УДК 347.9 PDF
ORCID ID 0000-0003-2620-3669
DOI 10.37566/2707-6849-2021-1(34)-8
Оksana SHUTENKO,
Associate Professor, Department of Civil Proceedings, the National Law
Yaroslav the Wise University,Doctor of Law
LEGAL REGULATION OF THE INSTITUTION OF THE PARTIESFROM THE STANDPOINT OF THE PRINCIPLE OF BALANCE OF CIVIL PROCEDURAL LEGAL RELATIONS
The modern science of civil procedural law is experiencing a new stage of understanding the institution of the parties, which is associated with the study of the principle of balance of civil procedural law.
The basis of non-priority participation in the process of the plaintiff and the defendant determines the legislative regulation of the institution of the parties. This rule should be considered as one of the manifestations of a fair trial, as it is a manifestation of the balance of interests of the parties during the proceedings. In the spirit of this principle, it is proposed to improve the procedures for involving accomplices and replacing an improper party in civil proceedings.
The principle of the balance of civil procedural legal relations is, first, that the amount of legal interest of the subject of the process is directly proportional to the scope of his procedural rights. Thus, the purpose of civil process - restoration of the broken right is reached.
Meanwhile, the legislator does not always manage to comply with the relevant legal regulations. In particular, the rules relating to the institution of procedural complicity and replacement of the improper party.
The mistake of the legislative regulation of this mechanism is, in our opinion, a misunderstanding of the principle of equality of arms: the court cannot involve the co-plaintiff, and therefore cannot involve the co-defendant. The different nature of the institutions of the plaintiff and the defendant does not allow the same approach to legal regulation. This inequality is compensated by other principles, rules and institutions of civil procedural law. But the starting point is that at the beginning of the case the plaintiff attacks, initiates the process, and the defendant is involved in the process.
Keywords: civil process, parties of civil process, principle of balance, legal anthropology, procedural complicity, replacement of improper party.
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