The Legal Status of Public Subjects in the Russian Civil Procedure

The grounds for endowing public law entities with the procedural status of a party to a case in civil and arbitration proceedings are investigated. The author proceeds from the fundamental idea that only participants in a disputed material legal relationship can act as parties to the civil process. Accordingly, persons who do not have the status of a subject of civil law cannot participate in civil and arbitration proceedings as a party. When deciding on the issue of granting the status of a party to a public legal entity, the courts need to proceed from their alleged connection with the dispute, civil legal personality, and the nature of the interest. Attention is also focused on the restriction of freedom in the disposal of the disputed right in cases involving public entities; when approving settlement agreements concluded between a private legal entity and a public entity, the courts need to check whether these agreements violate public interests (the interests of an unlimited number of persons).

Authors

Publication Details

Journal
CIVIL LAW
Published
2024-09-12
DOI
https://doi.org/10.18572/2070-2140-2024-5-31-34
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Legal Status of Public Subjects in the Russian Civil Procedure

Ekaterina V. Mikhaylova
CIVIL LAW
European and International Law Studies
article

The Legal Status of Public Subjects in the Russian Civil Procedure

Ekaterina V. Mikhaylova
article en

Abstract

The grounds for endowing public law entities with the procedural status of a party to a case in civil and arbitration proceedings are investigated. The author proceeds from the fundamental idea that only participants in a disputed material legal relationship can act as parties to the civil process. Accordingly, persons who do not have the status of a subject of civil law cannot participate in civil and arbitration proceedings as a party. When deciding on the issue of granting the status of a party to a public legal entity, the courts need to proceed from their alleged connection with the dispute, civil legal personality, and the nature of the interest. Attention is also focused on the restriction of freedom in the disposal of the disputed right in cases involving public entities; when approving settlement agreements concluded between a private legal entity and a public entity, the courts need to check whether these agreements violate public interests (the interests of an unlimited number of persons).

CIVIL LAW
Openalex Percentile: Top 73%
European and International Law Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.