Structural parts of a court session in civil proceedings. Components of a court session

Preparatory - the court decides the issues of the trial of the case with a given composition of the court, the trial of the case when the participants in the process have appeared, the consideration of the case by this court or adjournment (but adjournment may also follow other parts of the trial).

Research - study of the circumstances of the case.

Judicial debate and the prosecutor's conclusion - different parts

Decree and announcement of the decision

Preparatory part s/z.

Even before the court enters the courtroom, the court secretary must find out which of the participants in the process has appeared.

At the appointed time, the court composition enters the courtroom; the persons participating in the case are in the courtroom, which is always open during court hours.

The presiding judge in the case opens the court session and announces which case is to be heard, for example, a civil case is being heard on Ivanov’s claim against Petrov for compensation for damage in connection with a collision of vehicles.

Then the attendance of the participants in the process is checked, the secretary must report on the appearance court session, but usually the presiding officer himself finds out who has appeared, the persons participating in the case present their documents (passports) and powers of attorney to the judge.

If a translator is involved in the case, the presiding officer explains his duties and warns him of criminal liability. If there are witnesses in the courtroom, then they are removed from the room so that they do not hear the testimony of the parties, they should not communicate with each other, therefore those who have already been interrogated are left in the courtroom, or with the permission of the court they can leave. Ideally, witnesses should be provided with accommodations to await being called into the courtroom. Witnesses can be removed from the courtroom, and after a participant in the process makes a motion to question a witness who has not yet been brought into the case as a witness, the court discusses this motion, almost always satisfies and removes the witness from the courtroom.

After this, the composition of the court is announced, the names of the judge, the presiding judge, people's assessors, the prosecutor, a representative of the public, the labor collective (you feel that the Civil Procedure Code is outdated in relation to the last two), an expert, a translator, and a secretary of the court session are announced. Sometimes a reserve attorney is involved in the case - in case one of the assessors is unable to participate in the further consideration of the case, this happens very, very rarely, just in case of emergency, when the case is very voluminous, so as not to start it again. Nowadays, courts are experiencing difficulties in forming and already approved list of people's assessors.

The presiding officer explains that the persons participating in the case are parties. third parties, representatives of organizations, have the right to challenge anyone from the court.

Please note that a judge cannot challenge a judge, but a prosecutor can challenge someone from the court. The lawyer supports or not the challenge declared by his client. The expert does not have the right to challenge. However, each member of the court may recuse himself. Challenges are resolved by the court in the order in which they are filed by the participants in the process - from the plaintiff to third parties, first challenges to the panel of judges, then to the prosecutor, the secretary, according to the procedure of Article 154 of the Code of Civil Procedure.

The basis for challenges is common to all - Article 17 of the Code of Civil Procedure: “A judge, people’s assessor, prosecutor, secretary, expert and translator cannot participate in the consideration of the case and are subject to challenge if they are personally, directly or indirectly, interested in the outcome of the case or have other circumstances that raise doubts about their impartiality,” the same grounds for a representative of the public (Article 21 of the Code of Civil Procedure).

So are the separate grounds for disqualifying a judge - Articles 18 and 19 of the Code of Civil Procedure:

a) if he previously participated in the case as a secretary, translator, representative, witness, prosecutor;

b) is a relative of a person participating in the case;

c) if a judge considered a case in one instance, then already working in another instance he cannot consider this case.

But point (c) for the prosecutor, expert, translator and court secretary cannot be a basis for challenge, but points (a) and (b) are grounds for challenge for them (Article 20 of the Code of Civil Procedure).

There are also additional grounds for challenge for the expert:

if he is or was in official or other dependence on the persons involved in the case, if he carried out an audit, the materials of which served as the basis for initiating this type of gr. affairs, and when it is discovered that he is not competent.

The court cannot include relatives; the Code of Civil Procedure does not determine the circle of relatives, so one should also proceed from distant relationships (nephews, second cousins, etc.).

The challenge that is filed must be motivated by other participants in the process; the judge finds out the opinion on the challenge. Challenges are allowed by making a “decision” in the deliberation room. The determination is made by the judge and people's assessors in relation to everyone else. And in relation to themselves, they make a determination together, if it is declared to three, and by the remaining two, if to one, while the secrecy of the deliberation room is maintained, voting takes place, and if there is an equality of votes, the challenge is considered valid. If the judge alone considers the case, then he also decides the issue of recusal, also by issuing a ruling.

If the challenge is granted, then the challenged person is replaced immediately, or the case is postponed, perhaps even transferred to another court if there is no one to listen to it. The ruling cannot be appealed, it can only be protested by the prosecutor or the chairman of the court. In practice, challenges are rarely granted, self-challenges are not declared, and the case is simply transferred to another judge, another secretary is involved in the case, etc. In the process of considering the issue of challenges, the issue of whether the case should be considered collectively or by a single judge is also resolved. In those cases that are considered individually in accordance with Article 113 of the Code of Civil Procedure and Article 245 of the Code of Civil Procedure, the judge alone enters into the process and there cannot be questions about collegiality, even if the parties want this, since the sole procedure is established by the legislator, in relation to other cases, such as recognition invalid transactions, complaints against the actions of officials, housing disputes, the case can be considered by a judge alone, while the persons participating in the case do not object, which they sign in the protocol, if the plaintiff is not against the sole consideration of the case, but the other participant, even 3 person objects, the case should be considered collectively. In this case, the judge either looks for lay judges or even postpones the case for another day. When the court subsequently decides to consider the case individually, and someone was not present during the consideration of the case, then if he writes a complaint and indicates that he did not agree with the sole consideration of the case, this may serve as a reason to cancel the decision. Therefore, it is reasonable, when conducting pre-trial preparation of cases, to ask individuals whether they agree to the sole consideration of the case.

The court is usually always the presiding judge (Article 155 of the Code of Civil Procedure), and this is what the law requires, so that the rights and obligations are explained by the presiding officer, the rights and obligations of the persons participating in the case, namely the parties, third parties, specialists, experts, and the public. The rights are not explained to the prosecutor or lawyer - they are members of the court. There are no witnesses in the room at this stage. An indication that rights and obligations are explained in the protocol is mandatory.

After it has been determined who has appeared and their rights have been explained, the court resolves the application by issuing rulings on the spot or in the deliberation room. This could be a statement about the forgery of a document in the case, a petition to interrogate a witness, to demand evidence, to interrogate someone. At the same time, the opinions of others on what is stated are always heard, as well as the conclusion of the prosecutor, if he is involved in the process.

In case of failure to appear in court by persons from whom no notification has been received about the reason for the failure to appear, or there are no receipts for receipt of subpoenas, the case is postponed. If the case is not complicated, the plaintiff has appeared, then the court, in the case of an available receipt, can proceed to the procedure for considering the case in absentia, but the plaintiff must be informed about this and all the consequences of the absentee consideration of the case are explained to him, the plaintiff usually himself asks to consider the case in absentia, but in case in this case, he does not have the right to change the claims, increase the size of the requirements and must wait 15 days to see if the defendant will file an application to cancel the default judgment; here there is simply a conflict of law, since in ten days and default judgment comes into effect.

There may be a situation when everyone is notified, but someone does not appear for a valid reason, and the court must not only postpone the case, sometimes it has the right to suspend it (business trip, illness). Sometimes participants ask to consider the case in their absence, usually these are organizations, which they notify the court of in writing. Usually, this is when nothing depends on the testimony of a representative, for example, a municipal housing committee registers ownership of housing, a dispute about the right between heirs, the participation of a committee representative is not necessary, an extract from the database is provided.

The court may consider the case in the absence of the defendant if he deliberately delays the consideration of the case, is dishonest in in this case the defendant believes that without him “they will not judge him” and either he is on a business trip, or is ill, or did not appear without specifying a reason, or asks to be postponed because his lawyer is not there, and it should be kept in mind that the failure of a lawyer to appear without a good reason is not an obstacle to the consideration of the case, and the failure of a representative notified of the day of the hearing to appear, if the person represented in court is not an obstacle to the consideration of the case.

The main thing to understand is that this issue is always considered and decided depending on the circumstances of the case and the persons and number of participants in the process. So sometimes there are up to 20 defendants in a case, and the case can be considered against them as usual, and against someone as a failure to appear in accordance with Article 157 of the Code of Civil Procedure or as in absentia against a defendant (one of them or several).

An option is possible when the plaintiff does not appear in court, the first time the case is postponed, and the second time it remains without consideration, but with the condition that the defendant does not demand that the case be considered on the merits; if he demands, then instead of the plaintiff’s testimony, the court reads out statement of claim.

Due to the failure of anyone, including a witness or an expert, the court may postpone the case, either without proceeding to the investigation and explanations of the parties, or after examining the case, explanations of the parties, or one plaintiff, defendant, or third party. If there is reason to believe that someone will not appear at the next court hearing, and according to the plot of the case, testimony is important, the court will interrogate the participant in the process who appeared in court.

If the court postpones the hearing of the case, then the persons are immediately informed of the new date, they sign that they have been notified, and summonses are sent to those not present.

So, if there are no grounds for postponing or suspending the case, then the court proceeds to the hearing of the case on the merits of Article 164-184 of the Code of Civil Procedure. One of the judges reports the case, for example, a case is being heard on Petrov’s claim against Selezneva for the protection of honor and dignity and compensation for moral damage in the amount of 5 thousand rubles, then the presiding judge says: “Plaintiff Petrov filed a claim against Selezneva for the protection of honor and dignity, because he believes that Selezneva, in the reference given to him, provided information that was untrue and derogatory to his dignity and asks the court to recover 5 thousand rubles in compensation for moral damage.” Next, the question must be asked: “Does plaintiff Petrov support his claims?” The plaintiff answers: “Yes,” it is possible, of course, that he will make some additional demands or abandon the claim, or report that he agrees to a peaceful resolution of the dispute and has already agreed with the defendant to close the case, and she will pay him two thousand rubles . In such cases, the court finds out how the defendant relates to the plaintiff’s statements, and if there is a waiver of the claim or a settlement agreement, then the court no longer considers the case on its merits. And a ruling is made to approve the settlement agreement. I draw your attention to the fact that the settlement agreement must be stated by the parties clearly and clearly, in writing, in the protocol they sign that the consequences of the approval of the settlement agreement have been explained to them. The binding force of the settlement agreement - in case of non-compliance, you can apply for a written performance list in the order of cassation and supervision, the ruling can be appealed and protested, the text of the settlement agreement is attached to the case and remains with the parties, and a writ of execution can be issued for execution. The court's ruling on approval of the settlement agreement contains the very terms of the agreement. At the same time, the conditions cannot violate the law, and therefore cannot always be approved by the court. The settlement agreement must be on the subject of the dispute. If the claim is abandoned, the court does not find out the motives and in any case is obliged to accept the refusal of the claim. In both of these cases, the proceedings are terminated. The determination to accept the waiver of the claim may also be the subject of appeal and protest.

There is also a procedure for the defendant to acknowledge the claim, that is, the defendant at the court hearing, or even before the trial in a written statement declares his agreement with the claim, he can admit the claim in some part.

A party may admit some fact, then this circumstance no longer needs to be proven, for example, the defendant declares that he has already transferred some amount to the plaintiff as compensation for damages, if the plaintiff confirms this, then receipts, etc. not required.

In a settlement agreement, waiver of a claim, or recognition of a claim, the principle of dispositivity is expressed, i.e. the ability of the parties to dispose of their rights in civil proceedings. This was a pattern of development of civil substantive law, since the new Civil Code expanded the possibilities of action at its own discretion “Citizens and legal entities at their own discretion, exercise their civil rights" Part 1, Article 9, Part 1 of the Civil Code of the Russian Federation. A to civil rights also applies to the right to legal protection. That is, the subjects of law themselves decide how to defend themselves in court, go to court for protection or refuse. The main thing is that they perform these actions voluntarily, understand their meaning and consequences, these actions do not violate the law and these actions do not violate the rights of other persons, so there cannot be a settlement agreement on the property of a person not participating in the case.

The court checks whether the defendant’s recognition of the claim does not affect the rights of other persons, so the court cannot accept the recognition of the claim if we're talking about about moving into the apartment, if other persons who do not recognize the claim are also entitled to it, in this case the court must examine all the circumstances of the case and make a decision on the merits of the dispute. If the recognition of the claim is accepted by the court, which must be reflected in the court decision, the claim is satisfied.

After the report of the case, the parties give explanations on the case. If third parties are involved in the case, then they act on the relevant side. The prosecutor or other persons who go to court to protect the interests of the plaintiff act first. When questioning a witness, the first to ask questions are those whose witness it is, the plaintiff, his lawyer, then the defendant, third parties, the expert, the court asks questions last. Questions asked by participants in the process may be rejected either at the request or by decision of the presiding judge in the case. As many as 7 articles of the code are devoted to the interrogation of witnesses, since the testimony of a witness is frequently occurring, accessible, significant evidence. During judicial reform, the measures that are provided for witnesses in criminal cases should also be applicable to civil cases. However, when assessing witness testimony, the court should take into account that witnesses are often interested in the outcome of the case, because are relatives, acquaintances and neighbors.

Then the written evidence is examined.

Protocols of previously completed procedural actions are made public. As for material evidence, in practice it is very rarely examined in court.

The expert's opinion is usually already available in the case materials; the court reads it out; if there is no need, the expert is not interrogated and may not be present during the consideration of the case.

Then the organs government controlled give an opinion on the case - these are organizations such as the guardianship department, notary chambers, i.e.

Those who supervise activities in certain areas, and the persons participating in the matter are under their subordination or in the field of their activities.

After considering all the evidence and hearing all the participants, the presiding officer must find out whether there are any more additions; if not, the court may postpone the case due to the need to involve someone else, or due to the possibility of obtaining additional evidence when this is necessary to protect the rights of the parties and third. persons, or announces the end: the court declares the investigation of the case completed and invites them to take part in the judicial debate.

Please note that not only lawyers, but all participating persons participate in the debate, even if a party has a lawyer, he can take part in the debate himself. The procedure for making speeches is regulated by Article 185 of the Code of Civil Procedure. Since speeches can say something that was not reflected in the previous speaker, you can use a remark, but a remark is not a second speech, but an opinion about some nuance, this does not mean one sentence, but also not a text per page. The response from the defendant is the last, by analogy with the last word of the defendant.

A little about the speeches of lawyers, if the speech is constructed well, then it is usually fascinating, says the plaintiff’s lawyer, there is no doubt - he is right, and if the defendant speaks, there is also no doubt - he is right, the main thing is in the construction of the lawyer’s speech (the law does not strictly regulate his speech , as a court decision), and depends on the plot of the case, interesting or dry legal, on competence, on the Russian language and logic. The lawyer’s behavior, his competence, and relationships with the client cannot be his personal business alone; he is entrusted with the function of providing legal assistance to citizens and protecting their interests. The need to improve legislation is long overdue, but it all comes down to the issues of collecting large taxes from lawyers, as well as the desire to nationalize the legal profession. However, in any case, a lawyer must act only by legal methods. “Profession gives us certain habits that come from our work. Just as a blacksmith’s work leaves traces on his calloused hands, so for us, defenders, a protective vein always remains our property, not because we see, mainly, people who we sympathize, forgive, and for whom we regret... except for us, defenders, for the direct protection of them from offenders, the law has not created another class,” N. Plevako speech in defense of Kurbatov.

One thing I want to say is that no matter how brilliant the lawyer’s speech is, the main thing is that it reveals the legal position of the party; if there is legal argumentation, this is a plus. The court must not just succumb to emotions, but at this time assess whether it is still necessary to resume trial in essence, whether something new is said in the speeches, whether the laws that the lawyer refers to really exist, and whether he distorts their meaning.

Next, the next stage is the prosecutor's conclusion. In any case, the prosecutor gives an opinion as to whether he is participating in the case or whether he has brought a claim in the interests of a person or the state. At the same time, I would like to note that there is only one prosecutor in the district, and as a rule, his assistants act in court, but from the point of view of the Civil Procedure Code, they are prosecutors, although all documents are already signed by the district prosecutor, they are only executors. Interaction with the judiciary is typical for the prosecutor's office as a centralized body, which aims to create guarantees of the rule of law in the country, protect individual rights and freedoms, it should be borne in mind that in the Constitution of the Russian Federation one article No. 129 is devoted to the prosecutor's office, which is included in the section "Judicial Power" chapter 7 the prosecutor's office is not part judiciary, even those prosecutors who participate in the consideration of the case are not among the court employees. Within the framework of civil proceedings, the prosecutor's office carries out its activities in two directions: participation in the consideration of gr. cases, protesting decisions and rulings that contradict the law. Thus, over the last two years alone, prosecutors have participated in more than 600 thousand civil cases. These are cases of reinstatement at work, eviction, limitation of legal capacity, and deprivation of parental rights. The participation of prosecutors is determined by law and is a guarantee of a legal and informed decision. The prosecutor has more opportunities to study the case under consideration; sometimes it happens that the prosecutor was already aware of the situation before the case was considered in court: a complaint, an appeal from an organization.

Thus, such cases as deprivation of parental rights sometimes do not arise spontaneously; the family is monitored by the juvenile affairs inspectorate for months, signals are received by the police, and the prosecutor supervises all this. Of course, this does not mean that whatever the prosecutor decides, such a decision will be made by the court, but the prosecutor is not an interested person who objectively approaches the case, therefore, the opinions of the prosecutor and the court almost always coincide.

As a participant in the process, the prosecutor may initiate a civil case. The civil process in this case acts as a means for the prosecutor to achieve the tasks and goals of prosecutorial supervision. The prosecutor has civil procedural legal capacity (this is the opinion of V.V. Yarkov “Legal facts in the mechanism for implementing the norms of civil procedural law”, 1992 pp. 124-125, Yekaterinburg). Thus, Article 27, paragraph 4 of the Law of the Russian Federation “On the Prosecutor’s Office of the Russian Federation” clearly regulates: “the prosecutor, in the event of a violation of the rights and freedoms of man and citizen, brings a claim in the interests of the victims when they, for health reasons, age or other reasons, cannot do this in person, or when the rights and freedoms of a significant number of citizens have been violated, or due to other circumstances the violation has acquired a special public importance". Therefore, the prosecutor must indicate in the statement in whose interests the claim is brought and why the person himself cannot go to court. The prosecutor’s speech in the debate must not be confused; if he initiated the case, he speaks first, and his conclusion, which follows after the debate. The prosecutor also does not have the right to refer in the conclusion to those circumstances that were not examined by the court, he must give an opinion on the merits of the case, referring to the legal position. Here is an approximate conclusion in the case of deprivation of parental rights: “Citizen Petrova, being the mother of two children born in 1989 . and born in 1993, has withdrawn herself from their upbringing and maintenance, the children have been on state support for more than a year, Petrova is able to work, due to health reasons she can fulfill parental responsibilities, but does not work, leads an immoral lifestyle, leaving the children with her will negatively affect their upbringing , and therefore, in accordance with Articles 69, 70, 71 of the RF IC, I ask the court to deprive her of parental rights and transfer the children to the care of the guardianship department.”

After this, the court retires to deliberate to make a decision. The presiding officer must definitely announce this, and not just get up and leave.

After making a decision in the deliberation room, the judge and the court panel return to the courtroom and announce the decision out loud, reading out the full text. When the decision is announced, everyone in the room stands.

But the presiding officer may allow someone from among the participants in the process to sit down due to infirmity, physical condition. It must be explained when and within what time frame you can appeal the decision. If no decision was made, then the corresponding determination is announced.

Sometimes such a determination may be a determination to resume judicial consideration of the case on the merits.

One of the types of determinations may be a determination to suspend proceedings in a case under Articles 214 and 215 of the Code of Civil Procedure, the first speaks about the obligation of the court to suspend the case, and the second about the possibility.

Suspension is essentially a temporary break in the progress of the case, but this statement is conditional, so when the case is suspended, it does not mean that the participants in the process cannot collect additional evidence, but outside the court session, experts at this time examine the presented material and give an opinion , the parties can agree on a peaceful resolution of the dispute, legal successors enter into the case, etc. Suspension is, rather, for the court, a period of time during which it does not have the right to carry out procedural actions in the case, with the exception of the process of resuming proceedings in the case and setting a date for consideration.

Postponement of the trial of a case is the transfer of the process to another date, it is appointed at the court hearing.

The court may also make not a decision that resolves the case on the merits, but a ruling to terminate the proceedings under Article 219 of the Code of Civil Procedure, which means for the participants in the process the end of the consideration of the case in court, due to the fact that the dispute cannot be considered in court or has already was considered or resolved peacefully.

Leaving without consideration should be distinguished from termination, i.e. the court due to the fact that the conditions for filing a claim in court were not met or were filed by the wrong person, or the person does not appear (Article 221) does not consider the case. However, at any time the consideration of the case may be resumed at the request of the applicant or a new but similar process may be initiated.

As for the protocol of the court session, the procedure for maintaining it is regulated by Article 226-230 of the Code of Civil Procedure, and it should be borne in mind that the secretary of the court session is not just a technical worker, but a procedural person, he is part of the court; challenges are filed; challenges can be brought to the record comments.

The court protocol is a mirror of the trial, the main source of objective data with the help of which the legality and validity of decisions made by the court are verified. "It becomes, as it were, a guarantor of the possibility of objective verification of not only decisions taken, but also the legality of all actions of the court during the trial of the case" (Zubov V., "Protocol as a mirror of the trial", Russian Justice, 9-98).

Various points of view are expressed regarding the fact that the technical process has covered all spheres of human activity, and in court, everyone, like in the last century, writes a protocol, like church chroniclers. The currently achieved technical level allows us to thoroughly record everything that happens in the process. But is it necessary to put every word on paper? First of all, not everyone can construct their speech beautifully, logically, without repeating themselves, the court has no right to demand this, since this is not an oratory test, some people can speak in court only by answering questions, then they speak to the point, so not everyone The testimony must be stated in the protocol as an answer to the question. All testimony on the merits of the dispute must be entered into the protocol, everything that the participants in the process ask to be included in the protocol; I draw your attention to the fact that except for the presiding officer, no one has the right to demand that it be entered into the protocol, but can only ask. Such situations arise when someone said an important date, or something completely new, etc. Testimony is recorded in the first person: “I was married, have children, etc.” If a person speaks too quickly, or reads from a piece of paper, for example a petition, then the presiding officer may ask to speak more slowly, note that a protocol is being kept, and ask whether the person would like to attach his written petition to the case materials. The protocol must be a reflection of the entire course of the court session: there was a challenge, this should have been recorded, even if the challenge is rejected, the defendant came to the court hearing late, this means the entry: “the defendant Petrov appeared in court,” while the conditions for the defendant must be met to exercise his rights, i.e. the trial must be interrupted, the right to challenge, his rights are explained to him, the essence of the case is stated, possible re-examination of witnesses, testimony of the plaintiff (there are no rules in the law for such a situation, this is the opinion of the author of the lectures, since if the defendant is allowed into the courtroom, not how the person present is an outsider, then his rights must be respected, otherwise this is a violation of his rights, or the judge does not consider that he has appeared in court (which is more reasonable for the presiding judge to decide). The protocol must be written correctly, close to the speech pronounced in court, but the speeches of the lawyers and the prosecutor are written briefly, the questions themselves are not recorded unless they have been rejected. If there are several plaintiffs (defendants) in the case and they have similar demands or testimony, then only one can speak on behalf of all of them, by proxy, or by trust during the meeting. If witnesses give similar testimony, the court may find further questioning of witnesses inappropriate.

The protocol must be written in the same ink, without blots, and all corrections must be specified. So on the sheet where the correction was made, for example, the last name is indicated incorrectly, at the end of the sheet (page) the secretary writes to believe the corrected person, and the judge and the secretary certify this. If some lines are missing (usually when the secretary left more space than necessary in order to enter what he did not have time to write), then the Latin “z” is added.

All documents that were attached during the meeting are filed with the case before the protocol; after the protocol, only the decision or ruling of the court to terminate the case or to suspend the case is filed.

Minutes are kept during the meeting, but one day is given for its preparation. However, the law does not provide for such situations as the illness of a secretary, a judge who cannot sign the finished protocol, a protocol of one sheet or 30 sheets, the terminology of family cases or copyright. Therefore, it is necessary to legislate the right of the court to extend the period for preparing the protocol, and to suspend (in case of illness) the period for its production. It is necessary to do this, since within three days, persons can submit comments on the protocol; if it is not prepared, then they have to raise before the court the issue of extending the period for filing comments on the protocol, while they do not know when they will be able to familiarize themselves with him. The procedure for making comments on the protocol should not be abolished, but witnesses should be included in the circle of people who can make them, since the protocol reflects their testimony. Issues of extending the period for preparing the protocol could be resolved by a ruling of the court, the judge, the chairman of the court, in the event of illness of the judge in the case, if he considered the case without assessors.

The problem is not that the courts will abuse and delay the preparation of protocols, but that the courts have a heavy workload, the incompetence of secretaries, their lack of skills to grasp on the fly, sometimes without a judge they cannot write a protocol or are lazy.

I would like to draw your attention to the fact that the presiding officer’s decision regarding comments on the protocol s/z cannot be appealed.

If the secretary wrote in the protocol that something is wrong, as the judge believes, then if you strictly follow the law, by analogy with Article 229 of the Code of Civil Procedure, the judge must bring comments and consider them, but in practice the secretary rewrites what was wrong . In addition, unfortunately, cases are not uncommon when a judge himself prepares a protocol for a secretary who is sick at a session, and then waits for his signature. The quality of the protocol also depends on the judge’s ability to conduct the process; it is appropriate to instruct the secretary during the meeting what to write down in the protocol, ask the person to repeat it, this does not at all mean dictating the protocol s/o.

Even if sound or video recording is carried out at the court hearing, then the protocol must be kept, and a note about this is made in the protocol. Permission for sound recording is not required, but for video and photos, permission from the presiding officer is required. A good article on this issue is available in the journal Russian Justice No. 12, 1998, p. 146.

In higher authorities, protocols are not kept, but this is only because of the economy of legal proceedings. The ways in which the legislation on the s/z protocol will develop in the future are different, both from the complete abolition of the protocol, and to a transcript and recording that will be added to the case.

Note: the text of the lecture does not reproduce the contents of the articles of the Code of Civil Procedure in full, since the author considers this unnecessary, they can be read during the lecture on the code, the students themselves will also read them, the main thing is that their numbers are named, but instructions are given on those points in the rules of law, which are understood differently, or which are not paid attention to during a cursory reading of the Code of Civil Procedure.

The trial is a system of sequential actions of the court and the participants in the process. Within the framework of such a system, the criminal procedural law distinguishes structural elements trial: 1. Preparatory part of the trial. In this part, the court session is opened, the attendance of the participants in the trial is checked and the question of the possibility of considering the case in the event of failure of any of them is decided, the rights and obligations of the participants in the trial are explained, the composition of the court is announced and the right of challenge is clarified, as well as the stated claims are considered and resolved. participants in the application process. During the preparatory part of the trial, witnesses are removed from the courtroom. 2. Judicial investigation. This is the main part of the trial, the essence of which is the examination by the court, with the participation of the parties, of all the circumstances of the case, all evidence collected both by the preliminary investigation bodies and requested by the court on its own initiative or at the request of participants in the trial. At the end of the preparatory actions, the presiding officer announces the start of the judicial investigation. The judicial investigation begins with the reading of the indictment, and if the indictment has been changed, also the determination of the ordering session of the court or the judge’s decision, in cases specified in Part 1 of Art. 27 of the Code of Criminal Procedure, - from the announcement of the victim’s statement, and in cases of crimes listed in Art. 425 of the Criminal Procedure Code, - with a judge’s decision to initiate a criminal case and bring the offender to trial. If a civil claim is filed in the case, the statement of claim is also announced. After reading these documents, the presiding officer explains to the defendant, and if there are several defendants, to each of them, the essence of the charge and asks whether they understand the charge, whether they plead guilty and whether they wish to testify. If a civil claim is filed in the case, the presiding judge asks the defendant and the civil defendant whether they recognize the claim. After clarifying the question of whether the defendant pleads guilty and wants to testify in court, the presiding judge ascertains the opinion of the participants in the trial about the order in which the defendants, victims, witnesses, experts and other investigative actions should be questioned. The procedure for investigating a case is established by a court ruling or a judge’s decision, which is entered into the protocol. The judicial investigation is carried out by the court in full, regardless of the defendant’s recognition of the charges brought against him. After the court has considered all the evidence available in the case, the presiding judge asks the participants in the trial whether they wish to supplement the judicial investigation and with what exactly. In cases where petitions are filed, the court discusses them and resolves them, making a ruling, and the judge makes a ruling. After resolution of the petitions and completion of additional actions, the presiding judge declares the judicial investigation completed. 3. Judicial debate. At the end of the judicial investigation, the court proceeds to judicial debate. Their essence consists in the speeches of the state prosecutor, public prosecutor, the victim and his representative in cases of private prosecution, civil plaintiff and civil defendant or their representatives, defense lawyer, public defender, and in the absence of a defense lawyer - the defendant himself. In this part of the trial, its participants summarize the judicial investigation, evaluate the evidence collected and examined in the case, and justify their position on the case taking into account the function performed. In their speeches, participants in judicial debates have the right to refer only to the evidence that was examined at the court hearing. The court does not have the right to limit the duration of judicial debates and speeches of their participants to a certain time. However, the presiding judge has the right to stop participants in judicial debate in cases where their speeches go beyond the scope of the case under consideration. At the end of the speeches, the participants in the judicial debate have the right to exchange remarks. The right of the last remark belongs to the defense attorney, and if he is not there, to the defendant. 4. The last word of the defendant. After the speech of the defense lawyer or the defendant, the presiding judge declares the judicial debate over and gives the defendant the last word. The court does not have the right to limit the duration of the defendant's last word to a certain time. Questions are not allowed to be asked of the defendant during his last word. If the defendant, in his last word, reports new circumstances that are significant for the case, the court, on its own initiative, as well as at the request of the prosecutor or other participants in the trial, resumes the judicial investigation. At the end of the resumed judicial investigation, the court opens judicial arguments regarding the additionally investigated circumstances and gives the last word to the defendant. 5. Sentencing. After the last word of the defendant, the court immediately retires to the deliberation room to pronounce the verdict, which the presiding officer announces to those present in the courtroom.
34.

More on the topic Parts of the trial, their contents:

B.68. Trial as a stage of the civil process, its meaning and parts. Procedure of trial.
Judicial proceedings in the arbitration process: its parts and content.
71. Proceedings in cases of invalidating legal acts in whole or in part: content of the application, procedure for trial, issue
35. Scope and content of procedural actions to prepare the case for trial. Preliminary trial.

Parts of the trial

The preparatory court decides the issues of the trial of the case with a given composition of the court, the trial of the case with the appearance of the participants in the process, the consideration of the case by this court or adjournment (but adjournment may also follow other parts of the trial).

An exploratory study of the circumstances of the case.

Judicial debates and the prosecutor's conclusion, different parts

Decree and announcement of the decision

Preparatory part s/z.

Even before the court enters the courtroom, the court secretary must find out which of the

participants in the process appeared.

At the appointed time, the court composition enters the hall, the persons participating in the case are in the courtroom, which is always open during work

The presiding judge in the case opens the court session and announces which case is to be heard, for example, to be heard

civil case on the claim of Ivanov against Petrov for damages in connection with a collision of vehicles.

Then the attendance of the participants in the process is checked, the appearance must be

The secretary of the court session reports, but usually the presiding judge himself finds out who has appeared; the persons participating in the case present their documents (passports) and powers of attorney to the judge.

If a translator is involved in the case, it is explained to him

presiding duty and he is warned of criminal liability. If there are witnesses in the courtroom, then they are removed from the room so that they do not hear the testimony of the parties, they should not communicate with each other, therefore those who have already been interrogated are left in the courtroom, or with the permission of the court they can leave. Ideally, witnesses should be provided with accommodations to await being called into the courtroom. Witnesses can be removed from the courtroom, and after a participant in the process makes a motion to question a witness who has not yet been brought into the case as a witness, the court discusses this motion, almost always satisfies and removes the witness from the courtroom.

After this, the composition of the court is announced, the names of the judge are announced,

presiding judge, people's assessors, prosecutor,

a representative of the public, a labor collective (you feel how the Civil Procedure Code is outdated in relation to the last two), an expert, a translator, a court secretary. Sometimes a reserve attorney is involved in the case in case one of the assessors is unable to participate in the further consideration of the case, this happens very, very rarely, just in case of emergency, when the case is very voluminous, so as not to

start it again. Nowadays, courts are experiencing difficulties in forming and already approved list of people's assessors.

The presiding officer explains that the persons participating in the case

Parties. third parties, representatives of organizations, have the right to challenge anyone from the court.

recusal. Challenges are resolved by the court in the order in which they are filed by the participants in the process, from the plaintiff to third parties, first challenges to the panel of judges, then to the prosecutor, the secretary of the order

Article 154 of the Code of Civil Procedure.

The grounds for challenges are common to all - Article 17 of the Code of Civil Procedure: “Judge, people’s assessor, prosecutor, secretary, expert and

translators cannot participate in the consideration of the case and are subject to recusal if they are personally, directly or indirectly, interested in the outcome of the case or there are other circumstances that cast doubt on their

impartiality”, the same grounds for a representative of the public (Article 21 of the Code of Civil Procedure).

So are the separate grounds for disqualifying a judge, Articles 18 and 19 of the Code of Civil Procedure:

a) if he previously participated in the case as a secretary, translator,

representative, witness, prosecutor;

b) is a relative of a person participating in the case;

c) if a judge considered a case in one instance, then already working in another instance he cannot consider this case.

But point (c) for the prosecutor, expert, translator and court secretary cannot be a basis for challenge, but points (a) and (b) are

for them the basis for challenge (Article 20 of the Code of Civil Procedure).

There are also additional grounds for challenge for the expert:

if he is or was in official or other dependence on the persons participating in the case, if he carried out an audit,

the materials of which served as the basis for the initiation of this kind of gr. affairs, and when it is discovered that he is not competent.

The court cannot include relatives; the Code of Civil Procedure does not determine the circle of relatives, so one should also proceed from distant relationships (nephews, second cousins, etc.).

The challenge that is declared must be motivated, for others

participants in the process, the judge finds out the opinion on the challenge. Challenges are allowed by making a “decision” in the deliberation room. The determination is made by the judge and people's assessors in relation to everyone else. And in relation to themselves, they make a determination together, if it is declared to three, and by the remaining two, if to one, while the secrecy of the deliberation room is maintained, voting takes place, and if there is an equality of votes, the challenge is considered valid. If the judge

single-handedly considers the case, then he also decides the issue of recusal,

also with the issuance of a determination.

The court is usually always the presiding judge (Article 155 of the Code of Civil Procedure), and this is what the law requires, so that the rights and obligations are explained by the presiding officer, the rights and obligations of the persons participating in the case, namely the parties, third parties, specialists, experts, and the public. The composition of the court is not explained to the prosecutor or lawyer. There are no witnesses in the room at this stage. An indication that rights and obligations are explained in the protocol is mandatory.

existing in the case, a petition to interrogate a witness, to obtain evidence, to interrogate someone. At the same time, the opinions of others on what is stated are always heard, and the conclusion of the prosecutor, if he

participates in the process.

In case of failure to appear in court by persons from whom no notification has been received about the reason for the failure to appear, or there are no receipts for receipt of subpoenas for the case

postponed. If the case is not complicated, the plaintiff has appeared, then the court in case

existing receipt can go to the absentee procedure for consideration of the case, but the plaintiff must be notified about this and all the consequences of the absentee consideration of the case are explained to him, the plaintiff usually himself asks to consider the case in absentia, but at the same time he does not have the right to change the claims, increase the amount of demands and must wait 15 days to see if the defendant will file an application to set aside the default judgment; here there is simply a conflict of law, since after ten days the decision in absentia comes into force.

There may be a situation when everyone is notified, but someone does not appear for a valid reason, and the court must not only postpone the case, sometimes

has the right to suspend (business trip, illness). Sometimes participants ask to consider a case in their absence, usually these are organizations about

than notify the court by written notice. Usually, this is when nothing depends on the testimony of a representative, for example, the municipal housing committee registers ownership of housing,

a dispute about the right between heirs, the participation of a committee representative is not necessary, an extract from the database is provided.

The court may consider the case in the absence of the defendant if he

deliberately delays the consideration of the case, the unscrupulous defendant in this case believes that without him “they will not judge him” and either he is on a business trip, or is ill, or did not appear without specifying a reason, or asks to be postponed since his lawyer is not there, and in this case he should have I mean that the failure of a lawyer to appear without a good reason is not an obstacle to the consideration of the case, but the failure of a representative notified of the day of the hearing to appear, if the person represented in court is not an obstacle to the consideration of the case.

The main thing you need to understand is that this issue is always considered and decided depending on the circumstances of the case and the persons, number of participants

process. So sometimes there are up to 20 defendants in a case, and the case can be considered against them as usual, and against someone as a failure to appear in accordance with Article 157 of the Code of Civil Procedure or as in absentia against the defendant

(one of them or several).

An option is possible when the plaintiff does not appear in court, the first time the case is postponed, and the second time it remains without consideration, but with the condition,

that the defendant does not demand to consider the case on its merits; if he does, then instead of the plaintiff’s testimony, the court reads out the statement of claim.

Due to the failure of anyone, including a witness or an expert, to appear, the court may postpone the case without starting the investigation and explanations of the parties,

and after examining the case, explanations of the parties, or one plaintiff, defendant, third party. If there is reason to believe that someone will not appear at the next court hearing, and according to the plot of the case

the testimony is important, the court will interrogate the participant in the process who appeared in court.

If the court postpones the hearing of the case, then the persons are immediately informed of the new date, they sign that they have been notified, not

Summons are sent to those present.

So, if there are no grounds for postponing or suspending the case, then the court proceeds to the hearing of the case on the merits Article 164-184

Civil Procedure Code. One of the judges reports the case, for example, the case is being heard on Petrov’s claim against Selezneva for the protection of honor and dignity and compensation for moral damage in the amount of 5 thousand rubles, then

the presiding officer says: “Plaintiff Petrov filed a lawsuit against Selezneva for the protection of honor and dignity, since he believes that Selezneva, in the reference issued to him, provided information that was not true and derogated from his dignity and

asks the court to recover 5 thousand rubles in compensation for moral damage.” Next, the question must be asked: “Does plaintiff Petrov support his claims?” The plaintiff answers: “Yes,” it is possible, of course, that he

and will state some additional demands or abandon the claim, or say that he agrees to a peaceful resolution of the dispute and has already agreed with the defendant to close the case, and she will pay him two thousand rubles.

In such cases, the court finds out how the defendant relates to the plaintiff’s statements, and if there is a waiver of the claim or a settlement agreement, then the court no longer considers the case on its merits. And a determination is made about

approval of the settlement agreement. I draw your attention to the fact that the settlement agreement must be set out by the parties clearly and clearly, in writing, in the protocol they sign that the consequences

the approvals of the settlement agreement were explained to them. The binding force of the settlement agreement, in case of non-compliance, you can apply with a request to issue a writ of execution in the order of cassation and supervision, the determination can be appealed and protested, the text of the settlement

agreement is attached to the case and remains with the parties; a writ of execution may be issued for execution. The court's ruling on approval of the settlement agreement contains the very terms of the agreement.

At the same time, the conditions cannot violate the law, and therefore cannot always be approved by the court. The settlement agreement must be on the subject of the dispute. If the claim is abandoned, the court does not find out the motives and in any case

obliged to accept the waiver of the claim. In both of these cases, the proceedings are terminated. The determination to accept the waiver of the claim may also be the subject of appeal and protest.

confirms, then receipts, etc. not required.

In a settlement agreement, waiver of a claim, or recognition of a claim, the principle of dispositivity is expressed, i.e. possibilities of the parties

exercise your rights in civil proceedings. This

was a pattern of development of civil substantive law, since the new Civil Code expanded the possibilities of acting at its discretion “Citizens and legal entities, at their own discretion, exercise their civil rights” Part 1 Article 9 Part 1

Civil Code of the Russian Federation. Civil rights also include the right to judicial protection.

That is, the subjects of law themselves decide how to defend themselves in court, go to court for protection or refuse. The main thing is that they perform these actions voluntarily, understand their meaning and consequences, these actions do not violate the law and these actions do not violate the rights of other persons, so there cannot be a settlement agreement on the property of a person not participating in the case.

The court checks whether the defendant’s recognition of the claim does not affect the rights of other persons, so the court cannot accept the recognition of the claim if we are talking about

moving into an apartment if other persons who do not recognize the claim are also entitled to it, in which case the court must examine everything

circumstances of the case and make a decision on the merits of the dispute. If the recognition of the claim is accepted by the court, which must be reflected in the court decision, the claim is satisfied.

The interests of the plaintiff come first. When questioning a witness, the first to ask questions are those whose witness it is, the plaintiff, his lawyer, then the defendant, third parties, the expert, the court asks questions last. Questions asked by participants in the process may be rejected as

request, and by decision of the presiding judge in the case. As many as 7 articles of the code are devoted to the interrogation of witnesses, since the testimony of a witness

Frequent, accessible, significant, evidence. Those

The measures that are provided for witnesses in criminal cases should also be applied in civil cases during judicial reform. However, when assessing witness testimony, the court should take into account that witnesses are often interested in the outcome of the case, because are relatives, acquaintances and neighbors.

Then the written evidence is examined.

Protocols of previously completed procedural actions are made public. As for material evidence, in practice it is very rarely examined in court.

The expert's opinion is usually already available in the materials

case, the court announces it; if there is no need, the expert is not interrogated, and may not be present during the consideration of the case.

Then, government authorities give an opinion on

In fact, these are organizations such as the guardianship department, notary chambers, i.e. those who supervise activities in certain areas, and the persons participating in the matter are under their subordination or in the field of their activities.

After considering all the evidence and hearing all participants, the presiding officer must find out whether there is more

additions, if not, then the court may postpone the case due to the need to involve someone else, or due to the possibility of obtaining additional evidence when this is necessary to protect the rights of the parties and third parties. persons, or announces the end: court

declares the investigation of the case completed and invites to take part in the judicial debate.

Please note that not only lawyers participate in the debate,

and all parties involved, even if a party has a lawyer, he can take part in the debate himself. The procedure for making speeches is regulated by Article 185 of the Code of Civil Procedure. Since speeches can say something that was not reflected in the previous speaker, you can use a remark, but a remark is not a second speech, but an opinion about some nuance, this does not mean one sentence, but also not a text per page. The response from the defendant is the last, by analogy with the last word of the defendant.

A little about the speeches of lawyers, if the speech is well constructed, then it is usually fascinating, says the plaintiff’s lawyer, there is no doubt he is right, but

the defendant will also speak, there is no doubt he is right, the main thing is in the construction of the lawyer’s speech (the law does not strictly regulate his speech, like a court decision), and it depends on the plot of the case, whether it is interesting or dry

legal, from competence, from the Russian language and logic. The behavior of a lawyer, his competence, relations with a client cannot be only his personal matter; he is entrusted with the function of providing

legal assistance to citizens, protection of their interests. The need to improve legislation is long overdue, but it all comes down to the issues of collecting large taxes from lawyers, as well as the desire

to nationalize the legal profession. However, in any case, a lawyer must act only by legal methods. “Profession gives us certain habits that come from our work. Like a blacksmith's

work leaves traces on his calloused hands, so for us, defenders, a protective streak always remains our property, not because we see, mainly, people with whom we sympathize, forgive, and for whom we regret... except us,

“Defenders, for the direct protection of them from offenders, the law has not created another class,” N. Plevako, speech in defense of Kurbatov.

One thing I want to say is that no matter how brilliant the lawyer’s speech was,

the main thing is that it discloses the legal position of the party; if there is legal argumentation, this is a plus. The court must not just succumb to emotions, but at this time assess whether it is still necessary to resume the trial on the merits, whether it is said in

speeches of something new, do the laws that the lawyer refers to really exist, and does he not distort their meaning.

It should be noted that there is only one prosecutor in the district, and as a rule his assistants act in court, but from the point of view of the Civil Procedure Code they are prosecutors, although all documents are already signed by the district prosecutor, they are only executors. Interaction with the judiciary is typical for

the prosecutor's office as a centralized body, aimed at creating guarantees of the rule of law in the country, protecting individual rights and freedoms, it should be borne in mind that the Constitution of the Russian Federation is dedicated to the prosecutor's office

one article No. 129, which is included in the section “Judicial Power”, Chapter 7, the prosecutor’s office is not part of the judicial power, even those prosecutors who participate in the consideration of the case are not included in

court employees. Within the framework of civil proceedings, the prosecutor's office carries out its activities in two directions: participation in the consideration of gr. cases, protesting violations of the law

decisions, definitions. Thus, over the last two years alone, prosecutors have participated in more than 600 thousand civil cases. These are cases of reinstatement, eviction, restriction

legal capacity, deprivation of parental rights. The participation of prosecutors is determined by law and is a guarantee of a legal and informed decision. The prosecutor has more opportunities to study the case under consideration; sometimes it happens that the prosecutor has no time to

consideration of the case in court, the situation was known: a complaint, an appeal from an organization.

Thus, cases such as deprivation of parental rights do not arise

sometimes spontaneously, for months, the family is observed by the juvenile affairs inspectorate, signals are received by the police, and the prosecutor supervises all this. Of course, this does not mean that whatever the prosecutor decides, such a decision will be made by the court, but the prosecutor is not an interested person who objectively approaches the case, therefore, the opinions of the prosecutor and the court almost always coincide.

The Law of the Russian Federation “On the Prosecutor's Office of the Russian Federation” clearly regulates: “the prosecutor, in the event of a violation of the rights and freedoms of man and citizen, brings a claim in the interests of the victims, when they, for health reasons, age or other reasons, cannot do this in person, or when they are violated

rights and freedoms of a significant number of citizens, or due to other circumstances the violation has acquired special social significance.” Therefore, the prosecutor must indicate in the application in whose interests the claim is brought and why the person himself cannot go to court. The speech of the prosecutor in the debate must not be confused; if he initiated the case, he speaks first, and his conclusion, which follows after the debate. The prosecutor also does not have the right to refer in his conclusion to circumstances that were not examined by the court; he must give an opinion on the merits of the case, referring to the legal position. Here is an approximate conclusion in the case of deprivation of parental rights: “Citizen Petrova, being the mother of two children born in 1989. and born in 1993, has withdrawn herself from their upbringing and maintenance, the children have been on state support for more than a year, Petrova is able to work, due to health reasons she can fulfill parental responsibilities, but does not work, leads an immoral lifestyle, leaving the children with her will negatively affect their upbringing , and therefore, in accordance with Articles 69, 70, 71 of the RF IC, I ask the court to deprive her of parental rights and transfer the children to the care of the guardianship department.”

After this, the court retires to deliberate to make a decision. The presiding officer must announce this

and not just get up and leave.

After making a decision in the deliberation room, the judge and the court panel return to the room and announce the decision out loud, reading out the full

text. When the decision is announced, everyone in the room stands.

But the presiding judge may allow someone from among the participants in the process to sit down due to weakness, physical

condition. It must be explained when and within what time frame you can appeal the decision. If no decision was made, then the corresponding determination is announced.

Sometimes such a determination may be a determination to resume judicial consideration of the case on the merits.

One type of definition may be the definition of

suspension of proceedings in a case, Articles 214 and 215 of the Code of Civil Procedure, the first speaks of the court’s obligation to suspend the case, and the second of the possibility.

At this time, experts examine the presented material and give an opinion, the parties can agree on a peaceful resolution of the dispute, legal successors enter into the case, etc. Suspension is more likely

for the court, the period of time during which it does not have the right to carry out procedural actions in the case, with the exception of the process of resuming proceedings in the case and setting a date for consideration.

Postponement of the trial of a case is the transfer of the process to another date, it is appointed at the court hearing.

The court may also make not a decision that resolves the case on the merits, but a ruling to terminate the proceedings in the case Article 219

Civil Procedure Code, which means for the participants in the process the end of the consideration

cases in court, due to the fact that the dispute cannot be considered in court or has already been considered or resolved amicably.

It is necessary to distinguish from termination leaving without consideration,

those. the court due to the fact that the conditions for filing a claim in court were not met or were filed by the wrong person, or the person does not appear (Article 221) does not consider

case. However, at any time the consideration of the case may be resumed at the request of the applicant or a new one may be started, but

similar process.

As for the protocol of the court session, the procedure for maintaining it is regulated by Article 226-230 of the Code of Civil Procedure, and one should have

In view of the fact that the secretary of the court session is not just a technical worker, but a procedural person, he is part of the court, challenges are filed for him, comments can be made on the protocol.

The protocol is a mirror of the trial, the main source of objective data with the help of which the legality and validity of decisions made by the court are verified. "He becomes

as if a guarantor of the possibility of objective verification of not only the decisions made, but also the legality of all actions of the court during the trial of the case” (Zubov V., “Protocol as a mirror of the trial”, Russian Justice, 9-98).

The currently achieved technical level allows us to thoroughly record everything that happens in the process. But is it necessary to put every word on paper? First of all, not everyone can build their own

speech is beautiful, logical, without repetition, the court has no right to demand this, since this is not an oratory test, some people can speak in court only by answering questions, then they speak in

essentially, therefore, not all testimony needs to be stated in the protocol as an answer to the question. All testimony on the merits of the dispute must be entered into the protocol, everything that the participants in the process ask to be included in the protocol, please note that no one except the presiding officer has the right

demand to be included in the protocol, but they can only ask. Such situations arise when someone said an important date, or something completely new, etc. Testimony is recorded in the first person: “I was married, I have

children, etc.” If a person speaks too quickly, or reads from a piece of paper, for example a petition, then the presiding officer may ask to speak more slowly, to pay attention to what is being said

protocol s/z, ask if the person would like his written request

attach to the case materials. The protocol must be a reflection of the entire course of the court session: there was a challenge, this should have been recorded, even if the challenge is rejected, the defendant came to the court hearing late, this means the entry: “the defendant Petrov appeared in court,” and the conditions for the defendant must be met to exercise his rights, i.e. the trial must be interrupted, the right to challenge, his rights are explained to him, the essence of the case is stated, possible re-examination of witnesses, testimony of the plaintiff (there are no rules in the law for such a situation, this is the opinion of the author of the lectures, since if the defendant is allowed into the courtroom, not how the person present is an outsider, then his rights must be respected, otherwise this is a violation of his rights, or the judge does not consider that he has appeared in court (which is more reasonable for the presiding judge to decide). The protocol must be written correctly, close to the speech pronounced in court, but the speeches of the lawyers and the prosecutor are written briefly, the questions themselves are not recorded unless they have been rejected. If there are several plaintiffs (defendants) in the case and they have similar demands or testimony, then only one can speak on behalf of all of them, by proxy, or by trust during the meeting. If witnesses give similar testimony, the court may find further questioning of witnesses inappropriate.

The protocol must be written in one ink, without blots,

all corrections are specified. So on the sheet where the correction was made, for example, the last name is indicated incorrectly, at the end of the sheet (page) the secretary writes to believe the corrected person, and the judge and the secretary certify this. If some lines are missing (usually when the secretary left more space than necessary in order to enter what he did not have time to write), then the Latin “z” is added.

All documents that were included during the meeting are filed before the minutes, and after the minutes they are filed

only a decision or ruling of the court to terminate the case, to suspend the case.

Minutes are kept during the meeting, but one day is given for its preparation. However, the law does not provide for such situations as the illness of a secretary or a judge, who cannot

sign, protocol from one sheet or from 30 sheets, terminology of family affairs or copyright. Therefore, it is necessary to legislate the right of the court to extend the period for preparing the protocol, and to suspend (in case of illness) the period for its production.

It is necessary to do this, since within three days, persons can submit comments on the protocol; if it is not prepared, then they have to raise before the court the issue of extending the period for filing comments on

protocol, but they do not know when they will be able to familiarize themselves with it. The procedure for making comments on the protocol should not be abolished, however, the circle of persons who can bring them should include witnesses,

since the record reflects their testimony. Extension issues

the production of a protocol could be permitted by a ruling of the court, the judge, the chairman of the court, in the event of illness of the judge in the case, if he considered the case without assessors.

The problem is not that the courts will abuse and delay the preparation of protocols, but that the courts have a heavy workload,

the incompetence of the secretaries, their lack of skills to grasp things “on the fly”, sometimes without a judge they cannot write a protocol or are lazy.

I would like to draw your attention to the fact that the presiding officer’s decision regarding comments on the protocol s/z cannot be appealed.

If the secretary wrote in the protocol that something is not right, as the judge believes, then if you strictly follow the law, by analogy with Article 229 of the Code of Civil Procedure, the judge must bring comments and consider them, but in practice

the secretary rewrites what was wrong. In addition, unfortunately, cases are not uncommon when a judge himself prepares a protocol for a secretary who is sick at a session, and then waits for his signature. From the skill of the judge

The quality of the protocol also depends on how the process is conducted; it is appropriate to give instructions during the meeting to the secretary what to write down in the minutes, ask the person to repeat it, this does not at all mean dictating the minutes.

Even if sound or video recording is carried out at the court hearing, then the protocol must be kept, and a note about this is made in the protocol. Permission for recording is not required, but

Videos and photos require permission from the presiding officer. A good article on this issue is available in the journal Russian Justice No. 12, 1998, p. 146.

At higher authorities, protocols are not kept, but this is only

due to the savings in legal proceedings. The ways in which the legislation on the s/z protocol will develop in the future are different, both from the complete abolition of the protocol, and to a transcript and recording that will be added to the case.

Note: the text of the lecture does not reproduce the contents of the articles of the Code of Civil Procedure in full, since the author considers this unnecessary, they can be

read during a lecture on the code, the students themselves will also read them, the main thing is that their numbers are named, but indications are given of those points in the rules of law that are understood differently, or that are not paid attention to

attention when briefly reading the rules of the Code of Civil Procedure.

Components of a court session

Structurally, a court hearing consists of several parts that have different special purpose: the preparatory part of the court session, consideration of the case on the merits, judicial debate and decision-making.

With the opening of the presiding judge, the court session begins preparatory his Part. Carrying out the function of managing the process, the court in this part of the court session resolves various organizational issues, which ensures the possibility of considering the case on the merits. In addition, in the preparatory part of the court session, the court performs the function of assisting persons participating in the case in the exercise of their rights, for which the court explains procedural rights and responsibilities.

The sequence of procedural actions performed by the court is defined in the Code of Civil Procedure in the form of a sequence of articles regulating these actions, but is not mandatory and, if necessary, can be adjusted by the court.

One of the main tasks of the preparatory part is to resolve the issue of the possibility of considering the case on the merits at a given court hearing, taking into account the composition of the court, the appearance of the persons involved in the case and the available evidence. To solve this problem, the notice and appearance of the persons participating in the case are checked, the composition of the court is announced and applications for challenges are resolved (if any), and the possibility of considering the case in the absence (in absentia) of the participants in the process who did not appear is determined.

In an adversarial process, participation in a court hearing is a right, and not an obligation, of the person participating in the case. Persons participating in the case are only obliged to inform the court about the reasons for failure to appear (Part 1 of Article 167 of the Code of Civil Procedure). In this case, participants in the process can ask the court to consider the case in their absence (Part 5 of Article 167 of the Code of Civil Procedure).

A person participating in the case must be notified of the time and place of the court hearing in the manner prescribed by law, however, it is impossible to oblige, for example, the plaintiff or a third party to appear at the court hearing. An exception due to the specific nature of the substantive nature is, for example, cases arising from public legal relations in which the court may recognize the mandatory attendance of a representative of an authority at a court hearing state power, a local government body or official (Part 4 of Article 246 of the Code of Civil Procedure), or adoption cases requiring mandatory personal participation of the adoptive parent(s) in the court hearing (Article 273 of the Code of Civil Procedure).

The procedural law, without establishing the obligation to participate, establishes the consequences of the failure of persons participating in the case to appear at the court hearing. It should be noted that there are no “less significant” participants in the process and the consequences of non-notification or failure to appear are the same regardless of which of the persons participating in the case did not appear at the process.

Special rules are established in case of failure of the plaintiff or defendant to appear at the court hearing. Thus, the failure of a properly notified plaintiff to appear at a court hearing under certain circumstances is considered as evidence of a loss of interest in the court and is grounds for leaving the application without consideration. The failure of the defendant to appear under certain conditions is grounds for consideration of the case in absentia proceedings. These procedural institutions will be discussed in the relevant paragraphs of the textbook.

The failure of a person participating in the case to appear in the absence of information about his notification is an unconditional basis for postponing the case to civil process.

The failure of a representative to appear has slightly different consequences than the failure of the participant in the process to appear. According to Part 6 of Art. 167 of the Code of Civil Procedure, the court may postpone the hearing of a case at the request of a person participating in the case due to the failure of his representative to appear for a good reason. Thus, even if the reasons for the absence of a representative are valid, postponing the case does not become the duty of the court.

It should be noted that the postponement of a case due to the failure of a representative to appear is in any case possible only at the request of the person participating in the case.

The court has the right to consider the case if any of the persons participating in the case and notified of the time and place of the court hearing fail to appear, if they do not provide information about the reasons for the failure to appear or the court recognizes the reasons for the failure to appear as disrespectful.

An important point in the preparatory part of the court session is establishing the identity of the persons participating in the case, checking the powers of officials and representatives (Article 161 of the Code of Civil Procedure). In civil proceedings, there is no institution of verification and recognition of the powers of persons participating in the case and judicial representatives, provided for by arbitration procedural legislation (Article 63 of the Arbitration Procedure Code). In this regard, there is no clear regulation of the procedural consequences of the lack of identification documents, the absence or improper registration of the powers of judicial representatives. In practice, the refusal of admission to participate in a court hearing, which is not directly provided for by law, is used.

In paragraph 4 of the resolution of June 26, 2008 No. 13 “On the application of the norms of Civil procedural code Russian Federation when considering and resolving cases in the court of first instance" the Plenum of the Supreme Court of the Russian Federation determined that when establishing the identity of the participants in the process who appeared at the court hearing (Article 161 of the Code of Civil Procedure), it is necessary to find out their last name, first name, patronymic, date of birth, place of work and residence. The court establishes the identity of a citizen based on examination of a passport, service ID or other identification document.

In addition, in relation to an official or his representative, the scope of his powers is clarified (Articles 48, 54 of the Code of Civil Procedure), as well as the existence of circumstances that exclude the possibility of his participation in court (Article 51 of the Code of Civil Procedure).

The question of the possibility of considering the case by the given composition of the court, which is resolved in the preparatory part, is the question of the existence of grounds for disqualifying the judge.

In accordance with Art. 164 of the Code of Civil Procedure, the presiding judge announces the composition of the court, informs who participates in the court session as a prosecutor, the secretary of the court session, representatives of the parties and third parties, as well as as an expert, specialist, translator, and explains to the persons participating in the case their right to recuse themselves and bends.

The grounds and procedure for considering applications for challenges are established in Art. 16–21 Code of Civil Procedure.

The right to challenge a judge is one of the guarantees of the right to a fair and public trial by an independent and impartial court.

According to the provisions of Art. 16 of the Code of Civil Procedure, a magistrate, as well as a judge, cannot consider a case and is subject to recusal if he:

1) during the previous consideration of this case, participated in it as a prosecutor, court secretary, representative, witness, expert, specialist, translator;

2) is a relative or relative of one of the persons participating in the case, or their representatives;

3) is personally, directly or indirectly interested in the outcome of the case, or there are other circumstances that cast doubt on his objectivity and impartiality.

In addition, it has been established that the court hearing a case cannot include persons who are related to each other.

Article 17 of the Code of Civil Procedure establishes the rules on the impossibility of a judge’s participation in the consideration of a case if he previously took part in its consideration by another court.

General grounds for disqualifying a judge specified in Art. 16 of the Code of Civil Procedure apply to the prosecutor, court secretary, expert, specialist, and translator. An expert or specialist, in addition, is subject to recusal if he was or is in official or other dependence on any of the persons participating in the case or their representatives.

The presence of interest in the case as a basis excluding the possibility of the prosecutor's participation in the case is illustrated by the following example.

Arbitrage practice(position of the Constitutional Court of the Russian Federation): In a case in which the prosecutor's office is the plaintiff or defendant, the representative of the prosecutor's office defending his interests as a participant in a controversial material legal relationship has only those general rights and obligations of the person participating in the case that are enshrined in Art. 35 Code of Civil Procedure. The use in this case of the powers granted by procedural legislation to the prosecutor as a special participant in the process would mean a violation of the principle of judicial proceedings on the basis of adversarial and equal rights of the parties (Determination of the Constitutional Court of the Russian Federation of April 21, 2005 No. 193-0 on the refusal to accept for consideration the complaint of citizen I. Elaev. A. for violation of his constitutional rights by the provisions of Articles 45 and 392 of the Code of Civil Procedure and Articles 447 and 448 of the Code of Criminal Procedure).

If there are grounds preventing participation in the trial, the judge, prosecutor, court secretary, expert, specialist, translator are required to recuse themselves. For the same reasons, a challenge may be filed by persons participating in the case, or considered on the initiative of the court.

Self-recusal or recusal must be motivated and declared before the start of consideration of the case on the merits. An application for self-recusal or challenge during further consideration of the case is allowed only if the basis for self-recusal or challenge became known to the person applying for self-recusal or challenge, or to the court after the start of consideration of the case on the merits.

The need to motivate a challenge means that the application must contain a statement about the circumstances leading to the challenge and a link to evidence supporting them. Thus, circumstances indicating the judge’s interest in the outcome of the case or raising doubts about his objectivity or impartiality must be specific and supported by evidence.

In the case of a challenge, the court hears the opinions of the persons participating in the case, as well as the person to whom the challenge is filed, if the challenger wishes to give explanations.

The issue of challenge is resolved by a court ruling made in the deliberation room.

A challenge filed against a judge hearing a case alone is resolved by the same judge. When a case is considered by a court collectively, the issue of disqualifying a judge is resolved by the same composition of the court in the absence of the disqualified judge. If there is an equal number of votes cast for the challenge and against the challenge, the judge is considered removed. The issue of challenge filed against several judges or the entire composition of the court is resolved by the same court in in full force by a simple majority of votes.

The issue of challenging a prosecutor, court secretary, expert, specialist, or translator is resolved by the court hearing the case.

The Code of Civil Procedure does not provide for the possibility of appealing a ruling on challenge, therefore, objections regarding challenge or refusal to challenge can be raised by a participant in the process when appealing judicial act, concluding the consideration of the case on its merits.

The consequences of satisfying an application to challenge a judge are established by Art. 21 of the Code of Civil Procedure, they are, depending on the specific situation, consideration of the case by another judge of the same court, transfer of the case to another court of the same level if it is impossible to replace the judge in this court, transfer of the case to a higher court if it is impossible to form a panel for consideration of the case in court subject of the Russian Federation.

The question of the possibility of considering a case in the absence of witnesses, experts, specialists, translators is resolved by the court depending on the specific situation, which is determined by the value of evidentiary information, the reasons for the previous postponement of the case, and the procedural time frame for consideration of the case. In doing so, the court takes into account the opinions of the persons participating in the case.

In addition to determining the possibility of considering the case, in the preparatory part of the meeting, other tasks are resolved to ensure consideration of the case on the merits: the rights and obligations of the persons participating in the case, as well as the translator, expert, and specialist are explained, the petitions submitted by the participants in the process are resolved, and witnesses are removed from the courtroom.

Petition- This a request to the court to perform a certain procedural action, for example, to request written evidence, to summon a person for questioning as a witness.

Statement – a method of bringing to the court information that is important for resolving substantive and procedural issues that arise during the consideration of the case.

The form of the petition depends on the specific situation of the case and the nature of the issue that is raised in it. The written form is preferable, since a written document will be perceived exactly in the sense that is intended in it; it formalizes both the request to the court and its motives.

In some cases, the written form of the petition is determined by law. Thus, petitions to obtain evidence (Article 57 of the Code of Civil Procedure) and to secure a claim (Article 139 of the Code of Civil Procedure) are submitted in writing. The need for a judge to issue a ruling on a procedural issue in the form of a separate document also suggests the desirability of a written application.

The Plenum of the Armed Forces of the Russian Federation, in Resolution No. 13 dated June 26, 2008, explained that when fulfilling the requirements of Art. 165 of the Code of Civil Procedure, the presiding officer is obliged to explain to the persons participating in the case their procedural rights and obligations, in particular the right to familiarize themselves with the case materials, present evidence and participate in their study, ask questions of other persons participating in the case, witnesses, experts and specialists, submit petitions, in including on the request for evidence, give explanations to the court orally and in writing, present your arguments on all issues arising during the trial, object to the petitions and arguments of other persons participating in the case, get acquainted with the minutes of the court session and submit your comments to the minutes with an indication of the inaccuracies and (or) its incompleteness within five days from the date of its signing (Article 231 of the Code of Civil Procedure), the right of the parties to reimbursement of expenses for the services of a representative and to compensation legal expenses in cases and in the manner provided for in Art. 100, 102 of the Code of Civil Procedure, the right of persons participating in the case to appeal the decision to the court of second instance (Articles 320, 336 of the Code of Civil Procedure), as well as their obligation to conscientiously use their procedural rights.

Second stage of the trial - consideration of the case on the merits– begins with the report of the presiding judge or one of the judges. The presiding officer then determines whether the plaintiff supports his claims, whether the defendant accepts the plaintiff’s demands, and whether the parties wish to conclude the case with a settlement agreement or conduct a mediation procedure. If the parties do not declare to the court their intention to take administrative actions, the court begins to examine the evidence, which forms the main content of the stage of consideration of the case on the merits.

The study of evidence should be understood as the perception and study by the court and persons participating in the case of evidentiary information. The purpose of examining evidence is to understand its content. The study of evidence as an element of proof is a system of procedural actions carried out in the manner established by law.

At the trial stage, evidence is examined according to the rules established by procedural legislation, both general and special, established for each a separate type means of proof.

The examination of evidence is carried out according to the rules adversarial process. The parties and other persons participating in the case must take part in it, their speeches have a certain order, their petitions on issues of studying evidentiary material are heard and considered in a certain order.

The law establishes the general sequence of consideration of evidence, expressed in the sequence of articles of the Code of Civil Procedure on the examination of evidence. The court, taking into account the opinions of the persons participating in the case, may establish a special procedure for examining evidence in each case.

The research method is objectively determined by the nature of the source of evidence. Thus, written materials are read out, material evidence is examined, etc.

As a rule, the examination of evidence begins with the giving of explanations by the persons involved in the case. It should be noted that giving explanations is a right, not an obligation, of a person participating in the case. A person participating in the case cannot be forced to give explanations and is not liable for giving false explanations.

The procedure for giving explanations by persons participating in the case is established by Art. 174 Code of Civil Procedure. Explanations are given by the plaintiff, the third party participating on his side, then the defendant and third parties participating on his side, as well as other persons participating in the case. The prosecutor, representatives of state bodies, local government bodies, organizations, citizens who have applied to the court for the protection of the rights and legitimate interests of other persons are the first to give explanations.

The explanations of the persons involved in the case are of a dual nature. On the one hand, this is a source of evidence, on the other hand, it is a way of communicating to the court a legal assessment of the nature and content of the dispute. Structurally, explanations may consist of statements about legally significant facts (their presence or absence), information about these facts, advisory assessment of evidence, proposals for establishing legally significant circumstances, the legal qualification of the dispute, proposals for its resolution.

There is a widespread opinion that explanations, due to the interest of the person giving them, do not have serious evidentiary value. This position raises objections. Explanations of the parties are the basis of the proof process; later they are verified, confirmed or refuted by other means of proof. The content of the explanation may be information necessary for the case, for example, information about legal status participant in the process, his activities, the grounds for the emergence of a legal conflict and its further development.

After giving explanations, the persons participating in the case have the right to ask each other questions to clarify the factual and legal positions on the case. During the consideration of the case on the merits, the persons participating in the case have the right to give additional explanations.

According to established practice, if the principal is absent from the meeting, and also sometimes if he participates, the representative gives explanations instead. IN judicial practice The representative’s explanations are treated as explanations of the person represented, as the transfer of information from the principal to the court.

The possibility of giving explanations by a representative is indirectly mentioned in the legislation. According to Art. 189 of the Code of Civil Procedure, after examining the evidence, the court asks the persons participating in the case and their representatives whether they wish to provide additional explanations. In practice, the possibility of a representative giving explanations is not in doubt.

According to Art. 175 of the Code of Civil Procedure, after hearing the explanations of the persons involved in the case, the court, taking into account their opinion, determines the sequence of examination of the evidence.

In civil proceedings, the examination of evidence begins with the questioning of witnesses. Witnesses are questioned separately, in the absence of other witnesses who have not yet been questioned.

The questioning of a witness is preceded by the court establishing his identity. Next, the witness is explained his rights and obligations, responsibility for refusing to testify and for giving knowingly false testimony, about which he is required to sign. A minor witness is not warned of responsibility, but the obligation to give truthful testimony in the case is explained to him.

The interrogation of a witness begins with clarifying his relationship to the persons participating in the case. As V.V. Kalitvin wrote, “to assess the veracity of testimony, the reliability of information reported during interrogation, and their evidentiary value, the procedure for establishing the identity of the interrogated persons and their relationships with the participants in the process is important.” The interrogation of relatives, neighbors, colleagues, friends of persons participating in the case is not prohibited by law, just as there are no obstacles to the interrogation of persons who are in hostile relations with any of the parties, however, if any of the listed circumstances are identified, grounds arise to critically evaluate the witness's testimony.

The witness is asked to tell the court everything that he personally knows about the circumstances of the case. After this, the witness may be asked questions. The first to ask questions is the person at whose request the witness was called, the representative of this person, and then the other persons participating in the case, their representatives. Judges have the right to ask questions of a witness at any time during his interrogation.

The law establishes the specifics of interrogating a minor witness. Written evidence in most civil cases is the primary source of information about the facts of the case.

Written evidence is read out and presented to the persons participating in the case.

In order to protect the secrecy of correspondence, correspondence and telegraph messages of citizens can be read out and examined by the court in an open court session only with the consent of the persons between whom these correspondence and telegraph messages occurred. Without the consent of these persons, their correspondence and telegraph messages are read out and examined in a closed court session.

Arbitrage practice(position of the RF Supreme Court): The presence in the case of information relating to the private life of the persons involved in the case is not an absolute basis for the court to make a decision to conduct a trial of the case in a closed court session. When deciding whether to conduct a trial of a case in closed court on the grounds of ensuring a person’s right to privacy, they should take into account the nature and content of information about the person’s private life, as well as possible consequences disclosure of such information.

However, taking into account the provisions of Art. 182, 185 of the Code of Civil Procedure, correspondence, recordings of telephone and other conversations, telegraphic, postal and other messages of persons, as well as audio recordings, photographs, video recordings, filming of a personal nature are disclosed and examined in open court proceedings only if there is the consent of these persons to disclosure and study of such materials (Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 13, 2012 No. 35 “On openness and transparency of legal proceedings and on access to information about the activities of courts”).

A participant in the process who believes that written evidence is forged has the right to declare that the evidence was falsified.

According to Art. 186 Civil Procedure Code case statements that the evidence in the case is false, the court may order an examination to verify the statement or invite the parties to present other evidence. As can be seen from the content of the above norm, the subject of the application can be not only written evidence, but also other evidence, for example, an audio or video recording.

It should be noted that in civil proceedings, unlike arbitration proceedings, there is no possibility of excluding contested evidence from evidence in the case. Thus, the disputed means of proof will remain in the case materials, but the issue of its reliability will be resolved during the assessment of the evidence.

Physical evidence is examined at its location, in court or in another place determined by the court.

Physical evidence is examined by the court, presented to the persons participating in the case and their representatives, in necessary cases– also witnesses, experts, specialists. Persons who are presented with material evidence may draw the court’s attention to certain circumstances related to the inspection. These statements are recorded in the minutes of the court session.

According to the court's determination, it is possible to examine material evidence outside of court, at its location. Persons participating in the case are notified of the time and place of the inspection; if necessary, witnesses, experts, and specialists may be called. The results of the inspection are reflected in the protocol, which is read out at the court hearing.

Physical evidence is kept in court. Physical evidence that cannot be delivered to the court is stored at its location or in another place determined by the court. They must be examined by the court, described in detail, and, if necessary, photographed and sealed.

Audio and video recordings are an independent means of evidence in civil proceedings.

Reproduction of an audio or video recording is carried out in a courtroom or other room specially equipped for this purpose, indicating in the minutes of the court session the signs of the reproducing sources of evidence and the time of reproduction. After this, the court hears explanations from the persons involved in the case. If necessary, playback of the audio or video recording can be repeated in full or in any part. If there is a need to verify the admissibility and reliability of an audio recording in a case, a forensic phonoscopic examination may be ordered.

If an expert examination was carried out in the case, the expert opinion is examined at the court hearing. The expert's opinion is announced at the court hearing. In order to clarify and supplement the conclusion, the expert may be called to the meeting and questions may be asked.

In necessary cases, when examining written or material evidence, playing audio or video recordings, ordering an examination, interrogating witnesses, taking measures to secure evidence, the court may involve specialists to receive advice, explanations and provide direct technical assistance (photography, drawing up plans and diagrams, selection samples for examination, property assessment).

After examining the evidence, the court finds out from the persons participating in the case and representatives whether they wish to make additional explanations, and provides them with such an opportunity. After this, the court declares the consideration of the case on the merits completed and proceeds to judicial debate.

Judicial debate consist of speeches of persons participating in the case. The structure and, even more so, the content and duration of speeches in judicial debates are individual and depend on many factors, including the validity of the speaker’s position, the complexity of the legal position, the volume of the case, and the need for a detailed analysis of the available evidence or the lack thereof, and even the duration of the court hearing .

The general structure of speech in the debate is determined by the structure of the court decision. As B. S. Antimonov and S. L. Gerzon wrote, “the party that asks for a certain decision must construct its explanations in such a way that they can serve as a draft decision for the court, if the court agrees with the party.”

Article 190 of the Code of Civil Procedure determines the procedure for the speech of persons participating in the case in judicial debates. The plaintiff and his representative speak first, then the defendant and his representative. The third party, who has declared an independent claim regarding the subject of the dispute in the initiated process, and his representative in the judicial debate speak after the parties and their representatives. The third party, who has not made independent claims regarding the subject of the dispute, and his representative in the judicial debate speak after the plaintiff or defendant, on the side of one of whom the third party participates in the case. The prosecutor, representatives of state bodies, local governments, organizations and citizens who have applied to the court for the protection of the rights and legitimate interests of other persons speak first in judicial debates.

After making speeches, participants in the process can exercise the right replicas, those. secondary speech in connection with what was said in speeches.

After legal arguments, the court, according to general rule, retires to the meeting room for decision making. However, if necessary, after judicial debate, according to Art. 191 of the Code of Civil Procedure, it is allowed to resume consideration of the case on the merits.

The court decision is made in a deliberation room, where only the judge hearing the case or judges who are members of the court in the case can be present. The presence of other persons in the deliberation room is not permitted.

When making a decision, the court, having established the need to clarify new circumstances or examine new evidence, may resume the trial. In this case, after the consideration of the case on its merits, the court again hears the judicial debate.

After making a decision, the court returns to the courtroom, where the presiding judge or one of the judges publicly announces this decision, regardless of whether the case was heard in an open or closed court session, except for cases expressly provided for by law. Thus, in civil cases, in a closed court session, a court decision is announced that affects the rights and legitimate interests of minors (for example, the announcement of a court decision in an adoption case).

It should be remembered that, on the basis of Art. 199 of the Civil Procedure Code, after the completion of the civil case, the announcement of the court decision may be limited only to the announcement of its operative part. The judge has the right to postpone the issuance of a reasoned decision for a period of no more than five days, which does not apply to justices of the peace, who may not draw up a reasoned decision at all, unless an application is received from the persons participating in the case and their representatives to write the final judicial act in full. procedural form. Such an application is submitted within three days from the date of announcement of the operative part of the court decision, if the specified participants in the process were present at the meeting, in otherwise a written request is submitted within 15 days. After receiving the relevant application, the magistrate draws up a reasoned decision within a five-day period.

Based on the provisions of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in cases where procedural legislation provides for the possibility of holding a court hearing in the absence of participants in the process, the requirement for a public announcement (proclamation) court order is considered to be complied with if an unlimited number of people have the opportunity to familiarize themselves with the text of such a court decision (for example, transferring the text of a court decision to the department for ensuring legal proceedings).

Medvedev I. R. Explanations of parties and third parties as evidence in civil proceedings: abstract. dis. ...cand. legal Sci. M., 2008. P. 12.
Kalitvin V.V. Lawyer in civil proceedings. Voronezh, 1989. P. 53.
Antimonov B. WITH, Gerzon S. L. Lawyer in Soviet civil proceedings. M., 1954. P. 113.