Civil Code is a third party not making independent claims. Grounds for the start of the period under the Civil Code of Civil Procedure for the involvement of third parties. Procedural deadlines established by the Civil Procedure Code of the Russian Federation

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

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System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

According to Art. 42 of the Code of Civil Procedure of the Russian Federation, third parties who declare independent claims regarding the subject of the dispute may intervene in the case before the court of first instance makes a judicial decision. They enjoy all rights and are obliged to fulfill all procedural obligations of the plaintiff.

In relation to persons making independent claims regarding the subject of the dispute, the judge makes a ruling on recognizing them as third parties in the case under consideration or on refusing to recognize them as third parties, against which a private complaint can be filed. When a third party enters into the case and makes independent demands regarding the subject of the dispute, the consideration of the case begins anew. By its nature, a third party who makes independent claims regarding the subject of the dispute is none other than the plaintiff, and in accordance with this, enjoys all the procedural rights and obligations of the plaintiff in civil proceedings. The third party's claims regarding the subject of the dispute should not have the same grounds as those of the original plaintiff. The interests of the third party specified in the claim regarding the subject of the dispute must be mutually exclusive with the interests of the original plaintiff, otherwise the court will issue a ruling refusing to recognize them as third parties making independent claims regarding the subject of the dispute. Third parties who do not make independent claims regarding the subject of the dispute cannot be invited by the court to participate in the case.

Third parties who do not make independent claims regarding the subject of the dispute may intervene on the side of the plaintiff or defendant before the court of first instance makes a judicial decision in the case, if it may affect their rights or obligations in relation to one of the parties. Third parties who do not make independent claims regarding the subject of the dispute may also be brought to participate in the case at the request of the persons participating in the case, or at the initiative of the court. Third parties who do not make independent claims enjoy procedural rights and bear the procedural responsibilities of the party to whom they were invited to participate. Third parties who do not make an independent claim regarding the subject of the dispute do not have the right to change the basis or subject of the claim, increase or decrease the amount of the claim, abandon the claim, admit the claim or enter into a settlement agreement, as well as to file a counterclaim and demand forced execution of the court. decisions (Article 43 of the Code of Civil Procedure of the Russian Federation). A court ruling is issued regarding the entry into the case of third parties who do not make independent claims regarding the subject of the dispute, and the case is considered from the very beginning. The procedural position of a third party who does not make independent claims does not completely coincide with the procedural position of the plaintiff, defendant, and accomplices.

Third parties are persons who enter into a process that has already arisen between the plaintiff and the defendant due to an interest in resolving the dispute along with the parties.

Third parties may intervene by filing a claim at any stage of the legal process. When a third party enters into the process and makes independent demands on the subject of the dispute, the judge decides only on his admission. In accordance with the principle of discretion, it is impossible to attract a third party to participate in the process without his or her will.

The law distinguishes between 2 types of third parties depending on the degree of their interest in the process.

1. Third parties making independent claims regarding the subject of the dispute are persons who entered into the case before the court decision was made by the court of first instance to protect independent rights and legitimate interests.

They enjoy all the rights and bear all the obligations of the plaintiff. In relation to persons making independent claims regarding the subject of the dispute, the judge issues a ruling recognizing them as third parties in the case under consideration or refusing to recognize them as third parties, against which a private complaint can be filed.

A court ruling is issued regarding the entry into the case of third parties who make independent claims regarding the subject of the dispute.

A third party making independent claims must be distinguished from a co-plaintiff. The claims of co-plaintiffs are always addressed to the defendant and are not mutually exclusive.

1) the claim of a third party, unlike the claim of accomplices, cannot be filed jointly with the original claim;

2) the claim of the original plaintiff and the claim of a third party, aimed at the same object of dispute, are mutually exclusive. 2. Third parties who do not make independent claims regarding the subject of the dispute are persons participating in the case on the side of the plaintiff or defendant due to the fact that the decision in the case may affect their rights or obligations in relation to one of the parties.

They may also be involved in the case at the request of the persons participating in the case, or at the initiative of the court. Third parties who do not make independent claims regarding the subject of the dispute enjoy procedural rights and bear the procedural obligations of the party, with the exception of the right to change the basis or subject of the claim, increase or decrease the amount of claims, abandon the claim, admit the claim or enter into a settlement agreement, as well as to file a counterclaim and demand enforcement of a court decision.

A court ruling is issued regarding the entry into the case of third parties who do not make independent claims regarding the subject of the dispute.

When third parties enter into the process, the case is considered in court from the very beginning.

The decision on the issue of involving or admitting third parties to participate in the case is formalized by a court ruling, which cannot be appealed, since it does not exclude the possibility of further progress of the case.

Article 43. Third parties who do not make independent claims regarding the subject of the dispute

1. Analysis of the norms of Art. 43 shows that:

a) they are talking about third parties who do not declare independent (i.e., similar to the requirements mentioned in Article 42 - see the commentary to it) requirements. Nevertheless, these individuals are, to one degree or another, interested in the outcome of the case, since the decision may also affect their interests. So, if a claim is filed against a transport organization for compensation for damage caused as a result of an accident, then the driver (an employee of this organization who is guilty of the accident) is certainly interested in the outcome of the case, because the size of the organization’s recourse claims against it depends on the extent to which the court satisfies the claim;

b) third parties (mentioned in Article 43) may intervene in the matter:

on the plaintiff's side. This is a rather rare situation (for example, the founder of an LLC, if it has filed a claim against the cashier for compensation of material damage in full, can act on the side of the plaintiff, since the size of his share in the profits of the LLC depends on this);

on the defendant’s side, which is what most often occurs in practice (see example related to a road accident);

on their own initiative. A statement about this must be in writing and made before the adoption of a court decision, for example, a ruling to terminate the case, a court decision (see commentary to Articles 193-199, 220-225 of the Code of Civil Procedure). At the request of a third party to intervene in the case, the court adopts a ruling (it must comply with Articles 224, 225, see commentary to them). If the application is submitted at the stage of preparing the case, then it is considered by the judge alone, as indicated in the ruling on preparing the case for trial (see commentary to Articles 150, 151 of the Code of Civil Procedure);

at the request of one of the parties. This request may be made during both preparation and during the proceedings in the courtroom;

at the initiative of the prosecutor (if he is involved in the case). Having convinced himself that the rights and legitimate interests of a third party require his entry into the case, the prosecutor has the right to petition the court for this (see commentary to Article 45). Systematic analysis of Art. 43, 45, 150 of the Civil Procedure Code shows that the prosecutor can raise the issue of involving a third party in the case even at the stage of preparation for trial;

at the initiative of the court. Although in Art. 43 does not say this directly, but the analysis of Art. 43, 150 of the Code of Civil Procedure shows that the judge resolves this issue alone, as indicated in the ruling on preparing the case for trial. If the court involves a third party during the consideration of the case (or satisfies the requests of the parties or the prosecutor), then the hearing of the case may be postponed on the grounds specified in Art. 169 Code of Civil Procedure. In this case, the trial of the case begins again (see commentary to it).

2. Depending on whose side (plaintiff or defendant) third parties who do not file independent claims entered the case, they:

a) enjoy procedural rights granted by law:

to the plaintiff. Third parties have the right to familiarize themselves with the case materials, make extracts from them, make copies of them, file petitions, etc.;

to the defendant. For example, in this capacity they have the right to ask questions to the plaintiff, witnesses, experts, present their arguments, give oral and written explanations to the judge;

b) bear procedural duties assigned by law to either the plaintiff or the defendant. Nevertheless, these persons cannot be considered either co-plaintiffs or co-defendants (see commentary to Article 40). In particular, they are not directly responsible to the plaintiff, having only an interest in the outcome of the case (for example, due to the fact that a recourse claim may subsequently be brought against them);

c) do not have all the rights of the plaintiff. In particular, third parties may not:

change the grounds of claim (i.e. the circumstances on which the plaintiff bases his claim in the statement of claim);

change the subject of the claim (i.e. the specific claim of the plaintiff, based on the norms of civil, labor, family and other branches of substantive law);

increase or decrease the amount of claims (see the commentary on this to Article 39 of the Code of Civil Procedure). For information on how the price of a claim is determined, see the commentary. to Art. 91 Civil Procedure Code;

abandon the claim. Only the plaintiff can make such a statement (see commentary to Article 173 of the Code of Civil Procedure);

c) a third party, whose request to intervene in the case was rejected by a court ruling, has the right to appeal such a ruling (Articles 331-333 of the Code of Civil Procedure and commentary thereto).

28.10.2019

1. Third parties who do not make independent claims regarding the subject of the dispute may intervene on the side of the plaintiff or defendant before the court of first instance makes a judicial decision in the case, if it may affect their rights or obligations in relation to one of the parties. They may also be involved in the case at the request of the persons participating in the case, or at the initiative of the court. Third parties who do not make independent claims regarding the subject of the dispute enjoy procedural rights and bear the procedural obligations of the party, with the exception of the right to change the basis or subject of the claim, increase or decrease the amount of claims, abandon the claim, admit the claim, as well as to file a counterclaim and the requirement to enforce a court decision.

At the same time, third parties who do not make independent claims regarding the subject of the dispute have the right to act as participants in a settlement agreement in cases where they acquire rights or are assigned an obligation under the terms of this agreement.

A court ruling is issued regarding the entry into the case of third parties who do not make independent claims regarding the subject of the dispute.

2. When a third party enters into the process and does not make independent claims regarding the subject of the dispute, the case is considered in court from the very beginning.

Commentary on Article 43 of the Code of Civil Procedure of the Russian Federation. Third parties who do not make independent claims regarding the subject of the dispute

Article 43 of the Code of Civil Procedure of the Russian Federation defines third parties who do not file independent claims. Third parties are persons involved in a civil case whose rights and interests may be affected by a court decision. To recognize a person as a third party, an appropriate court order must be issued. The rights and procedural obligations of such persons arise only in a civil case initiated by the court, after they have been involved in this case.

The third party does not have independent claims on the subject of the dispute; his interest in the case coincides with the position of the plaintiff or defendant. Therefore, a third party without independent claims is involved in the case on the side of the relevant party.

The plaintiff has no substantive claims against the third party and does not make any claims against him. Thus, by a court ruling in this case it is not possible to impose any obligations on a third party in relation to the persons participating in the case.

A third party participates in the case to protect their own interests. Since the third party is a full-fledged participant in the civil process, the court ruling in the case will have prejudicial significance when considering claims against the third party by any of the parties by way of recourse.

An example of such legal relations is a situation where an employer compensates for harm caused by its employee. A person involved in the case as a third party does not have the right to dispute his guilt or the circumstances of the harm caused when the employer presents recourse claims against him.

The third party has procedural rights and bears the responsibilities listed in, but is deprived of performing administrative actions inherent in a party to the case, listed in.

The basis for participation in a civil case by third parties who do not make independent claims may be another legal interest of the third party. For example, the court invites the person in whose favor alimony is being collected to participate in the case as a third party in the event that new alimony claims are presented to the debtor.

To attract a third party specified in Article 43 of the Code of Civil Procedure of the Russian Federation to participate in the case, it is necessary to submit. However, the court may involve a third party on its own initiative.

The new version of the article provides for the possibility of third parties participating in a settlement agreement. This is possible if they acquire rights or are assigned obligations under the terms of this agreement. In the previous version of the code, the participation of 3 persons in a settlement agreement was not possible.

The case must be prepared for trial and considered no later than the deadlines established by the commented article, including in the case of transferring it for a new trial at first instance in connection with the cancellation of the initial decision. It should be borne in mind that in order to resolve the case of reinstatement at work and the collection of alimony, the law establishes shorter deadlines. 13. Time limits for consideration of civil cases in cases where the case is considered after the applicant has eliminated, within the prescribed period, the shortcomings of the statement of claim, left without progress by the judge’s ruling on the basis of Part 1 of Art. 136 of the Code of Civil Procedure of the Russian Federation, calculated from the date of initial submission of the statement of claim to the court * (506). 14. See also commentary to Art.

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Procedural deadlines established by the Civil Procedure Code of the Russian Federation

It should also be borne in mind that for a gross or systematic violation of the procedural law by a judge, resulting in an unjustified violation of the deadlines for resolving the case and significantly infringing on the rights and legitimate interests of participants in the trial, taking into account the specific circumstances, a disciplinary sanction may be imposed, up to the termination of the powers of the judge (clause 1 Article 12.1 of the Law of the Russian Federation “On the status of judges in the Russian Federation”) * (505). 11. Courts should pay special attention to compliance with the deadline established by the commented article for consideration of cases on the release of property from arrest, since this affects the timely execution of sentences regarding the confiscation of the property of the convicted person, as well as satisfied claims for compensation for damage caused to enterprises, institutions, organizations, cooperatives organizations, their associations and citizens.

Third parties in civil proceedings.

At the same time, it should be taken into account that the law does not provide for the categories of cases to which these provisions apply. 7. When calculating the period for consideration of the case, the period specified in the definition is added to the period provided for by the Code of Civil Procedure of the Russian Federation. Nevertheless, they are legally interested participants in the process.
Their interest is personal in nature and aimed at protecting their own subjective rights and legitimate interests, although the latter are not the subject of this trial. The interest of a third party in the results of the consideration of the case is due to the fact that the third party is connected by a material legal relationship with the plaintiff or defendant, has in relation to them certain rights and obligations, which may be affected by the court decision adopted in the case. The nature of such influence may vary.

Procedural deadlines at various stages of civil proceedings

When a third party enters into the process and does not make independent claims regarding the subject of the dispute, the case is considered in court from the very beginning.

Commentary on Article 43 of the Code of Civil Procedure of the Russian Federation. Third parties who do not file independent claims regarding the subject of the dispute Article 43 of the Code of Civil Procedure of the Russian Federation defines third parties who do not file independent claims.

Important

Third parties who do not make independent claims regarding the subject of the dispute may intervene on the side of the plaintiff or defendant before the court of first instance makes a judicial decision in the case, if it may affect their rights or obligations in relation to one of the parties. They may also be involved in the case at the request of the persons participating in the case, or at the initiative of the court.

Third parties who do not make independent claims regarding the subject of the dispute enjoy procedural rights and bear the procedural obligations of the party, with the exception of the right to change the basis or subject of the claim, increase or decrease the amount of claims, abandon the claim, admit the claim or enter into a settlement agreement, as well as to file a counterclaim and demand enforcement of a court decision.

Grounds for the start of the period under the Civil Code of Civil Procedure for the involvement of third parties

Understanding what the claim, claim or dispute is is important. Since the wording often used is a third party who does not make independent claims on the subject of the dispute. Third parties in civil proceedings. Attention Third parties who do not make independent claims regarding the subject of the dispute may intervene on the side of the plaintiff or defendant before the court of first instance makes a judicial decision in the case, if it may affect their rights or obligations in relation to one of the parties. They may also be involved in the case at the request of the persons participating in the case, or at the initiative of the court.
Third parties are persons involved in a civil case whose rights and interests may be affected by a court decision. To recognize a person as a third party, an appropriate court order must be issued.
The rights and procedural obligations of such persons arise only in a civil case initiated by the court, after they have been involved in this case. The third party does not have independent claims on the subject of the dispute; his interest in the case coincides with the position of the plaintiff or defendant.
Therefore, a third party without independent claims is involved in the case on the side of the relevant party. The plaintiff does not have substantive legal claims against a third party and does not make them against him. The prosecutor is not bound in the process either by his position in bringing the claim, or by the interests of the person whose rights and freedoms are violated.

• When a third party enters into the process and does not make independent claims regarding the subject of the dispute, the case is considered in court from the very beginning.