General characteristics of the contents of the stage of opening action proceedings in a civil proceeding

Abstract

The article examines the general features of the content of the stage of opening a lawsuit in a civil process. Based on the analysis of the existing concepts of the nature of the civil process, the author concludes that the content of the procedural stages is formed by the procedural activity. The stages of the civil process show the development of the civil case in dynamics. The «source» of such dynamics is procedural behavior. With the help of this behavior, the rights, obligations and powers are realized, which ensures the movement of a civil case from the first to the last stage. In particular, at the stage of opening a lawsuit, its content covers the procedural activities of the court and the plaintiff (the person bringing the lawsuit).
 The author examines the general features of the content of the stage of opening a lawsuit in a civil process. It is claimed that the multiplicity of procedural actions is a characteristic feature of all procedural stages in the civil process. However, the peculiarity of the stage of opening a lawsuit is the small number of procedural actions that shape its content. This is due to the limited number of subjects of civil procedural relations who participate in this stage, as well as the goal and tasks, the implementation of which is aimed at the procedural behavior of the court and the plaintiff (the person who brings the lawsuit).
 It is indicated that all procedural actions at the stage of opening a lawsuit are accompanied by the preparation of procedural documents, which serve as written evidence of their execution. No other fixation, in particular a technical one, is provided for at this stage, which gives grounds to draw a conclusion about the implementation of written proceedings at the first stage of consideration of a civil case of a claim nature.
 The temporality of procedural actions at the stage of opening a lawsuit is analyzed, it is pointed out that they are regulated not only by procedural, but also by material legislation. The ratio between the procedural terms and the statute of limitations is drawn, where a conclusion is made that it is impossible to consider the statute of limitations as a procedural term.
 The object of procedural activity at the stage of opening a lawsuit and the peculiarity of the action at this stage of the principles of civil procedure are noted.