Title: Churpita G
Author: Lenovo
Last saved by: User
Company: NAU

Churpita G. V. Concept and features of the persons involved in cases of non-action civil justice

The scientific article is devoted to investigation of the composition of the persons involved in cases of non-action civil justice.
It has been determined that the Ukrainian legislator distinguishes the following persons involved in the cases of non-action civil justice (writ and special proceedings): the applicants, other interested parties and their representatives (part 2 article 26 of CPC of Ukraine). However, the composition of the persons involved in cases of writ proceedings are also specified in other legal norms of CPC of Ukraine (paragraph 2 part 2 article 98, part 2 article 99, part 6 article 100 etc.). According to these norms, procedural law names a debtor as one of the persons involved in such cases. Furthermore, as follows from part 3 article 26 of CPC of Ukraine, the institutional bodies and persons, who legally have the right to protect rights, freedoms and interests of other persons, can also be involved in such cases. 
It has been specified the concept of the persons involved in the cases of non-action civil justice. These are the subjects of civil procedural legal relationship that are endowed with a legal interest in the proceedings aimed at obtaining of those benefits that are mediated by the interests protected by law or undisputed subjective rights. Besides these persons, taking into account the procedural restrictions established by law, execute in court procedural actions aimed at starting, development and termination of civil justice.
It had been distinguished the features of the persons involved in the cases of non-action civil justice, which are: a) existence of a legal interest in the case consideration aimed at obtaining of those benefits that are mediated by the interests protected by law or undisputed subjective rights arising from the content of the legal  relationships which are clearly regulated by civil procedural law; b) execution of the procedural actions aimed at starting, development and termination of civil justice (proceedings), taking into account the procedural restrictions stipulated by law.

The author of this article implemented the classification of  persons involved in the cases of non-action civil justice by  the criterion of legal interest: a) the persons involved in cases of special  proceedings whose legal interest are  aimed at obtaining of those benefits that are mediated by the interests protected by law b) the persons involved in cases of writ proceedings whose legal interest are aimed at obtaining the benefits that are the subject of undisputed subjective rights arising from the content of legal relationships which are clearly regulated by civil procedural law. 
The results of the implemented investigation are summarized in the conclusion of this article, which also outlines the perspective areas of further scientific research.
Keywords: persons involved in the cases; legal interest; non-lawsuit civil proceedings; special proceeding; writ proceedings.