CONCEPTS, TYPES AND FEATURES OF THIRD PARTIES IN THE CIVIL PROCESS OF UKRAINE

Abstract

The article is devoted to a comprehensive study of the institution of third parties in the civil process of Ukraine. Scientific approaches to the definition of the concept of third parties, their types and peculiarities of legal status have been studied. It is noted that the legislative changes that the institute of third parties underwent are contradictory in nature and do not take into account the specifics of the legal personality of these participants in the civil process. The relevance of the study of the institution of third parties in the national legislation of Ukraine, which is caused by a misunderstanding of their role in the civil process, is revealed. Scientifically based proposals and recommendations for improving the relevant provisions of the civil procedural legislation have been formulated. Characteristic procedural features of third parties are singled out, it is emphasized that the interest of third parties does not coincide with the interest of the parties. On the basis of this, the conclusions were made that the participation of third parties is foreseen only in cases of legal proceedings, they occupy an independent procedural position and are separate subjects of civil procedural legal relations. The concept and content of the legal interest of third parties in the consequences of the decision of the case, its division into material-legal and procedural-legal, are disclosed. It was concluded that the degree of interest of third parties affects their species. Attention is focused on the fact that third parties are divided into types: third parties who make independent claims regarding the subject of the dispute and third parties who do not make independent claims regarding the subject of the dispute. It is emphasized that the basis of this distinction between third parties is the degree of impact on their civil rights and obligations of the dispute between the parties and the court decision that may be taken as a result of its resolution. The difference between third parties who assert independent claims and third parties who do not assert independent claims regarding the subject of the dispute is disclosed. The conclusions of the Supreme Court regarding the concept and legal status of third parties are highlighted. The concept of “interest” in the context of legal interest (interest) of third parties is revealed, it is emphasized that it is also inherent in legal proceedings, not only separate ones. Attention is focused on the fact that the institute of third parties is characterized by a number of problematic issues. The works of scientists who studied the legal status of third parties in the civil process of Ukraine were analyzed. Solutions to existing problems proposed by scientists are described. Based on the results of the research, a conclusion was made about the importance of the institution of third parties, as they provide judicial protection of the rights, freedoms and interests of the participants in the case, which contributes to the fulfillment of the tasks of civil justice. It is emphasized that third parties are considered to be one of the most important figures in the civil process, they belong to the circle of persons who have a legal interest in the decision and consideration of a civil case.