The subjects of the civil process are defined in the Code of Civil Procedure. First of all, the court refers to them, which directs the process, directs the actions of the persons participating in the case, acts as a guarantor of the exercise of procedural rights, resolves the dispute, and issues decisions. The subjects also include persons involved in the case. These are the parties, the prosecutor, third parties, interested citizens in cases of special proceedings, as well as persons acting in the process for giving opinions, etc.
The parties to the civil process are its main participants, a dispute over the law (legal interest) between which the court should consider. According to the Code of Civil Procedure, such participants include the plaintiff - the person who has applied to the court to protect the rights, in whose interests the proceedings are carried out, and the defendant - the violator of the rights, who is brought to justice for some act (causing harm, non-payment of debt, etc. .).
To protect their own interests, the parties in the civil process have rights and obligations that can be divided into two groups conditionally. The first includes the general ones, that is, those that other participants in the process have: take part in the study, present evidence, get acquainted with the case and make extracts from it, participate in court, notify the reasons for the failure to appear, declare objections and petitions, receive copies of the definitions and decisions, give written and verbal explanations, comply with established procedures, appeal court decisions , etc.
In addition to general rights and obligations, there are also those that are vested only by the parties. For example, it is possible to conclude a settlement agreement. In addition, the plaintiff has the right to change the subject of the claim or refuse it, reduce or increase claims. The defendant may agree to the claim to a certain extent either in full or declare a counterclaim.
Parties to the civil procedure have equal rights and obligations. Several plaintiffs (defendants) may participate in the proceedings together. In this case, the subject of the dispute should be common to all, and the duties and rights of all defendants and plaintiffs should have one basis. Any of the plaintiffs and defendants in the process acts independently.
The parties to the civil procedure are required to possess civil procedural legal capacity. Under it is understood the ability to be a participant in the process, i.e. have rights, bear responsibilities. According to Art. 36 GKP, possess all citizens and organizations entitled to judicial protection of their legitimate interests. Also, the person must be competent.
This term refers to the ability of one’s own actions to fulfill procedural obligations and exercise rights. She has adult citizens and organizations. There are exceptions to the rules when minors from 14 years of age independently defend their rights in the process. The court in such cases may involve legal representatives.
Citizens in a procedural manner may be declared legally incompetent by a court. This may be due to some kind of mental disorders, alcohol abuse, and in other cases. Then representatives act in their interests. Legal capacity also ceases in connection with the death of a citizen.
Art. 41 Code of Civil Procedure provides for the concept - "replacement of inappropriate defendant." It is introduced into the law in order to protect the rights of the plaintiff in case of his mistake and save costs. It can be carried out at any stage of the process up to the time of the court decision. Replacement is carried out only with the consent of the plaintiff. The opinion of the defendant in this case is not taken into account, since he is the respondent. The court makes a decision on replacement, after which the trial begins again.