provisions of the CCP participants civil process have appropriate status.First of all the parties to proceedings include the court itself as an organ of justice.Also concerned, the CPC provided and the third parties in civil proceedings.It should be noted that the latter can be observed the different nature of the interest.In this respect, third parties in civil proceedings can be either declare or not to declare a specific independent claims over the disputed object.And they both have features common to all parties to proceedings.However, third parties in civil proceedings are endowed with specific attributes that are unique to this category.
Common features should be included:
- Belonging to the proceedings along with other parties.This feature forms the legal status of which is occupied by third parties in civil proceedings.In addition, this feature also determines the range of their rights.
- Availability interest in the result.
- important decisions to third parties (according to type).
- mismatch interests with those of the original defendants and plaintiffs.
- Attraction or entry of third parties in the process launched.Statement by the independent claims in this case is carried out by filing a claim (claims).
Third parties are thus the actors involved or join the process started having some interest in its outcome.The latter is due to the fact that the decision may have an impact on their duties and rights.As a third may make legal entities or citizens.
Party independent claims over the disputed subject matter is the subject of the relevant legal material.The entry of a third party in the process is voluntary.In accordance with the principle of optionality is not allowed compulsory involvement of parties to the proceedings.However, the Court, pursuant to the procedure of preparing the case for trial, may recommend certain people to become a third party in the independent claims.This side can claim the subject of the dispute as a whole or on its specific part.
interests of third parties are usually opposed, or one or both sides of the process immediately.At the same time they declare the requirements concerning the same subject-matter in respect of which stated the requirements of other parties.
It should be noted a certain degree of similarity of the third parties who allege specific independent claims, with the plaintiffs.In other words, if the party sued before, it would become the original plaintiff.If the court does not allow participation in the production of a third party, which makes specific independent claims, it is entitled to bring an action, opening, thus, a separate trial.In it, it becomes the plaintiff.
In legal literature, clearly defined differences between the considered side of the co-plaintiffs.
in civil proceedings a party may serve and the prosecutor.He is involved in the case on the basis of the provisions of relevant laws, the federal laws.This definition of "prosecutor" is somewhat generic.This term contains concepts such as "assistants", "Vice" and so on.
Prosecutor in civil proceedings is endowed with certain powers.They secured the relevant legal norms.
In accordance with the procedural provisions of the law, the prosecutor is entitled to apply or start the trial at any stage in the case, when there is a need.
