Classification criteria and types of civil procedural duties

this article provides an in-depth analysis of the problem of classification of civil procedural duties, which is of fundamental importance for the effective functioning of the civil justice system. The relevance of the study is due to the insufficient theoretical elaboration of the issue of criteria for distinguishing different types of procedural duties, which creates practical difficulties in law enforcement, in particular, in determining measures of responsibility for their non-fulfillment. The article substantiates that the classification of civil procedural duties should be carried out taking into account such criteria as the subject matter, the nature of the procedural action, the stage of the process, the content of the duty and the measure of responsibility for its non-fulfillment. Based on the proposed criteria, the main types of civil procedural duties are identified and analyzed, in particular, the duties of the parties and other participants in the process, the duties of the court, general and special duties, active and passive duties, as well as duties related to proving, presenting evidence, appearing in court, etc.

civil procedure law, civil procedure, procedural duties, classification of duties, classification criteria, types of duties, participants in the process, judicial proceedings, law enforcement, legislation