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Individuals, yakі take the fate of the right. Individuals, if not taken to participate in the right, may have the right to sue, in an appeal order, the decision of the court of the first instance in time, as a result of these decisions, the notice of their rights and bindings was violated \ Consultant Plus Did not get to participate

Judge Khilchuk N.O. Right №33-4504/2015

APPEAL

Board of judges at the civil rights of the Altai Regional Court at the warehouse:

head-headed Eryomin V.A.,

judiciary Novosyolova E.G., Tarasova O.M.,

for Secretary Bogdan L.F.,

I looked at a civil court sitting on the right behind an appellate skarga of an individual, as it was not taken to participate in the right of Dudareva A.I. on the decision of the Rubtsivsky Moscow Court of the Altai Territory on April 24, 2012

for the call of Dudareva Є. G. to the administration of the municipality of Rubtsovsk, Altai Territory, about the recognition of the right of authority to live in a house.

Having heard the additional report of the judge Tarasova O.M., the panel of judges

INST A N O V I L A:

Dudareva E.G. returned to court with a summons to the administration of the municipality of Rubtsovsk, Altai Territory, relying on the provisions of Art. , the Civil Code of the Russian Federation, asked to recognize the right of power to live, to pay for.

In priming, he could indicate that on the basis of a standard contract for the construction of an individual living house on the right of special authority for the introduction of land plots in accordance with DD.MM.RR, a living house was set up, the right to operate buildings was not established by law . The land parcel for the specified address for the living booth of the praised administration of the Altai Territory in DD.MM.YY was fixed for the caller on the right of the permanent line-free koristuvannya.

Vіdpovіdno to tekhnіchіchі vysnovku vіd DD.MM.RR living budinok adjoining for further safe operation. Budіvelnі konstruktsії zhitlі boudinka not become unsafe for the life and health of people in case of continuous repair of the construction of the hut.

To the decisions of the Rubtsivsky Moscow Court of the Altai Territory dated April 24, 2012, the date of the call of Dudareva Є.G. satisfied.

For Dudareva E. G. recognized the right of power to the dwelling house with a living area of ​​​​sq.m., a dwelling area of ​​​​sq.m.

Praise to the Rubtsivsky Moscow Court of the Altai Territory on February 17, 2015 to the fate of Dudareva O.I. renewed lines for filing an appeal skarga on the decision of the court in the form of DD.MM.RR.

In the appeal, a person who was not educated to participate in the right, Dudarev A.I. to ask for a solution to the court, plea for the violation of your procedural rights. The court did not get Yogo to participate in justice, however, virishiv nutrition about Yogo's rights and bindings. Рісення, Соо соо сооповеваться, nveno without ureravoyannya p.27 spілії ' from the defense of the right of power and other speech rights, ”apparently to some kind of recession, which having accepted the recession, may have the right to win the recognition of the right of power to self-sufficient life.

Vkazuє, scho є synom pozivacha Dudarevaї Є.G. that ПІБ1, s DD.MM.RR the fate of yogo father having changed at the registered school with a caller. In 1986, the role of Dudareva E.G. on the right of permanent line-free koristuvannya, a land lot was given, on the lot a living house was established, the right of power to a living house after the end of life was not registered by the fathers, the fathers were registered and lived in the house.

DD.MM.YY PIB1 died. At the time of his death, youmu had 1/2 of a piece of spruce budinku. After the death of the applicant, having actually taken the fall at once from the call, he did not give up before the notary for registration of the fall of rights. Vvazha, scho maє right as a spadkoєmets, as if having accepted the spadshchina, to recognize the right of power for 1/4 of the spirnogo living booth, for the caller - for 3/4 of the part. Violating the law, the court of the first instance incorrectly determined the warehouse of errors, as if taking part from the right, and not getting it to participate in the right for its own initiative. Significant violation of the law can be taken for an hour to look at the rules of the court of first instance.

At the commentary about the appellate scarga, the positive person Dudareva E.G. asked to please the wife Dudareva A.I., pointing out to those who were defiantly spirny living budinok zvodovuvavsya at the period of the ship from PIB1, who died DD.MM.RR. After the death of PIB1, no one went to the notary's office. Pozivach does not deny that її syn Dudarev A.I. having actually accepted a decline after the death of her father, but through her legal incompetence, she filed before the court poses about recognizing her right to power over the entire house. At the given hour of the booths of registrations on the donka PIB2, the favor was appointed to be recounted in court.

At the court session, the court of appeal, the representative of Dudareva A.I.

Other individuals, yakі take part in the right, diligently informing about the time of the review of the appellate skarga, did not appear at the court session of the ship's board, Dudarev A.I. asking to look to the right for yoga visibility.

The Board of the Court, subject to the provisions of Art. , of the Civil Procedure Code of the Russian Federation (also known as the CPC of the Russian Federation), ordered to look at the right for this appearance.

Vyvchivshi materials right, perevіrivshi legality and priming of the accepted solution at the borders of the arguments of the appellate skarga, apparently up to part 1 of Art. The civil procedural code of the Russian Federation, after discussing the hardships, the panel of judges does not know the basis for your satisfaction.

Vіdpovіdno up to part 2 of Art. Civil Procedure Code of the Russian Federation, the right of appeal to challenge the decision of the court of the first instance may be the parties of that other individuals, if they take the fate of the right.

In part 3, the article was assigned that the right to file such individuals, if they were not educated to participate in justice, that claim about the rights and obligations of such persons was violated by the court.

It is necessary to clarify what is to be done in paragraph 4 of paragraph 3 of the Decree of the Plenum of the Supreme Court of the Russian Federation of June 19, 2012 No. 13 “On the establishment by the courts of the norms of civil 3 Articles of the Civil Code of the Russian Federation, individuals who are not taken to participate in justice, have the right to challenge the decisions of the court of first instance at the time of appeal, as given decisions are allowed to exercise their rights and obligations, tobto. they are given rights, they are surrounded by rights, they are endowed with rights and (chi) they are bound by bindings. Under this circumstance, individuals cannot be obov'yazkovo but appointed to the motivational and (or) resolutive parts of the court's decision.

In such a rank, persons who are not caught up to participation in justice, to lay down the right to file an appellate skarga, only for the mind, that the court’s eulogy about their rights and obsessions was denounced.

If so, the judicial act can be exonerated about the rights of that person’s bondage, as it is not taken to participate in the right, it’s less likely that the rights of the individual are established according to the subject matter of the dispute, or the bondage is imposed on the person.

At the court session, the Court of Appeal established that the appeal against the decision of the Rubtsevsky Moscow Court of the Altai Territory on April 24, 2012 was filed in a special way, as it was not taken to the right, and itself - Dudarevim O.I.

However, proving that the decision was taken from the right to rule on the rights or obligations of Dudareva A.I. solution.

At the force of part 2 tbsp. According to the Civil Code of the Russian Federation, at the time of the death of a hulk, the right of power to mine, which was due to you, to pass from the downfalls to other rules, depending on the order, or the law.

Vidpovidno to the provisions of Art. The Civil Code of the Russian Federation is subject to decline by command and by law.

Children, people and fathers of the recession are protected by the laws of the first blacks (clause 1, article of the Civil Code of the Russian Federation).

For pridbannya spadshchina spadkoєmets may yoga accept. Adoption of a part of the recession by a poor citizen means the acceptance of all the dependent yoma of the recession, for whom it would not be allowed and would not be known (Art. Civil Code of the Russian Federation).

Looking back at st. Zivіl Code of Rosіyskoji of the Federation Priynyatty Spaddkinchi Zdіysnuyu is applied for Mishtsov Vіdkritty Spaddshchini notary Aboy Aboy VІDPOVIMY BEFORE TO THE LAW OF VIEWATING SVIDODSTVA PROTEM RIGHT TO DISCOUNT PLANDOTING TRANSFER ABOUT ABOUT ABOUT ABOUT ABOUT SPEDCHESSA PROPOSH'S SPADOVYA.

It is recognized, until it is brought otherwise, that the recession has taken a recession, as if it had been blamed, which is evidence of the actual adoption of the recession.

From the appellation skarga, you can see that Dudarev A.I. It is a synom of PIB1, deceased DD.MM.YY, a kind of friendship with the positive Dudareva E.G. After the death of PIB1, no one came to the notary from the declaration of acceptance of the fall.

Vodnochas proving the actual adoption of the recession (decision to the court on the establishment of the fact of the adoption of the recession) by the applicant before the appeal was not filed. Presented by Dudarevim A.I. to the court of appeal, a certificate about the people and a certificate about the death of the recessionist, as if not to testify about those who accepted the debt after the death of the father ПІБ1

Looking back at the vikladen, the board of judges respects what decisions the court will make, what will be oskarzhuetsya, nutrition about the rights of that binding Dudareva A.I. not allowed. Once established, the fact of the adoption of the recession of guilt is not allowed to be brought before the court in the order of Chapter 42 of the Civil Procedure Code of the Russian Federation.

In connection with the appointment, otherwise, bringing the appellate skarga does not have legal significance when examining a legal dispute and cannot be used as a basis for stating a court decision that is essentially correct.

Bring a positive attitude to Dudareva Y.G. at the discretion of the court's decision, the fact of the adoption of the recession by Dudareva A.I. the procedure established by law has not been established, no evidence has been filed with the court of appeal.

For such circumstances, the ship's board come to the visnovka about the day of work for the satisfaction of the appellate skarga.

Keruyuchis Art.

Annotation: The article analyzes the stages of deprivation of court certificates for cases that are not qualified for participation in justice

Key words: person, as I take the fate of the right, person, as not taken to the right, appeal, cassation

Judicial practice often has lapses, if the judgment of a judge’s act acquires rights and interests, it’s not enough to take part in the right, but it’s not enough to take part in the right. І nachebto zakonodavcho enshrined the right of a person (something like a person, like taking a fate from the right, otherwise, a person, like not taking a part from the right, but її rights, bindings, legitimate interests, freedoms violated by a guilty judicial act) to oskarzhennya of such a judicial act, prote іsnuє th row of clearings in the legislature.

The law establishes that the lines for filing an appeal skarga on a decision to the court - for a month from the day the decision is praised to the court in a residual form, apparently up to part 2 of article 321 of the Civil Procedure Code of the Russian Federation (hereinafter - CPC of the Russian Federation), the term for filing a scam of six months from the day of gaining the legal force of the convicted judicial act (Part 2 of Article 376 of the RF CPC), the term for the filing of visual scargs - for a stretch of three months from the day of gaining the legal force of the rest of the ship's honor from civil justice (Part 3 of Article 2 of Ukraine). І, it would have been possible to do it, with the clouding of these norms, it was reasonable to do everything.

It is necessary to look at the skin stage of the oskarzhennya report.

In the appellate procedure, the decision of the court of first instance (Part 1 of Article 320 of the RF CPC) may be challenged if it has not gained legal force, tobto. for a period of 30 calendar days from the moment of preparing a reasoned decision to the court (Part 1 of Article 321 of the RF CPC). Behind the general rule, the stretching of the procedural term, which is counted by fates, months or days, begins the next day after the date, or the present day, which is designated yoga cob (part 3 of article 107 of the CPC of Ukraine). So, to challenge the decision to the court, the term is the date of preparation of the decision to the court in the residual form. But a person who does not take part in the right, is far from knowing about the guilt of the judicial act, which violates the rights, obligations, legitimate interests and freedom of such an individual, and most often knows about the judicial act far after the end of the 30-day term. For such cases, the legislator transferred the possibility of reinvention of the procedural term (Article 112 of the CPC of Ukraine). However, Article 112 of the CPC RF states that the procedural term can only be used in vinyatkovyh cases, if the court finds important reasons for the pass behind the furnishing, which objectively include the possibility of submitting a casa skargu, її bezpomіchna) camp and іnshe) and і і furnish a small place in the period not later than one day from the day of recruitment of the condemned ship's court was taken into legal force.

The Supreme Court of the Russian Federation (hereinafter referred to as the Supreme Court of the Russian Federation) at the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 19.06.2012 No. 13 “On the establishment by the courts of the norms of civil procedural legislation that regulate the conduct in the court of appellate instance” The term of the state of appearances of Oslintsya, not excavation to the participation of PRI, about the rights of the Obovo Court of the Court of Prshennaya, the courts of Prsho and the Schud Ekrabayvati will try the shed of such Osisbu Issive (Klopotanny) about the row of the row from the row, shave Articles 321, 332 of the CPC of the Russian Federation and counting from the moment, if they were found guilty or guilty, they were found out about the damage to their rights and (or) laying on them obov'yazkiv by a court order that would be punished. But on this day, the situation was not fixed in the CPC of the Russian Federation. I want to Decide the Plenum of the Supreme Court of the Russian Federation to file legal ceremonies and obligations for judges, to accept the correct clouding and single-mandate law on the entire territory of the Russian Federation and to help cancel the court's pardons, to apply for a ban at the CPC of the Russian Federation. For example, part 4 of article 112 of the CPC RF should be added as follows: Calculation of the term on appeal, cassation, clear defamation for osib, whose rights, obligations, legal interests and freedom damaged by a judicial act, are calculated from the moment, if they were recognized or guilty were recognized the violation of their rights and (or) the laying on them obov'yazkіv oskarzhuvannym judicial act.

How can you be an individual, how do you not take part in the right, how did the appellate skarga on the judicial act was filed in a special way, how did you take the fate of the right, and the appeal proceeded already without the participation of an unrecognized individual? What are the rights, obov'yazki, legal interests and freedom of an individual who is not taken to participate in justice, violated only by a judicial act of the appellate instance?

It is absolutely logical that at times, as the court's act passed the appellate instance, such an act can only be challenged at the appeal instance. However, it is necessary to supersede part 2 of Article 376 of the CPC RF, in which it is indicated that court rulings can be challenged by persons, if they take part in the right, those other persons, as if their rights and legitimate interests are violated by court rulings, if other methods of court rulings are violated The CPC of the Russian Federation was established, until the day it gains legal force. In this rank, the person, as if she had not been caught before the court of justice, as she had not been sent to the court of the appellate instance, and did not take part in the consideration of the dispute in the court of the appellate instance, for the case before the court of the appeal instance, from the literal interpretation of paragraph 2 of the RF Statistical Commission the method of challenging a court ruling, established by the CPC of the Russian Federation, until the rank of legal force is gained, tobto. for the cob back to the court of appeal instance. For Vishennia Danani Kolijії Soviet Court of the Russian Federation at the State Plenum of the Supreme Court of the Russian Federation Vіd 11.12.2012 №29 "About Gospauvnaya Courts of Norms of Civilla Procedure Leadership, Shcho Regulatting Provadzhenna to Social to the court of the first instance and to the court of appellate praise, court rulings on the right can be oskarzhenі in the cassation order, not only special, for the scarga (tributes) on the right, it was reviewed by the court of the appellate instance, and if the other persons are not right, they will take it also persons, yakі not zaluchenі to participate in justice in the courts of the first and appellate instances, yakshcho gained legal force or court rulings violated the power of their rights or binding.

Individuals, yakі is not lucked to the participation of Visitna, Yakscho, the judgment of the Visitna Patnia about ї їkhnі Abo Obovo's Rights, it's noted by the Kasatsіynoyy SKARGOGO to the court of Kasatsіinї іnstanzії і in that time, Yakscho Plischo, the court of Persoї іnstanzії not gained legal force. The Supreme Court of the Russian Federation has clearly explained the procedure for a cassation oskarzhennia for persons who have not been excluded from participation in justice. At a glance, I can get clarifications from the CPC of the Russian Federation. At paragraph 1 of Article 376 of the CPC RF, it is necessary to clarify the part of the right to challenge a judicial act in a court of cassation instance by persons who have not been taken to participate in justice, for example: whose rights, obligations, legal interests and freedoms were violated by the judicial act, and in that case, as the judicial act to the court of the first instance was not offended in the appellate procedure and having gained legal force, and also in times, as the rights, obligations, legal The interest and freedom of such rights was destroyed by the judicial act of the appellate instance.

The civil process has one more serious problem with the access of individuals of the analyzed category to the court of cassation, as well as visual instances. Vіdpovіdno to the CPC of Ukraine until the cassation of the evidentiary skarga, but to add the evidence of the court's copy of court rulings on the right (part 5 of article 378 of the CPC of the Russian Federation, part 4 of article 391.3 of the CPC of the Russian Federation). Not being special, as I take the fate of the right, the person, as not lured to the process, that I knew about the destruction of my rights to the decisions of the court after the first gain of legal force, not only can not take a copy of all judicial acts from the right, this is more certified by the court. It is impossible to learn from the text of the judgment issued by the court of first instance.

Copies of the decision (viroku, decision, praised, decreed) to the court on the right are seen (strongly enforced) in vipadkas, passed by procedural legislation. In other cases, transferred by the legislation of the Russian Federation, the procedure for issuing (directly) copies of court acts is determined by the head of the court (clause 12.5 of the Order of the Judicial Department under the Supreme Court of the Russian Federation of April 29, 2003 No. 36 "On approval of instructions from the court jurisdiction"). As having designated the Supreme Court of the Russian Federation, individuals, yakі did not take part in the law, may have the right to otrimannya copies of court rulings, yak gained rank, yakshcho rulings violated their rights and legitimate interests. Later, when sent to court, with a statement about the appearance of copies of such commendations, these individuals are guilty of stating that they have rights or legitimate interests damaged by judicial commendations (Decision of the Supreme Court of the Russian Federation dated 17.04.2014 No. AKPІ14-318 about oskarzhennia to paragraph eight of clause 12.5 of the Instruction from the court proceedings in the district court, approved by the Order of the Judicial Department at the Supreme Court of the Russian Federation dated April 29, 2003 No. 36”). Proponuetsya zakonodavcho zakripit in the CPC of the Russian Federation step forward: For the removal of the court's acts by persons, if they are not qualified to participate in the right, it is necessary to file an application for the witness of the court's act. The application for such an individual has a binding statement on those rights, bindings, legal interests and freedom of such an individual violated by a judicial act. The procedure for the presentation (directly) of judicial acts to persons who have not been trained to participate in justice, is to be declared by the head of the court.

It is possible, for example, to subtract, that in the exercise of one’s right to defend an individual who is not qualified to participate in the right, they are faced with these other problems, as they can be often and clarified by the legislator, the prote їх virishennia did not know the code of acceptance of the act and proponuєtsya by the author of the correction.

bibliographic list

  1. Civil Procedural Code of the Russian Federation dated November 14, 2002 No. 138-FZ (ed. 07/03/2016) // Vіdomosti of the Verkhovnoi RF. -11/18/2002. -No. 46.-st. 4532.
  2. Decree to the Plenum of the Supreme Court of the Russian Federation dated June 19, 2012 No. 13 “On stosuvannya by the courts of the norms of civil procedural law, which regulate the conduct of judges of the appellate instance” // Russian newspaper. -No. 147. -29.06.2012.
  3. Decree of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 29 “On zastosuvannya by the courts of the norms of civil procedural law, which regulate the conduct of judges of the cassation instance "// Russian newspaper. - № 295. - 21.12.2012.
  4. Order of the Judicial Department under the Supreme Court of the Russian Federation of April 29, 2003 No. 36 (as amended on February 18, 2016) “On confirmation of instructions ship business in district court" // Russian newspaper. - № 246. - 05.11.2004.
  5. Resolution of the Supreme Court of the Russian Federation 04/17/2014 No. AKPI14-318 "Pro in happy to say about perechechennya paragraph eight, paragraph 12.5 Instructions h ship's clearance in district court, approved. Order of the Judicial Department under the Supreme Court of the Russian Federation dated April 29, 2003 No. 36 "// Bulletin of the Supreme Court of the Russian Federation. - No. 2. - Lyuty, 2015.

Approved by the Presidency
Federal Arbitration Court
Povolzsky district 21.01.2011 Uzagalnennya
court-arbitration practice for reviewing disputes,
pov'azanih іz izluchennymi to participate in the right third osіb, yakі do not declare independent could not be the subject of the dispute

According to the plan of the work of the Federal Arbitration Court of the Volga District on the other half of 2010, it was taken into account and analyzed the court practice for pidbags in 2010, about the injection of results to the participation of the right third parties, as they do not declare independent could be the subject of the dispute.

Statistical data of the Federal Arbitration Court of the Volga District to certify about those that, from the total number of cases examined in 2010, 16% of the cases were reviewed from the third-party grounds, since they do not claim independent rights to the subject of the dispute, the grounds of the earth.

VІDPOVIKUD TO STATTІ 51 ARBDTRAGE PROCEDURE CODE OF ROSІYSKO RESODION (DAY - APK RF) TRETІ OSHOBY, YAKI NOT SAFE SELFMY VIMOGS SHOP ISPORT APPEARE APPROVE TO ENTER POSIVA AT POSSIVACH ABOUT VІDPOVіDACE yakscho tsey judicial act can be vplinuti on їхні rights or obov'yazki on vіdnoshenu to odnієї zі sіrіn.

The Institute of Third Rights allows, in a single judicial review, to defend the rights and legitimate interests of participants in different, but at the same time they show themselves to be legal. The main peculiarity of participation in the process of third parties is the fact that the stench helps to positively or inspire the defenders of their interests, to take care of their defenders in the future. In addition, the law provides for the possibility of participation in the arbitration process of third parties as an additional guarantee for the defense of the rights and legitimate interests of participants in the economic turnover.

By the participation of third parties, without independence, they could be the subject of a dispute, being afraid of unfriendly inferences for them in the future, and their interest in the right may be procedural, as well as material and legal in nature. The procedural interest of the pragmatic third parties for the help of those other parties to the right to obtain a positive decision (another act) on the melancholy of the other side. At the same time, about those studies in the process and the individual's guilty mother, there is a clear expression of the material interest in the future. If you decide to sue in third parties, if you do not declare independent help, you can vindicate, change, or apply the material law from one side.

The main rules that are required to enter into the process of participation in the new third osib, as they do not declare independent disputes, are enshrined in Article 51 of the APC of the Russian Federation.

In the first place, the initiative to join the process of third parties without independence could lie on their own: they file an application before the arbitration court for entry to the right. In your statement, you are to blame for explaining that you can tell about those that the possible judicial act can be implicated in your rights or obligations on one of the sides of the already pink process. In fact, the applicant may be assigned such circumstances, which, being established by the court in this process, could play the role of prejudicially established facts (Article 69 of the Arbitration Procedure Code of the Russian Federation) such a third person can act as a witness.

In another way, as an initiative of how such subjects can be caught by the parties, the stench is filed by the murmurings about the right of specific subjects as third parties, motivating us that a future judicial act can interfere with the rights of binding such a subject 100% of the side, as stated by the clamor, but 100% of the other side.

Thirdly, as an initiative to obtain information from the processes of third parties, if they do not declare independent powers, the court of arbitration should give praise to the process of obtaining specific subjects. Such praise can be motivated and in the guilty but the conditions are appointed, which confirm that the possible judicial act of the arbitration court can be attached to the rights and obligations of the third osіb on the basis of one of the parties on the right. Tse provisions іlustruє vіdminnіst vіdminnіst іn the procedural stаnіshі іtіh osіb without samostіynyh vymоg іn the status of ієієєі із іѕ independent vimogami. By virtue of the principle of dispositions of the dispositional vimogues, it is possible to enter into the process of love for your IFITIATIVA, Oskіlki Lishe Vіd Sid'KTIV PІDPRIєMNIKOCI (ISNSHO EKONIOCHO) DYYALNOSTІ SOULD VIEVENNYY PATHENNA NECESSIONNOSTІ SKHISTY їІNTERSIV.

Fourthly, the entry of third parties, if they do not declare independent powers, the process is formalized by the praise of the arbitration court. When it comes to court, declare a third person, or the fussing of the parties, the court, having disproved її, virishuє pit about the entry of a third person, as not declaring independent could be the subject of the dispute, but about the third person’s participation in the right or about the statin 5 APK RF).

On the other hand, today's arbitration procedural legislation recognizes third cases, as they do not claim independent powers, full-fledged subjects of bringing. The stench is corrosive with the same rights and bindings, that the parties are in the process, for the right to change the right to change the subject, or I will call the subject, the increase or the change in the size of the calls, I will call, I will call the recognition, or vimoga primus vikonannya of the court act (part 2 of article 51 of the APC of the Russian Federation).

Accordingly, when a third individual enters the process after the first court review, the review of the judge in the first instance begins anew: there may be an earlier meeting, after which a meeting is scheduled at the right. It is necessary for all individuals who take part in the right to be able to prepare their own arrangements for the right situation in order to improve the presence of the process of additional participants (part 4 of article 51 of the APC of the Russian Federation).

1. When looking at the superechok about the recognition of the right to self-sufficiency, they should get to participate in the right as a third person, as they do not declare independent rights to dispute, the Federal Registry Service Administration.

An analysis of the court practice on the recognition of the right to self-determination, showing that judges get to participate in the right of the registry authority as a third person, as they do not declare independent rights to the subject of dispute

Evhoyechi The subject of the cognitive Vimoga, and Torozhe, Shao with Zadorollennі Vimoga on Pіdstansі Rіshnnya Cude pіdlagutin, the rights to Ok'єk Nerhukhomostі, gallowed by the Rei -struyuchny authority to the polling .

Nezalezhno vіd vіd vіd vyrіshennya pіdіshennya pro zaluchnіnі іn prіkіvі іn prіvіy yak tіn persona registry organ, є nebhіdnіnіnі іnіdіmіnіnі vіdomosti about nayavnіstі regіstrovanіh rights tіknіzhenіy yak іn іn іnіdіnі іdіlyanku, іn і on ob'єkti neruhomostі, roztashovanі nі danіy іdіy dіlyantsі.

Oskіlki viznannya right vlasnostі on samovіlne budіvnitstvo vihodyachi of norms stattі 222 Tsivіlnogo Code Rosіyskoї Federatsії (Dali - DK RF) delivered in zalezhnіst od vіdsutnostі torn down rights that ohoronyuvanih law іnteresіv іnshih osіb, nayavnіst vіdomostey about zareєstrovanі rights that obtyazhennya on the land dіlyanku i on roztashovanі on to a new object of indestructibility to secure the possibility of defending the rights and interests of other rights, as, when such are installed, they are sent to participate in justice.

2. Third individuals, yakі not declaring independent vimog schodo the subject of the dispute, may have the right to claim compensation for the court vitrates incurred by them, no longer in connection with the oskarzhennym them of the court act. If so, the judicial act for scarga can be accepted for retaliation, obviously positive, or in return, on the side of some third, the person entered on the right.

Vidpovidno up to part 1 article 110 of the Arbitration Procedure Code of the Russian Federation court cases, incurred by individuals, as if they take part in the right, at the cost of such a judicial act was adopted, are arbitrated by the arbitration court from the side.

Third individuals, as they do not claim to be independent in any way the subject of the dispute, to the third persons, as they claim so, they cannot be seen as individuals, for the merit of such a judicial act is accepted. Against the stench, there may be congestion at the right, the fragments of the adoption of the judicial act can be inserted into their rights, or the bindings, however, on one of the sides of the opposing legal acts.

Vіdpovіdno up to part 2 of article 51 of the Arbitration Procedure Code of the Russian Federation, such third individuals are entitled to procedural rights and bear procedural obligations of the party, the crime is low rights. Among the rights, which cannot be exercised by third persons, if they do not declare independence, the right to blow the court's vitrates is not assigned. In the case of an oskarzhenny judicial act, a third person was named, taking an active part in the process, protecting her rights, violated by the oskarzhuvannym judicial act. From the systemic clouding of part 1 of article 41, part 2 of article 51, part 3 of article 271 of the Arbitration Procedure Code of the Russian Federation, it is obvious that the courts have charged for the payment of the services of a representative, incurred by third persons, if they do not declare independent could be the subject of the dispute, in connection with the court assets can be vindicated according to the rules of Chapter 9 of the Arbitration Procedure Code of the Russian Federation. In addition, the provisions of the paragraph 14 of the information sheet of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 05, 2007 No. representatives of arbitration courts”.

The Arbitration Court, when considering, could about the blowing of court vitrates, relying on part 1 of Article 110 of the Arbitration Procedure Code of the Russian Federation, considering that third individuals, as they do not declare independent, could be the subject of the dispute, they can be seen as individuals, for the mercilessness of such individuals, a judicial act is accepted, less different presentations of that satisfaction, more or less often їx tangential skarga.

In this rank, the third person, as she does not declare any independence that the subject of the dispute can, we can claim compensation for the court’s vitrates less at a loss, as if the court’s charges were incurred at the expense of the court’s act of swindle for the mind, that the court’s act was later vіdpovіdacha, aside from these, the third person entered at the right.

Tsej vysnovok vіdpovidaє pіdpovidaє pіdpoіdє pіdіvії Prezіdії vyshchogo arbitrіzhskogo kudu Rosіyskoїї Federatsії, vykladenoї іn the decision vіd 22.06.2010 N 11839/09 іn rіvаі № А27-2981/2008-5. As if the third person, as she does not declare independent powers, did not slander the acts taken from the right of the court, she could not be recognized as special, as she has the right to blow the court's vitrats, incurred by her at the link with the participation in the examination of the right. Zatsіkavlenіst the third person, does not declare independent vimog, at the result, consult the substantiation of the blowing of the court's vitrates.

3. Considering the violations of the substantiation of calls, declaring other faults related to the violations of antimonopoly legislation, the arbitration court is obliged to convict the antimonopoly authority for ensuring the possibility of participation in the right of a third person, as not declaring independence.

The organization went to the arbitration court due to a statement about the recognition of unrealistic minds of the competition for the right to lay down a municipal contract, oscillating a number of criteria, established for the participants in the competition, on the idea of ​​the organization, between competition. If so, the arbitration court of the first instance did not inform the antimonopoly authority about the review of the court.

By virtue of part 1 of Article 51 of the Arbitration Procedure Code of the Russian Federation, third individuals, since they do not declare independent and able to choose the subject of the dispute, can enter from the right on the side of the dispute, or by submission before the adoption of the judicial act, which ends the review of the case at the first instance of the arbitration court, as an act of the court on їх rights chi obov'yazki stovno odnієї zі storіn. The stench can be lured to participate in the right, as well as for the fussing of the parties or for initiating the court.

VІDPOVYY TO PRECEMENT 21 Decision of the Plenum of the Visiting Arb_droty Court of Rosіyskoi Federal District 30.06.2008 No. 30 "Pro acts of Patimna, Shaho Viknutyuyu in Zv'Inkova IZ groaving the arb_nity courts of antimonopoly legislative" Crimm Rights of the Incenna to the Arbitration Court of Rights, Issues, Issues (Article 1, 23 of the Federal Law No. 135-FZ of 26.07.2006 “On the Protection of Competition”), the antimonopoly body, by virtue of paragraph 7 of part 1 of Article 23 of the law, may take part in the consideration by the courts of rights that are due to zastosuvannyam that (or) violations of antimonopoly legislation, violations of the substantiation of calls, declaring other errors. To that, judging rightly, broken on the basis of calls, declaring other deficiencies, the arbitration court is guilty of complicating the antimonopoly body to ensure the possibility of his participation.

Otzhe, not attracted by the court of the first instance to participation in the right of the antimonopoly body, supervise the names of the rules of procedural law.

4. In the case of an interested individual before the arbitration court, with a statement about the recognition of the trades as invalid, the winner of the trades is guilty of taking part in the right as a witness, and not a third person, as he does not declare independent could be the subject of the dispute.

The provisions of article 447 and paragraph 1 of article 449 of the DC of the Russian Federation are clear that the bidding is in the way of laying down the contract and subsequently recognized as invalid and invalid to the contract. In fact, the recognition of the invalid trade is actually directly related to the recognition of the invalid contract, and it can be seen as a help about the invalidity of the please, laid down for the results of the auction. Obviously, these are actually addressed to the parties please, so that the trades can be won.

On the right side of the list of favors, the sides of such favors come forward. In the situation of one of the parties to the contract laid down at the discretion of the auction, є remozhets tsikh bidding (paragraph 1 of Article 447 of the DC RF), which and may be obtained as a voucher.

It should be noted that the arbitral tribunal, zaluchauchy bidding as a conclusion, often points to those who, by virtue of part 2 of Article 51 of the APC of the Russian Federation, are third individuals, if they do not declare independent powers of the subject of the dispute, there may be a smaller obligation of the procedural rights of the arbitrator. І Tomi Pattern Torgіv's PERSI YAK PERSONS, and not Vіdpovіdach Pozbavdanє € ї ї и ї їdpovіdachy by the singing processing methods Zahista, zokrema of the right to zmіnu pіdstavi Abo subject Pozovna, Zb_lshennya Abo Zameneshnya Romіr Pogovnoy Vimoga, Vіdmova Vіd Pozov, Vimoga Pozovi Chi Shield the presentation of a zustrіchny call, the help of a primus vikonnannya of a judicial act. As a result, the opportunity to trade as a party to the right of the obov'yazkovym, osklki vin, usampered, є a participant in the contract, as well as the third person is exchanged with procedural rights, and the right to present the right to present a call, declare about the lines of the call of limitation, just. This visnovok confirms the position of the Presidium of the Supreme Arbitration Court of the Russian Federation, presented at the decision of 15.07.2010 No. 2814/10 at the reference No. A56-7912/2008.

In addition, at point 44 of the resolution to the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22 other speech rights ”it is said that super girls about the exclusion of trades are looking at the rules established for the exclusion of undisputed interests. These roses and clarifications confirm the whiskers about those who won the auction is guilty of acting as a witness to the right. It doesn’t matter that the appointment of roses and clarification of the list of auctions held in accordance with the procedure established for the vikonnannya of ship assets, the shards of judges only indicated the order of the order that pidkhid to look at the category of rights that are related to the list of auctions.

5. Arb_ThRUGE Procedure Legislation Reduced by a reference to the f ... ref.

In practice, there are situations, if it is necessary to blame the ill-treated hulk, who is not an individual partner, like a third person, as he does not declare independence and could be a subject of dispute.

An individual applicant has gone to the arbitration court with a call about the universe, calling to unliving places. Calling the application is motivated by the fact that the applicant has the right to order an appointment, which should be subject to the right of authority. Vіdpovіdach having asked to pripiniti provadzhennya from the right through non-dispute dispute to the arbitration court, the oskolki vіdpovіdach not maє the status of individual admission and not zdіysnyuє pіdpriєmnitsku diyalnіst.

Vіdpovіdno to stattі 27 APC RF arbіtrazhnі judge dozvolyayut ekonomіchnі superechki that rozglyadayut right behind participation organіzatsіy, SSMSC Je Yurydychna special, gromadyan, SSMSC zdіysnyuyut pіdpriєmnitsku dіyalnіst that toil status іndivіdualnogo pіdpriєmtsya, while vipadkah, peredbachenih CIM Code that іnshimi federal law, for participating utvoren , do not care about the status of a legal entity and the bulk, like do not care about the status of an entrepreneur.

Clause 13 of Decision Plenum of the Supreme Court of Rosіyskoji of the Federal Culture of the Visiting Arb_drotnaya Court of Rosіyskoi Federal Divine 07/01/1996 No. 6/8 "Pro actsі Pathenna, Pov'jazanі із поспувный поспись присої совисный одсилься code yak іndivіdualnogo pіdpriєmtsya, zokrema in zv'yazku іz zakіnchennyam termіnu dії svіdotstva pro Reigning reєstratsіyu, anulyuvannyam State reєstratsії toscho, to the right for participation vkazanih gromadyan, in addition chislі pov'yazanі of zdіysnyuvanoyu them ranіshe pіdpriєmnitskoyu dіyalnіstyu, pіdvіdomchі courts zagalnoї yurisdiktsії for vinyatkom vipadkіv if you manage to do so, they will be accepted before the court of arbitration with the rules on the provision of legal conditions until the present day.

Given the provisions to certify about the possibility of looking into the matter, as a matter of fact, as at the time of filing before the arbitration court, the person’s status of individual admission is small and she has spent a lot of money.

For vikladenih vische obstavin, vrahovuyuchi scho vіdpovіdachem in spravі Got vistupati fіzichna person, yak not Got status іndivіdualnogo pіdpriєmtsya court kasatsіynoї іnstantsії pіdtverdiv visnovki sudіv pershoї that apelyatsіynoї іnstantsіy about pripinennya provadzhennya in spravі in zv'yazku of nepіdvіdomchіstyu dispute arbіtrazhnomu fіzichna court lady as not registered as an individual business.

6. The prosecutor has a special status in the process, speaks out against defending public interests, so he cannot take part in the right as a third person, as he declares or does not declare independent, he could be the subject of a dispute.

In judicial practice, there are lapses, if the prosecutors, napolyagayuchi on zaluchennі їх at the process, which has already begun, or else they can’t object to their procedural status, or they declare fussing about their zaluchennі їх at the right, like third faults, yakі could not declare arguable in themselves. In the circumscription of the rest, the prosecutors point out to those who, according to article 40 of the APC of the Russian Federation, the prosecutor is a special one, because he takes part in the right, then, he can be also received and for participation in the process as a third person. At the same time, article 40 of the APC of the Russian Federation is established, that the prosecutor is a special one, as I take a part in the right, in the cases, in front of the Code.

The right of the prosecutor to intervene in the process is transferred to article 52 of the APC of the Russian Federation, the prote in the arbitration process the prosecutor has a special status, he acts on the defense of public interests, because he cannot take part in the right of a third person, as he declares or does not declare in disputed self .

It is also important that, up to part 1 of Article 51 of the Arbitration Procedure Code of the Russian Federation, third individuals, if they do not declare independent can be the subject of the dispute, can enter on the right, as a judicial act, which will end the review on the merits, you can get involved in the enforcement of rights along one side. In this way, for participation in the right of the third person, the subject is guilty of the mother’s material influencing the result of the right, like the prosecutor’s day.

7. Chinne arbitration procedural law does not transfer the possibility of oskarzhennia lauded about the entry of third parties, as they do not declare independent powers, in the arbitration process (a comprehensive analysis of articles 50, 51 and 188 of the Arbitration Procedure Code of the Russian Federation).

Pozivach - camaraderie with an obmezhenoy vіdpovіdalnіstyu came to the arbitration court with a call about the contraction of koshіv. Prote vіdpovіdach vkazuvav, scho poses declared by the wrong side, oskolki pozivach arrived before another partnership and all rights passed to the offender. Praised by the court, the partnership with the circumscribed vidpovіdalnіstyu was awarded to participate in the right as a third person, as they do not declare independent vimog to dispute.

Not having waited long enough for praise, the comradeship with an obmezhenoyu vіdpovіdalnіstyu turned into a cassation skarga, in a yakіy asked him to speak at the link with the norms of substantive and procedural law violated by the court. The Court of Cassation, having ruled in satisfaction with the scarga, citing those who are part of Article 3 51 of the Arbitration Procedure Code of the Russian Federation, do not avenge the situation about those who were praised for the entrance to the right of the third individual, as they do not declare independent could be the subject of the dispute, but about the loss of the third individual in the right, but about Vіdmova in whom you can be offended.

CRIM, SLID TREATORY, SCHO Zgіdny, paragraph 6 of Decisions of the Plenum of the Vizhny Arb_drotnyy Court of Rosіyskoi Federal District 05/28/2009 No. 36 "Pro Gospauvnya of the Arbitrate Procedure Code of Rosіyskoji Federation at Rizadii Cee in the Arbitration Court of Apolasses Intanzії" Schodo Palazal about Prixitty to Provennae praised about the acceptance of the statement about the recognition of the bankrupt as a bankrupt), about the renewal of the missed procedural line, about the omission of the call statement (declare) without a crash, about the confession, inquire before the court review, about the slander, interrupt in the court session, about the return of the court review, about the replacement or about the vodmova in Zaynі Nannyoznaya Vіdpovіdach, about lumping to the polling station of the village of Vіdpovіdach, the third, Yakova, Yakovіdach, the third, Yakov, does not declare the self-sighted Vimoga, the subject of the dispute, about the raidness of another Vіdpovіdach (Krіm snapped about Vіdmov in Zadravlennі Klopotanny Third, the third) about the entry to the right), about the vision of deyakikh vimog in okrem or about the consolidation of certificates, about the recognition of expertise, about the requirement of evidence, about the acceptance of chi in respect of the protocol of the court session, about the opinion in the invoice of the filing of a court fine .

Summing up the whole deposit, it should be noted that the institute of third parties, as they do not claim independent rights, in the arbitration process

є to dosit with an effective way, which will bring a quick, objective and universal view of the government's disputes. The law provides for the possibility of participation in the arbitration process of third parties and a supplementary guarantee for the protection of the rights and legitimate interests of participants in the economic turnover. This guarantee is supplementary, to the fact that participants in economic turnover, the rights and legitimate interests of which lie in the dispute about the right, which is considered in court, by the parties of which there is no stink, to allow the possibility of protecting their rights and legitimate interests, taking the fate of the right side. Such a possibility of stink comes when you look at that virishennya tsієї in essence, and yet another variant of cases for them from the songs of complication. At the same time, the fate of the right third person gives them the opportunity to defend the power of the rights and legitimate interests of the already essential process.

In this rank, the establishment of that knowledge to participate in the right of all rights, the rights and interests of which may be torn by a judicial act, is important directly when looking at the right on the merits.

At the same time, in order to get food for those who are guilty of that other person, take part in the right as a third person, as they do not declare independence, it is necessary to get food for those who are guilty of a judicial act on their rights or bindings schodo pozivachevі chi vіdpovіdach. The judicial act can be added to the rights of the obov'yazka of an individual on one side of the superechtsi is less likely to happen, if the court's statements are matimut obov'yazkove meaning for a person.

The court may admit that person, as a defender, as not a lawyer, - one of his close relatives, transferring such appointments from paragraph 4 of Art. 5 of the CCP, and also, be it a person, about the admission of some kind of fussing about accusations. Appointed individuals are allowed to participate as defendants at the court in order with a lawyer.

When provadzhenni at the justice of the peace, as a defender, you can take the fate of a special person. About tse judge blame praise. The judge is guilty of vrahuvati, by which the world is given a person who can effectively zdiyasnyuvat zakhist, chi may be out for this necessary knowledge.

The moment, for which there can be admissions to participation in the justice, for an individual, as if accused of having committed a mischief, is marked by the moment of guilt when they praised the individual as accused. The non-administrative intellectual participation of the defendant has the right to in his own time explain to the accused the right to ask the defendant for his choice, or to complain about his confession (div. commentary to Art. 172 of the CCP).

The right of suspected defendant to help defender is blamed from the moment of arrest, zastosuvannya zabobіzhny entry or from the moment of delivery of a person notice about the suspicion is viable up to Art. Procedurally formalized zatrimannya or zastosuvannya before the suspected foreign entry at the sight of the capture under the varta is not mindful, which determines the moment of admission of the defendant to participation in the right. Zahisnik is allowed from the moment of actual zatrimannya.

The moment of actual restraint is clear up to paragraph 15 of Article 5 of the CCP - the moment of actual release of the will of the individual, as it is suspected that a malice has been committed. The right to help the defender is blamed at the time of the actual primus, if the person is allowed freedom to change (the moment of "swallowing"), wanting to finish it importantly. Roz'yasnennya tsoy right may vydbuvatisya at mistsi actual zatrimannya, and akshcho zatrimanya zmogu zv'azatisya zі his lawyer, such mozhlivіst may buti yoma given. Since there is no such possibility, then when delivering the zatrimano to the official one, you can establish the right to ask for the defendant himself, or through relatives, or for some reason, ask for the defendant for recognition.

As if the suspicions are raised at the moment of disruption of the criminal justice of a particular individual (clause 1, article 46 of the CPC), the defendant takes part in the right at the moment of initiation of any procedural actions, directing to blame the person for the crime. Already the first one to drink such a person, as if suspected, I can change the rose of clarification to you of the right to ask for a defender, or ask for a confession.

When tlumachenny zmistu Art. 49, the CPC followed up on the position of the Constitutional Court, declared by it at the decision of 27 chervnya 2000. in reference to the revision of the constitutionality of the provisions of part 1 of article 47 and part 2 of article 51 of the CPC of the RRFSR zgіdno zі skargoyu gromadyanina .І. Maslova. The Constitutional Court, having determined that, in order to exercise the constitutional right to the assistance of a lawyer (defendant), "it is necessary to protect not only procedural, but also factual signs of the position of an individual, which should be publicly criminalized up to the last review."

Later, in fact, the establishment of the individual as suspected, and not only procedurally formalized, is substantiated for the admission of the defendant to participate in justice. At the time of the next rose, a special declaration is made about the help of a defender (lawyer) before the ear of the deal.

Shards of private accusation are violated by the path of filing a claim, or if we are a legal representative, then from the moment of acceptance of the peace judge, declare before your due diligence the defendant may have admissions to participate in the justice.

Judging by the goiter, tell the person that the application was filed, about the opposite call, and explain to you the right to help the defendant. Accusations from the right of a private accusation may have the right to be recognized from the statement of the victim, from the presence of the accused.

Confirmation of a lawyer and a warrant for vikonannya voduchennya є documents that confirm the professional integrity of the person and accept him for vodochennya on vedennya. After the presentation of these documents, the defendant is respected at the right and can take procedural action: take part in the next actions, declare the fussiness of those others.

By the decision of the Constitutional Court of the Russian Federation dated 25 August 2001 about the revision of the constitutionality of Articles 47 and 51 of the CCP RRFSR in connection with the scargs of A.P. Golomidova and in. assigned to the inadmissibility of the removal of allowing the appointee, the investigator, the prosecutor, the court to be charged with suspicion and accusation, as if they were rebuked under the bar. The Constitutional Court has clarified that "vymoga obyazykovogo otrimannya lawyer (zahisnik) allowed in the individual or the body, with provadzhenniy yakah is criminal on the right, for admission to participation in the law means that suspicions and accusations can be filed on their own, the lawyer (zahisnik) - the ability to visconate your professional and procedural bindings ... "

Suspicions and accusations may have the right to freely choose the defendant. As for the materials of the criminal investigation, you should be able to get information to establish a state secret, but you cannot be granted permission to participate in the right of the defendant, who cannot be admitted to the information, to establish a state secret. In such a situation, the person who seeks goiter must issue a signature about not disclosing such statements. The defender has no right under the appointed drive to act against the defender.

One of the same sami zayisnyuvati Zahist Kilko's accurate charges for Usovi, Scho Mіzh іkhnіi Intterses Nemє Sadirіch. If any violations will be revealed in the course of criminal proceedings, the defendant is guilty of informing about it.

The main group of participants in the Hromadyan process is formed by individuals who are on the right.

Vіdpovіdno to st. 34 TsPK before them one can see the sides; third individuals; prosecutor; state bodies, bodies of self-regulation, organizations or other individuals, as they are brought to court for defending other people's interests, or enter into the process with the method of giving a visnovka to the right (Articles 46, 47 of the CPC RF); the applicants and other persons on the right side of the case are of special conduct on the right side, which is blamed on public legal records.

The sight of this group of people is confused by the presence of the stench of low specific signs. In the science of civil procedural law, there are such signs of error, as in the right:

  1. stench may have a legal interest until the result is correct;
  2. stench to roar all procedural acts in the name;
  3. їm to impose a declaration on the development of procedural actions, as if to inject a development of the community process;
  4. on the basis of what is right, the legal force of the court decision is expanding.

For the assigned signs, the individuals that are on the right are considered as other participants in the process. As an example, there is no evidence of legal clarification until the result is correct. Vіn take part in the civil process to secure the court at the right place, and not to defend your right.

Those same stand for experts, fahivtsiv, translators, representatives. Although the presence of legal obscurity is a sign of all osib, what is right, the nature of the juridical obscurity of the stink of wrath. Nasampered middle osib, scho at the right, slid vidilit quietly, yakі mayut specialist, material and legal zatsіkavlenіst. Before them one can see the parties, the third individuals, as well as the applicants and the applicants, the individuals on the right of the special case, and on the right, which are blamed on public legal documents. For example, pozivach zatsіkavleniy zahistі svogo rights; vydpovidach zatsіkavleniy in order to put a vіdsutnіst in front of the caller, whether it's a binding. So the stench may and procedural and legal zatsіkavlenіst until the result is right, as if you are in a friendly decision.

The second nature of the zatsіkavlenosti at the prosecutor (Article 45 of the CPC) and in the state bodies, the organs of mass self-regulation, organizations and citizens, who are given the right to take part in the civil process for the protection of other people's interests (Articles 46, 47 of the CPC of the Russian Federation). The designation of the subject of substantive law is not possible. The decision of the court, the fault of the right, does not zachipaє їhnіh rights. For example, state bodies, bodies of self-regulation to take part in the process of implementing the law of competence laid down by them.

That's why the stink of the service stink. Having entered the process and taking the fate of the new one for the protection of other people's interests, the stench may be procedural and legal zatsіkavlenіst, as if it were in the judgment of the court, which confirms the purpose of their participation in the civil process.

All individuals, who are on the right, can instigate di ї, creations for the development of the community process. Appointed dії to establish zmіst to the principle of dispositivity.

And if you want to get procedural rights in a few cases that take a part from the right, not the same, all the stinks in the other world with their actions can add to the process. For example, mustache individuals, if they take their fate from the right, can offend the court's decision, the fault of their right. Tim himself has passed through the process of passing through the stage of trial in the court of the first instance to the rechecking stage.

Warehouse osіb, scho in different civil rights, unequal and in character right. Zavzhdi only the main procedural order between the court and the parties (the applicants and persons on the right side of the special case and the case on the right side, which are blamed on public legal rights).

The status of an individual, as if taking a fate from the right, a bulky man or an organization, from the moment I enter the civil process.

The law conveys the law to all osib, what is right, the right-hand man and obov'yazki. Vidpovidno up to part 1 of Art. 35 TsPK individuals who take part in the right, have the right to know the materials of the right, work on signatures from them, make copies, declare input, submit evidence and take part in the right, put food to other persons, like take part in the right, experts, specialists; declare klopotannya, including about the demand for evidence, give explanations to the court in oral and written forms; induce your argument that mirkuvannya z usikh food, which is blamed at the course of the ship's gaze, quarrel with others, as if taking the fate of the right; offend the courts and praised that koristuvatisya with other procedural rights given to them by honourable procedural legislation.

The granting of such a wide transfer of procedural rights to individuals, like taking a part from the right, is explained by their influence on the result of the right. Procedural rights are given to him to defend his interests over the interests of others.

The law transfers and deeds of obov'yazki how osib, yak take part in the right. We are guilty of the stench in summation of all procedural rights that belong to us (Part 1, Article 35 of the CPC). In vipadki, peredbachenyh law, schodo osіb, yakі take the fate of the right allowed mischief, unfriendly nasledki insist.

So, on the side, yak unconscientiously stated the unsubstantiated poses, or the super girl against the call, or systematically opposed the correct and timely view and the perfection, the court can pull compensation for the actual waste of the hour. The rosemary of the winegrowers is determined by the court at reasonable boundaries and on the basis of specific conditions (Article 99 CPC).

Vіdpovіdno to st. 118 CPC individuals, who are on the right, goiter, tell the court about changing their address for the hour of the right. For the presence of such a notification, the court will notify you of the rest of the court in the place of residence or the addressee's place of residence. It is important to deliver, to find the addressee at the given address no longer living, or not known.

Individuals who take part in the right, goiter, tell the court about the reasons for not appearing at the court session and filing evidence of the importance of these reasons (part 1, article 167 of the CPC). The court has the right to look to the right for the presence of the individual, as if I were taking the fate of the right, because it was not informed about the hour and the time of the court session, it did not appear and did not give information about the reasons for the absence, otherwise the court found the cause unimportant (part 3 of article 167 CPC).

Anchored at st. 35 TsPK procedural rights and obov'yazki є splimi sіm sіb scho sprаі. Vodnochas, zalezhno vіd character zatsіkavlenostі and stavlennia to the subject superechki, the law nadіlyaє їх additional procedural rights and obov'yazkami.

Away from the civil process. Procedural sleepiness. Replacing an improper vіdpovіdach. Procedural offense

If the dekіlkom were especially addicted to shkodi, then after a call to them about yoga blowing the stench, they would occupy the procedural camp of spіvvіdpovіdachiv. In this way, the spіvuchast vinikne through one pіdstava - the fact of splіny zapodіyannya Shkodi dekіlkom by persons.

By butt, if the subject of the super-price is the same rights, then, possibly, the number of positive candidates, they presented a call to one volume about the payment of wages.

In this situation, there may be some connection between the calls received during the day, and there is less uniformity of legal rights, which are considered by the court. By looking at them, they could easily reach the meta economy of the hour, changing the ship’s vitrates, and blaming unsuperior decisions.

Spіvuchast buvaє obov'yazkovoy (necessary) and optional. Obov'yazkova (necessary) part of the blame for that fall, if you can look at it without being irritated to participate in all the other actions of the impossibly, then the court verifies the right (or obov'yazki) for the skin of them.

In that case, as if the court was guilty of a decision, which zachіpaє any of the interested parties without getting involved in the right, because of the situation, for which the person was allowed the opportunity to participate in the process of defending her right to her interest. Such a gross damage is the basis for the judgment of the court decision (clause 4, 4, article 330 of the CPC of the Russian Federation).

For example, three hulks should lie on the right authority of the booths, which are formed from a large number of rooms, near equal parts.

At the time of presentation by one of them, I will call about seeing my part (Article 252 of the Civil Code of the Russian Federation), for example, looking at one of the rooms, two others are guilty of participation in the right as a witness. That’s why, if I’m satisfied with such a call, I’ll call a bed, if the authority of other spivvlasniks, change one third. They lose the right to sleepy power over a part of the booth that they have lost. In such a rank, the decision of the court to hit the rights of the skin from spivvlasnikiv.

The Plenum of the RF Legislative Assembly in its eulogies directly points to the denunciations of the language of speech.

So, as if I had a lot of mass information, there was a wider range of information that would slander honor, goodness, or a good reputation, then at the time of presentation of the victim, I would call specifically about the protection of these intangible benefits by vodpovidniki є the author of that edition of the mass form. Author є Vіdpovіdichi at ZV'Inkova Z Tim, Scho Vіn Scho Dydpovіdniy's result of Інтелевульной діяльності (Fort by writing Stattu, pіdgotuvavv Vіdeyportha Tu IF.), And the editor of the head of Masovo іnformatsії --i - Sich Domotion (Amplіkuvannya Tsієї Stattі , release of a special report on the air and in.).

If the mother is on the verge, that the law transfers the right to the court to obtain the power of initiative from the process, it is impossible to look at the right without their participation in the connection with the nature of the opposing legal entities. І here the preparation and examination of the right is carried out on the cob (year. 3, article 40 of the CPC). The court does not have the right to seize the power of initiative from the process of osіb yak svіvіstsіv without їх sgodi. Tse z follow the principle of dispositiveness in the civil process. The person who is zatsіkavlena herself virіshuє, present poses chi nі. The court can only tell the potential socialists about the conduct at the right to indicate the possibility of presenting them, I will call.

With facultative speech participation, one or more of the posives of one or more of the respondents can look at each other. Substantiating this type of spivuchast, as a rule, evenness could be considered by the court (call the practitioners about the contraction of wages, call the number of those who suffered to the cause of shkodi about yogo witshkoduvannya that іn.). Homogeneity is manifested in the similarity of the subject and the legal facts, which are primed for the most. For example, it’s not enough to look at the possibilities five times at a time, addressing the very same advice, about the introduction to the robot, but also the signs of different substations. In this case, it is unlikely that you will be able to achieve procedural savings for an hour, the court will have the chance to sue for skin and other legal facts, which would make the process easier.

Navpaki, facultative part of the guilt of the times, as a splinter of practitioners, for instance, for absenteeism, to hang up in a good way, call to the robot about the introduction of them to work. And here the poses of a skin practitioner are evident from the labor law, which is to be blamed between a specific practitioner and a roboticist.

Every material legal entity has a plurality of subjects. A sure sign that the presentation of such symptoms by practitioners is facultative sleep participation, it is practical that the court can consider the dermal call of practitioners. With whom the rights of other rights, if they require renewal on the robot, judicial decisions will not be violated after a call.

Kozhen іz pozivachіv chi vіdpovіdachіv є independent subject іnshіh svіvuchasnіv. Their self-reliance is manifested, for example, in their case, the skin of the co-workers has the right to independently control whether they are procedural acts, not to the detriment of them and their other accomplices.

As one of the co-plaintiffs, having acted in the name of the call, other co-plaintiffs have the right to look at their own day. As one of the spіvvіdpovіdachіv having recognized the poses, the reshta may not be robbed.

Spivuchasniks can doruchit vedennya to one or a dekilkom from spivuchasnikiv (part 3, article 40 of the CPC). The revocation of the debtor is due to the duly official registration of the grantor of the power of attorney in a solemn manner, either in the form of an oral statement recorded before the minutes of the court session, or in a written statement of the trustee to the court (part 6 of article 53 of the CPC of Ukraine).

Invalid side. Replacing an improper vіdpovіdach.

Previously, it was already planned that at the time of the destruction of civil law, the court should go out only with permission, that it would be positive that the subjects of the spiritual substantive law were obov'yazkiv. Remaining food, chi to lay down a positive right and chi to lie on the basis of obov'yazok, vyrishuetsya by the court at the court's decision after looking at the point.

Admitting the offense, the court is guilty of perverting, which is true, the person who enters or gets involved in the process, is the offender (for example, add a certificate of the right to the council, a signature from the Unified State Register of Legal Registry of the legal person-offender, etc.).

Procedural offense is necessary to redress due to the replacement of improper testimony. The values ​​of vіdmіnnostі are similar to this one. In the first place, between the right-hander and the offender there is a material-legal link, which means in the transition of material rights (obov'yazkiv) from one individual to another. Mіzh nenalezhnym and nelezhnym vіdpovіdachami such a substantive-legal connection every day. Therefore, in case of a procedural offense, the process is right-handed, and in case of replacement of an inappropriate court, it starts anew.

In another way, for the offender, all things, committed by the right-hander at the process before the entrance, are obov'yazkovym. So, as a pravopaperednik-pozivach vіdmovivsya vіd I'll call, for the yogo offender tsya vіdmova є obov'yazkovoy. On the vіdmіnu vіd tsego, vіdpovіdalny vіdpovіdach not po'yazyannymi diamy, vchinennymi nelezhenim vіdpіdach until yogo change.

Thirdly, the replacement of an improper defense can only be done by a court of the first instance, while procedural offense can be done at any stage of the process until the actual victoring of a court order.

Third individuals

2) I will enter into the process, as soon as I start, with the method of giving the bed to the right.

I will call for a tribute to the defense of the rights of the okremikh hulks, the unappointed stake of osіb, the public-legal abode. The CPC transfers the right of the prosecutor to bring before the court with an application for the defense of the rights, freedoms and legitimate interests of:

2) an unmarked stake osib; 3) interests of the Russian Federation, subjects of the Russian Federation, municipal offices.

Reasoning from an application for defending the rights of a particular hulk can only be less likely in that case, as a hulk behind the camp of health, age, lack of employment and other important reasons, he himself cannot go to court (part 1 of article 45 of the CPC).

So, for example, the prosecutors present a different call for protection of the rights and interests of the disabled, pensioners, low-income families, and children of limited age. she is right, for the sake of necessity, to go to court for yoga zahistu. And it’s less in that mood, as if it’s not possible to do it independently for good reasons, it’s in his interests that the prosecutor is summoned.

Vodnochas on the right, vyazanyh іz zahistom most important rights and interests of the people (for example, social, labor, sіm'ї, maternity, fatherhood and other), the prosecutor is not guilty you can go to trial (part 1, article 45 of the CPC).

Returning to court with a summons, the prosecutor is guilty of violating the harsh rules about bringing before the court if there is evidence of jurisdiction and jurisdiction

Prote law visuvaє dodatkovі vimogi until the prosecutor's statement. So, in the subsequent application, which is submitted to the defense of the public law decree, or of an unknown number of osib, vin may say, in whom the right is violated. Also, the application of the prosecutor may have a request for a normative legal act, which, in the opinion of the prosecutor, is not necessary. At the same time, the prosecution of the prosecutor to defend the interests of a particular citizen in the application may be charged, which the citizen cannot independently present his poses, otherwise he may be assigned to the arrest of the citizen to the prosecutor (part 3 of article 131 of the CPC).

The document about the payment of the state mit, the prosecutor is not guilty of applying, the shards of the court’s vitrates were carried (part 2 of article 45 of the RF CPC). Likewise, the prosecutor is not guilty of applying before the summons to declare the trust, the shards of the wines are brought before the court not as a representative, but as a subject, who presents the summons by virtue of the competence put on the new law.

Also, the prosecutor should be informed, if not before such a pose of a review, whether by a court of global jurisdiction or by an arbitration court, about which decision is your fault. The prosecutor should be told that the court of peace was not approved by the court of the world after the same call earlier, and that such a call was not presented to a particularly interested person earlier, in view of which she was out of luck.

At the time of the appointment of the prosecutor with a summons to the court, he does not take the position of pozivach at the process. Let us call the right to that person, whose interests are presented with poses, there are shards about the defense of the very same law. Vono povidomlyaetsya by the court about the process (part 2 of article 38 of the CPC RF).

The prosecutor, who has given the poses, at the sight of the endowment of the usima with the rights of the posivacha. However, at the same time, that the prosecutor is not a subject of complicated material legal rights, he cannot dispose of such rights, which can only be ordered by a person, as there may be special zatsіkavlenіst. It is accepted in the literature that the prosecutor at times borrows the position of the so-called pozivach in the procedural sense. So, the prosecutor cannot do the world's favor (Part 2, Article 45 of the CPC). Before the new one, there may be presentations of zustrіchny poses.

The prosecutor has the right to act when I call. However, the object of defense is the right of another person, the law transfers the need to express one’s thoughts about a further share of the process in this right. I’ll call you at the time of the prosecutor’s office, I’ll have the right to look at the right day. As if the prosecutor was moving in the presence of what was presented to him, the court could confine the court to the right, less in the right place, as if he was pozivach also in the presence of the new one. I, navpaki, vіdmova pozivacha vіd i’ll call u razі priynyattya yogo by the court dragging behind him the right to the right independently in the position taken by the prosecutor.

The prosecutor, who has given the summons, is obliged to bring the situation, on the basis of guilt, he tries to obstruct the summons presented to him (Article 56 of the CPC). Therefore, before the death before the trial, prepare the necessary evidence.

At the course of the court session, the prosecutor, having given a call, gives an explanation to the first (part 1, article 174 of the CPC). Judging by that individual, like taking a fate from the right, to gain the right to put food on it. The prosecutor, who has gone to trial for defending the rights of others, is the first to speak in court debates (Article 190 CPC).

The prosecutor's entry at the process with the method of putting on a visnovka at the right. Another form of participation of the prosecutor is his entry into the process, which has already begun with the initiatives of other ops, with the method of giving the laying at the right. The prosecutor has the right to intercede at the process from the method of laying down on the right, less at the hands, directly transferring the CPC and other federal laws.

A number of rights, which are considered in connection with the prosecutor's obligatory fate, are directly assigned to Part 3 of Art. 45 CPC. Before the new one can be heard about the suspension, about the introduction to the robot, about the birth of the shkodi, the health of life. Other ways of transferring either to other articles of the CPC, or to other federal laws. From the obv'yazkovy fate of the prosecutor, we look at the certificate about the recognition of the hulk without a trace, or we will die about the stunned hulk (Article 278 of the CPC);

(Art. 284 CPC), information about the relief of the father's rights (Art. 70 of the IC of the Russian Federation), about the renewal of the father's rights (Art. 72 of the IC of the Russian Federation) and in.

Entering the process, the prosecutor is guilty of learning about the correct materials, taking an active part in the evidence in the course of examining the truth in order to put together that correct statement about the day of the truth. With every wine, we give the visnovok at the right, like a scorch, so it’s the same food, which is blamed on the process.

The law does not transfer, whether or not it could, to form that zmіstu vysnovka, which the prosecutor hopes. However, a new one may need an analysis of the circumstances of the evidence, as it was taken up in court, the prosecutor’s assessment of the evidence submitted, the legal assessment of the dispute, the blatant visnovok about those who, as a consequence, were right. Visnovok of the prosecutor is not obov'yazkovim for the court. Visnovok of the prosecutor is given after all the proofs have been obtained from the right before the court debates (Article 189 CPC).

The non-appearance of the prosecutor, who takes the fate of the dacha of the sanctioned, consecrated hour and day to look right, ceasing to be reshuffled to the right look (year. 3, article 45 of the CPC).

At the reviewing instances, the prosecutor's part is in the fact that he has the right to make a notice about the review of court decisions in the appellate, cassation, visual order, as well as for innovations or new circumstances.

Obov'yazok is required to defend the rights and interests of children in the event of the death of their fathers, the relief of their father's rights, the exclusion of the father's rights, the recognition of fathers by the unemployed, etc. (Article 121 of the RF IC). The law on the protection of the rights of citizens is put on the bodies of the Russian Federation for the protection of the rights of citizens. With the help of the implementation of the duties imposed on them, the head of the legislation gives them the right to participate in the civil process. That is why, taking a part in the civil process, with the help of defending the interests of others, the stench beats the duties of the law of function. Tim themselves stench to protect the rights and interests of the subjects, as they require it (incomplete, non-working, disabled and otherwise).

Yak and prosecutor, state bodies, bodies of self-regulation, organizations, communities, yak in the order of art. 46, 47 CPC, be placed up to a group of errors, which is right, as it may be substantive and legal in the result of the right. Sovereign bodies and organizations of self-regulation may be less service-related, connected with the implementation of their competencies. Citizens and organizations enter into the process of defending the interests of other people through a direct introduction into the law. Having entered the process, all the stinks may be procedural and legal zatsіkavlenіst, yak polagaє in ochіkuvannі prіshennya court, scho vіdpovіdaє tsіlyam їkh їkh їkhі prіsіkavlіnіstі. Like and be-like a person who takes the fate of the right, the stench takes the fate of the process in the name. However, the stink is not for the defense of one's own, but for the defense of other people's interests.

Form the participation of sovereign bodies, organizations of the local self-regulation, huge organizations in the civil process.

Sovereign organizations and organizations of self-regulation can take a fate along the way:

1) bringing to trial due to a statement on defending other people's interests (Article 46 of the CPC of Ukraine);

2) I will enter into the process, which I started with the initiatives of other osibs, with the method of putting on the right hand (Article 47 of the CPC of the Russian Federation).

On the authority of state bodies and bodies of local self-regulation, the masses and organizations can take part in the civil process, but only by way of a trial before the court for defending the rights and interests of other people (Art. 46 CPC of Ukraine). The law does not transfer such a form of participation for them, as if they were wearing a right hand.

I will call for a tribute to defend the interests of other interests. Sovereign organizations and organizations of self-regulation, organizations and communities have the right to present poses for defending other people's interests

(Art. 46 CPC RF). I will call the fate of these subjects with a path of tribute in the order of Art. 46 CPC is necessary to reconsider its participation in the civil process for the protection of its interests. To talk about vipadki, if tsі organi, organіzatsії, hromadain themselves є subjects of spіrnogo substantive law chi obov'yazki. And here the stench is occupying the procedural station of the posyvacha chi vіdpovіdacha at the right. This paragraph mentions the fate of these subjects in defending other people's interests.

Vidpovidno up to part 1 of Art. 46 TsPK state organs and organs of self-regulation, organizations and communities may have the right to sue before the court with an application for defending the interests of others for the sake of intelligence, as they have such a right granted by federal law.

For example, the authorities of the opika and pikluvannya were given the right to file before the court with a statement about the relief of the father's rights (part 1 of article 70 of the RF IC). Vіdpovіdno to st. 45 of the Law on the protection of the rights of citizens of the community of citizens (their associations, joint parties) may have the right to file a claim before the courts with applications for the protection of the rights and legitimate interests of other citizens (groups of citizens, an unidentified number of citizens).

Appeal to the court of sovereign bodies, organs of local self-regulation, organizations and citizens from a claim for the defense of rights, freedoms and legal interests of others, it is possible at times, even if the individual is killed, for the defense of the rights of that interest, that civility is destroyed on the right (h). CPC). So without the initiative of an interested individual, the stench cannot go to court. However, until the end of the day, don’t mind the need.

The presence of a swindler is not needed, as if the application is presented for defending the interests of an unskilled hulk. For example, the need for a prisoner before the court can be vindicated, as if the rights of a minor and not a poor citizen are violated, and the legal representative does not act for any reason and does not appear before the court for defending his interests. And here the body of the organization, having found out about the violation of the rights of a non-departmental person of an incompetent position, independently filed a claim before the court, protesting for the reason that such a right was given to them by federal law.

Vidpovidno up to part 1 of Art. 46 TsPK the repaid subjects were given the right to present a summons to the defense of an unmarked number of osib. In this way, it is also not necessary to go through a specific individual, so as to enter to the whole group. For the presentation of the call, more than one mind is needed - so that the right of the representative body of the organization was transferred by law.

For example, such a right has been given to the bodies of the Rosspozhivnaglyad, the bodies of the local self-regulation and the public associations of the people (Article 46 of the Law on the Protection of the Rights of the People).

So zgіdno zі Art. 6 Law about the foil of the Navroichnyh Headshop with a call to the court about the designer, about the Zupinennya Aboy Dyalnostі, Scho Zdіysnostі, ryyalnostі, Scho Zdіysnosnuz З. the protection of the navkolishny middle.

Zvertayuchis before the court with a summons, subject, yaki, in the order of art. 46 of the CPC, due to the arbitrariness of the rules for filing a call statement before the court for pіdvіdomchіstyu and pіdsudnistyu, as well as about the form of that zmіst call application (Art. 131-132 CPC).

Їm sled z'yasuvati, chi not before such a poses of consideration, whether it be a court of global jurisdiction or an arbitration court, about which it is the fault of the decision. So the stench cannot turn up before the court in that state, as it is said, that earlier the court for the same call was confirmed for the sake of the world, but earlier such a pose of presentation by the very special person, as if by a god she was driven. The stench of the waivers for the binding of the ship's widows (part 2, article 46 of the CPC of Ukraine).

Legal position of subjects, assigned to Art. 46 TsPK, in a significant world, is similar to the legal position of the prosecutor, who has given poses to the defense of other people's osіb. Organizations, organizations and communities, as if they filed an application for the protection of other people's interests, are protected by all procedural rights and carry the mustache of the positive. However, the stench does not take the side of the process.

The stench is the so-called pozivachami of the procedural sensi. Posing at the right of that person, in whose interests the poses are presented, there are shards about the defense of the very same law (part 2 of article 38 of the RF CPC). Subjects, as if they presented poses for defending other people's interests, have no right to lay down the world's pleasure (part 2, article 46 of the CPC of the Russian Federation). Before them, there may be presentations of zustrіchny postures. Vіdmova tsikh subjectіkіv vіd i will not call pozbavlyaє pozvacha the right to vimagati rozglyadu just daily.

Yak and pozivach, subjects, yak_ showed poses according to Art. 46 CPC, guilty to bring the situation, for yakі stench, they ask for the call presented to him (Art. 56 CPC).

Therefore, before the death before the trial, prepare the necessary evidence.

At the course of the court session, the subjects, yak, filed poses, to give explanations first (part 1, article 174 of the CPC). Judging by that individual, as if taking a fate from the right, to gain the right to put food on him.

Subjects, yakі returned to court for defending the rights of others, to speak first at the judicial debate (Article 190 CPC).

Entering the process from the method of giving packing. Sovereign bodies and organs of the self-rowding give visnovka at the right in two branches:

1) that the dacha is directly transferred by federal law.

For example, by virtue of Art. 78 of the IC of the Russian Federation in all superchicks, who are involved in children, are guilty of taking the fate of the organ of opiika and pikluvannya. A number of rights of special provadzhennya can also be considered from their obov'yazkovoy fate - about the expulsion of a huge man, it is surrounded by a child or not a child (art. 284 of the CPC), about the adoption (art. 273 of the CPC), about the denunciation of an incomplete debt of such a prisoner (TsPK28) ;

2) the need to give the accommodation was not transferred by law, however, the court, by its own initiative, found out for the need to obtain a competent authority for giving the accommodation to the right.

And in that, and in a different way, the state organs and the organs of the municipal self-regulation enter into the process until the moment the decision is brought to the court, and in fact until the court comes to the court of judges. However, the most rationally behind the scenes, even before the court’s review, check the food about them, so that they don’t give a reason for looking right.

Sovereign bodies and organs of self-regulation, which take part in the process with a method of tying from the right, endowed with all rights and obligations, like taking part from the right (Article 35 of the CPC). They take an active part in the process of proving evidence from the court in order to lay down the evidence about the essence of the legal case.

The visnovok to the body can be revenged by the analysis of evidence, the legal assessment and the blatant visnovok about those who seem to be right. Vono is slandered at the court session as the most important representative after the evidence has been submitted to the right (Article 189 of the CPC). The side of that іnshi individuals, which is on the right, is right to put food on it. Visnovok of the sovereign body and the body of the local self-regulation is assessed by the court and not for the new obov'yazkovim.

From the foregoing, it is obvious that the legal regulation of the participation of state bodies and bodies of local self-regulation, a huge organization for defending the interests of other interests is rich in what is similar to the participation of the prosecutor in the civil process.

Prote є y razbіzhnostі. Yes, Art. 45 The CPC gives the prosecutor the right to present any poses to protect the interests of another person. Reinstatement of the state bodies of the prosecutor's office and bodies of self-regulation, citizens, and organizations on the presentation of a call for greater obmezhenі, shards of stench are recognized as nothing more than vipadki, directly peredbachenim by law. So, for example, the organ of opika and pіkluvannya can present poses for the relief of Batkiv's rights (Article 70 of the RF IC). However, the organ of opika that pіkluvannya does not have the right to present poses for the protection of environmental rights of other rights, but according to the current law, it has not been given such a right. The defender of environmental rights is not included in the competence of any body. At that very hour, the prosecutor of a dignified prosecutor's office can show the lawfulness of any of the appointed calls.

If there is another form of participation, then, on the other hand, the sovereign bodies and the bodies of the police self-repair have a greater participation in them, and the prosecutor has a lower one. Sovereign bodies and organs of self-regulation give their vysnovok at the right, as if, first, it was transferred by law, and in a different way, as if it was not transferred by law, but having respected the court for the necessary, get them to participate in the right. Possibility and participation of the prosecutor in the form of submission to the visage are interspersed with exclusive vipadias, directly transferred to the law.

The fate of these subjects at the rechecking stages is related to the fact that they are given the right to file skargi about revising court decisions in the appellate, cassation, visual order, as well as for innovations or new environments.

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