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Commentary to the Civil Procedural Code of the Russian Federation (beginning)

P.V. Krasheninnikov, 
Chairman of the Committee of State Duma of the Federal Assеmbly of the Russian Federation on Civil, 
Criminal and Commercial («Arbitrazh») Procedural Law, Honorable Lawyer of the Russian Federation, 
Doctor of Legal Sciences, Professor 

O.A. Ruzakova,
Deputy Chief of the Staff Committee of State Duma of the Federal Assеmbly 
of the Russian Federation on Civil, Criminal and Commercial («Arbitrazh») 
Procedural Law, Doctor of Legal Sciences 

G.A. Slavinskaya,
Deputy Head of the Staff Committee of the Soviet of the Federation 
of the Federal Assembly of the Russian Federation on Legal and Judicial Affairs 


This section includes the part of the comment to the Civil Procedural Code of the Russian Federation prepared by the group of authors under the direction of the Doctor of Legal Sciences, Professor P.V. Krasheninnikov (CCP of the Russian Federation, arts. 1–13). Le civil legal procedure is an activity of the court, the persons participating in a case, and other participants of the process regulated by the civil procedural legislation and directed on consideration and settlement of disputes arising from civil, family, labor, and in the cases provided by the law, – from other relations, including public relations. Le legislation on civil legal procedure consists of only the federal legislation with sources not below the level of the federal law, it does not include bylaws: decrees of the Russian President, resolution of the Government of the Russian Federation, acts of federal bodies of the executive authorities. Le treaties are also included into the sources of the civil procedural legislation. Le authors note that waiver of the right to go to the court in any form is invalid. Le ground for institution of a civil case is the application of the person for protection of the rights, freedoms and interests protected by the law. It should follow from the application submitted by the interested person that this person demands protection of the rights, freedoms and (or) legitimate interests. In certain cases persons can file the suit to the court in protection of not their own rights and legitimate interests, but the rights and legitimate interests of other persons. These cases must be provided by the code or the federal law, but not by bylaws.

Keywords: Civil Procedure Code of the Russian Federation; comments on legislation.

References
 
    Uchebnik grazhdanskogo processa [Textbook of civil procedure] (in Russian) / Ed. by M.K. Treushnikov. M., 1996. P. 31–32.     
    Subochev V.V. Zakonnye interesy [Legitimate interests] (in Russian) / Ed. A.V. Mal’ko. M., 2008. 
    Il’ina O.Yu. Interesy rebenka v semeijnom prave Rossijskoj Federacii [Interests of the child in the family law in Russian Federation] (in Russian). M., 2006. 
    Pavlova M.S. Zakonny interes kak predmet sudebnoj zashhity po delam ob osparivanii reshenij, dejstvij (bezdejstviya) organov vlasti [Legitimate interests as an object of court’s protection in cases challenging decisions, actions (inaction) of government] (in Russian) // Law and Economics. 2011. No. 3. P. 45–48. 


Information about the authors 

   Krasheninnikov P.V. (Moscow) – Chairman of the Committee of State Duma of the Federal Assеmbly of the Russian Federation on Civil, Criminal and Commercial («Arbitrazh») Procedural Law, Honorable Lawyer of the Russian Federation, Doctor of Legal Sciences, Professor (Moscow, Okhotny Ryad st., 1, e-mail: [email protected]). 

   Ruzakova O.A. (Moscow) – Deputy Chief of the Staff Committee of State Duma of the Federal Assеmbly of the Russian Federation on Civil, Criminal and Commercial («Arbitrazh») Procedural Law, Doctor of Legal Sciences (Moscow, Okhotny Ryad st., 1, e-mail: [email protected]). 

   Slavinskaya G.A. (Moscow) – Deputy Head of the Staff Committee of the Soviet of the Federation of the Federal Assembly of the Russian Federation on Legal and Judicial Affairs (Moscow, Okhotny Ryad st., 1, e-mail: [email protected]).

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P.V. Krasheninnikov, O.A. Ruzakova, G.A. Slavinskaya