SUBJECTS OF CIVIL PROCEDURAL LEGAL RELATIONS: TRADITIONS AND INNOVATIONS

Author(s): Tumanova L.V.

Rubric: Legal proceedings. Prosecutorial and human rights activities

DOI: 10.21777/2587-9472-2023-3-52-57

Release: 2023-3 (39)

Pages: 52-57

Keywords: subjects of civil process, representative, class action, court, third parties, justice facilitators (persons assisting in the administration of justice)

Annotation: The article is devoted to the need to preserve fundamental approaches to the problem of subjects of civil proceedings based on the nature and presence of legal interest, but with the necessary rethinking of the current state of legislation and the needs of practice. The issue on the subjects of civil proceedings is of decisive importance for effective judicial protection. The insufficiency of legal regulation of persons participating in the case is shown. The definition of the parties given in the theory back in the last century does not correspond to the current state of practice, especially in cases where the subject of judicial protection is the rights and interests of minors, whose status is not at all defined in the law. The necessity of clarifying the status and name of the person acting in the interests of the group when filing a class action is substantiated. Attention is drawn to the fact that the Code of Civil Procedure of the Russian Federation does not single out a group of subjects that contribute to the administration of justice. On the basis of new approaches to the problem of legal interest, arguments are given in favor of changing the status of a representative in court. The article aims to identify the most problematic moments in the legal regulation of subjects of civil procedural legal relations in order to improve judicial protection.

Bibliography: Tumanova L.V. SUBJECTS OF CIVIL PROCEDURAL LEGAL RELATIONS: TRADITIONS AND INNOVATIONS // Journal of Legal Sciences. – 2023. – № 3 (39). – С. 52-57. doi: 10.21777/2587-9472-2023-3-52-57