The disposition principle in civil proceedings

Abstract

Shtefan A. The disposition principle in civil proceedings. The disposition (from the Latin «dispono» — to dispose) in the most general sense in the legal context means the ability to act at own discretion, to independently choose the direction of their behavior within the limits established by law. In different branches of law, the disposition has its own specific features but its basis is always that the subject of the relevant legal relationship is endowed with a certain freedom of choice in the exercise of their rights and independently disposes of them.The dispositive nature of civil proceedings has the following elements:1) civil proceedings in the case are based on the fact that its occurrence is possible only by virtue of the application of the person concerned to the court. The only grounds for initiating proceedings in the case is the submission of the application of the interested person in accordance with the requirements established by lawand in accordance with the procedure established by law;2) the court considers civil cases within the requirements stated in the case which include the requirements stated in the main claim, in a counterclaim, and in a third party claim;
 3) consideration of civil cases is carried out solely on the basis of evidence submitted by the parties to the case or required by the court in cases provided by law. The main burden of filling the case with evidence rests with the parties to the case, and the court assists them in obtaining evidence by demanding it only in casesestablished by law;4) the party to the case, as well as the person who has legal capacity and in whose interests the claim is filed, disposes of their rights in relation to the subject matter of the dispute at their own discretion. This rule covers only procedural, not substantive rights, and applies only to rights relating to the subject matter of the dispute. In addition, the possibility of discretion of the party to the case in relation to their procedural rights on the subject matter of the dispute is allowed to the extent provided by procedural law;5) the court engages the relevant body or person that has the right to protect the rights, freedoms, and interests of others if the actions of the legal representative are contrary to the interests of the person he represents. In case of discrepancy between the interests of this person and the actions of his legal representative, the court is authorized to involve a body or person who is legally entitled to protect the rights, freedoms, and interests of others to participate in the case;6) the collecting of evidence in civil cases is not the obligation of the court except in cases established by procedural law. The court should not act in this direction instead of an inactive party to the case; the mandatory authority of the court to collect evidence is due to the direct indication of in which cases and what evidence is collected by the court itself;7) the court has the right to collect evidence relating to the subject matter of the dispute on its own initiative only in cases where it is necessary to protect minors or minors or persons who have been declared incompetent or whose capacity is limited, as well as in other cases provided by procedural law.The disposition as a basis of civil proceedings determines the only possible condition for the process of consideration of the case — the application of the interested person to the court, the limits of consideration of the case — stated by the interested person requirements, the basis of the case — evidence submitted by the parties or demanded by the court. The disposition also means the freedom of the party to dispose of their procedural rights in relation to the subject matter of the dispute, the absence of any obstacles to the implementation of such an order at its discretion. This freedom is not absolute and it has the statutory limits. Such limits are necessary for the effective functioning of the civil procedural form, in particular, the observance of reasonable time limits for civil cases and the prevention of abuse of procedural rights.Key words: disposition, disposition principle, civil proceedings