According to some civil cases between the parties there is no dispute about the law, but it is necessary to obtain a court decision to enter into an inheritance, to receive a pension or edit documents.
For such cases, the civil procedural law provides a special procedure for the consideration of certain categories of civil cases.
Some civil disputes are considereda special order, which is different from the general civil procedure. Such cases are characterized by specifics of the claimant and the absence of a dispute between the parties about the rights to the subject of the application. In particular the production of the part name of the applicant and interested parties, jurisdiction of cases defined somewhat differently, but the court has not served the claim and statement.
Categories of cases in special proceeding
The list of disputes is clearly defined by the legislator:
•; establishment of legal facts (being in marriage relations, membership of a person document, kinship, parenthood, adoption, property ownership, inheritance opening, etc.)
•; establishing paternity, adoption,
•; the establishment of a citizen dead or missing,
•; recognized incapable or, on the contrary, capable (emancipation of the minor)
•; recognition of ownerless things
•; in the direction of a psychiatric hospital for compulsory treatment,
•; with the loss of a court case - his recovery,
•; changes in the content of documents issued by the registry office.
This list is not restrictive, and the law may provide for other cases of cases in a specific order. For each application developed its order.
Cases are considered only in the district courts. Most of the applications accepted at the place of residence of the applicant.
The document should indicate the reasongoing to court. For example, in a case of amending acts birth record or establish the fact of kinship to write why it is necessary judgment (inheritance, pension, etc.). For each business category developed its order. Code of Civil Procedure of the Russian Federation contains a list of documents required for the application process.
If the judge finds that in the case there is a dispute about the rights or interests of other persons affected, it leaves the application without consideration and invite the applicant to apply to the court in the usual manner.
In certain cases, the legislator reduced timeconsideration. So, for example, a statement about the direction of the patient in a psychiatric hospital should be considered within 2 days from the date of his room at the hospital.
In a special production may be involved state bodies, such as the departments of custody and guardianship, prosecutors, notaries, etc.
Representatives of government agencies have the same rights as other participants in the process. At the end of the hearing, they give their opinion.
According to the general rules of civil court process,made a decision can not cancel it yourself (except for verdicts in absentia). In particular the production of the court's decision to declare a person dead or missing may be revoked by the same court, if a citizen is alive.