The provisions of the Code of Civil Procedure, the participants in the civil process are vested with relevant statuses. First of all, the court itself is referred to the parties to the proceedings as an organ of justice. In addition to those interested, the civil procedure code also includes third parties in the civil process. It should be noted that the latter may have a different nature of interest. In this regard, third parties in a civil proceeding may be either declaring or not declaring specific independent claims regarding a disputed subject. Both those and others possess features common to all parties to legal proceedings. At the same time, third parties in the civil process are endowed with specific features that are characteristic only for this category.
Common features include:
- Belonging to legal proceedings, along with other parties. This feature forms the legal position that third parties occupy in the civil process. In addition, this feature defines the complex of their rights.
- Interest in the end.
- Significance of the decision for third parties (according to their type).
- Mismatch of interests with the interests of the original defendants and plaintiffs.
- Attracting or joining third parties in the initiated process. The statement of independent claims is carried out by filing a claim (claim).
Third parties, therefore, are parties involved or entering into the process that has begun, having some interest in its outcome. The latter is due to the fact that a decision may affect their duties and rights. Third parties can be legal entities or citizens.
A party declaring independent claims regarding a disputed subject is the subject of the relevant material legal relationship. The entry of a third party into the process is voluntary. In accordance with the principle of dispositive law, it is not permitted to force this party into legal proceedings. At the same time, the court, in accordance with the procedure for preparing the case for trial, may recommend certain persons to become a third party in the case, declaring independent claims. This party may claim the subject of the dispute as a whole or a specific part of it.
The interests of third parties usually oppose either one or both sides of the process. At the same time, they declare claims regarding the same subject of the dispute, in relation to which the claims of other parties are stated.
It is necessary to note a certain degree of similarity of third parties who declare specific independent claims with the plaintiffs. In other words, if this party had sued earlier, it would have become the original plaintiff. If the court does not allow a third party to participate in the proceedings, which makes specific independent claims, then it has the right to file a lawsuit, thus opening a separate judicial proceeding. In it, it becomes the plaintiff.
In the legal literature, the differences between the considered side and the co-practitioners are clearly defined.
In civil proceedings, one of the parties may be the prosecutor. He is involved in the consideration of the case on the basis of the provisions of the relevant legislation, federal laws. Moreover, the definition of "prosecutor" is somewhat generalized. This term contains such concepts as “assistants”, “deputies” and so on.
The public prosecutor is vested with certain powers in the civil procedure. They are fixed by relevant legal norms.
In accordance with the procedural provisions of the law, the prosecutor is empowered to apply or enter the proceedings at any stage in the case when this is necessary.