Third parties in civil proceedings: concept and legal status

The concept of third parties in civil proceedings

Usually in a civil process there are two parties with opposing interests - the plaintiff and the defendant, each of which defends its innocence.
However, in a number of cases, the process becomes more complicated, and in addition to the parties, citizens and legal entities interested in resolving a civil case enter into it on their own initiative or are involved. The interests of the persons involved in the process do not always coincide with the interests of the parties, which is why they are called third parties .

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.

Grounds for entry (involvement) of a third party into the case:

the presence of a substantive or procedural interest in the outcome of the case (for example, the interest of a third party in the subject of the dispute or the possibility of filing a claim against a third party, due to the mutual connection of the main disputed legal relationship between one of the parties and the third party).

If third parties participate in the process, the court is faced with several material legal relations that are inextricably linked and interdependent. Consequently, the involvement and participation of third parties in civil proceedings is determined by the complexity of the controversial substantive legal relationship.

Since the nature of the interest in the outcome of the dispute may be different, the law provides for the possibility of participation in civil proceedings by two types of third parties in civil proceedings:

third parties declaring independence regarding the subject of the dispute (Article 42 of the Code of Civil Procedure of the Russian Federation);
third parties who do not declare independent claims regarding the subject of the dispute (Article 43 of the Code of Civil Procedure of the Russian Federation).

Examples
The interests of third parties may be affected by a court decision in a dispute between the parties. For example, citizen A., going on vacation, gave citizen B. a television set for storage. After citizen A. returned from vacation, he demanded the return of the TV, but was refused. Then he filed a statement of claim in court, in which he asked to oblige citizen B. to hand over the TV to him. During the investigation, it was established that citizen A. took the TV from a rental shop. The rental point entered into the process and filed independent claims on the subject of the dispute, since the TV belongs to the rental point by right of ownership. Without the involvement (entry) of the rental office into the process, the decision may be unfair. The third party's interest is directed to the subject of the dispute itself.

Another example. One citizen bought a thing (a fur coat) from another. Then a claim was made against the buyer by a person who was not a party to the purchase and sale agreement for the alienation of the thing, since it left the possession of the person making the claim against his will. The buyer pointed to the seller in order to involve him in the process as a third party who does not make independent claims on the subject of the dispute. If the seller does not prove that he had the right to sell the fur coat, then it will be taken away from the buyer, and the buyer will acquire the right to a recourse claim against the seller for the return of the purchase price. The interest of the third party is aimed at preventing the possibility of a future recourse claim against itself.

Characteristic features of third parties in civil proceedings:

belong to the same group of persons participating in the case as the parties (plaintiff and defendant);
enter into a process that has already begun between the parties;
like the parties, they have both substantive and procedural legal interests in the outcome of the case, and also act in the process on their own behalf and in defense of their interests.

Differences between third parties and other persons participating in civil proceedings:

are not the initiators of the initiation of a civil case (do not participate in the formation of the initial material disputed legal relationship);
have material legal relations only with the person on whose side they act (they do not have a connection with the opposite party).

The possibility of involving third parties in the process of specific categories of civil cases is largely determined by the rules of substantive law. For example, the Civil Code of the Russian Federation provides in certain cases for certain types of contracts the involvement of third parties in participation in the case (see, for example, Part 1 of Article 460, Part 1 of Article 461 and Part 1 of Article 462 of the Civil Code of the Russian Federation ).

A common basis for involving third parties in the process is the right of recourse . The decision that the court makes may be the basis for filing a new claim in a different proceeding.

Example

For example, according to Art. 640 of the Civil Code of the Russian Federation, responsibility for damage caused to third parties by a rented vehicle, its mechanisms, devices, equipment is borne by the lessor in accordance with the rules established by Chapter. 59 of the Civil Code of the Russian Federation. The lessor has the right to make a recourse claim against the lessee for reimbursement of amounts paid to third parties if he proves that the damage arose through the fault of the lessee. According to Art. 1081 of the Civil Code of the Russian Federation, a person who has compensated for damage caused by another person (an employee in the performance of official duties or other labor duties by a person driving a vehicle, etc.) has the right to claim back (recourse) against this person.

Third parties during legal proceedings:

give explanations on the case (Article 174 of the Code of Civil Procedure of the Russian Federation);
can participate in the interrogation of witnesses (Article 177 of the Code of Civil Procedure of the Russian Federation), in the examination of written and material evidence (Articles 181-183 of the Code of Civil Procedure of the Russian Federation), in the interrogation of experts (Article 187 of the Code of Civil Procedure of the Russian Federation);
participate in judicial debates (Article 190 of the Code of Civil Procedure of the Russian Federation), and after a decision is made they have the right to appeal it;
may appeal the court ruling and initiate motions related to the progress of the case (to postpone the case, to suspend the proceedings, etc.).

Legal status of third parties in civil proceedings

The participation of third parties in civil proceedings is one of the cases where the process is complicated by the subject composition. In this regard, third parties should be distinguished from co-plaintiffs or co-defendants, who occupy an independent position in the process, and their claims are not mutually exclusive.

Third parties have material legal relations only with the person on whose side they act. They have no connection with the opposite side.

Participation in the process of third parties

provides the opportunity for the most complete study of all circumstances that are significant for the case,
contributes to the fastest and most effective resolution and consideration of the dispute,
makes it possible to determine the rights and obligations of other participants in the process and protect their interests during the consideration of the case, to make a lawful and informed decision on the case,
eliminates the possibility of making conflicting decisions regarding the same subject of dispute.

The entry of third parties into the process occurs, as a rule, at the stage of preparing the case for trial. At the same time, the law allows for the possibility of third parties entering into the case before the court of first instance makes a judicial decision in the case (Part 1 of Article 42 of the Code of Civil Procedure of the Russian Federation).

Both when a third party enters into the case, declaring independent demands regarding the dispute, and when a third party enters into the process, not declaring independent demands regarding the dispute, the consideration of the case occurs from the very beginning (Part 2 of Article 42 and Part 2 of Article 43 Code of Civil Procedure of the Russian Federation).

In addition to providing judicial protection to an entity that is not a party to the case, the participation of third parties makes it possible to combine all the evidence in one case, helps to save the process, and prevents the court from making conflicting decisions. The influence of a court decision on the rights and obligations of third parties should be understood in the sense that the legal force of a court decision, which establishes certain legal relations, extends to third parties due to its property of prejudice. In the process of recourse claims, facts and legal relations established by a decision made with the participation of third parties cannot be disputed.

The judge makes a ruling to recognize them as third parties in the case under consideration or to refuse to recognize them as third parties. A private complaint may be filed against the ruling.

Third parties making independent claims regarding the subject of the dispute

A person may enter into a process that has arisen between other entities to protect his right. Such a person is called a third party making independent claims on the subject of the dispute .

The legal position of a third party who makes independent claims regarding the subject of the dispute is equalized with the procedural position of the plaintiff (Article 42 of the Code of Civil Procedure of the Russian Federation), it seeks protection and requires that the court recognize the disputed right not for the plaintiff and not for the defendant, but only for him, and seeks a decision in his favor.

The purpose of the participation of third parties making independent claims in the process:

protection of one’s rights regarding the subject of the dispute.

The claims of this third party are equivalent to the claims of the original plaintiff against the defendant, and the procedural position of a third party with independent demands is very similar to the procedural position of a co-plaintiff.

Distinctive features of a third party with independent claims from a co-plaintiff:

the demands of co-plaintiffs are always addressed to the defendant and are not mutually exclusive;
a third party always enters into a process that has already begun;
the third party’s claims are of an independent nature (arise from other or similar grounds, but not the same as those of the plaintiff);
the claim of the specified third party cannot be filed jointly with the original claim;
the claims of the plaintiff and the third party, aimed at the same object of dispute, exclude each other;
the plaintiff and the third party are in a dispute between themselves.

The third party and the plaintiff are supposed subjects of material legal relations that are different in content, although they arose in relation to the same object.
Co-plaintiffs are alleged participants in a single complex multi-subject legal relationship with mandatory complicity, or several, but similar in content, material legal relations with optional complicity. Their demands are not mutually exclusive.

The main thing for the correct determination of the procedural position of a third party who makes independent claims regarding the subject of the dispute is the question of whether he makes independent claims regarding the subject of the dispute. As a rule, the claims of the plaintiff and a third party with independent claims may not completely coincide in their content and scope.

The practice of considering civil cases with the participation of third parties indicates that a claim by a third party making independent claims can, as a rule, be brought against both parties to the original dispute, i.e. both the plaintiff and the defendant. It is important for him to defend his independent right to the subject of the dispute during the consideration of the dispute.

Comment

In the literature, this opinion is supported by the majority of scientists who note that it is controversial to decide which of the original parties (plaintiff or defendant) is sued by a third party making independent claims regarding the subject of the dispute. However, based on the essence of the disputed legal relationship, it should be recognized that “the entry of a third party cannot but entail a dispute not only with the defendant who has the disputed property, but also with the defendant who lays claim to this property.” This rule applies to a greater extent to claims for award, in which a third party may bring a claim against both parties.

A third party who makes independent demands regarding the subject of the dispute on both parties is essentially himself a party to the disputed case and has all the rights and obligations of a party.

The entry into the process of a third party filing independent claims occurs on the basis of a court ruling. Their entry into the process can occur:

on their own initiative,
at the request of the parties

already at the stage of preparing the case for trial.

The law emphasizes that 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 (Article 42 of the Code of Civil Procedure of the Russian Federation) .

If a third party is recognized as making independent claims regarding the subject of the dispute, it acquires the right to file a claim, i.e. must have all the prerequisites for the right to bring a claim. At the same time, the procedure for exercising (realizing) the right to file a claim must be observed.

The judge may

refuse to accept a statement of claim to a third party (Article 134 of the Code of Civil Procedure of the Russian Federation),
return his statement of claim (Article 135 of the Code of Civil Procedure of the Russian Federation) or
leave the statement of claim without movement (Article 136 of the Code of Civil Procedure of the Russian Federation).

At the same time, if a third party making independent demands does not exercise its right to enter into the process with independent demands, the judge cannot involve him in participation in the case. In this case, a third party may demand protection of his violated right by filing an independent claim against the party in the proceeding in whose favor the court decision was made.

Objection or review - how to do it right

The response may contain both a denial of the claims and full or partial agreement with them. That is, calling the method of responding to a claim a response would be correct in any case.

As for objections, purely by virtue of their name, this method of response can only be a denial of the claims in part or in full. The grounds for writing objections may be:

disagreement of a third party with the claims regarding the subject of the claim (material objections);
disagreement of a third party with the claims based on procedural considerations (missing the statute of limitations, filing a claim by an improper plaintiff, failure to comply with the pre-trial procedure for considering a dispute, etc.).

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

A third party who does not make independent claims regarding the subject of the dispute is a person participating in the case on the side of the plaintiff or defendant due to the fact that the decision in the case may affect his rights or obligations in relation to one of the parties (Article 43 of the Code of Civil Procedure of the Russian Federation ).

The basis for a third party to enter into the process without independent demands may also be another legal interest in the outcome of the case specified in the law (see, for example, Articles 462, 399 of the Civil Code of the Russian Federation).

Example

Thus, if, when applying to the court with a request to collect alimony for children, it is established that alimony for children from another marriage is already being collected from the defendant, then the interested parties in whose favor the alimony is being collected must be brought to participate in the case as a third party on the defendant's side.

The most common basis for resolving disputes with the participation of third parties is the possibility of filing a recourse claim against a third party (Articles 461, 462, 1068, 1080 of the Civil Code of the Russian Federation).

Signs of third parties not making independent claims:

absence of an independent claim on the subject of the dispute (they are not presumptive subjects of a controversial material legal relationship);
joining an already started case and participating in it on the side of the plaintiff or defendant;
the existence of a material and legal connection only with the person on whose side the third party acts;
protection by a third party of its own interests, since the decision in the case may affect its rights and obligations;
do not have discretionary procedural rights (see below).

Writing a review

As part of this article, our users can download a standard template for a third party’s response to a statement of claim and familiarize themselves with a sample of how to fill it out. During the filling process, you will need to enter the following information into the template:

name of the court;
Full name, address, status or name, basic details and status of the third party;
Full names and addresses or names and details of other participants in the process;
information about the civil case in which the response is being filed;
information about the claim;
actual review. We remind you that the review may also be in the nature of objections;
list of attachments to the review (optional, if there are documents that a third party wishes to attach as justification for the review;
date of submission of the review and signature.