Parties in civil proceedings

The subjects of the civil process are defined in the CCP. First of all, they include a court that directs the process, directs the actions of the persons participating in the case, acts as a guarantor of procedural rights, resolves the dispute, and issues resolutions. Subjects also include persons participating in the case. These are the parties, the prosecutor, third parties, interested citizens in matters of special proceedings, as well as persons acting in the process for giving opinions,

The parties in the civil process are its main participants, the dispute about the law (lawful interest) between which the court should consider. To such participants, according to the CCP, are the plaintiff - a person who applied to the court to protect the rights in whose interests the proceedings are being conducted and the defendant is the violator of rights, who is brought to justice for some act (causing harm, failing to pay the debt, etc. .).

To protect their own interests, the parties in the civil process have rights and duties that can be divided into two groups. The first includes general, that is, those that are available to other participants in the process: to take part in the investigation, to present evidence, to get acquainted with the case and to extract extracts from it, to participate in the court, to notify the reasons for non-appearance, to make withdrawals and petitions, to receive copies of the definitions And decisions, to give explanations in writing and verbally, to observe the established procedure, to appeal against court decisions , etc.

In addition to common rights and duties, there are also those that only parties are endowed with. For example, it is possible to conclude an amicable agreement. In addition, the plaintiff has the right to change the subject matter of the claim or to refuse it, reduce or increase the claim. The defendant can agree with the claim to a certain extent either completely or declare a counter.

The parties in the civil process have equal rights and obligations. In the proceedings, several plaintiffs (respondents) can participate together. In such a case, the subject of the dispute should be common to all, and the obligations and rights of all defendants and plaintiffs have one basis. Any of the plaintiffs and defendants in the process acts independently.

Parties in the civil process must necessarily have civil procedural legal capacity. By it is meant the ability to be a participant in the process, i.e. Have rights, bear responsibilities. She, according to Art. 36 GKP, have all citizens and organizations that have the right to judicial protection of their legitimate interests. Also, the person must be legally capable.

This term is understood as the ability to perform one's own duties and perform rights by one's own actions. It has adult citizens and organizations. There are exceptions to the rules, when minors from 14 years old independently defend their rights in the process. The court in such cases may involve legal representatives.

Citizens in procedural order can be recognized by the court as incompetent. It can be carried out due to some kind of mental disorders, alcohol abuse and in other cases. Then representatives act in their interests. The legal capacity also terminates due to the death of a citizen.

Art. 41 ГПК provides a concept - "replacement of the inadequate defendant". It is introduced in the legislation in order to protect the rights of the plaintiff in case of his mistake and saving costs. It can be carried out at any stage of the process up to the moment of adoption of the court decision. The replacement is carried out only with the consent of the plaintiff. The defendant's opinion in this case is not taken into account, since it is the reciprocal party. The court makes a decision to replace, after which the proceedings begin again.