Subjects of the civil process: a modern approach

Occupation: Acting Head of the Procedural Law Sector
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: 10 Znamenka, 119019 Moscow, Russia

Journal name

Gosudarstvo i pravo

Edition

Issue 6

Pages

32-40

Abstract

The article is devoted to the problem of the composition of the subjects of the civil process at the present stage. The basis of the procedural doctrine of the subjects of civil and arbitration process are the works of scientists-proceduralists of the pre-revolutionary and Soviet periods. Most of the scientific studies that substantiate the connection between the subjects of civil procedure and the court as an obligatory participant in civil procedural legal relations belong to them. At the dawn of the procedural doctrine, there were two opposite theories: one reflected the view of civil procedural legal relationship as a private law relationship between the court and the persons involved in the case, the other proceeded from the understanding of civil procedure relations as public law, power relations. Later, an approach took root in science, according to which the civil procedure is a legal relationship, the obligatory participant of which is the court considering the case, by virtue of which this relationship has a public law nature. At present, against the background of the differentiation of procedural forms of protection of violated rights and legitimate interests, a new procedural institution is being introduced into the civil process - judicial reconciliation. The legal status of a judicial conciliator is very complicated and has two sides: on the one hand, he does not participate in the administration of justice, on the other, he acts on behalf of the respective court. On the basis of a theoretical analysis of the institution of judicial reconciliation, a conclusion was made about the public-law status of a judge-conciliator and it was proposed to refer him to the first group of subjects of the civil process - the court. At the same time, the idea of the need to revise the foundations of the system of subjects of the civil process was rejected in connection with the emergence of new “legal figures”: the Commissioner for Human Rights and the Commissioner for the Rights of Consumers of Financial Services. It has been proven that these subjects fully meet all the characteristics of the persons participating in the case, and must occupy an independent procedural position in their system.

Keywords

court, civil procedure, arbitration process, subjects of civil procedure, interest in the case, judicial conciliation, judge-conciliator, retired judge, persons participating in the case, administrative proceedings

Received

10.01.2022

Publication date

20.06.2022

Number of characters

31506

Cite

GOST	Mikhailova E. Subjects of the civil process: a modern approach // Gosudarstvo i pravo – 2022. – Issue 6 C. 32-40 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520020392-2-1 (circulation date: 04.05.2024). DOI: 10.31857/S102694520020392-2
MLA	Mikhailova, Ekaterina "Subjects of the civil process: a modern approach." Gosudarstvo i pravo 6 (2022):32-40. DOI: 10.31857/S102694520020392-2
APA	Mikhailova E. (2022). Subjects of the civil process: a modern approach. Gosudarstvo i pravo (6), pp.32-40 DOI: 10.31857/S102694520020392-2

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1. Alekseev A.S. To the doctrine of the legal nature of the state and state power. M., 1895. P. 24 (in Russ.).

2. Vaskovsky E.V. Textbook of civil procedure. M., 2003. P. 179 - 181 (in Russ.).

3. The Great Reform: to the 150th anniversary of Judicial Statutes: in 2 vols. Vol. 1: The Charter of Civil Proceedings / ed. by E.A. Borisova. M., 2014. P. 131, 132 (in Russ.).

4. Golmsten A.H. Textbook of Russian Civil Proceedings. 5th ed., corrected and expanded. SPb., 1913 (in Russ.).

5. Gordon V.M. Claims for recognition. Yaroslavl, 1906. P. 18 (in Russ.).

6. Gukasyan R.E. Selected works on civil procedure. M., 2008. P. 43, 55 (in Russ.).

7. Ermoshin G.T. Retired judge: status, rights, duties // Law. HSE Journal. 2012. No. 4. P. 88 (in Russ.).

8. Zelenskaya L.A. Resolving the issue of the composition of persons participating in the case in Civil Proceedings // Polythematic network electronic scientific journal of the Kuban State Agrarian University. 2016. No. 120 (06) (in Russ.).

9. Knyazev D.V. Commissioner for the rights of consumers of financial services: some problems of legal regulation // Herald of the Tomsk State University. Law. 2019. No. 449. P. 228 (in Russ.).

10. Kolokolov N.A. Formation of judicial power in self–determined states: fundamentals of genesis and evolution management // Protection of rights in Russia and other countries of the Council of Europe: current state and problems of harmonization: collection of scientific articles. Krasnodar - St. Petersburg, 2011. P. 193 (in Russ.).

11. Korkunov N.M. Lectures on General theory of law. SPb., 2003. P. 225 (in Russ.).

12. Malyshev K.I. Course of Civil Proceedings. 2nd ed., corrected and expanded. SPb., 1876. Vol. 1 (in Russ.).

13. Scientific and practical commentary on the CPC of the RSFSR / ed. by R.F. Kallistratova, L.F. Lesnitskaya, V.K. Puchinsky. M., 1976. P. 3 (in Russ.).

14. Nefedev E.A. Textbook of Russian civil procedure. 3rd ed. M., 1908. P. 4, 5 (in Russ.).

15. Osokina G.L. On the question of the possibility of coincidence (combination) of procedural statuses of participants in civil proceedings // Herald of the Tomsk State University. Law. 2012. No. 355 (in Russ.).

16. Rozhdestvenskaya T.E., Guznov A.G. Features of the legal status of the Financial Commissioner // Herald of Kutafin University. 2018. No. 10. P. 48 (in Russ.).

17. Serkov P.P. On the question of the functionality of justice // Journal of Russ. law. 2018. No. 3. P. 100 (in Russ.).

18. Chechina N.A. Elected proceedings on civil procedure. SPb., 2004. P. 21 (in Russ.).

19. Chechot D.M. Elected proceedings on civil procedure. SPb., 2005. P. 89 (in Russ.).

20. Shakaryan M.S. Elected proceedings. SPb., 2014. P. 470, 578 (in Russ.).

21. Sherstyuk V.M. Theoretical problems of the development of civil procedural, arbitration procedural law and enforcement proceedings in the Russian Federation. M., 2021. P. 123 (in Russ.).

22. Yarkov V.V., Dolganichev V.V. Class actions: comparative analysis // Herald of the Euro-Asian Law Congress. 2020. No. 1. P. 120 (in Russ.).