpretation of this act, which the ECHR gives in its decisions on specific cases becoming mandatory. Consequently, not only the norms of the Convention, but even their official interpretation is the source of law.
Article 1 of the Civil Procedure does not include regulatory decrees of the President of the Russian Federation and the Decree of the Government of the Russian Federation. It follows from this that the President of the Russian Federation, the Russian government, federal ministries and departments should not publish regulatory legal acts containing the norms of civil procedural law.
However, the norms of civil procedural law are sometimes found in subtitle acts (decrees of the President of the Russian Federation, the decrees of the Government of the Russian Federation, orders of federal ministries), which is due to the attempts of operational relief of emerging problems in legal practice. For example, we can note the decree of the Government of the Russian Federation of December 1, 2012 N 1240 "On the procedure and amount of compensation for procedural costs related to the production of criminal proceedings, costs in connection with the consideration of civil case, as well as expenses in connection with the fulfillment of the requirements of the Constitutional Court of the Russian Federation "

Resolutions of the Plenum of the Supreme Court of the Russian Federation Clarifications and interpretations of procedural norms are also the sources of Russian civil procedural law. Although the question of their attribution to the sources of civil procedural law in the legal doctrine is a discussion, it is due to the rulings that the law is ensured, and the judicial practice is stable. For example, in the Decree of the Plenum of the Armed Forces of the Russian Federation of January 20, 2003, N 2 explains to the need to indicate in the statements to the fact that the work is allowed to be allowed, about the correct application of the analogy of the law.
Significant for judicial practice are the rulings of the Supreme Court of the Russian Federation for specific cases. Arbitrage practiceThus, De Facto is a source of law by the authority of the authority of the authority of the Supreme Court of the Russian Federation, as well as due to the obligation of its clarifications for lower courts.

It is also necessary to stay on resolutions Constitutional Court RF. It should be called sources of the right of his decision on the inconsistency of the Constitution of the Russian Federation of this or that regulatory act as a whole or in part, since such decrees immediately stop its action (fully or in part). In addition, the Resolution of the Constitutional Court of the Russian Federation may recognize law enforcement practices based on the "incorrect" interpretation of the law that does not meet the Basic Law.

TEST

discipline: Civil Procedure Law

On the topic:"Sources of civil procedural law"

Introduction

1 Regulatory sources civil procedural law

2 norms of international civil procedural law

3 Action of civil procedural norms in time, in space and in a circle of persons

4 Judicial practice in the system of sources of civil procedural law

Introduction

Constitutional law Citizens on judicial protection of rights and freedoms find their consolidation and development in civil procedural legislation.

IN modern conditions Justice for civil cases is of particular importance. The traditional concept of "civil cases" covers a large number of legal disputes permitted by ships and conflicts arising from various legal relations.

Development of various forms of protection subjective rights citizens implies the need to improve procedural legislation. In 2002, with the adoption of the new Civil Procedure Code, a significant stage was completed in the development of Russian civil procedural law. The update of the rules governing the procedure for the protection of rights and protected interests was largely due to Russia's accession to the Council of Europe and participation since 1998 in the European Convention on the Protection of Human Rights and Fundamental Freedoms. European standards in the field of human rights protection were taken into account when developing the current Code of Code of Civil Procedure of the Russian Federation and today are a kind of procedural "strip" not only for higher judicial instances, but also for ordinary judges. The awareness of the need to form a new legal thinking, oriented primarily on the recognition as the highest value of a person, his rights and freedoms.

The purpose of my work is to consider the sources of civil procedural law. The tasks are to study the regulatory sources, the norms of international law, as a source of civil procedural law, the effect of civil procedural rules in space in space and in terms of persons, as well as judicial practice in the system of sources of civil procedural law.

1 Regulatory sources of civil procedural law

The procedure for civil proceedings in the federal courts of general jurisdiction of the Russian Federation is determined by the Constitution of the Russian Federation, the Federal Constitutional Law "On Judicial System of the Russian Federation", Code of Civil Procedure of the Russian Federation and received in accordance with them by other federal laws, and the procedure for civil proceedings from the magistrate is also the federal law "On the World Judges In the Russian Federation. "

The dominant source of civil procedural law is the Constitution of the Russian Federation, which has the highest legal force, direct effect and applies throughout the Russian Federation (Part 1. 1 of Art. 15 of the Constitution of the Russian Federation).

The importance of the Constitution of the Russian Federation is that it, firstly, establishes the level legal regulation This branch of law. According to Art. 71 Constitution of the Russian Federation Civil procedural legislation is in exceptional jurisdiction of the Russian Federation. The subjects of the Federation are not entitled to take, and the courts - in case of adoption - to apply laws regulating the procedure for legal proceedings in the courts of general jurisdiction. This also applies to legal proceedings from the magistrate, which is the court of general jurisdiction of the relevant subject of the Russian Federation.

Secondly, the Constitution of the Russian Federation contains provisions that determine the content, nature of the court activities and its task as a whole:

The Russian Federation is a legal state (Article 1);

A person, his rights and freedoms are the highest value, and the recognition, respect and protection of human rights and citizen - the duty of the state (Art. 2);

Human rights and freedoms and citizen are directly operating, they determine the meaning, content and application of laws, the activities of the legislative and executive power, local self-government is provided by justice (Article 18).

Thirdly, the Constitution of the Russian Federation contains provisions defining constitutional principles legal proceedings (provisions - principles): equality of all before the law and court (Article 19), the implementation of justice only by the court (Art. 118), the independence of judges and the subordination of them only by the Constitution of the Russian Federation and the Federal Law (Article 120), publicity, adversarity and procedural equality of the parties (Art. 123), etc.

Fourth, the Constitution of the Russian Federation contains provisions that are the norms of civil procedural law:

Each guaranteed judicial protection of his rights and freedoms, decisions and actions (or inaction) of government bodies, local governments, public associations and officials can be appealed in court (part 1.2 Art. 46);

No one can be defeated rights for consideration of his case in the court or the judge, whose jurisdiction is related to the law (part 1 of Article 47);

In the implementation of justice, the use of evidence obtained in violation of the law is not allowed (part 2 of article 50);

No one is obliged to testify against himself, his spouse and close relatives, the circle of which is determined by the federal law (part 1 of article 51), and others.

The court in civil proceedings has the right to apply the Constitution of the Russian Federation as an act of direct action (part 1 of Art. 15 of the Constitution of the Russian Federation, paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation "On some issues of approval by the courts of the Constitution of the Russian Federation in the implementation of justice").

The norms of legislation on civil proceedings also contains the Federal Constitutional Law "On Judicial System of the Russian Federation". It is revealed and the constitutional provisions on the independence of the courts and the independence of judges (Article 5), the obligation of judicial resolutions (Article 6), the equality of all before the law and the court (Article 7), publicity in the activities of justice (Article 9), Language of legal proceedings (Art. 10).

The regulation of civil procedural relations at the level of constitutional laws may not end, as it is supposed to adopt federal constitutional laws on the courts of general jurisdiction, administrative courtsThe Supreme Court of the Russian Federation, in which, along with others, the norms of civil procedural law will also be contained (on the jurisdiction, etc.).

The main codified source of civil procedural law is the Civil Procedure Code of the Russian Federation.

Code of Civil Procedure of the Russian Federation has been established on the basis of the new Constitution of Russia 1993, the most important international acts relating to the protection of human rights (the Universal Declaration of Human Rights of 1948, the European Convention on the Protection of Human Rights and Fundamental Relations of 1950), and takes into account the practice of the European Court Human rights. When it is developed, the experience of civil procedural regulation of many foreign countries Regardless of whether their system is codified or not (Germany, France, United States, United Kingdom, and T. d.).

Code of Civil Procedure, maintaining historical continuity, is based on the traditions laid down by the Charter of Civil Procedure of Russia of Russia of 1864, Civil Procedure of the RSFSR 1923 and 1964, as well as the scientific concepts of Russian scientists: A. F. Kleinman, M. A. Gurvich, A. A . Dobrovolsky, N.A. Chechina, V. K. Puchansky, etc. At the same time, the Code of Civil Procedure of the Russian Federation contains distinctive features dictated by economic and social development modern Russia, material right and sociocultural specificity russian society. It is based on an efficient combination of individualistic and collectivist views. The Code of Civil Procedure of the Russian Federation discloses the content of the principles of the Civil Procedure, determines the types of legal proceedings, regulates in detail the process of the trial of civil cases in the courts of general jurisdiction.

Civil procedural regulations are contained in the acts of regulatory legislation adopted at the federal level (p. "O" Art. 71, Part 1 of Art. 76 of the Constitution of the Russian Federation). For example, the position of Art. In the Civil Code of the Russian Federation on the possibility of citizens and legal entities, at its discretion, to carry out rights belonging to them implies the opportunity to dispose by the parties with their rights and in the civil procedure: a refusal of the claim, recognition of the claim, the conclusion of the settlement agreement, recognition of facts, etc.

For civilian proceedings, the norms of regulatory legislation establishing rules are important: the admissibility of evidence; about the proof presumptions and the burden of proof; About who is a proper claimant for one affairs; On the right of the court in the interests of legality to go beyond the subject and base of the claim, etc.

Special civil procedural regulations contained in the acts of regulatory right must comply with the provisions, principles of legislation on legal proceedings in the courts of general jurisdiction (part 1 of Article 1 of the Code of Civil Procedure of the Russian Federation). If special procedural norms do not comply with the provisions of the Code of Civil Procedure of the Russian Federation, its rules apply or acts that have higher legal force.

The rule about the priority of the provisions of codified acts is typical for the so-called system-forming codes, which underlie the system of the legislation industry. Civil Procedure Code creates a system of civil procedure legislation, civil code - system civil law. Therefore, the need to establish compliance with the provisions of the Code of Civil Procedure of the Russian Federation the norms of federal laws implies the compliance of acts within the system of civil procedure legislation.

In the absence of the norm of procedural law regulating the relationship arising during the production of civil case, the Court applies the norm regulating similar relations (analogy of the law), and in the absence of such a norm acts on the basis of the principles of adventure of justice in the Russian Federation (the analogy of law).

In legal science, the source of the right most often understand the form of expression, the external form of establishing and expressing legal norms.

The main and traditional source of law in general and civil procedural law in particular are the regulatory legal acts, among which key positions occupy laws as acts of higher legal force.

In accordance with Art.

71 Constitution of the Russian Federation Civil procedural legislation is in exceptional jurisdiction of the Russian Federation. Because of this, the relevant acts are accepted only at the federal level.

List all regulatory acts - sources of civil procedural law - it is very difficult. Therefore, we call such that are legally most significant, are fundamental, key to the science of civil procedural law and judicial practice.

Constitution of the Russian Federation. Several dozen articles of the Constitution of the Russian Federation to one degree or another concern the procedure for the implementation of justice (Article 19, Part 5 of Art. 32, Part 1, 2 Art. 46, etc.). Chapter 7 is directly called "judicial power." Article 123 of the Constitution of the Russian Federation indicates: "The proceedings of cases in all courts open", "proceedings are carried out on the basis of competition and equality of the parties."

The law on judicial system of the Russian Federation enshrines the independence of the courts, the independence of judges. It emphasizes that the creation of emergency vessels and courts not provided for by this federal constitutional law is not allowed.

The law on world judges determines the procedure for the activities of global judges that resolve some categories of civil cases.

Civil procedural law - the right codified. The main procedural rules are combined in the main regulatory act - the Civil Procedure Code of the Russian Federation, which entered into force from February 1, 2003.

It identifies the purpose and tasks, the principles of civil proceedings, the rules of the jurisdiction and jurisdiction, the composition of the participants in the proceedings on civil cases, evidence, the procedure for trial, making a decision, appealing judicial acts.

Sources of civil procedural law are other codified acts regulating mainly material and legal relations.

For example, a number of procedural norms are contained in the Civil Code of the Russian Federation, the Housing Code of the Russian Federation, the Family Code of the Russian Federation, the Labor Code of the Russian Federation. The Civil Code provides for the consequences of non-compliance with the form of transactions, emancipation of minors, etc. The LCD of the Russian Federation contains the rules applied by the court when considering and resolving housing disputes (Article 68, 74, 84). In the SC of the Russian Federation, the establishment of paternity, recognition of marriage is invalid, deprivation parental rights (For example, Art. 17, 18, 20, 21 - 25, 27 - 28, 49, 69 - 70, 106 - 107). The TK RF established the procedure for the consideration of labor disputes (ch. 60 - 61).

Procedural rules may be contained in other federal laws. This, for example, the law on the prosecutor's office, the Law of the Russian Federation of February 7, 1992 N 2300-1 "On Consumer Protection", the Law on State Forensic Expert Activities, the Law on Psychiatric Assistance.

Sore international legal acts belong to the sources of civil procedural law (for example, the 1954 Civil Process Convention, signed in the Hague).

The sources also include international treaties involving the Russian Federation.

The Constitution of the Russian Federation emphasizes that generally accepted principles and norms of international law and international treaties are included in the legal system of our country. Article 1 of the Code of Civil Procedure of the Russian Federation specifies this provision: "If the international treaty of the Russian Federation has established other rules for civil proceedings than those provided by law, the rules of the International Treaty applies." For example, agreements of the Commonwealth of Independent States in many legal issues are valid.

As sources of civil procedural right, the decrees of the President of the Russian Federation, the Decree of the Government of the Russian Federation should be considered. For example, the Decisions of the Government of the Russian Federation: dated July 7, 1998 N 723 "On approval of the Regulation on the procedure and conditions for the storage of arrested and seized property"; dated August 12, 1998 N 934 "On approval of the procedure for imposing arrest on securities"; Order of the Ministry of Justice of the Russian Federation of October 27, 1998 N 153 "On the obligatory purpose of a specialist in the implementation of the assessment valuable papersFor which the recovery is drawn. "

It is necessary to indicate such acts as the Resolution of the Plenum of the Supreme Court of the Russian Federation on clarifications and interpretations of the procedural norms. Although the question of their attribution to the sources of civil procedural law in the legal doctrine is a discussion, it is due to them that it provides a uniform application of the law, and judicial practice is stable. For example, in the Decree of the Plenum of the Armed Forces of the Russian Federation of January 20, 2003, N 2 explains to the need to indicate in the statements to the fact that the work is allowed to be allowed, about the correct application of the analogy of the law.

See, for example: Zhukov V.M. The role of clarification of the Plenum of the Supreme Court of the Russian Federation in ensuring the unity of judicial practice and the protection of human rights // Commentary on the Resolution of the Plenum of the Supreme Court of the Russian Federation for Civil Affairs. M., 1999. P. 15; Lebedev V.M. Judicial practice and development of legislation // Legislation of Russia in the XXI century: on materials scientific and practical conference. M., 2002. P. 42.

Significant for judicial practice are the rulings of the Supreme Court of the Russian Federation for specific cases. Judicial practice, therefore, De Facto is a source of law due to the authority of the authority of the authority of the Supreme Court of the Russian Federation, as well as due to the obligation of its clarification for lower courts.

It is also necessary to stay at the decisions of the Constitutional Court of the Russian Federation. It should be called sources of the right of his decision on the inconsistency of the Constitution of the Russian Federation of this or that regulatory act as a whole or in part, since such decrees immediately stop its action (fully or in part). In addition, the Resolution of the Constitutional Court of the Russian Federation may recognize law enforcement practices based on the "incorrect" interpretation of the law that does not meet the Basic Law. As an example, a resolution of the Constitutional Court of the Russian Federation of April 21, 2003, "on the case of the verification of the constitutionality of the provisions of paragraphs 1 and 2 of Article 167 of the Civil Code of the Russian Federation in connection with the complaints of citizens O.M. Marice ... and V.M. Shiryaeva ".

After Russia's accession to the European Convention on the Human Rights of the Interpretation of this Act, which the ECHR gives in its decisions on specific cases becoming mandatory. Consequently, not only the norms of the Convention, but even their official interpretation is the source of law.

See: Bonner A.T., Yastrzhembsky I.A. Review of the book "Judicial practice as a source of law" // State and Law. 2001. N 9. P. 120.

§ 7. The action of the norms of civil procedural legislation

Like other federal laws taken civil procedural laws Start only after official publication. The norms of civil procedural law contained in unpublished laws and other legal acts, do not apply (part 3 of Art. 15 of the Constitution of the Russian Federation).

By general rule The newly published law does not have the inverse force if there is no special reservation in the law itself. In civil procedure, the situation is different. The court should apply the procedural law that acts at the time of the procedural action, regardless of which law acted at the time of the process.

The civil procedural law is terminated in cases: cancellation of the law, the entry into force of the new law of the same or higher level on the same subject, which eliminates the effect of the previous law.

The spatial limits of the procedural law form the territorial boundaries of its application.

The Constitution of the Russian Federation refers civil procedural legislation to the subject of the management of the Russian Federation (p. "O" Art. 71 of the Constitution of the Russian Federation). The constituent entities of the Russian Federation are not entitled to take procedural norms and establish procedural rules for ships. All federal courts and global judges apply unified civil procedural legislation.

The scope of the application of civil procedural legislation of the Russian Federation is limited to the territory on which the sovereignty of the Russian Federation is distributed.

Content
Introduction
Chapter 1
Sources of civil procedural law
1.1 The concept of sources of civil procedural law
1.2 Types of sources of civil procedural law
1.2.1 Constitution of the Russian Federation

1.2.2 International treaties
1.2.3 Federal Constitutional Laws of the Russian Federation
1.2.4 Civil Procedure Code of the Russian Federation
1.2.5 Other federal laws
1.2.6 Higher Resolutions judicial bodies Russian Federation
Chapter 2.
The action of civil procedural rules in time, space and a circle of persons
2.1 Action of civil procedural rules in time
2.2 The action of civil procedural norms in space and a circle of persons
Chapter 3.
Trends in the development of civil procedure legislation
Conclusion
List of used regulatory acts and special literature

Introduction

Civil procedural law is a combination and system of legal norms, the subject of regulation of which is public relations in the field of judge-sized civil affairs.

Sources of civil procedural law as an external form of law expression are regulatory acts of various levels containing the rules of the specified branch of law.

The rules of law designed to regulate civil procedural relations are mainly contained in official documents, regulatory acts of the state or, in some cases, in international treaties about legal aidwhich are generally binding.

IN general Theory Rights This issue is designed in sufficient detail. However, in the science of civil procedural law, the study of the form of sources of civil procedural law has not yet been paid to sufficient attention.

Subject to this term paper is the disclosure of the concept of sources of civil procedural law and their species.

The object is civil procedural law, its development.

The purpose of the work is to consider sources of civil procedural law.

Based on this purpose, the following tasks were delivered:

- explore the concept of sources of civil procedural law;

- Consider legal normswho constitute the content of legislative acts regulating relations in the field of civil proceedings;

- analyze the composition of the legislation on civil proceedings in the courts of general jurisdiction;

- Consider the implementation of the norms of civil procedure legislation.

The legal basis of the work was: the Constitution of the Russian Federation, federal constitutional laws "On Judicial System of the Russian Federation", "On the military courts of the Russian Federation", federal laws "On the procedure for publishing and entering into force of federal constitutional laws, federal laws, acts of chambers Federal Assembly"," On the international treaties of the Russian Federation "," On the World Judges in the Russian Federation "," On Enforcement Procedure ", Civil Procedure and Arbitration Procedural Codes of the Russian Federation, Decree of the President of the Russian Federation" On the procedure for publishing and entering into force of the Acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory Acts federal organs executive power".

The theoretical basis was the works: V. V. Yarkova, M. K. Treuschenikova, A. A. Demicheva, V. M. Zhuykova, V. D. Zorkina.

Sources of civil procedural law

1.1 The concept of sources of civil procedural law. Their species

civil Procedure Law Judging

Sources of civil procedural law as an external form of law expression are regulatory acts of various levels containing the rules of the specified branch of law.

The concept of the source of law, including civil procedure, can be considered in two aspects. From a formal point of view, sources of law are the rule of law adopted by the authorities of the state authorities, that is, the rules of conduct. Secondly, these standards should be considered in terms of their materialization in specific relationships, that is, to study their material aspect. After all, the rate of law is not accepted as a beautiful standard, but as a regulator of specific relations, for the regulation of which it is directed. Consequently, the rules of law are implemented in specific relations, turning them into legal relations. The materialization of legal norms into public relations occurs in methods that make up the method of the industry of law to which they enter the content. In this regard, consideration of the sources of law in formal and material terms allows not only to identify the norms aimed at regulating relations included in the subject of the industry, but also to study the methods for the materialization of norms into specific relations and turn them in this way in legal relations. In connection with the stated sources of civil procedural law, as regulatory legal acts and certain norms of law regulating relations included in the subject of this industry can be identified.

Legal source of the right in the form of a written document enshriding the law-conducting decision of the legislator, i.e. as a carrier legal norms, there is a form of existence of right. Regulations -

documents most reflect the properties of law, dignity and potential legal regulation capabilities.

For sources of civil procedural law, the following features are characterized:

1. The predominance among sources of civil procedural law of laws. Strengthening the role of the court leads to the fact that its activities are regulated mainly at the level of laws, and not by sub-commercial acts.

2. Simultaneous action on the territory of the Russian Federation of republican and public-union civil procedure legislation;

3. Expansion of the circle of legislation containing the norms of civil procedural law.

Sources of civil procedural rights include legal acts regulating relations arising between the court and participants in civil proceedings.

1.2 Classification of Civil Procedure Sources

1.2.1 Constitution of the Russian Federation

The constitution has the highest legal force, has a direct effect and applies throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation should not contradict the Constitution of the Russian Federation. Article 15 of the Constitution of the Russian Federation, it is the main law of the state, its provisions are primary, initial, fundamental. All other legal acts adopted in the state must comply with the Constitution of the Russian Federation.

On the basis of the Constitution, in accordance not only with her initial positionsBut also with specific standards, the evolution of the legal system should occur, as an update of its traditional industries and the formation of new industries determined by the changes occurring in society. Therefore, when studying legal sourcesgoverning the relevant branches of law, the first among them is the Constitution.

The current Constitution of the Russian Federation, therefore, is the main source and civil procedural law, although it has arisen as a branch of law and has developed long before the adoption of the Constitution of the Russian Federation of 1993.

The current civil procedural legislation was based on the Constitutions of the USSR 1936, 1977, at the Constitution of the RSFSR of 1978, in accordance with the changes and additions made to the Constitution of the USSR and the RSFSR, new civil procedural laws were adopted, changes and additions to the Civil Procedure Code and in civil procedural laws.

The importance of the Constitution of the Russian Federation in civil procedural law is that it is:

1. Sets the level of legal regulation of this branch of law.

Civil procedural legislation is in exceptional jurisdiction of the Russian Federation. This means that the subjects of the Federation are not entitled to take, and the courts - in case of adoption - to apply laws regulating the procedure for legal proceedings in the courts of general jurisdiction (including in the world judges, despite the fact that they are judges of the subjects of the Federation) .11 . 71 of the Constitution of the Russian Federation

2. The Constitution of the Russian Federation contains provisions that determine the content, nature of the court's activities and its task as a whole.

This is the provision that the Russian Federation is a legal state, 11 art. 1 of the Constitution of the Russian Federation that a person, his rights and freedoms are the highest value, and the recognition, compliance and protection of human rights and citizen - the duty of the state, 11 art. 2 of the Constitution of the Russian Federation that human rights and freedoms and citizen are directly operating, they determine the meaning, the content and application of laws, the activities of the legislative and executive power, local self-government and are provided by justice. 18 of the Constitution of the Russian Federation

The above provisions of the Constitution of the Russian Federation determine as the most important task of justice as a whole and civil proceedings as one of the forms of adventure of justice, in particular, recognition, compliance and protection of human rights and freedoms and citizen; They also establish the criteria for interpretation and application by the courts of laws and other regulatory legal acts.

3. The Constitution of the Russian Federation contains provisions that determine the constitutional principles of legal proceedings.

Provisions - Principles: Equality of all before law and the court, 11 tbsp. 19 of the Constitution of the Russian Federation Exercise Justice only by the court, 11 Art. 118 of the Constitution of the Russian Federation of Independence of Judges and the subordination of them only by the Constitution of the Russian Federation and the Federal Law, and others.

The Constitution of the Russian Federation consists of 2 sections and 9 chapters.

The most important article constituting one of the foundations constitutional system The Russian Federation is the norm, which establishes the principle of separation of authorities to the legislative, executive and judicial. The organs of these authorities are independent. 11 tbsp. 10 Constitution of the Russian Federation independence judicial authority Communicates with the exercise of control over the legislative and executive authorities.

1.2.2 International treaties

Sources of civil procedural rights include the provisions of international treaties of the Russian Federation, containing the rules of civil proceedings (for example, the subordination, jurisdiction, and the timing of cases of consideration).

If the international treaty of the Russian Federation has established other rules of civil proceedings than those provided for by law, the rules of the International Treaty are applied.22 Part 2 of Art. 1 Code of Civil Procedure of the Russian Federation

This indication is based on general provisionscontained in the Constitution of the Russian Federation, which define the hierarchy of regulatory acts in the legal system of Russia: "Recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If other rules have been established by the International Treaty of the Russian Federation than stipulated by law, then the rules of the International Treaty are applied. ".11 Part 4 of Art. 15 of the Constitution of the Russian Federation

Thus, international treaties of the Russian Federation have a higher legal force than federal laws, and therefore the courts are not entitled to apply these laws if they contradict international treaties.

The Russian Federation is a party to multilateral and bilateral international treaties, conventions, legal assistance agreements on civil and commercial deedsbinding international obligations to the Russian Federation more than one hundred states.

The most significant multilateral international treaties containing procedural norms include: the Hague Convention on Civil Procedure on March 1, 1954; The Hague Convention on the Awards abroad of judicial and extrajudicial documents on civil and commercial affairs of November 15, 1965; The Hague Convention on obtaining proofs of civil and trade cases of March 18, 1970

In these international documents Contains whole line The provisions that are for the Russian procedural law of innovation.

For example, in accordance with the Hague Convention "On the presentation of judicial and extrajudicial documents on civil or trading cases" 33 of Art. 21 of the Hague Convention on the presentation abroad of judicial and extrajudicial documents on civil or trade cases is permissible to the presentation by any persons who are in the Russian Federation (including russian citizens) judicial documents through diplomatic missions and consular institutions Member States of the Convention.

Before joining the specified convention, according to existing contractsIn which Russia participates, the presentation of documents through diplomatic missions and consular institutions was allowed only for its own citizens of relevant foreign states.

The conventions are regulated by the issues of journalism. If several respondents who have residence permit on the territory of different states are involved in the case, the dispute is considered in the residence (location) of any defendant for the choice of the plaintiff. The Convention also affects other procedural issues. Claims to legal entities are concluded in the courts of the Contracting Party, in which the management body is located legal entity, His representation or branch.

The contracts exist some features of the commission of procedural actions in relations with various states.

For example, Russian courts send legal orders to competent Austria, Algeria, Belgium, Germany, France and some other states no later than six months before the day of consideration of the case, and Albania, Bulgaria, Spain, Korea and others - no later than four months.

According to international agreements, the foundation for refusal to execute decisions may be a violation of the right of protection in the course trial; making a decision with an incompetent court; The expiration of a three-year limitation period for the decision to forced execution; The decision on the legislation of the state, in the territory of which it was made, did not enter into legal force; The presence of entry into force of the decision russian courtDissected on the dispute between the same parties, about the same subject and on the same grounds or the presence in the production of the Russian court case between the parties, according to the same grounds before the initiation of the case in a foreign court.

When applying the norms of international treaties, it should be borne in mind that by virtue of the Federal Treats of International Treaties of the Russian Federation, the provisions of officially published treaties of the Russian Federation, which do not require the publication of domestic acts for use, operate in Russia directly 44 part 3 of Article 5 of the Federal Law "On International In other cases, along with the International Treaty of the Russian Federation, the domestic legal act, adopted for the implementation of the provisions of this International Treaty, 5, 5, Part 5 of the Resolution of the Plenum of the Armed Forces of the Russian Federation "On some issues of approval by the courts of the Constitution of the Russian Federation in the exercise of justice"

1.2.3 Federal Constitutional Laws

Federal Constitutional Laws are by their nature part of the Constitution of the Russian Federation. The most significant, containing civil procedural norms includes the following federal constitutional laws:

- "On the judicial system of the Russian Federation".

It discloses and details the constitutional provisions on the independence of the courts and the independence of judges, the obligation of court decisions, the equality of all to law and the court, publicity in the activities of justice, the language of legal proceedings.66 Art. 4 - 6, Art. 7, Article 9, Art. 10 FKZ "On the judicial system of the Russian Federation"

According to the FKZ "On the judicial system of the Russian Federation" to the courts that make up the system federal courts General jurisdiction include the Supreme Court of the Russian Federation, the Supreme Courts of the republics, the regional and regional courts, the courts of the cities of the federal significance, the courts of the Autonomous Region and autonomous districts, district courts, Military and specialized courts.31 Art. 118 of the Constitution of the Russian Federation

- "On the courts of general jurisdiction in the Russian Federation";

- "On arbitration courts in the Russian Federation";

- "On the military courts in the Russian Federation";

- "On the Constitutional Court of the Russian Federation" as a source of procedural law.

The Constitutional Court of the Russian Federation is among the judicial system of the Russian Federation. Regulatory acts or individual provisions recognized as unconstitutional are lost; International treaties, inappropriate the Constitution of the Russian Federation, are not subject to enforcement and use; Solutions of courts based on acts recognized as unconstitutional are not subject to execution. Decisions of the Constitutional Court are mandatory in the territory of the Russian Federation for all judicial authorities.

1.2.4 Civil Procedure Code of the Russian Federation

Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation) - Codified legal actestablishing rules for reviewing and resolving civil cases by the courts of general jurisdiction in the Russian Federation.

The main codified source of civil procedural law is the Code of Civil Procedure. It reproduces the above provisions of the Constitution of the Russian Federation, discloses the content of the principles of the civil procedure, determines the types of legal proceedings, regulates in detail the entire process of the trial of civil cases in the courts of general jurisdiction.

Civil procedural law is contained in many other federal laws.

Code of Civil Procedure of the Russian Federation consists of 7 sections, 47 chapters, 446 articles.

As well as the civil procedural law system, the Code of Civil Procedure of the Russian Federation is divided into a common and special part. IN general part The rules relating to all types and stages of the civil procedure include "the main provisions", "the composition of the court. Taps "," jurisdiction "," Persons participating in the case "," Representative office in court "," evidence "," court costs "," court fines "," procedural terms "," judicial notions and challenges ".

A special part consists of five sections: "Production in the court of first instance", "Production in the cassation instance", "Revision of decisions, definitions and decisions that have entered into legal force", "Executive proceedings", "Civil Procedural Rights foreign citizens and stateless persons, claims foreign states, legal orders and solutions of foreign courts. International treaties. "

In the Code of Civil Procedure of the Russian Federation there are three applications: "The list of types of citizens' property, which cannot be recovered by executive documents"," Restoration of the lost judicial or enforcement proceedings "," Regulations on the Arbitration Court ".

In some cases, the Code of Civil Procedure of the Russian Federation refers to other federal laws, which is not always its dignity. For example, the Code of Civil Procedure of the Russian Federation allows us to determine the jurisdiction of cases by the Supreme Courts of the republics, the regional regional vessels, courts of cities of the federal significance, the court of the autonomous region, the courts of autonomous districts, 22 part 2 of article 26 of the Code of Civil Procedure of the Russian Federation, the Supreme Court of the Russian Federation, 22 part 2 of Article 27 of the Code of Civil Procedure of the Russian Federation as well as the cases for which the prosecutor participates for the prison .3 st. 45 Code of Civil Procedure of the Russian Federation not only by this Code, but also by other federal laws.

In recent years, additions and changes are made to the Code of Civil Procedure of the Russian Federation not at the level of decrees, as it was before, but at the level of the law. The laws of the Russian Federation on the introduction of additions and changes in the Code of Civil Procedure of the Russian Federation are also sources of civil procedural law.

1.2.5 Other federal laws

To other federal laws containing legal norms regarding judicial activity, for example, the Federal Law "On the Status of Judges in the Russian Federation", containing norms on the procedure for appointing and safeguards independence of judges; Federal Law "On Amendments and Additions to the Law of the Russian Federation" On State Duty ", which establishes the size and procedure for paying the state duty in the production of cases in arbitration courts; RF Law "On appealing to the court of action and decisions that violate the rights and freedoms of citizens" and the Federal Law "On Basic Guarantees elective law and the right to participate in the referendum of the citizens of the Russian Federation ", containing procedural regulations that determine the peculiarities of consideration of cases arising from public relations; RF Law "On the Prosecutor's Office of the Russian Federation", which determines the powers of the prosecutor by participating in consideration and revision of civil cases.

There are still quite a lot of logistics laws containing procedural regulations relating to the most common issues of subordinating reports to the courts of general jurisdiction, the distribution of responsibilities for evidence, the admissibility of evidence, etc., however, the provisions of all federal laws are applicable to civil proceedings only in Parts not contrary to the Code of Civil Procedure of the Russian Federation.

1.2.6 Resolutions of the Supreme Judicial Bodies of the Russian Federation

The source of civil procedural law is the rulings of higher judicial authorities. The main objection to the inclusion of judicial acts with a regulatory nature, among sources of law, is reduced to the fact that such inclusion, allegedly, violates the principle of separation of the authorities. However, the court, taking acts that are regulatory, does not replace legislaturebut only fills the gaps in the legal regulation.

An objective criterion that allows to recognize the state of the state authority with a regulatory nature is the presence of new legally significant circumstances in it necessary for regulation public relations. Obviously, new legally significant circumstances used by the courts appear in the acts of higher courts. legal decisions. In connection with which such acts are normally in nature, and therefore refer to sources of law, in particular civil procedural.

The sources of civil procedural law include decisions and definitions of the Constitutional Court of the Russian Federation, in which new legally significant circumstances are given, which must be verified in the regulation of the relevant public relations.

For example, a source of civil procedural right should recognize the decision of the Constitutional Court of the Russian Federation on the unconstitutionality of Article 16 of the Code of Civil Procedure of the RSFSR, in terms of allowing the prosecutor to demand a claim in the absence of an estate of the plaintiff. 77 Resolution of the Constitutional Court of the Russian Federation dated February 14, 2002 it is obvious that the use of this norm has violated the principle Competition and equality of the parties to civil proceedings, as well as the principle of disposition.

The source of civil procedural law is the Resolution of the Plenum of the Supreme Court of the Russian Federation. In particular, the decision "On some issues that arose in connection with the adoption and enactment of the Civil Procedure Code of the Russian Federation" .88 Resolution of the Plenum of the Russian Armed Forces of the Russian Federation "On some issues that arose in connection with the adoption and enactment of the Civil Procedure Code of the Russian Federation"

From the definition of a regulatory legal act, the following legally significant circumstances can be distinguished, the prognality of which allows to recognize this act with a regulatory nature.

1. In this circumstance, the edition of the act in installed manner Plenipotentiary state body. Obviously, higher judicial instances They are the authorities to publish judicial acts in the manner prescribed by federal legislation.

2. In this circumstance, the presence in the content of these acts of conduct of the behavior, mandatory for an indefinite circle of persons designed for repeated use. The considered ruling is designed for repeated use to an uncertain circle of persons, since it is not possible to determine the number of participants in the civil procedure.

3. The circumstances under consideration include the action of these acts, regardless of whether legal relationships arose or ceased to the norms available in their content. It is obvious that the resolution under consideration will not cease to act after applying its norms to specific relations.

In this regard, the prognosis of the circumstances listed allows to recognize both the specified resolution and other resolutions of the Plenum of the Supreme Court of the Russian Federation as a source of law, in particular civil procedural.

In the future, the sources of law should recognize the decisions of the courts to recognize the invalid regulatory legal acts, since such decisions also correspond to the definition of the source of law.

The action of civil procedural rules in time, space and a circle of persons

Sources of civil procedural law as the phenomenon of the objective world exist and function in certain limits - for the designated time, on a certain territory and apply to a separate circle of individuals.

The operation of the regulatory and legal act is the generation of those legal consequences that are provided in it. Because the regulatory act comes into effect, which territory extends its effect, the effectiveness of legal norms depends, achieving the goals and objectives of justice for civil cases. Therefore, the limits of civil procedural regulations must be established in such a way that the newly adopted documents are injected into operation in a timely manner, the old have been canceled, their subordination was strictly observed and there were no cases of applying them to relationships that are not subject to regulatory impact.

The limits of the regulatory legal act are usually installed in three parameters: in time, territory and in a circle of persons. Sometimes the fourth parameter is added - a certain sphere of social relations, which is regulated by the rules of law, and talk about the subject action of regulatory and legal acts.

2.1. Action of regulatory legal acts in time

Determined by two temporary restrictions: the moment of entry into the regulatory act into legal force and the moment of loss of legal force.

The entry into force of the regulatory act means that from now on they must be guided, to execute, to comply with all citizens, legal, officers and organization. However, in order for the norm of law to operate, first of all, it must be published, brought to the attention of entities of law, and the time of its entry into force should be determined.

Currently, the procedure for the entry into force of regulatory legal acts is determined by the Federal Law "On the procedure for publishing and entering into force of federal constitutional laws, federal laws, acts of the Federal Assembly Chambers" 99 FZ "On the procedure for publishing and entering into force of federal constitutional laws, federal laws, Acts of the Chamber of the Federal Assembly "

10 Decree of the President of the Russian Federation "On the procedure for publishing and entering into force of the acts of the President of the Russian Federation, the Government of the Russian Federation and the regulations of the federal executive authorities" and the Decree of the President of the Russian Federation "On the procedure for publishing and entering into force of the acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory Acts of federal executive authorities ".10 In accordance with them, the moment of the beginning of the action of civil procedural regulations is determined in different ways. If a calendar date is specified in the regulatory act (or in the associated document), then it takes effect, then it is from this date that the regulatory act begins.

The commissioning date of the regulatory act is usually indicated at a large period of time between the adoption and the introduction of it, which is associated with the inexpediency of the implementation of regulatory prescriptions during normal time. It should be paid to the fact that with the deviation from the generally accepted period, the legislator applies the term "the introduction of the law" instead of "the entry into force".

If other circumstances are indicated in the regulatory act, determining the moment of entry into force, for example, the moment of official publication, then this will be the date of entry into force of the regulatory act.

Publications in which regulations are officially published are " Russian newspaper"Parliamentary newspaper and" Meeting of the legislation of the Russian Federation ". This method of entry into force of a civil procedure regulatory act has as positive features - efficiency and disadvantages. Citizens, the rights of which are affected by the act, and the law enforcement is in advance not informed and unprepared for the implementation of new norms.

If in the regulatory act, its action is not determined, then come into effect general rulesMounted for this type of regulatory act, in accordance with which federal laws come into force simultaneously throughout the territory of the Russian Federation after 10 days after the day of their official publication.

International Civil Procedures also need to determine their action in time. In accordance with the Federal Law "On International Treaties of the Russian Federation", international treaties are subject to ratification, if other rules are established in them than those provided for by civil procedural law, as well as if their execution requires a change in current or adopting new federal laws. International treaties enter into force for the Russian Federation in the manner and within the deadlines provided for or coordinated in the contract parties.44 of Art. 15 of the Federal Law "On International Contracts of the Russian Federation"

The international treaties that have entered into force are subject to official publication on the report of the Russian Foreign Ministry in the "Meeting of the Legislation of the Russian Federation", as well as in the Bulletin of International Contracts.

As a general rule, the regulatory legal acts themselves indicate the deadline for their action. There are several ways to terminate regulatory legal acts:

- by cancellation or recognition by invalid;

- by actual cancellation. This method is not very convenient for the law enforcement, since complete clarity regarding the action of a regulatory act, instead of which a new act adopted, is absent;

- the expiration of the period on which the regulatory act was adopted;

- Without official cancellation and adoption of a new act, but due to the disappearance of public relations, to the settlement of which it was calculated.

It should be noted that the problem of the action of sources of civil procedural law in time is closely related to questions about whether new law Disseminate its action only on the relationship arising after its entry into force, or he regulates the relationship arising before its entry into force.

Civil proceedings are definitely in civil procedural laws in force during the consideration and permission of the case, the commission of individual procedural actions. In this regard, the new norm of procedural law does not regulate the old relationship in the same way as the old law no longer serves as a regulator of new legal relations. In other words, the action of civil procedural norms is characterized by the absence of the inverse force of the law.

But the inverse force of the procedural law is still admissible to disseminate its norms for subsequent rights and obligations - in relation to already regulated legal relations in order to adjust legal status Persons who joined the legal relationship before the introduction of a new law, with those who become a participant in similar relationships after that moment. The inverse force of the procedural law concerns only the innovative relations arising in the past, on which the final consequences did not come.

In addition to cases of the inverse force of the law, there is an opposite phenomenon - the "experiencing" of the old law after the introduction of the new law. The extension of the force of the law is possible only in relation to the basis of the relationship.

2.2 Action of sources of civil procedural law in space and a circle of persons

The effect of sources of civil procedural law in space is associated with the spread of their action on a certain territory. Civil procedural legislation refers to the exclusive competence of the Russian Federation. 71 of the Constitution of the Russian Federation consequently, civil procedural laws extend their effect on the entire territory of the Russian Federation and on the territory of all its subjects.

The action of civil procedural law in the circle of persons means that this branch of law applies:

- in all citizens of the Russian Federation, regardless of their origin, social and property, racial and national affiliation, gender, education, language, relations to religion, kind and nature of classes, place of residence and other circumstances;

- on state, public enterprises, organizations, institutions, associations;

- on foreign citizens, individuals without citizenship, which have the right to appeal to the court for protection, as well as the same procedural rights as citizens of the Russian Federation;

- For foreign organizations, international organizations.

Trends in the development of civil procedure legislation

The main direction of improving modern civil procedural legislation is to create an effective procedural mechanism for the administration of justice (continuity of legislation, the development of competition, bringing legislation in line with international law norms).

The Arbitration Procedure Code of the Russian Federation and the Civil Procedure Code of the Russian Federation retained the continuity of the basic provisions of the previously operating codes: the same types and stages of the process, general and special institutions.

The main manifestation of innovations in civil proceedings (as the forms of justice, uniting and the arbitration, civil process) is associated with the continuation of the line on the development of the process competition.

In the Arbitration Procedure Code of the Russian Federation and the procedure of exchanging documents was previously established ( statement of claim and feedback on it), the Civil Procedure Code of the Russian Federation introduced such a procedure for the first time.

However, the exchange of competing documents in our legislation was not reinforced by procedural sanctions for the late submission of revocation. The procedural legislation establishes a timing for the exchange of competing papers. In fact, the procedural consequences of exchanging documents - not only the notice of the parties on the legal position, but also restriction of the ability to refer to the facts not specified in the contestants, as well as recognition of the fact.

The next step towards the development of competition was the introduction of evidence disclosure. Practically disclosure of evidence in the Russian version is limited to written evidence, which are exchanged Parties. Concerning testimony, explanations of the parties, then on their content, the opposite side will only know in the process itself.

In its development, the legislation should still follow the way of establishing procedural sanctions for the imperfect of the exchange for the exchange of contestants and for the non-exposure of evidence. But today you can use the potential of applicable law. For example, according to the APC of the Russian Federation, the Arbitration Court has the right to attribute all court expenses On the case on a person abusing with its procedural rights or not fulfilling its procedural duties, if it led to a breakdown of the court session, tightening the trial, to prevent the consideration of the case and adopting a legitimate and informed judicial act.111, Part 2 of Art. 111 APC RF1

Unfortunately, the courts infrequently use this rate to punish the parties, which does not fulfill its procedural duties or abuses by its procedural rights.

Code of Civil Procedure of the Russian Federation and the APC RF regulate the content of the activity at the preliminary court session. The provisions of the Code of Civil Procedure of the Russian Federation are more flexible in regulating these issues, providing for the possibility of termination of the proceedings, leaving the application without considering this stage. When establishing a pass without good reasons time of limitation, The term of appeal to the court judge makes a decision to refuse a lawsuit without research evidence (in the courts of general jurisdiction).

The fundamental difference of modern Russian procedural legislation on the conversational model of legal proceedings is the various standards of evidence. If the party cannot fulfill its obligation to proof, is not able to submit additional evidence at the proposal of the court to confirm the amount of damages, then in the contestant process, such a party loses the case. However B. russian process Hasional instances cancel such decisions, believing that the court must establish facts.

An important aspect of competition is to ensure all persons involved in the case, qualified legal assistance. However, the regional investigation of the country's property does not allow a significant part of the citizens to pay for the services of lawyers. In this regard, the Code of Civil Procedure of the Russian Federation introduced the previously existed Institute - the appointment of representatives by the court.22 of Article.50 Code of Civil Procedure of the Russian Federation court appoints a lawyer as a representative in the absence of a representative from the defendant, whose residence is unknown, and in other cases provided for by federal law. And there are a lot of such cases. However, lawyer compensation is not provided anywhere. Without this, it is extremely important in essence, the norm will not be able to act.

Next innovation is the elimination of controversial jurisdiction of cases and expanding the progressiveness of the affairs of the arbitration courts.

In the APC RF, all corporate disputes (with the exception of labor) are assigned to the conduct of arbitration courts. 111 of Art. 33 APC RF1 The expansion of concreteness of cases to the arbitration courts occurred not only at the expense of corporate disputes, but also at the expense of administrative affairs.

An important innovation was to bring the supervisory order to revise judicial acts in accordance with international standards. The revision of the judicial acts entered into legal force in the supervisory manner arose in soviet period. Recently, this stage of legal proceedings is undergoing fundamental reform.

It is possible to highlight the main directions for which the process of this process is reforming:

1. Establishing a time segment, within which a revision is possible in the order of supervision of judicial resolutions that have entered into force.

Instead of perpetuity (that is, not limited to time) protesting in the supervisory procedure of judicial acts, entered into force, a time limit was introduced (Code of Civil Procedure established one year, the APC of the Russian Federation is three months).

2. Providing the right to supervisory appeal of court decisions that have entered into legal force, persons participating in the case.

3. The legislative regulation is the activities of various subjects before the decision to revise the judicial resolution, which has entered into force.

4. The subject is also radically changed, and the procedure for solving the issue of the need to request the case in order to revise it in the supervisory order.

Conclusion

Sources of civil procedural law in legal significance are those legislative acts and international treaties with the participation of the Russian Federation, which contain civil procedural regulations governing civil proceedings.

Civil procedural law is the right codified. Sources of civil procedural law as an external form of law expression are regulatory acts of various levels containing the rules of the specified branch of law.

Sources of civil procedural law are: the Constitution of the Russian Federation, international treaties, Code of Civil Procedure of the Russian Federation, federal constitutional laws ("On the judicial system of the Russian Federation", "On the courts of general jurisdiction in the Russian Federation" and d.), Federal laws ("On state duty "," O bailiffs"And others), Decisions of the Plenum of the Supreme Court of the Russian Federation.

The action of civil procedural norms applies to the entire territory of the Russian Federation, therefore, without exception, the courts of general jurisdiction are obliged to apply them when considering and resolving civil cases, revising court decisions.

The action of civil procedural law applies to all citizens of the Russian Federation, regardless of their origin, social and property, racial and national affiliation, gender, education, language, relationships to religion, kind, and other circumstances, enterprises, organizations and institutions, for foreign citizens and stateless persons, foreign organizations, international organizations.

These norms are mandatory since the introduction of the law containing their law. As a rule, this time is clearly defined in the regulatory manner.

Civil procedural norms are valid until the law containing their law is not canceled. Date of cancellation or loss of the force of the law is the date of termination of civil procedural norms.

The main direction of improving modern civil procedural legislation is to create an effective procedural mechanism for the administration of justice. The principal moment of the Code of Civil Procedure of the Russian Federation is the strengthening of the principles of competition and dispositions involving the activity of the parties.

However, in the new Code of Civil Procedure of the Russian Federation there is a number of not solved issues that do not always depends only on the procedural methods. It plays the role and mentality of judges, the participants of the arbitral, civil process.

For example, the procedure for researching evidence, enshrined both in the new APK of the Russian Federation and the Code of Civil Procedure of the Russian Federation and in the earlier, does not prevent the competition of the parties. But the court often is trying to independently spend all interrogations without leaving lawyers opportunities for their activities.

In turn, lawyers do not fully fully own the skills of the implementation of procedural actions, and the court is forced to independently perform these actions.

Large load on judges for consideration and loss of cases - an objective factor that does not allow properly to master the newest legislationBut this does not at any extent justify the case lawsuits.

List of used regulatory acts and special literature

Regulations:

1. The Constitution of the Russian Federation is accepted by a nationwide vote on December 12, 1993. // Russian Gazeta - 1993 - December 12

2. Civil Procedure Code of the Russian Federation dated November 14, 2002 №138-ФЗ // Parliamentary newspaper, No. 220-221, 20.11.2002.

3. The Hague Convention on the Awards abroad of judicial and extrajudicial documents on civil or commercial affairs November 15, 1965. // version consultant plus 2012

4. Federal Law of July 15, 1995 No. 101-FZ "On International Treaties of the Russian Federation" // Russian Gazeta, №140, 07.21.1995

5. Resolution of the Plenum of the Armed Forces of the Russian Federation of October 31, 1995 No. 8 "On some issues of applying the courts of the Constitution of the Russian Federation in the implementation of justice"

6. Federal Constitutional Law of December 31, 1996 No. 1-FKZ "On Judicial System of the Russian Federation" // Russian Gazeta, No. 3, 01/06/1997

7. Resolution of the Constitutional Court of February 14, 2002 No. 4-P "In the case of the verification of the constitutionality of Article 140 of the Civil Procedure of the RSFSR in connection with the complaint of citizen L. B. Fisher" // version Consultant Plus 2012

8. Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of January 20, 2003. "On some issues that have arisen in connection with the adoption and enactment of the Civil Procedure Code of the Russian Federation" // version Consultant Plus 2012

9. Federal Law of June 14, 1994 No. 5-FZ "On the procedure for publishing and entering into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly" // Russian newspaper, N 111, 06/15/1994

10. Decree of the President of the Russian Federation dated 23.05.96 №763 "On the procedure for publishing and entering into force of acts of the President of the Russian Federation, the Russian government and regulatory acts of the federal executive authorities" // Russian newspaper, N99, 05/28/1996

11. Arbitration Procedure Code of the Russian Federation dated July 24, 2002 №95-ФЗ // Parliamentary newspaper, N 140-141, 27.07.2002

12. Federal Constitutional Law of 06/23/1999 No. 1-FKZ "On the Military Courts of the Russian Federation" // Russian newspaper, №120, 29.06.1999.

13. Federal Law of December 17, 1998 No. 188-FZ "On the World Judges in the Russian Federation" // Russian Gazeta, No. 242, 12/22/1998.

Special literature:

1. Demichev A. A. Non-traditional sources of civil procedural law of Russia // Ezh-lawyer. - 2006. - №33.

2. Zhuykov V. Code of Civil Procedure and other sources of civil procedural law // Russian Justice. - 2003. - №4.

3. Treuschenikova M. K. Civil Process: Textbook (Edition Second, Recycled and Augmented) / Publishing House: OJSC "Publishing House" Gorodets ", 2007. - 1035 p.

4. Yakova V. V. Civil Procedure: Textbook (Edition 5th, Recycled and Augmented) / Publishing.: Volkers Clever, 2004 -765 p.

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2. HTTPS: // Base. Garant. RU /

3. https: // RU. Wikipedia. ORG /

4. JURITLIB. RU /

5. IDO. RUDN. RU / Lectures / 211 / P2.htm