GIC: jurisdiction. Rules of jurisdiction (CCP RF)

In the modern world, law is the main regulator of social relations. In other words, the legal aspect is present practically in any sphere of human life. Examples of this can be found a large number. However, not always the right had a modern look. Initially, jurisprudence existed not in the pages of laws and cumbersome codes, but in the minds of people. In fact, the ancient law is a set of generally accepted rules that were mandatory for a particular community. Of course, there are more serious forms of expression categories. An example is the Roman code of laws of the XII tables or the rules of Hammurabi.

With the passage of time, law evolved more and more. To date, the category is divided into entire legal families and industries, each of which has its own scope. Of great importance is the right for the procedural activities of the courts. Initially, it was in these instances that jurisprudence was born, taking into account the large number of different procedural forms in Roman private law.

Judicial activity in the modern Russian Federation is also divided into several types, one of which is the civil process. In this area, there are many interesting problems that are universally touched upon by scientists. One of them is the question of the jurisdiction of civil cases. GIC largely explains the features of the Institute, but it has its own specific features, which will be discussed later in the article.

What is the civil process?

Before considering the CCP jurisdiction, it is necessary to analyze the sphere in which this problematics exists. Thus, the civil process is the activity of the court and other persons who participate in the consideration of the case, regulated by the norms of the current legislation. In other words, the GP is a set of norms that coordinate the relationship between the parties to the dispute. The civil process is implemented in the courts of general jurisdiction.

It should be noted that many scientists today are proposing different theories about the origin of the represented legal branch of this type. According to the general theory, the civil process is an additional element of civil law. This view has a large number of supporting facts. For example, the principles of civil law are mostly applicable to the procedural branch.

The initial provisions of civil proceedings

The principles of the civil process are the basic moments of the whole industry, on the basis of which its main institutions are built, as well as the mechanism for applying the norms. Therefore, it is necessary to consider the basic elements, since they help to understand in more detail the peculiarities of the legal proceedings of this type. For today, the following principles of the civil process are distinguished:

• Independence of judges;
• Legality and the rule of law;
• Discretion and competitiveness of the parties;
• The need for oral proceedings;
• The possibility of applying the analogy of law or law, etc.

The list of main provisions is not exhaustive. Scientists periodically reveal new principles, which allows to expand the understanding of the civil procedure branch. However, in this article we will not consider the entire civil process and its main points, but only one of the most important institutions, which is called jurisdiction. It is important not only for the industry, but also for the practical activities of the court and the parties to a particular trial.

CCP Art. "Jurisdiction" is the concept of the institution

There are many scientific views on what constitutes jurisdiction. The Code of Civil Procedure of the Russian Federation is the main source that helps to distinguish the classical concept and attributes of a category. Therefore, when considering jurisdiction, it is necessary to build on the provisions of this particular normative act.

According to the CCP, the jurisdiction is the fact of distribution of various cases between the courts of first instance. In simple terms, the category defines in which particular court a particular issue should be considered. Jurisdiction is a complex legal phenomenon, which includes several interrelated elements.

Category components

It is necessary to take into account many specific aspects at the time of consideration of the term "jurisdiction". The CCP RF, more precisely, the provisions of this normative act, make it possible to distinguish two main components of the category presented in the article. Jurisdiction includes the following elements:

• Competence, that is, the authority of a particular court makes a decision on the outcome of the consideration of a particular case;
• The duty of specific persons, parties to the case, not to hinder the execution of the decision and completely submit to it.

That is, the jurisdiction described in the CCP is not just a fact of distribution of materials between different courts of first instance, but a complex legal relationship that affects the interests of the parties.

The principles on which the category is built

Most institutes of any legal branch are based on any legal provisions. If you take into account the jurisdiction mentioned in the CCP, it exists both at the expense of general legal and targeted principles, that is, institutional ones. There are five basic provisions for the application of this category:

• Courts should not accept cases that fall within the competence of other instances.
• Any kind of decisions that were made with disregard for the rules of jurisdiction will be considered void.
• The parties to a particular case have the right to demand its consideration only in a competent authority.
• All aspects of the jurisdiction are determined by the moment of submission of the statement of claim. Any further changes in the case will not affect the institution.
• As a rule, jurisdiction is strictly a territorial phenomenon, although there are some specific aspects.

Taking into account all the above, it can be concluded that the presented category is of great importance for civil proceedings since the beginning of the proceedings in the case.

The main rules of jurisdiction of the CCP

The choice of the court in the resolution of a dispute or other case is based on a number of significant rules. All of them are stipulated by the provisions of the current Civil Code of the Russian Federation. As a rule, the main factor in determining the instance is the nature and circumstances of the case. Jurisdiction in this case is analyzed directly in court, regardless of the preferences or interests of the parties. As a rule, most civil cases are dealt with in the courts of general jurisdiction, which relate to the first instance. There are also other rules for determining the authorized institution. According to them, the following types of jurisdiction are distinguished:

• Territorial;
• Elective;
• Exclusive.

For each species are characterized by their unique aspects, consideration of which will make it possible to fully explore the jurisdiction as a whole.

Territorial view of the Institute

There are different points presented in the article of the Institute (according to the CCP RF). Jurisdiction of affairs on the territorial principle is the most frequently met. In this case, the choice of the instance is made by the plaintiff when submitting the application. The territorial principle is that the claim is filed with the institution under whose jurisdiction the defendant's residence is located. In the event that the second party of the case is a legal entity, the body is determined at the place of its immediate location. At first glance, the definition of jurisdiction in this perspective is very simple. However, when applying, the plaintiff may have difficulty in determining the location of the defendant.

In this case, to determine the territorial location of an individual is not difficult, especially if it is the defendant in the case. But finding out the location of an institution, that is, a legal entity, quite often causes difficulties. In this case, it is possible to determine the presented parameter with the help of the tax inspection. The databases of the location of legal entities are open to public access to date.

Elective Jurisdiction

The classical variant of determining the place of consideration of the case takes a key position in the CCP. Jurisdiction at the choice of the plaintiff, in turn, also occurs quite often, but for the application of this type of institution there must be certain moments. The applicant can independently determine the authorized institution in cases concerning:

• Recovery from the defendant alimony;
• Ascertaining the fact of paternity;
• Divorce between persons of marriage, when they have a common minor child;
• Protection of consumer rights;
• Compensation for harm to health.

Thus, only in the cases submitted, the plaintiff has the right to choose the place of application. In any other situations, the jurisdiction of this type will not function.

Exceptional view

It is possible to single out a number of special situations in which the definition of the court is quite specific. All such moments are defined in the Code of Civil Procedure of the Russian Federation. Jurisdiction of civil cases of exceptional character is applied in those cases when the requirements to the institution are strictly fixed in legislative acts. It will be impossible to change the provisions of the category in any way. Exclusive jurisdiction includes the following cases:

• Any kind of requirements in which the main object is real estate (the application is filed at the location of the thing);
• Claims of creditors of the person who received the inheritance (the case is considered at the place of opening the inheritance);
• Any kind of situation arising from the relationship when transporting (transporting) goods.

Presented points have recently been met quite often, as the number of disputes about real estate and transported goods has increased. These types of jurisdiction are the main ones for today. However, in the theory of civil process, another type is singled out.

Jurisdiction based on an agreement

CCP RF, art. "Jurisdiction" allows the conclusion of an agreement between the parties, which regulates the choice of a particular institution, where a certain dispute will be considered. But such an agreement must be reciprocal and have a written expression. At the same time, contractual jurisdiction is not always real. For example, an agreement can not change the procedure for determining an instance under exceptional circumstances that were previously submitted. In addition, contractual jurisdiction can not be applied in disputes, which are reviewed by the Supreme Court of the Russian Federation.

Errors in the use of terms

Quite often people confuse such concepts as subordination and jurisdiction of cases. The CCP of the Russian Federation delineates in detail the aspects of both terms. Of course, the opinion of their contiguity is deeply erroneous. Jurisdiction of cases is, as we found out, the distribution of disputes between instances.

As for subordination, this parameter determines the possibility of considering a specific situation in the civil procedure. Thus, both terms, although similar to each other, but their meaning is absolutely the opposite.

Conclusion

Thus, in the article we considered such a specific civil law institution as jurisdiction. The article of the CCP, regulating its application, contains an exhaustive number of statements on the forms and features of the category. Nevertheless, the mechanism of application of jurisdiction in the civil process still requires some modifications.