In some civil cases, there is no legal dispute between the parties, but it is necessary to obtain a court decision in order to inherit, receive a pension or correct documents. For such cases, the civil procedural legislation provides for a special procedure for considering certain categories of civil cases.
Some civil disputes are dealt with in a special way that differs from the general civil procedure. Such cases are characterized by the specifics of the stated requirements and the absence of a dispute between the parties about the rights to the subject of the application. In special proceedings, the parties are referred to as applicants and interested persons, the jurisdiction of cases is determined somewhat differently, and not a claim, but a statement is submitted to the court.
Categories of cases considered in special proceedings
The list of disputes is clearly defined by the legislator:
• establishment of legal facts (being in a marriage relationship, a person's ownership of a document, kinship, paternity, adoption, ownership of property, opening an inheritance, etc.),
• establishing paternity, adoption, • establishing a citizen as deceased or missing, • recognition as incompetent or, conversely, capable (emancipation of a minor), • recognition of an ownerless thing, • referral to a psychiatric hospital for compulsory treatment, • in case of loss of a court case - its restoration, • changes in the content of documents issued by the registry office.
This list is not restrictive, and the law may provide for other cases of special consideration of cases. Each application has its own procedure.
Features of production
Cases are heard only in district courts. Most applications are accepted at the place of residence of the applicant.
The document must indicate the reason for going to court. For example, when considering a case on amending the birth certificate or establishing the fact of kinship, you need to write why a court decision is needed (inheritance, pension, etc.). For each category of the case, its own order has been developed. The Code of Civil Procedure of the Russian Federation contains a list of documents required for consideration of the application.
If the judge finds that there is a dispute in the case about the rights or the interests of others are affected, he leaves the application without consideration and invites the applicant to go to court in the usual way.
In some cases, the legislator has reduced the time for their consideration. So, for example, an application for sending a patient to a psychiatric hospital must be considered within 2 days from the moment he is admitted to the hospital.
State bodies, such as guardianship and trusteeship departments, prosecutors, notaries, etc., may participate in special proceedings.
Representatives of government agencies have the same rights as other participants in the process. Based on the results of the hearings, they give their opinion.
According to the general rules of civil procedure, the court that made the decision cannot independently cancel it (with the exception of absentee verdicts). In a special proceeding, a court decision declaring a person dead or missing may be canceled by the same court if the citizen is alive.
