Legal encyclopedia. Letter P

PREPARATION OF THE CASE TO THE COURT OF PROCEEDINGS.

PD to S.R.

Is carried out in the criminal, civil and arbitral proceedings.

PD to SR in the criminal case - the actions of the judge on the incoming criminal case, during which the judge takes one of the following decisions:

1) referral of the case according to jurisdiction;

2) the appointment of a court session;

3) the appointment of a preliminary hearing.

PD for SR in the civil case - the actions of the judge on the case that came to him, after which he issues a definition, which indicates the actions to be performed by persons involved in the case, and the timing of their commission.

Problems PD to SR in the civil case:

1) clarification of actual circumstances that are relevant for the proper resolution of the case;

2) the definition of the law that follows

Be guided in resolving the case, and establishing the nature of the contentious

Legal relationship of the parties;

3) to resolve the issue of the composition of the persons participating in the case and other participants in the proceedings;

4) submission of the necessary evidence by the parties, other persons participating in the case, as well as rendering assistance to the specified persons in their presentation;

5) reconciliation of the parties.

According to the criminal case, in the order of P., each of the accused faces:

1) Is the matter within the jurisdiction of the court?

2) whether copies of the indictment (certificate) have been handed over;

3) whether the chosen measure of restraint is subject to cancellation or change;

4) whether the applications and complaints submitted are subject to satisfaction;

5) whether measures have been taken to ensure compensation for damage caused by the crime and possible confiscation of property;

6) whether there are grounds for a preliminary hearing.

About PD to SR the judge makes a ruling.

Under the PD to the SR, the plaintiff or his representative passes to the defendant copies of the evidence substantiating the factual grounds of the claim, declares before the judge an application for demanding evidence that he can not obtain independently without the help of a court. The defendant or his representative clarifies the plaintiff's claims and the factual grounds for these claims, submits an objection in writing to the plaintiff or his representative and the court in relation to the claim, passes to the plaintiff or his representative and the judge the evidence substantiating the objections to the claim, declares before the judge the petitions for demanding evidence , Which he can not obtain independently without the help of a court.

With PD to S.R., the judge in the civil proceedings:

1) summons the parties or their representatives and conducts an interview with them;

2) explain to the parties their procedural rights and obligations;

3) interrogate the claimant or his representative on the merits of the claimed claims and suggests, if necessary, to submit additional evidence to a certain

Term;

4) interrogates the respondent on the circumstances of the case, finds out what objections are raised regarding the claim and what evidence these objections can be confirmed;

5) resolve the issue of entering into the case of other persons, replacing the improper defendant, joining and separating the claims;

6) take measures to conclude an amicable agreement by the parties and explain to the parties their right to apply for resolution of the dispute to the arbitral tribunal and the consequences of such actions;

7) resolve the issue of calling witnesses;

8) appoint an expertise and an expert to conduct it, and also resolve the issue of involving a specialist, an interpreter, in the process;

9) assist the parties in obtaining the necessary evidence, demand from organizations or citizens of evidence that the parties or their representatives can not obtain independently;

10) performs other necessary procedural actions.

During the PD to the SR, the judge may hold a preliminary hearing.

According to Art. 152 of the Code of Civil Procedure of the Russian Federation

The court session is aimed at procedural consolidation of the administrative actions of the parties committed under the PD to the SR, the determination of the circumstances that are relevant for the proper consideration and resolution of the case, the determination of the sufficiency of the evidence in the case, the investigation of the facts of missing the terms of reference to the courts and the terms Limitation of actions. Preliminary judicial session is conducted by the judge alone. The parties are notified of the time and place of the preliminary hearing.

The parties in the preliminary court session have the right to present evidence, to argue, to file motions.

In the criminal trial, a preliminary hearing is held: if there is a request for the party to exclude the evidence, if there is reason to return the criminal case to the prosecutor, if there is a reason to suspend or terminate the criminal case, to decide on the special procedure for the trial, on the trial by jury (Article 229 of the Code of Criminal Procedure).

The judge, having recognized the case prepared,

Makes a determination on his appointment to trial in a court session, notifies the parties, other persons involved in the case, the time and place of consideration of the case, causes other participants in the proceedings.