GPC is a third party that does not make independent claims. Grounds for the commencement of the term for the Civil Procedure Code, the involvement of third parties. Procedural terms established by the Code of Civil Procedure of the Russian Federation

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

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

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, 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. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

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

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System and Observer

Let us define a system as an object whose existence is not in doubt.

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

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

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

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

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section 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 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 randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, inside the universe looks like a black hole.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from 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.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

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

With regard to persons who make independent claims regarding the subject of the dispute, the judge issues 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 may be filed. When a third person enters the case, declaring independent claims regarding the subject of the dispute, the consideration of the case begins anew. By its nature, a third person 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 claims of a third party in relation to the subject matter of the dispute should not have the same grounds as those of the original plaintiff. The interests of a third party, indicated 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 on refusing to recognize them as third parties making independent claims regarding the subject of the dispute. Third parties who do not declare an independent claim regarding the subject of the dispute cannot be attracted by the court to participate in the case.

Third parties who do not file independent claims regarding the subject of the dispute may intervene on the side of the plaintiff or defendant until the court of first instance adopts a court decision on the case, if it may affect their rights or obligations in relation to one of the parties. Third parties who do not declare independent claims regarding the subject of the dispute may be involved in the case also at the request of the persons participating in the case, or at the initiative of the court. Third parties who do not file independent claims enjoy the procedural rights and bear the procedural obligations of the party by which they were involved. Third parties who do not declare an independent claim regarding the subject of the dispute do not enjoy the right to change the basis or subject of the claim, increase or decrease the amount of claims, refuse the claim, recognize the claim or conclude a settlement agreement, as well as to file a counterclaim and require enforcement of a court order. decisions (Art. 43 Code of Civil Procedure of the Russian Federation). On the entry into the case of third parties who do not declare independent claims regarding the subject of the dispute, a court ruling is issued, the case is considered from the very beginning. The procedural position of a third person who does not file independent claims does not fully coincide with the procedural position of the plaintiff, defendant, accomplices.

Third parties - persons entering into a process that has already arisen between the plaintiff and the defendant in connection with the 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 person enters the process, declaring independent claims on the subject of the dispute, the judge decides only on his admission. In accordance with the principle of optionality, it is impossible to involve a third party in the process without his will.

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

1. Third parties, declaring independent claims regarding the subject of the dispute, are persons who entered into the case before the adoption of the court decision 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. With regard to persons who make independent claims regarding the subject of the dispute, the judge issues 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 may be filed.

A court ruling shall be issued on the entry into the case of third parties declaring independent claims regarding the subject of the dispute.

A third person 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 together with the original claim;

2) the claim of the original plaintiff and the claim of a third party directed at the same object of the dispute are mutually exclusive. 2. Third parties who do not declare 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 on 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 declare independent claims regarding the subject of the dispute enjoy the 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, refuse the claim, recognize the claim or conclude a settlement agreement, as well as to file a counterclaim and demand enforcement of a court decision.

A court ruling shall be issued on the entry into the case of third parties who do not declare independent claims regarding the subject of the dispute.

When third parties enter 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

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 commentary to it) claims. Nevertheless, these persons are more or less interested in the outcome of the case, since the decision may affect their interests as well. So, if a claim is brought 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 an accident) is certainly interested in the outcome of the case, because. the size of the organization's recourse claims to it depends on the amount to which the court satisfies the claim;

b) third parties (mentioned in art. 43) may intervene:

on the plaintiff's side. This is a rather rare situation (for example, the founder of an LLC, if it sued the cashier for compensation for 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 side of the defendant, which is most often encountered in practice (see the example related to an accident);

on their own initiative. A statement about this must be in writing and be made before the adoption of a court decision, for example, a decision to dismiss the case, a court decision (see comments 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 comments to them). If the application is submitted at the stage of preparation of the case, then it is considered by the judge alone, as indicated in the ruling on the preparation of the case for trial (see comments to Articles 150, 151 of the Code of Civil Procedure);

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

at the initiative of the prosecutor (if he participates in the case). Convinced 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 about this (see comments to Article 45). Systematic analysis of Art. 43, 45, 150 of the Code of Civil Procedure shows that the prosecutor may raise the issue of involving a third party to participate in the case even at the stage of its preparation for trial;

at the initiative of the court. Although Art. 43 does not say this directly, yet 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 petitions of the parties, the prosecutor), then the trial may be postponed on the grounds specified in Art. 169 Code of Civil Procedure. In this case, the trial of the case starts from the beginning (see comments to it).

2. Depending on which side (the plaintiff or the defendant) third parties entered into the case, not declaring independent claims, they:

a) enjoy the procedural rights granted by law:

claimant. Third parties have the right to get acquainted with the materials of the case, make extracts from them, make copies of them, file petitions, etc.;

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 obligations imposed by law on either the plaintiff or the defendant. Nevertheless, these persons cannot be considered either co-plaintiffs or co-respondents (see commentary to Article 40). In particular, they do not answer directly 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 made against them);

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

change the grounds for the claim (i.e. the circumstances on which the plaintiff in the statement of claim bases his 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 comments on this to Article 39 of the Code of Civil Procedure). For information on how the price of a claim is determined, see comments. to Art. 91 Code of Civil Procedure;

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

c) a third person, whose petition to intervene in the case was rejected by a court ruling, has the right to appeal against such a ruling (Articles 331-333 of the Code of Civil Procedure and comments to them).

28.10.2019

1. Third parties who do not file independent claims regarding the subject of the dispute may intervene on the side of the plaintiff or defendant before the court of first instance adopts a court decision on 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 declare independent claims regarding the subject of the dispute, enjoy the 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, waiver of the claim, recognition of the claim, as well as to file a counterclaim and the requirement to enforce a court decision.

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

A court ruling shall be issued on the entry into the case of third parties who do not declare independent claims regarding the subject of the dispute.

2. When a third party enters the process, not declaring 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 that do not declare 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 person, 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 are involved in this case.

The third person 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 a third party and does not present them against him. Thus, it is not possible to impose any obligations on a third party in relation to the persons participating in the case by a court ruling in this case.

A third party is involved in the case to protect their own interests. Since the third party is a full-fledged participant in the civil process, the court decision in the case will have pre-judicial significance when considering claims against a third party by any of the parties in the recourse order.

An example of such legal relations is the situation when the employer compensates for the harm caused by his employee. Engaged to participate in the case as a third party is not entitled to challenge his guilt, the circumstances of causing harm in the presentation of recourse claims against him by the employer.

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

The basis for participation in a civil case of third parties who do not declare independent claims may be another legal interest of a third party. For example, the court attracts to participate in the case as a third party the person in whose favor alimony is collected, in the event that new alimony requirements 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 file. However, the court may also involve a third party on its own initiative.

The new version of the article provides for the possibility of participation of third parties in the settlement agreement. This is possible if they acquire rights or are assigned an obligation under the terms of this agreement. In the previous version of the code, the participation of 3 persons in the 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 if it is transferred for a new trial at first instance in connection with the cancellation of the original decision. At the same time, it should be borne in mind that in order to resolve the case on reinstatement and on the recovery of alimony, the law establishes shorter periods. 13. Terms of consideration of civil cases in those cases when the case is considered after the applicant eliminates the shortcomings of the statement of claim, left without movement by the decision of the judge on the basis of Part 1 of Art. 136 Code of Civil Procedure of the Russian Federation, is calculated from the date of the initial submission of the statement of claim to the court * (506). 14. See also the commentary to Art.

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Procedural terms established by the Code of Civil Procedure 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, which entailed an unjustified violation of the deadlines for resolving the case and significantly infringes on the rights and legitimate interests of the participants in the trial, taking into account specific circumstances, a disciplinary sanction may be imposed up to the termination of the powers of the judge. 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 the observance of the period established by the commented article for consideration of cases on the release of property from arrest, since this affects the timeliness of the execution of sentences in terms of confiscation of the property of the convicted person, as well as satisfied claims for compensation for damage caused to enterprises, institutions, organizations, cooperative 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 term for consideration of a case, the period specified in the ruling is added to the term provided for by the Code of Civil Procedure of the Russian Federation. Nevertheless, they are legally interested participants in the process.
Their interest is of a personal nature and is 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 this influence may be different.

Procedural terms at various stages of civil proceedings

When a third party enters the process, not declaring 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 that 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 that do not file independent claims.

Important

Third parties who do not file independent claims regarding the subject of the dispute may intervene on the side of the plaintiff or defendant before the court of first instance adopts a court decision on 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 declare independent claims regarding the subject of the dispute enjoy the 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, refuse the claim, recognize the claim or conclude a settlement agreement, as well as to file a counterclaim and demand enforcement of a court decision.

Grounds for starting the flow of the term under the CPC Engagement of third parties

Understanding what a claim, the subject of a claim or a dispute is, is important. Since the wording used is often used - a third party that does not declare independent claims on the subject of the dispute. Third parties in civil proceedings. Attention Third parties who do not declare independent claims regarding the subject of the dispute may intervene on the side of the plaintiff or defendant before the court of first instance adopts a court decision on 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 person, 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 are involved in this case. The third person 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 a third party and does not bring them against him. The prosecutor is not bound in the process either by his position when filing a claim, or by the interests of the person whose rights and freedoms have been violated.

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