Civil procedural law. Third parties (most important)

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Civil procedural law. Third parties (most important)

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13. THIRD PARTIES

Third parties - persons entering into a process that has already arisen between the plaintiff and the defendant in connection with the interest in resolving the dispute along with the parties.

Third parties may intervene by filing a claim at any stage of the legal process. When a third person enters the process, declaring independent claims on the subject of the dispute, the judge decides only on his admission. In accordance with the principle of optionality, it is impossible to involve a third party in the process without his will.

The law distinguishes between 2 types of third parties depending on the degree of their interest in the process.

1. Third parties making independent claims regarding the subject of the dispute, - persons who entered into the case before the adoption of a court decision by the court of first instance to protect their independent rights and legitimate interests.

They enjoy all the rights and bear all the obligations of the plaintiff. With regard to persons who make independent claims regarding the subject of the dispute, the judge issues a ruling on recognizing them as third parties in the case under consideration or on refusing to recognize them as third parties, against which a private complaint may be filed.

A court ruling shall be issued on the entry into the case of third parties declaring independent claims regarding the subject of the dispute.

A third person making independent claims must be distinguished from a co-plaintiff. The claims of the co-plaintiffs are always addressed to the defendant and are not mutually exclusive.

Differences:

1) the claim of a third party, unlike the claim of accomplices, cannot be filed jointly with the original claim;

2) the claim of the original plaintiff and the claim of a third party directed at the same object of the dispute are mutually exclusive. 2.

Third parties who do not make independent claims regarding the subject of the dispute, are persons participating in a case on the side of the plaintiff or defendant due to the fact that the decision in the case may affect their rights or obligations in relation to one of the parties.

They may be involved in the case also at the request of the persons participating in the case, or at the initiative of the court. Third parties who do not declare independent claims regarding the subject of the dispute enjoy the procedural rights and bear the procedural obligations of the party, with the exception of the right to change the basis or subject of the claim, increase or decrease the amount of claims, refuse the claim, recognize the claim or conclude a settlement agreement, as well as to file a counterclaim and demand enforcement of a court decision.

A court ruling shall be issued on the entry into the case of third parties not declaring independent claims regarding the subject of the dispute.

When third parties enter the process, the case is considered in court from the very beginning.

The decision on the issue of involving or admitting third parties to participate in the case is formalized by a court ruling, which cannot be appealed, since it does not exclude the possibility of further progress of the case.

Author: Gatin A.M.

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