«Процессуальные истцы» в цивилистическом процессе: проблемы правового положения

Abstract

The article deals with the problem of determining the legal status of persons participating in civil and arbitration proceedings in defense of the rights and interests of other subjects. It is shown that the nature of the legal interest in the case, the grounds and forms of participation of these subjects are different, and it is they that determine their legal status (a set of procedural rights and obligations). The common interest in the case with the plaintiff gives reason to consider citizens and organizations that have initiated civil proceedings in defense of the rights and interests of other persons in the general legal status of a party to the case. The prosecutor, state authorities and local self-government bodies that have initiated a case in defense of the interests of the state are a party to the case. On the contrary, if they initiate a civil case in defense of the rights and interests of citizens, they act in a special status, separate from the status № of a party to the case (since they are guided solely by the rule of law). A prosecutor who enters a case for the purpose of giving an opinion on it is not a person participating in the case.