The Notion and Elements of the Applicant’s Civil Procedural Status in Separate Proceeding
Abstract
The scientific article is devoted to the study of the civil procedural status of the applicant in cases of separate proceeding. As a result of the analysis of scientific doctrine and civil procedural legislation of Ukraine, the concept and elements of the civil procedural status of the applicant in cases of separate proceeding are specified.
It was established that the civil procedural status of the applicant is a set of rights, duties and interests of the said subject of civil procedural legal relations enshrined in civil procedural law.
It is substantiated that elements of the civil procedural legal status of the applicant should be considered: subjective civil procedural rights, legal civil procedural obligations, legal civil procedural interests.
It has been shown that the applicant’s civil procedural status in separate proceeding given the grounds and the preconditions for his initiation is somewhat similar to the civil procedural status of the plaintiff in the proceedings. Thus, the applicant in separate proceedings and the plaintiff in cases of proceedings are endowed with general civil procedural rights of the participants of the case, stipulated in Part 1 of Art. 43 of the Civil Code of Ukraine, as well as general civil procedural obligations, provided for in Part 2 of Art. 43 Civil Procedural Code of Ukraine.
It has been determined that the applicant in separate proceedings has the rights and obligations of the parties, except in cases provided for in Section IV of the Civil Code of Ukraine. The relevant rule should not be interpreted literally, but adapted it to a special legal procedure for the consideration of cases in the order of separate proceedings.
It has been established that the applicant’s civil procedural interest is in the pursuit of the desirable procedural result for himself – the adoption of a satisfactory court decision.
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