One of the basic rights of a citizen includes the right to judicial protection of his legal freedoms and interests. This privilege is realized in the form of justice and guaranteed by the state.
Along with the judicial, there are other forms of protecting the interests and rights of citizens and organizations. Such forms include administrative protection, public, notarial and self-defense. But it is judicial protection that is most often given priority when choosing a form of upholding civil rights.
Due to the institution of civil proceedings by the court, a process of the same name arises. Like any judicial procedure, a civil process cannot be implemented without its direct actors. The main representatives of the civil process, of course, are the defendant and the plaintiff. In this article we will consider the rights of the plaintiff and defendant in the civil process, as well as other issues related to the civil procedure and its participants.
General information
Justice in civil cases is carried out by justices of the peace and courts of general jurisdiction, which institute such cases on the basis of statements received from interested parties. The court has the right to apply not only to a person whose rights must be defended, but also to other individuals and legal entities.
First of all, it should be noted that the procedural legal relations in the field of civil rights are regulated by the Civil Procedure Code of the Russian Federation (hereinafter - the Code of Civil Procedure of the Russian Federation). Some narrower issues are regulated by other legal acts, for example, laws of the Russian Federation on courts of various categories and on the judicial system, on the prosecutor's office, on forensic science and many others.
Subjects of legal relations
The subjects of civil law relations are, as already noted, the courts, as well as persons involved in the case, involved in the civil process in order to assist in the administration of justice (specialists, translators, experts, etc.).
The courts of first instance take part in the civil process, but when appealing the decisions of these courts, courts of the second instance (appeal, cassation and supervisory) can also be connected.
Persons involved in the case
In accordance with Article 34 of the Code of Civil Procedure of the Russian Federation, parties to a civil case include parties, a prosecutor, third parties, people who turn to the court to protect the interests and rights of victims, applicants and other interested representatives.
These individuals have a legal interest in the outcome of the civil process. The rights of these representatives include the right to carry out procedural actions and wills on their own behalf, as well as other requirements that will be considered later.
We also note that the legal force of a court decision extends to all persons who participate in a particular case.
Parties to civil proceedings
According to article 38 of the Code of Civil Procedure of the Russian Federation, the parties to the civil process are the plaintiff and the defendant, which can be both an individual and a legal entity. It should also be mentioned that this terminology applies in the case of civil proceedings. In a special proceeding, participants in civil cases are called applicants and interested parties, they have the same procedural rights and obligations as the defendant and the plaintiff.
The plaintiff is an active side of the civil process.This is the name of the person in whose defense the rights and freedoms are instituted and a civil case is being considered. The defendant is the person who the court brings to justice due to the fact that the plaintiff indicated him as a violator of the law.
There is a civil-law conflict between the plaintiff and the defendant, which has not been settled by the parties independently and must be resolved in court. The task of the latter is to resolve the dispute by regulating the interests of the parties to civil cases and making them indisputable.
General procedural obligations and rights of the parties to the process
The rights and obligations of the parties may be either general or special. The first, in addition to those listed above, include the following:
- Permission to get acquainted with the materials of the relevant case (including making copies).
- The right to provide evidence and research.
- The right to challenge (for example, the right to challenge a representative of a plaintiff in a civil proceeding) and a petition.
- The ability to ask questions to the participants in the case (witnesses, specialists, experts).
- The right to give the court written or oral explanations.
- The prerogative to appeal against judicial decisions.
- Other rights listed in article 35 of the Civil Procedure Code.
As for the general obligations of the parties to the process, we should talk about their ability to exercise their rights in good faith, observe the established procedural order, unconditionally obey the orders of the chairman of the court session, and the obligation to respect the court.
Procedural complicity
The Code of Civil Procedure also provides for a situation in which a lawsuit may be brought against several defendants or plaintiffs. This situation is called procedural complicity and is allowed in the following cases:
- if the subject of the dispute is the rights, interests or obligations of several defendants or plaintiffs;
- if such rights and obligations have one basis;
- if the subject of a civil dispute is homogeneous duties and rights.
It is noteworthy that each accomplice acts independently in the civil process, while the court must make a general decision that determines the rights and obligations of each of the parties.
Participation on the side of the plaintiff is provided by law in cases where members or former representatives of partnerships, members of limited liability companies jointly and severally bear subsidiary liability in other cases provided for by the Civil Code of Russia.
The rights of the plaintiff in civil proceedings
In addition to general rights and obligations, parties to a civil process also have special rights and obligations. The last rights of the plaintiff in the civil process include the ability to change the basis and subject of the claim, refuse the claim, and also review the size of the claims. These rights can only be exercised if there is no contradiction to the law and if the rights and interests of other persons are violated.
The Code of Civil Procedure also defines other rights of the plaintiff in civil proceedings. For example, he has the right to initiate the replacement of an improper defendant in the case.
According to the Code of Civil Procedure, the rights of the plaintiff in civil proceedings may coincide with some of the rights of the defendant. So, for example, both parties to the process have the right to represent their interests, including with the help of a representative, and also have the right to compensation under certain conditions of legal costs incurred.
In general, here we can talk about the procedural unity of the parties, which means the same opportunities for them in terms of protecting their interests. For example, the defendant has the right to file a counterclaim, to challenge, and to carry out other procedural actions.
Along with the procedural rights of the plaintiff in the civil process, there are obligations.These include the obligation to appear in court, to make judicial financial expenses and to carry out the necessary procedural actions within the established time limits.
Powers and rights of the representative of the plaintiff in civil proceedings
Citizens have the opportunity to conduct business in court in person or through representatives. Organizations in such situations participate in the case through the governing bodies or their representatives.
Legal representation may be exercised by persons who have the appropriate powers on the basis of a power of attorney. It is important to note that investigators, prosecutors and judges are not allowed to represent, with the exception of cases involving the relevant authorities.
The power of attorney must indicate the rights and powers of the representative, which may include the following:
- Acquaintance with the case materials and removal of copies from documents.
- Statement of challenges in the prescribed manner.
- Presentation to the court of evidence in the case, as well as participation in their investigation.
- Other powers related to the execution on behalf of the represented necessary procedural actions in the framework of civil proceedings.
However, certain rights and powers of a court representative must be specifically stipulated in the power of attorney. For example, the right to file a counterclaim, sign a statement of claim and bring it to court, change the subject and basis of the claim, refuse claims or change their and other rights.
Thus, the representative of the plaintiff does not have independent rights in the civil process, as the plaintiff, but acts only within the framework of the authority granted to him.
Conclusion
So, we examined the rights and obligations of the plaintiff in the civil process, the rights and obligations of the defendant, as well as the powers of the court representative. The legal status of the parties to civil cases is set forth in detail in the Code of Civil Procedure of the Russian Federation, which makes it possible to effectively ensure and protect the rights and interests of participants in civil litigation.