Subjects of the civil process: a modern approach

Abstract

The article is devoted to the problem of the composition of the subjects of the civil process at the present stage. The basis of the procedural doctrine of the subjects of civil and arbitration process are the works of scientists-proceduralists of the pre-revolutionary and Soviet periods. Most of the scientific studies that substantiate the connection between the subjects of civil procedure and the court as an obligatory participant in civil procedural legal relations belong to them. At the dawn of the procedural doctrine, there were two opposite theories: one reflected the view of civil procedural legal relationship as a private law relationship between the court and the persons involved in the case, the other proceeded from the understanding of civil procedure relations as public law, power relations. Later, an approach took root in science, according to which the civil procedure is a legal relationship, the obligatory participant of which is the court considering the case, by virtue of which this relationship has a public law nature. At present, against the background of the differentiation of procedural forms of protection of violated rights and legitimate interests, a new procedural institution is being introduced into the civil process - judicial reconciliation. The legal status of a judicial conciliator is very complicated and has two sides: on the one hand, he does not participate in the administration of justice, on the other, he acts on behalf of the respective court. On the basis of a theoretical analysis of the institution of judicial reconciliation, a conclusion was made about the public-law status of a judge-conciliator and it was proposed to refer him to the first group of subjects of the civil process - the court. At the same time, the idea of the need to revise the foundations of the system of subjects of the civil process was rejected in connection with the emergence of new “legal figures”: the Commissioner for Human Rights and the Commissioner for the Rights of Consumers of Financial Services. It has been proven that these subjects fully meet all the characteristics of the persons participating in the case, and must occupy an independent procedural position in their system.