Civil procedural law. Participation of state bodies, local governments, organizations and citizens defending violated or contested rights, freedoms and legally protected interests of other persons (the most important)

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Civil procedural law. Participation of state bodies, local governments, organizations and citizens defending violated or contested rights, freedoms and legally protected interests of other persons (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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15. PARTICIPATION OF STATE BODIES, LOCAL GOVERNMENT BODIES, ORGANIZATIONS AND CITIZENS PROTECTING VIOLATED OR CONTESTED RIGHTS, FREEDOMS AND LAW-PROTECTED INTERESTS OF OTHER PERSONS

State authorities, local authorities, organizations or citizens have the right to apply to the court with an application in defense of the rights, freedoms and legitimate interests of other persons at their request or in defense of the rights, freedoms and legitimate interests of an indefinite number of persons.

At the same time, these bodies have a certain interest, which is of a state-legal or public nature, and, therefore, they can be attributed to the persons participating in the case.

State bodies, local self-government bodies, other bodies and persons participating in civil proceedings act in the process on their own behalf.

Conditions for filing a claim in defense of rights, freedoms and legally protected interests:

1) filing a claim must be provided for by law;

2) there must be a request from the person in defense of whose rights the civil case is being initiated. But at the same time, the legislator has provided an exception to this rule, i.e., an application in defense of the legitimate interests of an incapacitated or minor citizen in these cases can be filed regardless of the request of the interested person or his legal representative. Subjects who have filed an application to protect the interests of other persons occupy the position procedural plaintiff. Not being a party to the case, they enjoy all the procedural rights of the plaintiff, except the right to conclude a settlement agreement. In the person of their representatives, they have the right to familiarize themselves with the case materials, submit petitions, give explanations, present evidence, participate in the examination of evidence, and perform other procedural actions provided for by law.

These procedural plaintiffs are released from the obligation to pay court costs, and a counterclaim cannot be brought against them.

If a public authority, local self-government body, organization or citizen refuses to file an application in defense of the legitimate interests of another person, the consideration of the case on the merits continues, unless this person or his legal representative declares that the claim is waived. If the plaintiff refuses the claim, the court terminates the proceedings, unless this is contrary to the law or violates the rights and legitimate interests of other persons.

The purpose of participation in civil proceedings of state bodies, local self-government bodies, as well as other bodies and persons participating in the process, is the protection of the rights and legally protected interests of other persons.

Basis for participation - state or public interest in a civil case arising from the duties that are assigned to bodies and persons by virtue of functional powers.

Civil procedural law provides 2 forms of protection of the rights and legally protected interests of other persons:

1) filing a claim or statement in court in defense of any person;

2) giving an opinion on the case, if this is required in connection with the consideration of the case.

Author: Gatin A.M.

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