• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site
Menu
  • HSE University
  • Publications of HSE
  • Articles
  • Гарантии права на судебную защиту для лиц, не участвующих в деле, вопрос о правах и обязанностях которых разрешен судом

Article

Гарантии права на судебную защиту для лиц, не участвующих в деле, вопрос о правах и обязанностях которых разрешен судом

Procedural legislation of RF regulates the status of parties involved in the case in detail. Although in some cases circumstances are followed to making decisions by judges that are concerned the rights of the persons who didn't take part in the process in the court of first instance. As a rule these persons find out about the decisions when consideration of the case is over. Notwithstanding civil procedural, arbitration procedural and administrative procedural legislation contain the norm about right of such persons to appeal complaint, cassational and supervisory appeal, the problem of providing them efficient legal remedies is still not solved nowadays. The reason for this is following. Procedural codes do not regulate neither the actions of the court aimed to determination of the status such persons, nor rules of their participation in the higher judicial instance.

The author of the article studied the history of development the institute the persons who are not involved in the process but the court solved their rights, analysed procedural legislation and judicial practice, made the following conclusions. First of all it's necessary to unify the terminology. Then it's reasonable to determine the status of such persons at the preparation stage of the appeal complaint, cassational and supervisory appeal to court proceeding on the merits because they didn't have possibility to protect their rights in the court of first instance and grounds for transferring such claims for consideration on the merits. On the whole the norms, regulating the procedural status the persons who are not involved in the process but the court solved their rights, should be consolidated into the chapter in order to reflect their specific traits.