Temporary stop of the trial of the case
The Civil Procedure Law provides for three forms of temporary suspension of the trial of the case.
The adjournment of the court session means that the meeting itself is held continuously, except for the time appointed for rest and reserved for certain procedural actions. Until the beginning of the case, the court is not entitled to consider other civil, criminal and administrative legal conflicts (Part 3, Article 157 of the Civil Procedural Code). The Civil Procedure Code does not establish cases of a break and does not name their grounds, therefore the Supreme Court of the USA in certain decisions of the Plenum is forced to explain when the court can announce a break of the court session. As mentioned above, the ruling of the Plenum of the Supreme Court of the United States No. 13 says that if the parties have expressed the desire to conclude the case with an amicable agreement, then, if necessary, they can be given the opportunity to formulate the terms of the settlement agreement, for which the court announces a break in the court session. After the break, the proceedings are continued, the persons participating in the case are not notified of the time and place of the new court session.
The adjournment of the proceedings of the case is the transfer by the court of consideration and the resolution of the civil case to another precisely fixed term. The grounds for the adjournment of the proceedings are conditionally divided into two groups. First are cases directly stipulated by the material legislation. So, according to Art. 22 The court, considering the divorce proceedings in the absence of the consent of one of the spouses to terminate it, has the right to take measures to reconcile and postpone the proceedings, appointing a conciliatory term within three months, which is subject to reduction if requested by the parties. Second group is indicated in the procedural legislation. In particular, in accordance with Art. 169 of the Code of Civil Procedure, a court can make a deposit if it considers it impossible to consider a legal conflict due to: the absence of any of the participants in the proceedings; presentation of a counterclaim; the need to present or demand additional evidence; involvement in the case of other persons; at the request of both parties in case they decide to hold a mediation procedure for a period not exceeding sixty days; at the same time, the court does not have the right, on its own initiative, to set a deadline for a mediation procedure that is different from the deadline set by the parties in the agreement to conduct such a procedure (see the Statement of Practice on the Application of the Federal Law "On an Alternative Procedure for the Settlement of Disputes involving an Intermediary (Mediation Procedure)" ; approved by the Presidium of the US Supreme Court on 06/06/2012); performing other procedural actions.
In case of adjournment of the case, the court appoints the date of the new court session, the persons who were not invited and newly involved in the proceedings are notified of the time and place of the new court session. However, witnesses who appear at the simultaneous presence of the parties can be questioned in order not to call them again (Article 170 of the CCP). Since the proceedings of the case after its deposition start all over again, all participants in the proceedings are heard again. Meanwhile, this leads to delaying the proceedings, so the legislator formulated a rule that was not previously known to the CPC of the RSFSR in 1964. Now, if the parties do not insist on repeating the explanations, are familiar with all the case materials and the judicial composition has not changed, the court can allow the participants in the process to confirm the explanations without their repetition, supplement them, ask clarifying questions (Part 4, Article 169 of the CCP).
Suspension of proceedings is a temporary cessation of procedural activity caused by certain circumstances that hinder the further movement of the process, and the moment of resumption of production can not be precisely determined.
In connection with the above, the suspension should be distinguished from the adjournment of the proceedings, bearing in mind the following provisions:
- the proceedings on the case are suspended, as a rule, for an indefinite period, whereas, postponing the proceedings, the court always appoints the exact term of the new hearing;
- the suspension in the case temporarily stops the procedural activity, the deposition, on the contrary, is carried out in order for the participants in the proceedings to perform certain procedural actions;
- the suspension of proceedings in the case is connected with facts that do not depend on the will of the court or parties, the deposition is conditioned by subjective factors.
Suspension of proceedings but the case is of two kinds: mandatory (item 215 GPK) and optional (ст 216 GPK).
The court must on its own initiative or petition of the main subjects of civil procedural relations to temporarily stop the procedural functioning in the following cases:
- the death of a citizen who is a party to the case or a third party with independent claims if the disputable legal relationship admits succession;
- the recognition of a party incompetent or the absence of a legal representative from a person recognized incompetent;
- the defendant's participation in hostilities, accomplishment of tasks in conditions of emergency or martial law, as well as in the context of military conflicts or the request of a plaintiff participating in hostilities or in performing tasks in an emergency or martial law, ;
- the impossibility of considering this case before the resolution of another case, considered in civil, administrative or criminal proceedings;
- court appeals to the US Constitutional Court with a request for compliance of the law subject to application with the Constitution.
In the decision of the Plenum of the Supreme Court of the USA from 31.10.1995 No. 8, it is further clarified that in case of uncertainty as to whether the law applicable in a specific case corresponds to the Constitution, the court refers to the Constitutional Court of the USA with a request for constitutionality of this law. Such a request in accordance with Art. 101 FKZ "About the Constitutional Court of the United States"; can be made by a court of any instance and at any stage of the proceedings.
It is interesting to note that the cases of mandatory suspension of civil proceedings from Art. 215 ГПК do not coincide with those which are specified in art. 143 APK. The latter additionally states that the suspension of proceedings can also be carried out if it is not possible to consider this case before the resolution of another case considered by the Constitutional Court of the United States by a constitutional (statutory) court of the United States entity. In this connection, the State Assembly of the Republic of Bashkortostan suggested that the body of constitutional control recognize Art. 215 GPK unconstitutional.
The court is entitled at the request of the persons participating in the case, or on its own initiative to suspend the proceedings if:
- the party is in a medical institution;
- the defendant is being sought;
- Appointed in the case examination;
- a survey was conducted by the guardianship and trusteeship agency of the living conditions of the adoptive parents in the adoption case and other cases affecting the rights and legitimate interests of children;
- sent a court order in the manner of art. 62 ГПК;
- there is a reorganization of a legal entity that is a party to the case or a third party with independent requirements.
As we see, among the grounds for the optional suspension of proceedings in the case there is no such thing as "finding a citizen who is a person participating in the case on a long business trip", which can be explained by the imperfection of legislative machinery. Meanwhile, it was present in art. 215 GPK RSFSR in 1964 and currently takes place in Art. 144 agro-industrial complex, and in addition art. 437 ГПК allows the court to suspend the enforcement proceedings while the debtor is on a long business trip.
The listed reasons for compulsory and facultative suspension of production are not subject to broad interpretation, when they appear, the court issues a ruling on which a private complaint can be filed, as it blocks the further movement of the process. Conversely, if the court refused on the petition of the interested subject to suspend the proceedings and continued the proceedings, then such a ruling can not be appealed, because it does not affect the course of the proceedings.
The proceedings with respect to a legal conflict are renewed by the court independently or at the request of the persons participating in the case, in the event of the elimination of the circumstances that provoked the suspension, by issuing an appropriate ruling that can not be appealed (see appeal judgment of the Moscow Regional Court of December 25, 2012 No. 33 -27208/2012). As a consequence, in paragraph 19 of the ruling of the Plenum of the Supreme Court of the USA No. 13 it is stated: 217 ГПК connects terms of stay of manufacture on business with circumstances which approach is obliged by court to renew manufacture, the judge should check periodically, whether these circumstances have come. The court should also explain to the persons participating in the case their obligation to inform the court about the elimination of the circumstances that caused the suspension of the proceedings.
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