Applied issues for the opening of proceedings in family cases in a civil proceeding

Abstract

In the scientific article, the author conducted a scientific study of doctrinal and normative sources devoted to applied issues of opening proceedings in family cases in a civil process. In family law, a wide list of family rights and interests that are protected in court is distinguished. Considering the circumstances caused by the full-scale military invasion of the Russian Federation, which lead to significant violations of family rights and interests of spouses, parents, children, other participants in family relations, the issue of ensuring the proper protection of their rights (including the development of proper procedural mechanisms for the protection of family rights and interests remains relevant and timely. Research available in the legal doctrine only partially touched on the issue of features of opening proceedings in family cases in civil proceedings. Based on the conducted research, the author came to the conclusion that the features of opening proceedings in family cases are: a) the limited right of the plaintiff to file a motion to consider the case according to the rules of simplified legal proceedings and similarly – the limitation of judicial discretion in this area. Only in cases of division of the property of the spouses is it possible for the plaintiff to submit a petition for consideration of the case according to the rules of simplified legal proceedings, as well as the right of the court to resolve the issue - whether to consider this case according to the rules of general legal proceedings or simplified legal proceedings; b) peculiarities in the jurisdiction of family cases – with regard to a significant number of cases, jurisdiction is provided at the choice of the plaintiff, as well as the filing of a lawsuit for dissolution of marriage by a representative of a participant in family relations; c) particularities in the jurisdiction of family cases – for a significant number of cases, jurisdiction at the choice of the plaintiff is assumed; d) limited application of such a basis for the return of a statement of claim as the submission of a statement by a person who does not have procedural legal capacity. The court has the right to apply the submission of a statement by a person who does not have procedural legal capacity as a basis for returning a statement of claim only in the case of filing a corresponding claim, statement in the case of a separate proceeding, statement on the issuance of a court order by a person who has not reached the age of fourteen.