Who is an improper plaintiff in a civil proceeding (GIC)? As cases from judicial practice show, this is a person who does not have the right to apply to the legal authority with a claim on the matter he has claimed. For example, the mother filed a lawsuit in court to invalidate the marriage of the deceased son. Only spouses or the prosecutor are entitled to terminate official family relations, according to the RF IC in article 28.
Feature of legal concepts
In doubtful situations, when a lawsuit is filed by an improper plaintiff in a civil proceeding, it is necessary to obtain legal advice in any legal authority on a specific case. Specialists will find out whether there is really a violation of rights so that they do not refuse to accept the application or satisfy the requirements, as required by civil procedural law.
An inadequate defendant can be both a legal entity and an individual if they are mistakenly declared instead of the actual entity. Taking into consideration the case, it is immediately difficult to detect the degree of involvement of the participants in the lawsuit, but during the trial everything falls into place. The judge is faced with the task of eliminating inaccuracies and protecting all defendants from unpleasant consequences, regardless of whether he is the defendant or the improper plaintiff in the civil procedure under the Civil Procedure Code.
Legislative procedure
The law of the Russian Federation, in particular the Code of Civil Procedure of the Russian Federation in Article 3, states that every citizen can protect his rights and interests in court. The appeal is of a declarative nature, which means that the case may be brought in by the filed suit, in which the specific rights violated are indicated.
During the trial, the lawfulness of the claims is determined. The judge determines: does the citizen have the right to be an applicant or to petition the court to perform certain actions. When the legal authority does not find a connection between the disputed object and the applicant’s right to it, the latter is an improper plaintiff in the civil procedure of the Civil Procedure Code.
What do the participants have to do with the controversial subject?
The legislation in article 41 of the Code of Civil Procedure of the Russian Federation clearly explains how to replace an inappropriate defendant. The procedure is carried out only after the applicant’s request. The replacement of the improper plaintiff in the civil procedure of the Code of Civil Procedure of the Russian Federation is not provided, the legislation does not provide a clear definition regarding this person.
Although there are some settings:
- Article 134 of the Code of Civil Procedure of the Russian Federation provides grounds for a judge to refuse to accept a claim, since a citizen does not have the right to do so.
- Article 220 of the Code of Civil Procedure of the Russian Federation indicates what the court should rely on, terminating legal proceedings due to identified circumstances, in particular explaining that those who applied for protection have lost such a right.
It will be possible to take such measures only if the plaintiff could not prove his true interest in the case, that in fact his legitimate interests were violated and his rights and freedoms were disputed.
What does the applicant achieve in different processes?
If a person is a participant in a criminal, administrative, civil trial and appealed to the legal authority to be protected, he is called the plaintiff in legal terminology. An improper plaintiff in the civil procedure under the Code of Civil Procedure of the Republic of Kazakhstan, as well as in Russia, is considered to be the one who seeks to restore the violated rights of other people, for which he does not have authority.
According to the laws of Kazakhstan, article 51 of the Code of Civil Procedure of the Republic of Kazakhstan states: if the court established at the preliminary hearing or during the trial that the lawsuit was brought against the wrong defendant, the plaintiff may file a request for its replacement. The case does not stop, only the real culprit is summoned to the meeting.
What ends the case for the improper plaintiff in civil proceedings
According to the Civil Procedure Code, the consequences of cases with applicants who do not have the right to institute legal proceedings are the same. The judge finds that no violations were found in relation to the plaintiff, and refuses to satisfy his demands.
The situation with the defendant is more serious when a citizen acts in this role, but is sure that the plaintiff is inappropriate. Further action must be prevented by applying for a replacement applicant. The problem is that the defendants are not always listened to, they believe: they are unreasonably trying to make excuses. Judges are also lodged a complaint with their chairmen, but only if the court rejects the arguments of the defendant.
The claim should clearly indicate all the evidence regarding the plaintiff, indicate the reason why he cannot make claims on his behalf. The complaint is arbitrary. But the judge rarely brings the process to the stage of conflict, such a lawsuit will not pass even the first stage.
Lack of knowledge of legal issues, misinterpretation of laws, regulations, government orders and attitudes lead to errors when applying to the courts. Inaccuracies are caused not by intentional intentions, but by an incorrect assessment of one's own capabilities and rights to applications with certain requirements. From here appear the proper parties to the court proceedings or actual subjects in disputed relations, as well as improper defendants who do not belong to the subjects of legal proceedings.