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.
Third party with independent claims
A striking example of a third party filing independent claims could be a case involving an accident involving 3 vehicles (compensation for damages in an accident). When one of the victims files a claim against the tortfeasor and the insurance company, the second victim can enter into the case with independent claims as a third party.
Third parties must have a legal interest different from the plaintiff. That is, by satisfying the demands of one of them, the court will be forced to deny the plaintiff this part. Therefore, in order to protect the interests and rights of a third party, the law gives such a participant in the process all the rights of a party to the dispute in full.
A third party can address its own claims to both the defendant and the plaintiff. In such cases, he is essentially an additional plaintiff. A third party has the right to change, supplement or withdraw its requirements. To enter into a civil case as a third party with independent claims, an application for recognition as a third party with independent claims is submitted to the court. The entry of a third party into the case is certified by a court ruling.
A third party can enter into civil proceedings with claims at any stage. It should be noted that no one can force a third party to make independent claims.
Third parties in civil proceedings: concept, types, scope of their procedural rights and obligations
Third parties in civil proceedings are participants in civil proceedings (citizens and legal entities) who enter into an already begun process to protect their rights and interests that do not coincide with the rights and interests of the parties to the case.
They may or may not make independent claims regarding the subject of the dispute .
Third parties making independent claims regarding the subject of the dispute may intervene in the case before the court of first instance makes a judicial decision.
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.
Entry into the process of third parties declaring independent claims on the subject of the dispute is carried out by filing a claim against the original plaintiff or defendant or both at once.
Third parties may intervene by filing a claim at any stage of the legal process before the court of first instance makes a judgment. However, from the point of view of saving procedural time, it would be most reasonable to enter at the stage of preparing the case for trial. Since one of the basic principles of domestic civil procedure is the principle of discretion, when a third party enters into the process and declares independent demands on the subject of the dispute, the judge decides only on his admission. Involving a third party to participate in the process without his or her will is impossible. The Code of Civil Procedure of the Russian Federation does not give reasons for refusing recognition as a third party, however, as L.A. points out. Gros: “From the contents of Art. 42 of the Code of Civil Procedure of the Russian Federation, the only conclusion that can be drawn is that the basis is the discrepancy between the subjects of dispute between the plaintiff and the defendant and the third party between the plaintiff and the defendant.”
The admission of these participants in legal proceedings is formalized by a ruling recognizing them as third parties in the case under consideration. The Code of Civil Procedure of the Russian Federation provides for the possibility of appealing a refusal of recognition by a third party.
At its core, a third party who makes independent claims on the subject of the dispute is a plaintiff and therefore has all the rights of a party to the process.
A third party, who does not make independent claims regarding the subject of the dispute , enters into the process on the side of the plaintiff or defendant to protect their interests, if a court decision made in favor of one of the parties may affect the rights or obligations of the third party in relation to this party.
A third party who does not make independent claims regarding the subject of the dispute is outside the scope of the material legal relationship of the parties. However, it has its own legal interest. Third parties who do not make independent claims regarding the subject of the dispute participate on the side of the plaintiff or defendant, helping him to achieve a decision in his favor, but thereby protecting himself from a possible recourse claim, or providing himself with the opportunity to make a claim against the party in the future.
This category of participants in legal proceedings can join the case at their own request, and can also be brought to participate in the case at the request of the persons participating in the case, or on the initiative of the court. At the same time, participation in the case for a third party is purely voluntary.
A court ruling is issued regarding the entry into the case of third parties who do not make independent claims regarding the subject of the dispute.
Since a court decision can significantly affect the interests of these persons, third parties who do not make independent claims on the subject of the dispute are granted almost the full scope of party rights, with the exception of administrative rights.
Third parties who do not make independent claims regarding the subject of the dispute enjoy procedural rights and bear the procedural obligations of the party, with the exception of the right to change the basis or subject of the claim, increase or decrease the amount of claims, abandon the claim, admit the claim or enter into a settlement agreement, as well as to file a counterclaim and demand forced execution of a court decision (Part 1 of Article 43 of the Code of Civil Procedure of the Russian Federation).
Like other persons participating in the case, third parties have the right to familiarize themselves with the case materials, make extracts from them, make copies, file challenges, present evidence and participate in their study, ask questions to other persons participating in the case, witnesses, experts and specialists ; file petitions, including requests for evidence; give explanations to the court orally and in writing; present your arguments on all issues arising during the trial, object to the requests and arguments of other persons participating in the case; appeal court decisions and use other procedural rights provided by the legislation on civil proceedings. Persons participating in the case must conscientiously use all their procedural rights.
When both third parties who declare independent claims on the subject of the dispute, and third parties who do not declare independent claims on the subject of the dispute, enter into the process, the case is considered from the very beginning (Part 2 of Article 42, Part 2 of Article 43 of the Code of Civil Procedure of the Russian Federation ).
Third party not making a claim
One example of such participation in a civil case may be a case of harm caused by an employee while carrying out work activities. The plaintiff (who is harmed) will sue the employer. And if the court makes a positive decision, a claim for recovery may be brought against the employee by way of recourse. Thus, the employee has his own interest. Namely: to protect your rights as much as possible in a lawsuit with a claim against your employer. For example, to prove the absence of guilt.
Third parties of this group in the process support the position of one of the parties, the plaintiff or the defendant. Therefore, they are often called that: a third party on the plaintiff’s side or a third party on the defendant’s side.
An application for the involvement of a third party can be submitted by any participant in the trial and the person himself who wants to be involved in the case in such a capacity. The court may involve a third party on its own initiative.
It appears that a person involved as a third party in the case has the right to file an application for the exclusion of the third party. However, in practice such requests are not always granted.
Do not ignore summons to court as a third party. The consequence of this may be the satisfaction of the claim by way of recourse. After all, the court’s decision on a previously considered case has prejudicial significance for the participants in the case.
General concepts
In court, there is often a clash of different interests of two parties, but if the procedure becomes more complicated, then people are brought in who can provide important information to the court, and are called third parties. They can also act on their own initiative. Why was this name given to them? Because they do not have common interests with the parties.
A 3rd person is a person who protects his own personal interests in a case that was opened thanks to complaints from outsiders. In legal proceedings, there are two types of such participants:
- who speak directly of their own interest in the subject of disagreement;
- who treat the dispute without personal interest and do not benefit from the judge’s decision.
The first type joins the proceedings after they have begun and brings a claim against one party (or two at once). Such persons immediately assume the rights and obligations of the injured party.
But the second type is directly involved in one position and cannot change it.
They are attracted by the court itself, they can act for personal reasons or at the request of any of the parties already in the middle of the process, if their information may influence the final decision.
Important ! Third parties in civil proceedings can be individuals and legal entities.
The 3rd person is a person who protects his own personal interests.
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.
Rights of witnesses
If the witness has his own views and interests regarding the subject of the dispute, then a third party appears in court with rights and responsibilities that are the same as those of the person filing the original complaint. It has the ability to:
- Have access to all materials and study them, photograph documents and make copies of them;
- Present evidence to the investigation;
- Ask possible questions to all participants and those who assist during the investigation;
- Submit petitions;
- Have a dialogue with the court;
- Provide arguments in support;
- Disagree with opposing opinions and participants;
- File an appeal if you disagree with the judge’s verdict;
The rights of third parties in civil proceedings are distinguished by a single, but most significant point - they do not have the opportunity to change the original statement of violation of rights or even withdraw it. When a witness does not put forward his demands on the subject of the dispute, his rights are limited by the rights of ordinary participants in the process.
This is interesting! Who is an improper defendant in civil proceedings: Code of Civil Procedure of the Russian Federation, Art. 41
All actions that relate to the disposal of the subject of the original disagreement are prohibited for third parties to the case . These include:
- Change the reasons for filing a complaint or its subject;
- Change the requirements set out in the complaint and their size;
- Refuse a previously submitted application;
- Admit you are wrong and sign an agreement with the opposite party.
