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Commentary to the Civil Procedural Code of the Russian Federation (continued)
I.E. Manylov ,
Candidate of Legal Sciences,
Head of the Federal Autonomous Institution “Glavgosexpertiza of Russia”
In this section of the commentary to code of civil procedure of the Russian Federation we are talking about the General provisions of special proceedings, establishment of legal facts, adoption, recognition of a citizen as missing and dead. The specifics of the cases subject to special proceedings in comparison with the cases of action proceedings consist primarily in the absence of a dispute about the right of the persons concerned, in connection with which the court does not allow any dispute and in the process no disputing parties. The main purpose of special proceeding is to establish the circumstances of legal significance that may affect the emergence, change and termination of personal and property rights of citizens and organizations, and in some cases – and the recognition of certain legal consequences associated with the establishment of these facts. Cases of special proceedings dealt with in accordance with the general principles of civil proceedings, the procedure of preparing the case for trial and at the trial stages. In cases of special proceedings can not be concluded a settlement agreement or applicable rules on the recognition of the suit, filing a counterclaim.
Keywords: comments of legislation; special production; adoption; establishment of legal facts; the recognition of a citizen as missing and dead.
Information about the author:
Manylov I.E. (Moscow, Russia) – Candidate of Legal Sciences, Head of the Federal Autonomous Institution “Glavgosexpertiza” (101000, Moscow, Furkasovsky lane, 6; e-mail: [email protected]).