A third party that does not state independent claims is one of the figures in the civil process. Not much space is given to him in the legislation, while his role may turn out to be significant.
Third Parties - Who They Are
Obligatory participants in the trial are parties, these include: the plaintiff and the defendant. In addition to them, the law calls third parties participants, the prosecutor and state bodies and persons protecting other people's interests and rights.
The relationship of the parties determines the specificity and nature of the dispute. Third parties are engaged by the parties in order to protect their own interests.
This category is represented by two groups: one makes its own claims in the trial, the other does not.
Her involvement is often formal. The judge first of all tries to protect himself from the cancellation of the decision in the future due to the refusal to involve persons who are interested in the process.
Their participation leads to a more complete clarification of all the circumstances of the case and significant savings in court time for the settlement of disputes. In addition, the risk of violating the rights of outsiders and organizations whose interests do not seem to relate to the pending dispute is reduced.
What is the subject of dispute
Code of Civil Procedure often touches upon such concepts as the grounds and subject of the claim. Under the basis refers to the circumstances on which the lawsuit is based.
The subject of the claim is a broader concept, but most often it is understood as the plaintiff's claim. In this case, the subject of the dispute is a material object or rights to goods having material expression. Understanding what a claim is, the subject of a lawsuit or dispute, is important. Since the wording used is often found, it is a third party who does not state independent claims on the subject of the dispute.
Moreover, the request of a third party for a partial or full refusal of a claim does not apply to the declared independent claims. The same applies to the requests of a third party to the court to agree with the lawsuit.
The difference between a third party and an accomplice
Under procedural complicity refers to the simultaneous taking of the position of the plaintiff or defendant by several persons. This rule applies equally to defendants and plaintiffs. Signs of procedural complicity:
- general rights and obligations (for example, rights to one property);
- co-defendants are involved on one basis (for example, two culprits of one accident);
- homogeneous rights and obligations (several employees ask to collect wages from one employer or the management company files a lawsuit against several residents of the same house).
The difference between partners and third parties is that their requirements or the requirements for them are identical.
Their legal interests coincide completely. If we talk about third parties, then their interests with the plaintiffs or defendants coincide partially or completely do not exist until the decision is made. Why is the law talking about the possibility of the effect of the result of the process on their rights.
Further. A co-competitor cannot be attracted without his will. The court, at most, can notify him. The second defendant is attracted solely with the consent of the plaintiff; the court is also not entitled to force him to take part in the process.
Normative regulation
Art. 43 Code of Civil Procedure of the Russian Federation reveals the status of third parties, the procedure and involvement in the process, the scope of restrictions on their ability to influence the process.The main reason for their involvement, according to the provisions of the law, is the likelihood that a court decision will affect their rights and obligations to other persons in the future. What is meant by probability is decided in a particular situation by a court.
Art. 43 Code of Civil Procedure of the Russian Federation reflects the particular status of the group of persons under discussion, all other provisions of the code apply to third parties to the same extent as to all other participants.
How everything looks in life
Who is this - a third party, not declaring independent requirements - examples from practice will help to understand.
The driver, while driving a vehicle, caused harm to another citizen. At that time, he was fulfilling his official duties; the company that owns the bus is responsible. The driver is attracted as a third party without any requirements on his part.
The enterprise, having lost the case, is then entitled to file a lawsuit against the employee because of losses incurred through his fault.
Another example. The mother of the child files a lawsuit to increase child support for her ex-husband. He has another child from another woman. The mother of the second child should be involved on the side of the defendant as a third party.
The obligation to pay deductions for employees lies with the employer. If he does not fulfill this duty, the PF is entitled to apply to the court. The law does not deprive the right to file a lawsuit against an employee who has lost pension savings and seniority due to this. In such processes, the PF acts as a third party without independent requirements.
The degree of influence of a court decision on third parties is really different: in one case it is a formality, as with Rosreestr, in others there are serious material consequences.
In judicial practice, more complex situations with many people on each side regularly arise.
Communication between third party and parties
Third parties are not parties to the process, and the court cannot impose any obligation on them as a defendant by their decision. However, this decision may serve as a basis for another matter, where a third party will already become a defendant, as in the example of an accident.
Their legal interest is primarily associated with the facts that the court will establish and the conclusions that it will make in its decision. According to the law, in the new process it is not necessary to prove facts and circumstances if they were previously established by a court decision in another case between the same persons.
The potential interest of a person is revealed by the court in the course of the proceedings, based on the available facts. In some cases, the law expressly calls the participant in the legal relationship a third party.
For example, when a creditor changes, the old creditor is involved in the process on the side of the new one, if the debtor does not agree with the change, and a dispute arises as to whom to pay the debt.
The seller becomes a third party when it disputes the legal possession of a thing that he subsequently sold. He is involved in a dispute between the plaintiff and the buyer on the buyer's side.
In the above example with an accident involving a driver-employee, the communication of a third party and the defendant is also based on a direct indication of the law. An enterprise that owns a source of increased danger is obliged to compensate for damage caused by its employees during working hours.
Sign of a third party in the presence of mutual rights and obligations with the party of the plaintiff or defendant.
With the opposing party, he has no relationship in the form of rights and obligations.
The point of view is substantiated that the described connection is caused by substantive rather than procedural law.
What rights does the law give them
According to the Code of Civil Procedure, all parties have a standard set of rights and obligations, unless otherwise specified by the peculiarities of their situation.
What are the rights of third parties that do not state independent claims under the law?
- get acquainted with the case materials;
- copy or photograph them;
- challenge the court or the secretary;
- call witnesses;
- ask questions to other parties to the case;
- ask for an examination;
- raise questions with an expert;
- ask for evidence to which there is no access;
- make other requests to court;
- present their arguments;
- to object to the statements of other participants in the process.
Within the meaning of the law, a third party has the right to ask the court to dismiss the claim, both in part and in full.
A petition or application by third parties that do not state independent claims is equally significant in that it is filed by other participants.
The presented list is not exhaustive, as the text of the law directly speaks.
Possession of rights also imposes obligations for the failure of which the court has the right to apply sanctions: impose a fine, refuse to belatedly present the evidence, etc.
What the law limits them to
A third party that does not state independent requirements, by virtue of its status, is deprived of a number of opportunities.
The law limits it:
- in changing the subject or basis of the claim;
- to increase or decrease the volume of requirements;
- in recognition of the claim;
- in agreement to a settlement.
A third party that does not state independent claims has a wide range of rights that give it the right to protect its interests. After all, the plaintiff or defendant may behave in bad faith, which carries a risk not only for him. Thus, the balance is maintained, because no one can be forced to protect his rights or interests.
The number of third parties
It is assumed that a third party is entitled to participate in the process either on the side of the defendant or on the side of the plaintiff. Changing the law of the position during the process is not expected. At the same time, the number of representatives of this category of participants in the case is not limited. And, by the way, a third party who does not state independent claims has the right to attract other persons in the same capacity.
On what grounds are attracted
The statement outlines the reasons for engaging in the process: what is the relationship between a third party and a possible court decision. One option is to file a lawsuit against the organization or citizen involved. In fact, the initial process resolves the issue of whether a dispute arises in the future or not, in which a third party becomes a plaintiff or defendant.
A reference to the norms of the law justifying the connection of a third party with the party to the case makes the applicant’s position stronger.
Third parties differ from prosecutors and authorities to those whose interest they express.
The authority expresses the position of the state and acts in accordance with its authority. The prosecutor acts in a similar way, protecting state or municipal interests or the rights of individual citizens or their groups.
A third party, not declaring independent claims on the subject of the dispute, expresses its private interest. Among his rights is the refusal to take part in the case, leaving everything to the discretion of the court.
Invitation to the process
Attracting a third party that does not state independent requirements may have several options:
- personal statement;
- statement of one of the parties;
- court initiative.
The consent or refusal of the court is made out by definition.
If the applicant does not agree with him, he has the right to file a private complaint within 15 days from the date of the decision.
The court’s resolution of the case does not essentially deprive the potential participant of the process of the right to appeal, aimed at a complete review of the case. It doesn’t matter if he knows about the process before the decision is made or after.
The involvement of a third party in the process is not paid by the state fee, regardless of who submitted the application.
Conclusion
Thus, procedural law defines third parties as a special category of participants in the process:
- participate on the side of the plaintiff or defendant;
- protect their own interests that may be affected in the future;
- lack of own claims on the subject of the dispute;
- the existence of rights and obligations in relations with the person on whose side they are involved.
A third party exercises its rights and obligations at its sole discretion. The court's duty to bring him to the trial, whether to appear on it or not, it is decided independently.