Legal encyclopedia. Letter D

CIVIL PROCEDURAL CODE OF THE RUSSIAN FEDERATION.

GIC

The RF was adopted by the State Duma on October 23, 2002 and signed by the President of the Russian Federation on November 14

2002. The Code of Civil Procedure of the Russian Federation was enacted on February 1

2003

There was a need to improve the existing CCP of the RSFSR, adopted in 1964. By adopting federal laws, it was repeatedly amended and supplemented. This was due to the incompleteness of legislative regulation in the field of the main branches of law, which to date have found their legislative solution.

The Code of Civil Procedure of the Russian Federation consists of 7 sections, containing 47 chapters and 446 articles, which regulate in detail the relations of civil proceedings. The main tasks of civil proceedings include the proper and timely consideration and resolution of civil cases.

The adoption of the new CCP was preceded by a long and painstaking work of the legislator with the participation of highly qualified Russian practical scientists and practicing lawyers. While drafting the draft CPC, the authors sought, on the one hand, to make changes and additions that would correspond to modern social relations, but at the same time preserve the already established system of civil proceedings.

The basis for procedural regulation of these relations is still the principles of competitiveness and equality of the parties. In the new CCP RF law is based on the idea of ​​increasing the activity of the parties in the process of protecting the law, their responsibility for their actions. The Institute of Correspondence Production, which is an additional guarantee of the principle of competitiveness in the civil process, is called to increase the level of responsibility of the parties for their actions or inaction in order to prevent red tape and abuse of procedural law on the part of the defendant.

In the Code of Civil Procedure of the Russian Federation, the provisions of Art. 120 of the Constitution of the Russian Federation on the need to resolve cases, taking into account the supremacy of the Constitution of the Russian Federation, constitutional

Federal laws and federal laws. Also in the Code of Civil Procedure of the Russian Federation there are established rules corresponding to international practice, according to which, if the international treaty of the Russian Federation establishes other rules of civil proceedings than those stipulated by law, the rules of the international treaty are applied.

The Code proceeds from the division of the right to private and public, defining six types of proceedings: an order; Litigation; Production arising from public relations; Special; Proceedings in cases of challenging decisions of arbitration courts and issuing executive orders for the enforcement of decisions of arbitration courts; Production related to the execution of judicial decisions and decisions of other bodies.

According to the new Code of Civil Procedure of the Russian Federation, the prosecutor, if he is involved in the case, can bring a cassation presentation.

In accordance with Art. 71 of the Constitution, civil procedural law is administered by the Russian Federation. On the basis of this, the subjects of the Russian Federation and municipal entities are not entitled to adopt their own regulatory legal acts concerning

Civil proceedings.

On the basis of Part 1 of Art. 1 of the Civil Procedural Code of the Russian Federation, the legislation defining civil litigation consists of the Law on the Judicial System and federal laws.

The main legislative act is the Code of Civil Procedure of the Russian Federation.

All federal laws on civil proceedings are adopted in accordance with this Code of Civil Procedure of the Russian Federation and should not contradict it.

Judicial proceedings are conducted according to federal laws that are in effect "during the consideration and resolution of a civil case, the commission of certain procedural actions or the execution of court orders (judicial orders, decisions, determinations), resolutions of other bodies." It follows that these laws, and above all the CCP of the Russian Federation, do not have retroactive effect.

The adoption of the CCP is an important step in the development of procedural legislation and the logical continuation of the improvement of judicial reform in the Russian Federation.