Impact of administrative competence on the civil procedural legal capacity of the authorities

Abstract

The article is devoted to the issue of the influence of the norms of administrative law, in particular those regulating the administrative competence of state authorities and their officials, on the procedural legal capacity of state authorities that participate in the consideration of cases in the civil court procedure in connection with performing their state functions and powers.Using the example of a specific court (civil) case, the author analyzes the possible procedural consequences of depriving a subject of authority of his administrative competence during the consideration of a civil case, their impact on the exercise of his procedural rights by such a subject, in particular, on the possibility of appealing a court decision. The author emphasizes that in the case when a subject of authority takes part in a court case precisely in connection with the performance of the functions and powers entrusted to him by the state, the institution of public legal succession, which is more characteristic of the administrative process, can and should be applied also when consideration of cases which, in the opinion of the Supreme Court, should be considered in the manner of civil proceedings.It is noted that a similar practice of recognizing the admissibility of procedural legal succession precisely based on a public legal succession of subjects of authority has already been formed during the review by the Commercial Court of Cassation as part of the Supreme Court of commercial disputes regarding compensation for damage caused to subjects of private law as a result of improper state regulation of the insurance market, although in this category of cases, there are direct procedural instructions of the law.As a result, the author concludes that Part 1 of Article 55 of the Civil Code of Ukraine allows the procedural legal succession of subjects of authority, who participate in the consideration of civil cases, not only in cases of civil legal succession but also in the case of public legal succession, if the dispute is related to the exercise by the subject of authority of his administrative competence and its change or cancellation takes place.