Third parties in civil proceedings - Civil Procedure Law

Third parties in civil proceedings

Sometimes civil proceedings are complicated by the participation in it of third parties , i.e. such persons involved in the case who enter or are involved in the existing process with the aim of protecting their own subjective rights or legally protected interests, as such may be affected by a court decision rendered in a dispute between the parties. Depending on the nature (degree) of material and legal interest, they are subdivided into those claiming and not declaring independent requirements regarding the subject of the dispute.

Third parties claiming separate claims on the subject of the dispute (interventio principalis), enter the case, usually on their own initiative or on the proposal of the judicial body, themselves subjects of a disputable material relationship, considered by the original lawsuit (MS Shakaryan). It follows that this type of third parties thereby emphasizes the belonging of the subject matter of the dispute to them and the opposition of subjective personal interests to the interests of the plaintiff (defendant).

Unfortunately, the legislator was indifferent to the problem of bringing claims by a third party to the parties to civil proceedings, so let's turn to theoretical developments.

Some jurists believe that a third person who claims independent claims regarding the subject of the dispute can direct them both against the original plaintiff and against both sides (DM Chechot, GL Osokina). When arguing this provision, one important point is noted, namely: if a third-party claim is directed solely against the original defendant, then it becomes a co-investor, since his demands co-exist with the plaintiff's legal claims, and most importantly do not exclude them. For example, in the case on the suit of the prosecutor on the deprivation of the mother of parental rights in relation to the child, the father of the child with an independent demand for transferring the minor to him for upbringing is entitled to enter. Indeed, in this case the claims of the father as a third person do not contradict either the subjective personal interests of the child or the public interests of the prosecutor, but, importantly, they do not coincide completely with them. Relying on this aspect, most procedural scientists hold a different view: the claim of a third person who claims independent claims regarding the subject of the dispute may be aimed both at the same time as against both parties, and against the plaintiff or the defendant (AF Kleinman, I.M. Ilinskaya). Therefore, it is important to distinguish third parties who claim independent claims regarding the subject of the dispute and co-authors:

1) a third person, declaring independent claims regarding the subject of the dispute, enters into the initiated "alien" the process by bringing an action and never initiates the initiation of civil proceedings;

2) the respondent to a third person who claims independent claims regarding the subject of the dispute may be both parties and one of them;

3) the grounds for claims of a third person claiming independent claims regarding the subject of the dispute may be similar, different, but not the same.

Entry into the process of a third person, declaring independent claims regarding the subject of the dispute, is made according to the rules of the claim proceedings, i.e. filed a claim, which is paid by state duty (Article 333.20 of the Tax Code). The court has the right to make a determination on granting the person the appropriate procedural status, to return the statement of claim (Article 135 of the CCP), to leave it without motion (Article 136 of the CCP) or to refuse acceptance (Article 134 of the CCP). In the event that a decision is made to refuse recognition by a third person who claims independent claims regarding the subject matter of the dispute, it may be appealed by handling a private complaint. When a third person invades an foreign the process of considering a case starts from the very beginning, and the person is endowed with the rights and duties of the plaintiff.

Third parties that do not declare independent claims for a dispute (interventio acessoria), enter the process on the side of the plaintiff or defendant until the court of first instance decides the case ( so they are sometimes referred to as accomplices of the plaintiff or defendant), which can affect their subjective rights and obligations in relation to one of the parties to a legal conflict. Therefore, the legal interest of this type of third parties is that the judicial enforcement law does not negativ