Third parties in civil proceedings: concept and legal status

In addition to the main participants in the process - the parties, a third party may participate in civil cases.

Who can act as such a participant in the process? What rights and obligations of persons participating in the case can a third party enjoy?

The basis and reason for the participation of a third party in the case is the interest of such a person in the subject of the dispute. And to the final court decision. Such a person may have certain rights or obligations. Both in relation to the plaintiff and the defendant. The law names 2 groups of third parties - those who declare independent claims and those who do not have independent claims.

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:

1. third parties declaring independence regarding the subject of the dispute (Article 42 of the Code of Civil Procedure of the Russian Federation);
2. 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:

1. are not the initiators of the initiation of a civil case (do not participate in the formation of the initial material disputed legal relationship);
2. 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.).

Prerequisites for participation in the case

What are the main reasons why third parties appear in civil proceedings? This is, firstly, the desire to prevent recourse to them in the future. The next fairly common reason is the desire to achieve the outcome of the case in one’s favor. In such cases, as a rule, proceedings have already begun. The law allows situations when third parties may intervene in the consideration of a case. In civil proceedings, examples of such cases are quite common. Let's give one of them.

Gr. S. sues gr. G. demanding the return of the motorcycle. Gr. F., having learned about this, enters into action with his own demands to hand over the vehicle to him. The justification is the ownership of the motorcycle belonging to gr. F.

There are situations when it is necessary to preserve what third parties received in a civil proceeding in another case. If the second wife makes demands for the recovery of alimony from her husband in favor of 2 children, the first wife of the defendant is involved, who is already receiving money from him for the maintenance of three children. If the claim is satisfied, the amount of payments for children of the first marriage will be less. In this case, the first wife can prove that the demands are fictitious (to maintain the amount of alimony) by presenting evidence that the plaintiff and the defendant live together and are raising children. If the claim is rejected, payments will remain the same.

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

1. provides the opportunity for the most complete study of all circumstances that are significant for the case,
2. contributes to the fastest and most effective resolution and consideration of the dispute,
3. 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,
4. 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 - who are they?

The obligatory parties to the judicial process are the parties, these include: the plaintiff and the defendant. In addition to them, the law names third parties as participants, the prosecutor and government bodies and persons who protect other people’s interests and rights.

The relationship of the parties determines the specifics and essence of the dispute. Third parties are involved by the parties in order to ensure the protection of their own interests.

This category is represented by two groups: one makes its own demands in the trial, the other does not.

Her involvement is often formal. The judge first of all tries to protect himself from the cancellation of a decision in the future due to refusal to involve persons who are interested in it in the process.

Their participation leads to a more complete clarification of all the circumstances of the case and significant savings in court time for consideration of disputes. In addition, the risk of violating the rights of outside citizens and organizations whose interests do not seem to concern the dispute under consideration is reduced.

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:

1. the demands of co-plaintiffs are always addressed to the defendant and are not mutually exclusive;
2. a third party always enters into a process that has already begun;
3. 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);
4. the claim of the specified third party cannot be filed jointly with the original claim;
5. the claims of the plaintiff and the third party, aimed at the same object of dispute, exclude each other;
6. 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.

Rights of third parties

The scope of rights of third parties varies. If this is a person who has independent claims, then he has the same rights as a plaintiff. In addition, he is exempt from complying with the mandatory pre-trial order.

Third parties without independent claims are limited in their procedural capabilities. They cannot change the claims, abandon the claim, change the grounds or subject of the claim, or admit the claim. Even if third parties commit such actions, they will not have legal significance for the court. They do not have the right to demand forced execution of a court decision. However, a third party may be a party to the settlement agreement.

A third party who does not agree with the court decision has the right to file an appeal on a general basis.

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:

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

Objection to a motion to involve a third party

If one of the participants in the process declares the involvement of a third party, other participants, when discussing the said petition, have the right to express their disagreement with it. As objections, participants may indicate that the case under consideration does not in any way affect the rights of the third party who is asked to be involved in the case, the request for involvement is unmotivated, the third party does not have any material and legal interest, etc.

If a participant in the process was notified in advance of the filing of such a petition by another participant, then he can prepare objections in writing. But, as a rule, the relevant petitions are submitted directly at the court hearing, and therefore the other party must express its objections immediately.

Legal justification for participation in the case

The basis according to which third parties enter into the proceedings is that all parties to the process are bound by the same legal relations. This production has its own specifics. In all cases where a new participant challenges the rights of the original defendant and plaintiff to the subject matter of the case, the responding party against whom a new claim is brought is represented by two persons. Thus, the subject composition of the proceedings changes. A third party cannot act as a co-plaintiff because its claims not only differ from the claims of the original plaintiff, but also exclude them. However, it should not be assumed that in all cases the new participant in the proceedings addresses his application to both parties. There are situations when a third party makes claims against only one participant. In this case, the interests of the second party are not affected.

Nature of the relationship

It is specified in several provisions:

1. If a third party addresses independent demands to two original participants, and the plaintiff renounces the claims, the claim brought by the intervening party remains the subject of consideration. The outcome of the case may be a settlement agreement. Its subjects in this case will be, on the one hand, the original plaintiff (who became the defendant) and the defendant, and on the other, a third party. Approval of the agreement in such a situation is considered grounds for the complete termination of the proceedings.
2. If claims are made only against the plaintiff, then the refusal of the second to claim against the defendant entails the completion of the proceedings in this part. In this case, the latter is released from participation in the case. The original plaintiff, in turn, becomes the defendant. A settlement agreement may also be approved as an outcome of the case. In this case, consideration is terminated completely.
3. If a third party has made claims only against the defendant, and the plaintiff withdraws his claims, the proceedings in this part are terminated, but the defendant remains in the process, appearing as such before a new participant. At the same time, the law provides for the plaintiff’s withdrawal from the proceedings

Involvement in proceedings

Third parties may intervene in the case on their own initiative or on the basis of a petition from one of the parties, the court or the prosecutor. Involvement of a new participant is allowed before a decision is made. If a third party enters into the proceedings on his own initiative, he submits a corresponding application. The state duty is not paid. The admission of a third party to the proceedings is formalized by a court ruling.

Interests of the parties

It should be said that third parties in civil proceedings (examples of judicial practice confirm this fact) are always interested in the outcome of the proceedings. Moreover, their desires do not always coincide with the requirements of one of the parties (defendants, as a rule). It should be noted that there is another interest pursued by third parties in civil proceedings. This is the promotion of justice. With the participation of this party, the evidentiary material becomes more voluminous and complete. In addition, third parties in civil proceedings help save time - instead of two cases, one is dealt with.