Civil procedural legal

relations
 The court as a main party of civil procedural
legal relations
• An obligatory participant in civil procedural legal relation is the court.
The court as a subject of state power called upon to administrative
justice.
• A court can act as the sole body (if civil proceeding are conducted in
the court of first instance) and the collegial body (when reviewing the
case in cassation, through judicial review). With a collegiate body, the
court consist of three professional judges, one of whom is the
presiding judge.
The concept of civil procedural legal relations.

• Civil procedural legal relations- the relations arising between subjects

of civil legal proceedings in civil cases, regulated by the civil legislation
of RT.
• Bringing a statement of claim to the court, by the person whose right
is violated, is waiting for an answer within 3 days according to Art.
136 of the Civil Procedural Code of the Republic of Tajikistan.
• The judge within 3 days makes a decision on acceptance (Art.136),
refusal in acceptance(Art. 137), returning(Art.138) or leaving the
statement of claim without movement(Art.139).
 Question:
civil procedural legal relation
begins from the moment of
filing a statement of claim or
from the moment of the
adoption of definition
Prerequisites for civil procedural legal relations

• For the emergence of civil procedural legal relations,

there are three prerequisites:
1)The norms of civil procedural law;
2)The existence of a legal fact;
3)The dispositive capacity of participants in legal
relations (legal capacity and dispositive capacity)
Subjects of civil procedural legal relations

• The subjects of civil procedural legal

relations are physical and legal entities who
are endowed by law with certain procedural
rights and duties in accordance with their
situation in the case. Depending on the
activity of participation of individuals, three
groups are distinguished:
• Persons carrying out justice (they include courts of first
instance, courts of second instance, courts of
supervisory instance, secretaries of the court
proceeding);
• Person participating in the administration of justice
(plaintiff, defendant, applicant, interested person, third
parties not claiming independent claims, prosecutor,
state authorities, local self-government bodies)
• Persons who contribute to the administration of justice
(witnesses, experts, specialist, etc.).