О ДУХЕ ПРОЦЕССУАЛЬНЫХ ЗАКОНОВ И ПРОЦЕССУАЛЬНЫХ ПРАВОВЫХ ИНТЕРЕСАХ

Abstract

The article is devoted to substantiating the idea that the composition of legal permits regulated by procedural law is not limited to procedural subjective rights, as it may seem from a literal reading of procedural laws. Part of what the legislation calls procedural rights is actually procedural legal interests, since their implementation depends on judicial discretion, and therefore it is impossible to be sure that an attempt to implement them will lead to the desired result for the interested person. On the other hand, if the realization of such interests does take place, the judicial act will give such an interest the force of a subjective right, which indicates the ability of procedural interests to turn into procedural rights. The objects of procedural legal interests are investigated. It is shown that procedural interests can be directed to the process and to a certain result of the court’s consideration of the appeal on the merits. The procedural interest aimed at ensuring that the appeal gets to the court is a necessary stage in the realization of the interest in a certain result of the consideration of the appeal, in connection with which the first of the interests was designated as preliminary, the second as final. The range of possible holders of procedural interests is analyzed. The conclusion is obtained, according to which the court is not among the potential owners of procedural interests due to its position of authority in the process. The differentiation of procedural legal interests according to the procedural role of their owners is carried out. In accordance with this criterion, it is proposed to distinguish procedural interests that coincide, agree and contradict the procedural role. The obtained theoretical conclusion made it possible to make a proposal to expand the number of persons subject to recusal if their personal interests contradict the procedural role performed. The mentioned proposal applies to persons acting in the process of protecting the interests of others and the interests of an indefinite circle of persons.