In case of violation of rights or infringement of intereststhe subject can apply for their restoration in different instances. The most common method of protection is filing an application with a court. The consideration of the claim (complaint) is carried out according to the established rules in several stages. The first is the preliminary hearing. In the civil process, this stage is of particular importance. Let us consider this stage in detail later.
Appeal to the court acts as one ofways to protect the interests and rights guaranteed by the state. The ability to forward claims to an authorized body is provided for in the Constitution. Subjects may apply with the requirements of both non-proprietary and proprietary nature. At the same time, subjects are guaranteed the opportunity to appeal against unlawful actions / omissions of the institutions of power or decisions rendered by them that are contrary to the law.
Authorized body accepts the application toproduction, guided by the established requirements and regulations. The proceedings are also carried out in compliance with the requirements of the law. In general, the whole complex of actions is called a lawsuit. The existing rules establish the duties and powers of the competent authority, determine the rules of conduct for participants in the proceedings. All relations of the parties to the case are regulated in the CCP. The Code defines the procedure for civil procedure, ways and cases of appealing decisions, as well as other features of the procedures. Not only the plaintiff and the defendant, but also other persons at the invitation of the court or the petition of the parties can participate in the consideration of the case.
After accepting the application, the officialauthorized to consider it, carries out a number of mandatory actions. They are aimed at ensuring the subsequent movement of the case. The preliminary court hearing is intended to identify shortcomings in the application, to establish the sufficiency of the evidence presented, the validity of the arguments. Based on this, the official makes a decision. If the claim does not meet the requirements of the Code of Civil Procedure, then it can be left without movement. Moreover, if the identified shortcomings can be corrected, the plaintiff is given for this specific time. If at the end of the allotted correction / clarification is not made, the claim is considered not submitted. Accordingly, all previously sent materials are sent back to the applicant. If there is no obstacle to further movement of the claim, it is accepted for production. The parties shall be informed about the preliminary court hearing in the prescribed manner.
Preparatory court session in civilprocess contributes to the acceleration of the consideration of the case. At this stage, the parties are given the opportunity to correct the deficiencies of the requirements, clarify them, or provide additional documents and petitions. The total duration of these events is not defined in the legislation. It is installed separately for each case. At the same time, the dates should not go beyond the reasonable. Speaking as an initial stage, the preliminary trial is auxiliary. The general movement of the case depends on the actions of the authorized person at this stage. A preliminary court hearing in a civil procedure is a necessary stage in many situations. It does not depend on the complexity of the dispute, the subject of the claim, the number of participants and other circumstances.
Legislation governing civillegal proceedings, has undergone many changes. New institutions were introduced into the legal system. The changes affected not only the procedure of proceedings, but also the principles on which it is based. In the course of reforming the system, the question arose of including a preliminary meeting in the process as a mandatory stage. The previous rules did not provide for the preparatory stage. Currently, a preliminary court hearing in civil proceedings is considered to be the decisive stage in the further movement of the case. Under this procedure, follow-up actions are formulated.
Some experts believe that preliminarycourt hearing is not in all cases appropriate. Meanwhile, the legislation provides for certain cases of its obligation, which seems to be quite reasonable. In practice, the courts appeal to a variety of reasons. In any case, the person authorized to review the lawsuits needs time to verify compliance with legal requirements. In addition, a preliminary court hearing in civil proceedings is a stage at which the responsibilities of the participants are distributed, a set of measures and rules for their further behavior are formulated. The authorized person at this intermediate stage not only acquaints with requirements and evidence, but also determines the need to involve third parties, including specialists from various fields of activity (expert, for example).
The preliminary trial is held with the notice of participants. At this stage, the parties are vested with the rights that they exercise before the decision is rendered. The claimant at this stage may:
The respondent is given less opportunity. Nevertheless, the actions of this participant are also mainly aimed at providing additional information on the merits. The defendant may:
As mentioned above, it can be doneat the request of the plaintiff. The legislation also provides the court with the right to request documents and materials relating to the dispute. For this purpose, an assignment, a letter, a request to the appropriate authorities (institutions, state bodies, etc.) are sent. In addition, the court has the right to request additional information that is necessary for it to make a reasoned, lawful and objective decision.
The primary task is determined by the policyactions of the authorized person and participants of the dispute. The parties commit them on their own, at the request or by order of the court. For example, in the latter case, the respondent may be obliged to submit objections to the claims. Participants can also apply for any activities. In the framework of the intermediate stage, the court determines the sufficiency of evidence and materials on the case. Another goal is to establish all the circumstances that are relevant to the merits of a dispute. This is achieved by studying the arguments and objections cited by the parties. The relevant conclusions are also made when considering written statements and explanations. At the preliminary meeting, the defendant can indicate the expiration of the limitation period, and the court, in turn, has the opportunity to verify this fact, give a proper legal assessment and respond if necessary.
Holding a preliminary hearing may notonly significantly reduce the total time for consideration of the dispute, but also to complete the proceedings. At this stage, the authorized person has the right to carry out activities that will cease production. The legislation also allows for the suspension of proceedings at this stage. In this case, the corresponding determination testifies to the preliminary court hearing. If the plaintiff for some reason did not appear at the hearing, the statement may be left without consideration. At an intermediate stage, participants may also negotiate a settlement. The applicant has the right to voluntarily waive the claims that he made. In turn, the defendant can recognize the claim. This will also lead to the end of production. In the event that both participants fail to appear, the court has the right to appoint a second preliminary hearing. On it, the situation given above may be repeated or the time of the next stage at which the matter will be considered on its merits will be determined.
It should be said separately about the indication of the respondent tomissed claim term. If the court finds that the period for filing an application has really expired, and no evidence of valid reasons has been presented and a statement about its restoration has not been sent, this will have negative consequences. In particular, the requirements will be dismissed. At the same time, it should be borne in mind that the applicant himself may not be aware that the limitation period has expired. Accordingly, he will not be able to immediately provide an explanation or evidence of the validity of the reasons for the permit. In this regard, the court must find out all the circumstances and facts in order to avoid making a decision that violates someone's rights.
If at the preliminary stage did not occurgrounds for suspension or termination of proceedings, the requirements are not left without consideration, the court makes a determination and appoints the first full hearing. The expediency and necessity of the preparatory activities is determined by the authority authorized to hear the case.
