The Code of Civil Procedure of the Russian Federation contains the composition of the participants litigation. The need to determine the circle of subjects is dictated by the presence of interest in each of them as a result of the proceedings. In accordance with this, the law establishes obligations and rights for participants. At the same time, far from all persons have the opportunity to carry out administrative actions in the course of legal proceedings.
Subject Categories
The following persons are involved in the case:
- Claimant.
- Defendant
- Interested party.
- Third party entities. They can participate in the proceedings, declaring or not declaring independent claims.
- State and local authorities and other bodies.
In addition, representatives of certain entities, witnesses, as well as specialists (experts, doctors, etc.) may participate in the proceedings.
Characteristic
During the consideration of cases falling under the provisions of the Civil Code, participants in proceedings can be divided into categories, depending on the degree of their interest. The first category includes the subject making the claims - the plaintiff, and the citizen responding to them - the defendant. Their inclusion in a separate group is understandable. Each of them acts as an interested person. This means that their participation in the proceedings is dictated by the desire to protect / restore their rights.
The outcome of the dispute is extremely important to them. The second category includes those who have not personal, but professional, social, etc. interest as a result of the proceedings. Such participants, in particular, include representatives of local authorities, the prosecutor, and so on. Each of them also acts as an interested person in the civil process. However, they do not count on personal benefits from this. Subjects not assigned to either the first or second category are ordinary participants in the proceedings. They, in particular, may be experts, translators, witnesses, etc.
Who is the stakeholder in court?
Subjects may participate in the proceedings due to the nature of their professional activities. As a rule, they are state, regional or municipal institutions or bodies. An interested person in court performs certain actions and expects a specific result. Moreover, he has a very clear motive for participating in the case. In particular, the person concerned seeks to bring the result of the review to a state that, in his opinion, is fully consistent with the law. The subject has certain legal grounds for participating in a case.
Special cases
In the literature, along with the legal one, actual interest is distinguished. It does not apply to the parties to the dispute (defendant and plaintiff). Meanwhile, actual interest will not matter to most participants in the process. However, for some entities, it can become a serious obstacle. For example, one of the participants in the proceedings is a relative of the prosecutor. The latter, accordingly, may have a conflict of interest. And this, in turn, questions his participation in the matter. In this case, the prosecutor will act as an actually interested person, which contradicts the principles of production.
Claimant
He also acts as an interested person. The plaintiff believes that his rights are violated, and, by submitting an application, seeks to restore them.In the lawsuit, he indicates all the circumstances with which he does not agree, as well as the requirements addressed to the defendant. In this case, there is a personal interest in the outcome of the proceedings. The decision made by the court in satisfying the claim will help the plaintiff restore his rights. If the decision is not adopted in his favor, the situation will remain unchanged. Accordingly, in order to defend its innocence, the plaintiff must use all possible legal means. He has the right to provide evidence, apply for the involvement of witnesses, specialists, experts and so on.
Defendant
Claimant is required of this entity. The defendant also has a personal interest in the result of the case. It is beneficial for him that the decision was not made in favor of the plaintiff. Otherwise, he will have to restore the violated rights of the applicant, and in some cases to compensate for the damage suffered. He also uses all means prescribed by law. In addition, the Code of Civil Procedure permits him to file a counterclaim. In this case, the original plaintiff becomes the defendant.
Additionally
In some cases, an amicable settlement is concluded in the interests of the parties to the dispute. A proposal for this, as a rule, comes from an official authorized to consider the case. The settlement agreement takes into account the interests of both parties, as well as other persons whose rights may be affected by them.
Conclusion
Various persons may participate in civil proceedings. The main actors are the defendant and the plaintiff. They have a personal interest in the outcome of the proceedings. They may apply for the involvement of other citizens in a dispute. During the process, third parties may appear. They can make independent claims and apply them both to the plaintiff and to the defendant. However, their status does not change from this - they remain third parties with a personal interest. These entities also have the right to use legal means of proof. Another category is stakeholders. They enter into proceedings by virtue of their professional activities. In this they differ from third parties. Their desires may coincide with the requirements of the plaintiff or defendant. However, in any case, their interest is public. All participants in the proceedings have the right to appeal the decision. The appeal of the act is carried out in the manner provided for in the Code of Civil Procedure. In practice, there are cases when the subject has an actual interest in the case. Timely identification of it will allow avoiding the groundlessness of the decision.