Litigation

It is considered that the claim is the most perfect legal means of protection of the violated or challenged right of the subject. Thus, a person who believes that the rights with which he possesses are violated or challenged, seeks protection from the court in accordance with the procedural order established by law.

The proceedings in the civil proceedings take the main share. This activity provides for the consideration and resolution of disputes of a substantive nature. These disputes are formed in the conditions of cooperative, labor, family and other legal relationships.

The lawsuit allows you to establish the most general rules in a court proceeding. The submission of claims executed in accordance with the established procedure is considered a component of the constitutional law, which is the right to apply to court for protection. At the same time, the waiver of this right is considered invalid.

The suit is one of the main means used to open a civil process in a particular case. Thus, the mechanism of judicial activity is activated, and justice is exercised.

The lawsuit provides protection of the rights of the subject, his interests and freedoms through the means provided by law. In accordance with the provisions of the legislation, protection is exercised through their recognition, as well as the restoration of their position that existed before the violation of rights. The proceedings allow also to suppress actions that violate rights, to award performance of duties. In addition, the recovery from infringers, compensation for damages caused, and in the cases provided for by the contract or law - penalty (forfeit, penalty).

The proceedings have certain characteristic features. They include, in particular, the existence of a requirement of a substantive nature. This requirement arises from the disputed or violated right of a party and is subject to review in accordance with the procedure established by law. Another sign is the existence of a dispute about the right of the subject. In the lawsuit there are two parties with opposing interests and legally authorized powers of a certain nature, which enable them to defend them in court.

The essence of the claim is that the court conducts a check for the presence or absence of the right of the subject in connection with the uncertainty, violation or challenge, in accordance with which the dispute has arisen. For proper consideration, resolution of conflicts and making decisions, this form of protection is considered the most suitable.

The procedural science explains in detail the main features of the proceedings. They are as follows:

1. Norms of the law consistently determine the order in accordance with which the consideration and resolution of cases is carried out.
2. The parties to the dispute are entitled to participate personally or through representatives in the hearing on the case.
3. The law provides enough legal grounds for the participants in the case. The parties of the process, thus, have the opportunity to influence the course of the case, seeking a legal authorization.
4. The nature of the proceedings is controversial.

This form of legal protection has a special meaning. In this regard, it is used in various branches of law. Thus, the lawsuit is actively used in the arbitration process.

Judicial practice shows that this form is able to protect many aspects of public life in a modern, constantly developing society. To such parties, in particular, relate relations in the field of consumer rights protection, intangible benefits and other things.