How third parties without independent demands can help win a dispute

Legal justification for participation in the case

What are the main reasons why third parties appear in civil proceedings?
This is, firstly, the desire to prevent recourse to them in the future. The next fairly common reason is the desire to achieve the outcome of the case in one’s favor. In such cases, as a rule, proceedings have already begun. Gr. S. sues gr. G. demanding the return of the motorcycle. Gr. F., having learned about this, enters into action with his own demands to hand over the vehicle to him. The justification is the ownership of the motorcycle belonging to gr. F.

There are situations when it is necessary to preserve what third parties received in a civil proceeding in another case. If the second wife makes demands for the recovery of alimony from her husband in favor of 2 children, the first wife of the defendant is involved, who is already receiving money from him for the maintenance of three children.

If the claim is satisfied, the amount of payments for children of the first marriage will be less. In this case, the first wife can prove that the demands are fictitious (to maintain the amount of alimony) by presenting evidence that the plaintiff and the defendant live together and are raising children. If the claim is rejected, payments will remain the same.

The basis according to which third parties enter into the proceedings is that all parties to the process are bound by the same legal relations. This production has its own specifics. In all cases where a new participant challenges the rights of the original defendant and plaintiff to the subject matter of the case, the responding party against whom a new claim is brought is represented by two persons.

Thus, the subject composition of the proceedings changes. A third party cannot act as a co-plaintiff because its claims not only differ from the claims of the original plaintiff, but also exclude them. However, it should not be assumed that in all cases the new participant in the proceedings addresses his application to both parties. There are situations when a third party makes claims against only one participant. In this case, the interests of the second party are not affected.

Subpoena as a third party, what does a third party mean?

Third parties are not a party (parties: plaintiff and defendant), i.e. no requirements are imposed on them. They only support one of the parties or make independent demands.

how to behave? In principle, you don’t have to appear at the trial—nothing will change whether you participate in the process or not.

Can the insurance company then ask me for legal costs and payment for repairs or will the insurance pay off this? You are called as a third party, because... The court's decision may affect your interests.

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Dear Lyudmila, Lipetsk!

Federal Law of December 30, 2008 312-FZ) (see.

text in the previous edition) Article 42 of the Code of Civil Procedure defines third parties declaring independent claims regarding the subject of the dispute, and the procedure for their entry into the case: 1. Third parties declaring independent claims regarding the subject of the dispute may intervene in the case before a court decision is made by the court of first instance. They enjoy all the rights and bear all the obligations of the plaintiff.

In relation to persons making independent claims regarding the subject of the dispute, the judge issues a ruling recognizing them as third parties in the case under consideration or refusing to recognize them as third parties, against which a private complaint can be filed. 2.

Hello, based on the questions you asked, we can clarify the following.

Based on the text of your question, it becomes obvious that you are being summoned to court as a third party who does not make independent claims regarding the subject of the dispute.

A court ruling is issued regarding the entry into the case of third parties who do not make independent claims regarding the subject of the dispute. Thus, you are not a direct party to the case, but you have the right to get acquainted with the case, make motions, participate in the consideration of the dispute, give your explanations to the court, etc.

Essentially, third parties are involved in the event that a court decision could potentially somehow affect their rights. By virtue of Art. 167 of the Code of Civil Procedure of the Russian Federation, persons participating in the case are obliged to notify the court of the reasons for failure to appear and provide evidence of the validity of these reasons.

Also, the plaintiff or defendant can independently file a petition with the court on the need to include a third party in the trial.

Argunov V. Participation in civil proceedings of third parties with independent requirements // Sov. Justice, 1983, No. 8.

• Knyshin V., Treushnikov N. Civil process in questions and answers: Textbook - Donetsk: Academy, 1998.
• Civil process.
  Textbook for universities / Ed. Prof. M.K. Treushnikova. — 2nd ed. additional.

  and corr. - M: "Spark", 1998.

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1. Trial
2. Right
3. Judgment
4. Dispute
5. Legal relationship
6. Human rights
7. Investigation (law)

1. Textbook of civil procedure. E.V.

A third party is a person who has entered into litigation and has his own legal interest in it.

This is my first time doing this, so please forgive me if I write something wrong. I signed for the summons, and it says that for failure to appear I will be punished - fines and so on, in addition, I am honestly afraid that responsibility and monetary payments to the plaintiff may be “shifted” onto me, so I ask you to help me clearly formulate my answer . This is my first time doing this, so if you don’t mind, please tell me a link or a sample of such an answer.

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2. Can all the money be pinned on me because of my absence if RESO doesn’t show up/refuses to pay? 3. Is it worth filing a petition to involve RESO instead/for me, although it has already been appointed as a defendant?

I don’t want to mess around with sick leave and other things - I really live in another city. Attach a certified copy of the policy 2.

What does your opinion about the place of consideration of the case have to do with this?

Did someone ask you about this? Look not only at your feet, but also raise your head a little higher. Look not only at your feet, but also raise your head a little higher. I ask you to involve the Investigative Committee for all future demands already presented? o_0 Please involve the Investigative Committee for all future claims already presented?

o_0 you have the right to petition, make challenges, change demands. The fact that you are involved as a third party who does not make independent claims regarding the subject of the dispute means that NO demands are presented to you and cannot be presented within the framework of this process. Since the amount of damage was, according to you, less than 120,000 thousand.

Jurisdiction of a dispute when a third party submits an independent claim

In this note, I would like to express my opinion on the issue of jurisdiction of a dispute when a claim is brought by a third party with independent claims in the framework of a case considered by a court of general jurisdiction, if such a third party is an individual entrepreneur or legal entity. In general, from the question posed, the answer will seem obvious to some that such a dispute is not within the jurisdiction of courts of general jurisdiction, although the obviousness of the answer is not confirmed by an analysis of the application of the rules of the civil procedure code by courts of general jurisdiction.

Having analyzed the practice of courts of general jurisdiction, we can confidently speak about the lack of uniformity in the approach whether or not the proceedings in such a case are subject to termination in terms of claims of a third party with independent demands. Courts of general jurisdiction at the stage of appeal or cassation proceedings generally rarely overturn judicial acts of lower courts when establishing the fact that the dispute does not have jurisdiction. Based on this, I will try to express my point of view on the question posed.

Third parties who make independent claims regarding the subject of the dispute may intervene in the case before the court of first instance makes a judicial decision. They enjoy all the rights and bear all the obligations of the plaintiff (Article 42 of the Code of Civil Procedure of the Russian Federation). Accordingly, a third party with independent claims is not a co-plaintiff, but a person endowed with the rights and obligations of a plaintiff, so the court initiates a civil case at the request of a person who has applied for the protection of his rights, freedoms and legitimate interests (Article 4 of the Code of Civil Procedure of the Russian Federation).

Accordingly, a third party with independent demands files an independent statement of claim, in the statement of claim indicates the independent nature of the violated subjective right, forming its own legal position with independent grounds, pays the state fee, while the legislator does not indicate the mandatory identity of the subject of the claims, which essentially allows the mutually exclusive nature of the claims of the Plaintiff and a third party with independent claims.

In accordance with the Civil Procedure Code, the person participating in the case independently bears the risk of adverse consequences when performing (not performing) procedural actions (clause 2 of Article 12 of the Code of Civil Procedure of the Russian Federation). Thus, when submitting an application to join the case as a third party with independent requirements, individual an entrepreneur or a legal entity, the nature and subject composition of the dispute, by virtue of Articles 27, 28, 29 of the Arbitration Procedure Code of the Russian Federation, provide grounds for classifying these cases under the jurisdiction of arbitration courts.

Arbitration courts adhere to a similar position and terminate proceedings in a case if a third party with independent claims who is an individual enters into the case being considered by the arbitration court (Determination of the Supreme Arbitration Court of the Russian Federation dated 02.13.2014 N VAS-229/14 in case N A68-10061/2012, Resolution FAS of the Central District dated 10/04/2013 in case N A68-10061/2012, Ruling of the Supreme Court of the Russian Federation dated 03/09/2016 N 306-ES15-14024 in case N A57-12139/2011).

In accordance with paragraph 1 of Article 134 of the Code of Civil Procedure of the Russian Federation, the judge refuses to accept the statement of claim if the statement is not subject to consideration and resolution in civil proceedings, since the statement is considered and resolved in a different court order, and if the statement of claim was accepted and the court determines not jurisdiction of the dispute, then the case in accordance with Article 220 of the Code of Civil Procedure of the Russian Federation is subject to termination.

The need for strict compliance with the rule on jurisdiction was demonstrated by the Supreme Court of the Russian Federation when considering a case of debt collection, in which one of the defendants was an individual, so the Supreme Court of the Russian Federation canceled all judicial acts of arbitration courts and terminated the proceedings in the case, indicating a violation of the rules on the jurisdiction of the case ( Ruling of the Supreme Court of the Russian Federation dated July 30, 2015 in case No. 305-ES14-7701, A40-110786/2013).

An error in determining the jurisdiction of a dispute by courts of general jurisdiction of claims where a third party with independent claims is an individual entrepreneur or a legal entity leads to a violation of the general principle of delimitation of the jurisdictional powers of courts of general jurisdiction and arbitration courts, according to which this delimitation must be based on the criterion of the nature of the dispute and its subject composition, applied in the aggregate (“Review of judicial practice of the Supreme Court of the Russian Federation 1 (2014)” (approved by the Presidium of the Supreme Court of the Russian Federation on December 24, 2014).

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Third parties in civil proceedings: concept and types

The classification is carried out according to the degree of interest of the participants. Thus, third parties in civil proceedings can be of the following types:

1. Making their own demands.
2. Not making independent claims.

Third parties in civil proceedings, the concept and types of these participants are quite clearly described in the Civil Procedure Code. The party making the claim is specified in Art. 42. The second category is described in Art. 43.

Let's look at the common features of third parties. Thus, third parties are those persons participating in the case who enter into the initiated civil process and have a certain legal interest in the outcome of the case due to the influence of the court decision on their rights and obligations. The importance of the participation of third parties in civil proceedings is determined by a number of circumstances.

Firstly, this is the path to a correct and reasonable resolution of the case, as it allows you to establish all the circumstances of the case, collect together and examine all available evidence. Secondly, this is a means of procedural economy, since when considering, for example, recourse claims, there is no need to re-establish the facts reflected in the decision on the original claim.

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How to compose

When drawing up an application to attract a third party to participate in the case, the following structural and content features should be adhered to:

• The following information is written in the “header”: full name of the court, details of the plaintiff (last name, first name, patronymic, residential address);
• The title of the document, namely “Application to involve a third party in the case”;
• Next, the applicant indicates against whom (the details of the defendant) he filed the claim, and then states the reason for filing it;
• The main part explains why the applicant decided to involve a third party in the case, what relation he has to the process, whether there is a violation of his legal rights and interests. The details of the third party are also indicated here (last name, first name, patronymic or name of the organization indicating the location address);

• Next, a legislative reference is indicated (Article 43 of the Civil Procedure Code of the Russian Federation), confirming the legality of involving a third party. The legal part of the petition contains a brief summary of Article 43 of the Code of Civil Procedure of the Russian Federation;
• Part of bringing forward a petition. In it, with reference to the legislative framework, the main requirement is put forward, namely, the involvement of a specific citizen as a third party in the civil process;
• Date of application;
• Personal signature of the applicant.

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Sample

Non-claimants

Such third parties include entities who enter into already ongoing proceedings by filing a statement of claim on a general basis. The purpose of participation is to protect one’s own legitimate interest. It consists in the desire to achieve an award of the subject of the dispute or recognition of the right disputed by the original parties.

In Art. 43 of the Code of Civil Procedure provides that third parties have the opportunity to intervene in ongoing proceedings if its outcome may affect their obligations and rights in relation to any party. For example, if an item of clothing goes missing from the wardrobe, the person responsible for the safety of things (wardrobe) is interested in participating in the consideration of the case regarding the claim of the visitor (owner) to the theater.

In this case, a third party enters into the process in order to prevent a recourse claim from being brought against him if the initial requirements are satisfied. That is, the amount (in whole or part) of compensation to the visitor may be deducted from the responsible person. As can be seen from the example, the third party has no independent requirements.

Nature of the relationship

It is specified in several provisions:

1. If a third party addresses independent demands to two original participants, and the plaintiff renounces the claims, the claim brought by the intervening party remains the subject of consideration. The outcome of the case may be a settlement agreement. Its subjects in this case will be, on the one hand, the original plaintiff (who became the defendant) and the defendant, and on the other, a third party. Approval of the agreement in such a situation is considered grounds for the complete termination of the proceedings.
2. If claims are made only against the plaintiff, then the refusal of the second to claim against the defendant entails the completion of the proceedings in this part. In this case, the latter is released from participation in the case. The original plaintiff, in turn, becomes the defendant. A settlement agreement may also be approved as an outcome of the case. In this case, consideration is terminated completely.
3. If a third party has made claims only against the defendant, and the plaintiff withdraws his claims, the proceedings in this part are terminated, but the defendant remains in the process, appearing as such before a new participant. At the same time, the law provides for the plaintiff’s withdrawal from the proceedings

How to draw up an application for the involvement of a third party

A third party may participate in the process on the side of the plaintiff or defendant. And must always have an interest in the consideration of the case. There is a nuance that the applicant should take into account. If a third party has its own claims against the plaintiff or defendant (which form the subject of the claim), it is necessary to submit an application to the court for recognition as a third party with independent claims. In other cases, it is enough to use the above example.

Interest in the consideration of the case is the ability to influence the rights and obligations of such a third party. Therefore, if you simply “have something to comment on,” then this is a motion to call witnesses.

An application to involve a third party can be drawn up and submitted by any participant in the case. Including the applicant himself to join the process in this capacity. The text of the document must explain the need to participate in the case. But at the same time, be neither a co-plaintiff nor a co-defendant. That is, not have obligations to the parties, directly enshrined in law, to resolve the dispute.

The peculiarity of civil cases is that if the court makes a decision and it comes into force (after all appeals - appeal, cassation and supervision), its content cannot be challenged. Therefore, when the defendant, in satisfying the plaintiff’s demands, will have the right to recover money from another person (for example, an employer against his employee; the owner of a source of increased danger against the person who actually caused the harm and other cases), participation in the case as a third party will protect his rights further. A third party has the right to participate in the examination of evidence, give their explanations and submit petitions. He has the rights of a party to the case, except for changing the claim, changing the grounds and subject of the claim, etc. But a third party may be a party to the settlement agreement.

You can submit an application to the court before the court makes a decision in a civil case. It is advisable to immediately send or serve the application and documents to the participants in the case (the plaintiff or defendant must express to the court their position on the involvement of a third party).