Special Proceedings

Special Proceedings 

in Soviet civil procedure, a type of procedure in a court of original jurisdiction. Special proceedings are used in hearing cases in which, unlike suits and cases arising from administrative law relationships, there is no dispute as to a legal right. Examples include cases to establish facts that are legally important, to declare a citizen missing or dead, to declare a citizen of limited capacity or incapable, to declare property ownerless, and to establish that information in the registers of civil status is incorrect. Special proceedings are also used in cases involving complaints against the actions of notaries and agencies performing notary functions and in cases to restore rights under lost bearer documents. The court hears cases of special proceedings on the application of interested persons or organizations. If a dispute as to a legal right arises while the case is being heard by the procedure of special proceedings, the court leaves the application unheard, and the interested parties may initiate a suit in court according to the general rules.