Petition to involve third parties in civil proceedings

Any participant in the case can submit an application to involve a third party when he believes that such a person will contribute to making an objective and fair decision.

The third party is the subject of civil proceedings. It can be a citizen, an organization, or a government agency. Such a person is vested with the rights and responsibilities of persons participating in the case. And if the court, on its own initiative, does not involve the interested party, then the participant in the case submits an application to involve a third party.

The participation of a third party in the meeting is explained by the presence of interest in the resolution of this dispute. It is the applicant’s task to substantiate such interest. Since the interest of a third party depends on the categories of the civil case and the purposes of the plaintiff’s application to the court, it is impossible to provide a universal justification. Therefore, site visitors can contact the lawyer on duty. And get individual detailed advice.

Application for involvement of a third party

Who can be involved as a third party?

The Code of Civil Procedure of the Russian Federation contains rules according to which third parties can participate in civil proceedings.
The rights and obligations of the citizen involved depend on whether he makes independent demands on the subject of the dispute. There are two main types of persons involved:

persons who declare independent claims on the subject of the dispute (Article 42 of the Code of Civil Procedure of the Russian Federation);
persons who do not make independent claims (Article 43 of the Code of Civil Procedure of the Russian Federation).

In the first case, the requirements are stated in the claim. If citizens do not have claims, they are involved from both the plaintiff and the defendant during the meeting.

Reference! The text of the petition does not indicate whose party the third party represents.

Involving citizens is possible in the following situations:

Material and legal relations with one of the parties. Confirmation will be required that the third party has rights and obligations to the plaintiff or defendant. For example, a dispute arises between the shipper and the consignee. The carrier acts as a third party.
Material and legal interest that is affected by a judicial act. This sign is determined by the court.

Involvement of a third party making independent claims

Third parties who decide to file independent claims and who are not involved in the case may intervene in the case in the court of first instance until the court makes a decision on the merits.

The judge may make a ruling regarding these third parties to recognize them as third parties or refuse to do so.

It is worth noting that third parties with independent claims can enter into the process only on their own initiative, and therefore these persons cannot be involved in the case in the absence of their will.

Third parties with their own demands are plaintiffs who have their own interest in the subject of the dispute and, by stating their demands, actually ask for a decision to be made not in favor of the plaintiff, but in their own (the third party’s) favor.

How to draw up a petition to involve third parties?

In order for a petition to be accepted by the court, it must be drafted correctly. Below is the procedure and example of the document.

Form and content

The document is drawn up in simple written form.

When submitting an application, you must provide the following information:

the name of the judicial authority that will consider the application;
details of the judge conducting the trial;
information about the plaintiff (last name, first name, patronymic, residential address, contacts);
details of the defendant (last name, first name, patronymic, residential address, contact details);
details of the case (if it has already been accepted for proceedings and has a number);
whether the citizen has an interest in the case under consideration;
date of preparation, signature of the applicant.

Sample

The petition is drawn up by analogy with other similar appeals. It is important to comply with all legal requirements. You can prepare the document yourself. To do this, use this example:

Download a sample application for the involvement of a third party

How to submit an application

As already mentioned, a petition to involve a third party in a civil proceeding may be presented to the court at any stage of the legal proceedings up to the adoption of a decision on the case.

After the application is submitted, the court considers the request recorded in it at a meeting with the invitation of the parties participating in it. In that case, the judge shares the applicant’s opinion about the possible impact of the outcome of the case on the rights or obligations of the person involved, the case is considered again.

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This takes into account the time required for a new participant to familiarize himself with the available materials. And he himself is notified accordingly about the time and place of the next meeting.

Since the court, as a rule, is quite attentive to the involvement of a third party, the petition must correctly substantiate the reasons for involving a third party. If the arguments are not convincing enough, the court has the right to refuse the applicant.

However, regardless of the decision, a court ruling must be issued, which can be appealed by filing an appeal.

Grounds for filing an application

The basis for filing a petition is the material and legal relations between the person involved and the parties.
The presence of legal facts due to which legal relations can be terminated or changed is also taken into account. Attention! A common situation is filing a recourse claim against a third party. For example, a citizen files a claim against a seller for defective products. The seller, in turn, involves the manufacturer as a co-defendant by filing a corresponding petition.

Commentary to Art. 51 Arbitration Procedure Code of the Russian Federation

1. Third parties who do not make independent claims regarding the subject of the dispute are understood to be those persons participating in the case who enter the case on the side of the plaintiff or defendant to protect their own interests, since a judicial act in the case may affect their rights and obligations in relation to one of the parties.

Accordingly, the following characteristics of a third party who does not make independent claims regarding the subject of the dispute can be identified:

1) absence of an independent claim on the subject of the dispute.

This distinguishes the subjects in question from third parties who make independent claims regarding the subject of the dispute - see the commentary to Art. 50 APK. The main difference from co-defendants and co-plaintiffs is that third parties who do not make independent claims are not subjects of a controversial material legal relationship;

2) the absence of substantive claims against third parties who do not make independent claims regarding the subject of the dispute, on the part of the plaintiff and third parties who make independent claims regarding the subject of the dispute.

An important consequence of this is the impossibility of imposing any substantive legal obligations on third parties or resolving issues directly related to the subjective rights of third parties (this is unacceptable either on the basis of a court decision or on the basis of a ruling on approval of a settlement agreement);

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See: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 02/01/2000 in case No. 7339/97.

See: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 18, 2001 in case No. 5082/01.

3) the entry of third parties who do not make independent claims regarding the subject of the dispute into a case already initiated by other entities.

Although this feature does not exclude the possibility for the plaintiff to indicate a third party who does not make independent claims regarding the subject of the dispute directly in the statement of claim;

4) participation of a third party who does not make independent claims regarding the subject of the dispute in the case, on the side of the plaintiff or defendant (if a third party is already participating in the case, making independent claims regarding the subject of the dispute, then the option of participating in the case on his side is possible);

5) the existence of a material and legal connection with the person on whose side the third party acts;

6) the purpose of participation is to defend one’s own substantive and legal interests, which can be influenced in a certain way by a judicial act in the case. At the same time, the involvement of third parties also pursues a purely procedural goal - to exclude the issuance of conflicting judicial acts (in the event that a dispute subsequently arises between a third party and one of the parties, the facts established by a court decision that has entered into legal force in a case involving this party and the third party , will have prejudicial significance - Part 2 of Article 69 of the APC).

Examples of involving third parties in the process who do not make independent claims regarding the subject of the dispute include cases directly established by law.

Part 1 art. 462 of the Civil Code establishes that if a third party, on grounds that arose before the execution of the purchase and sale agreement, brings a claim against the buyer for the seizure of goods, the buyer is obliged to involve the seller in participating in the case, and the seller is obliged to enter into this case on the buyer’s side. Please note that used in Part 1 of Art. 462 of the Civil Code (as well as in other norms of substantive legislation), the terminology has nothing in common with the procedural institution in question: mentioned in Part 1 of Art. 462 of the Civil Code, the third party will be the plaintiff, the buyer will be the defendant, and the seller will be a third party who does not make independent claims regarding the subject of the dispute, on the defendant’s side.

Article 762 of the Civil Code stipulates that under a contract for design and survey work, the customer is obliged, unless otherwise provided by the contract, to involve the contractor in the case of a claim brought against the customer by a third party in connection with deficiencies in the technical documentation drawn up or survey work performed.

Quite often, third parties who do not make independent claims regarding the subject of the dispute are involved in the process in cases where substantive legislation directly allows for the submission of recourse claims (see, for example, paragraph 1 of Article 147, Article 379, paragraph 3 of Art. 399, Article 640, paragraphs 1 - 3, Article 1081 of the Civil Code).

In disputes related to the recognition or challenge of rights under transactions or the challenge of transactions themselves that are subject to registration, the relevant registration authority is involved as a third party who does not make independent claims regarding the subject of the dispute. Here, however, it should be borne in mind that if non-normative legal acts, decisions or actions (inaction) of the registration body itself are challenged, then the latter (within the framework of the procedure provided for in Chapter 24 of the APC) acts as the body that adopted the contested act, decision or committed disputed actions (inaction).

In the practice of arbitration courts, a recommendation has been developed according to which an entity that is a debtor in an obligation with the defendant should be involved in the case as a third party in the event of a settlement agreement containing a condition on the assignment by the defendant to the plaintiff of the right (claim) under this obligation.

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Clause 23 of the Recommendations of the NCC at the Federal Antimonopoly Service of the Ural District No. 1/2006 based on the results of the meeting held on December 7 - 08, 2005 in Yekaterinburg.

The Supreme Arbitration Court of the Russian Federation clarified that in the event of a dispute over the value of an object being assessed as part of the consideration of a specific dispute regarding a transaction, an act of a government body, a decision of an official or governing body of a legal entity (including a dispute about declaring a transaction invalid, challenging a non-normative act, recognizing invalid decision of the governing body of a legal entity, etc.) the appraiser who carried out the assessment is involved in the case as a third party who does not make independent claims regarding the subject of the dispute.

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Paragraph 2 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 30, 2005 N 92 “On consideration by arbitration courts of cases challenging the valuation of property made by an independent appraiser.”

The initiators of involving third parties in the process who do not make independent claims regarding the subject of the dispute can be the indicated entities themselves, the plaintiff, the defendant and third parties who make independent claims regarding the subject of the dispute. The arbitration court may involve third parties who do not make independent claims regarding the subject of the dispute to participate in the case on its own initiative.

What is the basis for refusing to satisfy a request to involve these third parties in the case? We believe that the only reason here will be the absence of a material and legal connection between the third party and one of the parties. Thus, in one of the cases considered by way of supervision, the Presidium of the Supreme Arbitration Court of the Russian Federation directly indicated that “the petition submitted by the defendant to involve in participation in the case as third parties who do not make independent claims on the subject of the dispute, on the side of the defendant are individuals - the founders of the arbitration the court rejected it rightfully, since this dispute does not affect their rights and obligations.”

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Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 04/07/1998 N 5764/97.

Chronologically, the possibility of entry into the process for third parties who do not make independent claims regarding the subject of the dispute is limited to the moment of adoption of a judicial act, which ends the consideration of the case in the first instance of the arbitration court (such judicial acts are a court decision, a ruling on leaving the claim without consideration and a ruling on termination proceedings in the case).

2. Part 2 art. 51 of the APC determines the scope of procedural rights of third parties who do not make independent claims regarding the subject of the dispute. In terms of scope, their rights are identical to the rights of the parties, with the exception of the rights associated with administrative actions regarding the basis of the claim or the substantive legal requirements themselves: the right to change the basis or subject of the claim, the right to increase or decrease the amount of claims, the right to complete or partial waiver claim, the right to recognition of the claim, the right to conclude a settlement agreement, the right to file a counterclaim, the right to demand forced execution of a judicial act.

A categorical (without any exceptions) indication that third parties who do not make independent claims regarding the subject of the dispute bear the procedural obligations of the party should be criticized. For example, it is quite obvious that the imperative obligation to send or submit to the arbitration court and the persons participating in the case a response to the statement of claim indicating objections to the claims made for each argument contained in the statement of claim applies only to the defendant (this follows from the systematic interpretation Parts 1 and 2 of Article 131 of the APC). Likewise, the obligation to pay the amount of state duty by a certain date (when using the institutions of deferment, installment plan) rests only with the plaintiff.

Certain difficulties arise in resolving the question of whether a third party who does not make independent claims regarding the subject of the dispute has the right to demand compensation for legal expenses.

The Supreme Arbitration Court of the Russian Federation indicated that “legal costs for the services of a representative incurred by third parties who do not make independent claims regarding the subject of the dispute, in connection with their appeal of judicial acts, can be reimbursed according to the rules of Chapter 9 of the Arbitration Procedure Code of the Russian Federation.” At the same time, the formal logic of reasoning is based on a specific incident in which the issue of reimbursement of legal costs arose in relation to proceedings in the appellate instance.

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Paragraph 14 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 5, 2007 N 121 “Review of judicial practice on issues related to the distribution between the parties of legal costs for the services of lawyers and other persons acting as representatives in arbitration courts.”

A particular conclusion on a specific casuistic problem leaves a number of questions unresolved. Are legal costs subject to reimbursement in cases where appeal (cassation, supervisory) proceedings are initiated on the complaint of other persons, or when proceedings in a higher authority are initiated both on the complaint of a third party and the person on whose side it acts? Do third parties who do not make independent claims regarding the subject of the dispute have the right to demand compensation for legal expenses incurred in the arbitration court of first instance? If so, does it matter on whose initiative the third party was involved? Finally, is it permissible to impose on a third party the obligation to reimburse legal expenses, for example, in cases where the appeal (cassation) complaint of this third party is refused?

We believe that the current legislation does not provide a clear answer to the questions raised. In our opinion, if we are to allow the application of the institution of legal costs to third parties, then it is necessary to formulate in Art. 110 of the APC such rules that would reasonably determine the specific grounds for third parties to have both the right and obligation to reimburse legal expenses.

3. Part 3 art. 51 of the Arbitration Procedure Code establishes the obligation of the arbitration court to make a ruling both when a third party enters (involves) a case, who does not make independent claims regarding the subject of the dispute, and when it refuses to perform these actions. Let us pay attention to the terminological difference in the names of the relevant definitions: based on the results of consideration of the petition of the subject who believes that he should join the case as a third party, a ruling on entry (on refusal to join) is issued, and based on the results of consideration of the petition of the plaintiff or defendant to involve third party - determination of involvement (refusal to attract).

The ruling on the entry (involvement) of a third party into the case cannot be the object of an independent appeal: directly in Art. 51 of the APC does not provide for the possibility of appeal, and at the same time, the issuance of such determinations does not prevent the further progress of the case.

Federal Law dated July 19, 2009 N 205-FZ Art. 51 of the Arbitration Procedural Code was supplemented with Part 3.1, which established the possibility of independently appealing against rulings on the refusal to join the case by a third party who does not make independent claims regarding the subject of the dispute. In this case, the only subject to whom the legislator has vested such a right is the person who filed the corresponding petition.

We believe that the legislator made a fundamentally correct decision. However, it should be noted that according to the literal interpretation of Part 3.1 of Art. 51 of the APC, appealing against rulings refusing to involve a third party in a case is impossible. Moreover, at the moment, the recommendation of the Supreme Arbitration Court of the Russian Federation on the inadmissibility of an appeal against rulings “on the refusal to engage ... a third party who does not make independent claims regarding the subject of the dispute” remains in force. Are there any reasonable arguments in favor of the fact that the party who filed a motion to involve a third party, if it is refused, is deprived of the opportunity to appeal the relevant court ruling? In our opinion, to answer this question, first of all, it is necessary to turn to substantive legislation: how significant is a procedural error, expressed in the failure to involve a third party, for the protection of substantive law?

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Paragraph 6 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 N 36 “On the application of the Arbitration Procedure Code of the Russian Federation when considering cases in the arbitration court of appeal.”

For example, the following situation may arise. The plaintiff brings a claim against the defendant for vindication of the thing. Moreover, the defendant previously bought this item from another person (seller). Within the meaning of Part 1 of Art. 462 of the Civil Code, the defendant in such a situation is obliged to involve the seller in participating in the case, and the seller is obliged to enter into this case on the side of the defendant as a third party who does not make independent claims regarding the subject of the dispute. However, what happens if the arbitration court, having refused to satisfy the petition to involve the seller as a third party who does not make independent claims regarding the subject of the dispute, satisfies the plaintiff’s material requirements? In this case, the consequences provided for in Part 2 of Art. 462 of the Civil Code: “The buyer’s failure to involve the seller in the case releases the seller from liability to the buyer if the seller proves that by taking part in the case, he could have prevented the seizure of the sold goods from the buyer.” As a result, in a situation where the seller, already in the framework of a new case regarding a dispute with the buyer, proves that by taking part in the first case, he could have prevented the seizure of the sold goods from the buyer, all adverse consequences associated with the vindication of the goods fall solely on the buyer. At the same time, this would not have happened if the arbitration court had granted the request to involve the seller as a third party. Therefore, in the case considered, the right to appeal a ruling to involve a third party in the case is directly related to the substantive resolution of the dispute. Restriction of such a right may ultimately lead to a violation of the constitutional right to judicial protection.

We believe that the current version of Part 3.1 of Art. 51 of the APC, to the extent that it excludes appeals against rulings on the refusal to involve a third party in a case, requires legislative adjustment. At the same time, taking into account the possible negative substantive legal consequences for the party that is denied the involvement of a third party, pending the introduction of appropriate changes to this rule, we consider it completely justified to deviate from its literal interpretation.

4. Part 4 art. 51 of the APC determines the legal consequences of a third party’s entry into the case after the start of the trial. In these cases, the case is considered from the very beginning - see the commentary to Part 2 of Art. 153 APC.

At the same time, the arbitration court and the participants in the process, in order to ensure the correct and timely consideration of the case, have the right to raise the question of studying at the stage of trial the circumstances covered by the stage of preparing the case for trial.

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See: question 29 of the Recommendations of the NCC at the Federal Antimonopoly Service of the Volga-Vyatka District based on the results of the Council meeting dated February 27, 2008 “On the practice of applying procedural legislation.”

5. The Supreme Arbitration Court of the Russian Federation indicated that a statement about missing the limitation period made by a third party is not a basis for the court to apply a limitation period.

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See: paragraph 4 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 12, 2001 N 15 and the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 15, 2001 N 18 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period.”

6. If the arbitration court, which accepted the application for its proceedings, is subsequently involved in the case as a third party, such a case is subject to transfer to another arbitration court, determined according to the rules of Part 3.1 of Art. 38 APK.

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Clause 2 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 30, 2009 N 34 “On the application by arbitration courts of Part 3.1 of Article 38 and Clause 4 of Part 2 of Article 39 of the Arbitration Procedure Code of the Russian Federation.”

7. Different approaches have been formulated in judicial practice in relation to the issue of the admissibility of terminating the status of a third party for a particular subject who does not make independent claims regarding the subject of the dispute.

Some arbitration courts have indicated that a third party “is not deprived of the right to petition to exclude him from the number of persons participating in the case if he believes that he was wrongly involved in the case. The court has the right to exclude a third party mistakenly involved in the case from the list of persons participating in the case, if this does not affect the rights or obligations of such a person in relation to the parties to the dispute and does not lead to the adoption of an illegal judicial act.”

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Paragraph 2 of the Recommendations of the NCC at the Federal Antimonopoly Service of the Ural District No. 1/2006 based on the results of the meeting held on December 7 - 08, 2005 in Yekaterinburg.

Other arbitration courts gave exactly the opposite recommendations:

“Can the arbitration court exclude a third party from the number of persons participating in the case if, in the opinion of the court, it is unreasonably indicated in the statement of claim in this procedural capacity?

Recommendations:

Such powers are not granted to the arbitration court by procedural law.”

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Recommendations for the application of the norms and provisions of the Arbitration Procedure Code of the Russian Federation; developed by the NKS at the Federal Antimonopoly Service of the Volga-Vyatka District following the results of an extended meeting of the Council on January 24, 2003 in Nizhny Novgorod // https://www.fasvvo.ru/nks/raso_pn.htm.

“Does the arbitration court have the right to exclude a third party from the list of persons participating in the case if, during the trial, it establishes that the third party, who does not make independent claims regarding the subject of the dispute, was mistakenly brought to participate in the dispute?

Recommendations of the Scientific Advisory Board:

Not entitled. The rules of the Arbitration Procedural Code of the Russian Federation do not provide for a procedure for excluding anyone from the list of persons participating in the case, including third parties...

If, when considering the case on the merits, the judge comes to the conclusion that a third party has no legal interest in the subject of the dispute and he was brought into the case erroneously, the court has the right to make a conclusion about this in the reasoning part of the judicial act, without excluding this third party from the number of persons involved in the case."

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See: question 19 of the Recommendations of the NCC at the Federal Antimonopoly Service of the Volga-Vyatka District based on the results of the Council meeting dated February 27, 2008 “On the practice of applying procedural legislation.”

We believe that when resolving this procedural issue, the following must be taken into account. In relation to the activities of the arbitration court, the legislator uses the imperative method of legal regulation. This means that the arbitration court has the right to perform only those actions (adopt such judicial acts), the possibility of which is directly provided for by the current procedural legislation. Therefore, in the absence of rules in the APC that give the arbitration court the authority to resolve the issue of terminating the status of a specific subject as a third party who does not make independent claims regarding the subject of the dispute, making such determinations cannot be considered acceptable.

At the same time, we believe that the need to vest such powers in the arbitration court is obvious. Firstly, a situation cannot be ruled out when, at the time of involving a third party, the arbitration court could not reliably assume the nature of the disputed legal relationship, and therefore subsequently it became obvious that there was no legal connection between the party and the third party, which could be affected by the decision. Secondly, this connection may be lost as a result of the plaintiff exercising such administrative powers as changing the basis of the claim. Finally, one cannot ignore the established practice of essentially “automatically” attracting as third parties the entities indicated as such in the statement of claim.

8. Separate consideration requires the question of the admissibility of the refusal of the third party himself, who does not make independent claims regarding the subject of the dispute, from his existing procedural status.

In the practice of arbitration courts, such a right is not recognized for a third party.

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We believe that this is a fundamentally correct approach. Formally and legally, the persons participating in the case have only those procedural rights that are directly provided for by the APC. In addition, one cannot fail to take into account that one of the goals of involving third parties is to exclude the issuance of contradictory judicial acts (see commentary to Part 1 of this article). Therefore, the very possibility of unilaterally terminating one’s status as a third party would conflict with this goal.

9. Unfortunately, the practice of the Supreme Arbitration Court of the Russian Federation has developed a recommendation that, when read literally, raises certain objections:

"Question. What should the appellate court do if, when considering an appeal, it becomes necessary to involve a third party in the case?

Answer. Such a need may arise when considering an appeal in the case where a decision is made on the rights and obligations of a person not involved in the case. Having established this circumstance, the appellate court makes a decision to cancel the decision and indicates in it or in a separate ruling to proceed to the consideration of the case according to the rules established for the consideration of the case in the arbitration court of first instance. At the same time, he decides on the issue of involving in the case the person on whose rights and obligations the canceled decision was made (clause 4 of part 4, part 5 of Article 270 of the Code).”

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Paragraph 42 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated August 13, 2004 N 82 “On some issues of application of the Arbitration Procedure Code of the Russian Federation.”

Indeed, the arbitration court of appeal, having established the fact that the arbitration court of the first instance made a decision on the rights and obligations of persons not involved in the case, is obliged to cancel such a decision and consider the case according to the rules established by the Arbitration Procedure Code for consideration of the case in the arbitration court of the first instance ( Part 6.1 of Article 268 of the APC). However, does this mean that such a person should also be understood as a third party who is unreasonably not involved in participation in the case and who does not make independent claims on the subject of the dispute? Of course not. We are talking only about persons whose rights and obligations are directly affected by a judicial act (i.e., about subjects who should have been brought into the case as defendants or co-defendants).

Involving a third party in the case in the arbitration court of first instance, who does not make independent claims on the subject of the dispute, is certainly desirable from the point of view of achieving the goals of such participation. However, if for some reason the arbitration court either refused such involvement or did not consider this issue at all, this cannot be qualified as a significant violation of the procedural law (and even more so as a violation provided for in paragraph 4 of part 4 of article 270 APK). A subject who is not involved in the case as a third party who does not make independent claims regarding the subject of the dispute is by no means deprived of the right to defend his subjective rights and interests protected by law in a new case. And a court decision that has already been made cannot, in principle, directly affect his rights in relation to one of the parties. Even if in the reasoning part of the decision some conclusions were made, for example, about transactions involving this entity, this will not have prejudicial significance when resolving a new case.

Questions from our readers

When can you file an objection to the involvement of third parties in civil proceedings?
The parties may disagree with the request. You can express your disagreement by filing an objection. It describes the grounds for the appeal. The document must prove to the court that the case under consideration does not affect the rights of a third party. It is worth pointing out that there is no material and legal interest. Also, the author of the objection may refer to the fact that the petition is not motivated.

If a participant in the process knows in advance about the existence of an application, he can send a written objection. But often petitions are made directly during the meeting. Then the party must make an oral objection immediately.

Can the court refuse to involve third parties?

The judicial authority reviews submitted appeals and does not always satisfy them. Sometimes a refusal to involve a third party is issued. An appropriate definition is drawn up.

It is also possible to revoke this definition. A complaint must be filed against him. It is sent to a higher authority. The applicant must note the need to cancel the determination and satisfy the petition.

Refusal to engage a third party and appeal of refusal

The court may refuse to invite a third party to participate in the case by issuing an appropriate ruling.

A complaint can be filed against a court ruling to refuse to engage a third party, and a private complaint can be filed against a court ruling of general jurisdiction (more details at the link).

The complaint is filed with a higher court through the court that issued a ruling refusing to satisfy the petition.

PLEASE ATTENTION : the deadlines for appealing rulings, which must be indicated in the contested ruling, if the deadlines are not specified, then according to the Arbitration Procedure Code of the Russian Federation, as a rule, the period for appealing is a month, and according to the Code of Civil Procedure of the Russian Federation - 15 days from the date of the ruling.

If you have any questions regarding the involvement of a third party in the case, you can always seek advice from our lawyers in civil cases, who will explain to you the provisions of the procedural legislation establishing the procedure for involving third parties in the case, and also, if necessary, They will help you draw up the necessary procedural documents and provide other legal assistance.

The difference between a third party and an accomplice

Procedural complicity means the simultaneous occupation of the position of plaintiff or defendant by several persons. This rule applies equally to both defendants and plaintiffs. Signs of procedural complicity:

general rights and obligations (for example, rights to one piece of real estate);
co-defendants are charged on the same basis (for example, two perpetrators of one accident);
homogeneous rights and obligations (several employees ask to recover wages from one employer or the management company files a claim against several residents of the same house).

The difference between accomplices and third parties is that their requirements or claims against them are identical.

Their legal interests coincide completely. If we talk about third parties, their interests with the plaintiffs or defendants coincide partially or are completely absent until the decision is made. This is why the law talks about the possibility of the outcome of the process influencing their rights.

Further. A co-plaintiff cannot be involved without his desire. The court, at most, can notify him. The second defendant is brought in solely with the consent of the plaintiff; the court also does not have the right to force him to take part in the process.