Refusal to open a lawsuit in a civil process

Abstract

The article examines the refusal to open a lawsuit as a procedural duty of the court in civil proceedings. It is claimed that during the exercise of the right to file a lawsuit, a number of civil procedural duties appear before the court, which it must implement depending on what grounds will be established at the stage of opening the lawsuit. One of these duties is the duty of the court to refuse to open proceedings on the case, if grounds for this are established by the court. The view of the refusal to open proceedings on the case as a possibility of the court is denied, since «possibility» indicates a right, but the procedural right of the plaintiff cannot be opposed by the right of the court, because it does not correspond to the generally accepted idea of the corresponding relationship of rights and obligations. Fulfillment of an obligation is a condition for the realization of a certain right. Having exercised the right to file a lawsuit, the plaintiff presented the court with the need to fulfill a certain civil procedural duty, depending on what grounds he establishes. The reasons for refusing to open a lawsuit are analyzed and their exceptional nature is noted. The explanation of the mentioned grounds is carried out not only using the provisions of the doctrine of civil procedure, but also the modern practice of applying the norms of civil procedural legislation, including the legal positions of the Supreme Court. A classification of grounds for refusal to open a lawsuit is carried out in the context of their comparison with the prerequisites of the right to sue in the procedural sense (the right to file a lawsuit). It is noted that the prerequisites of the right to a lawsuit do not presuppose the emergence of civil procedural relations at the stage of opening a lawsuit. They point to the existence of the right to a lawsuit in statics, where the will of the person to initiate the opening of legal proceedings has not yet manifested itself.