Herald of Civil Procedure
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Commentary on the Civil Procedure Code of the Russian Federation (continuation)

O.A. Ruzakova,
Deputy Chief of Staff Committee of the State Duma of the Federal Assembly 
of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») 
and Procedural Legislation, Doctor of Legal Sciences


This comment section are the author’s position about the legal status of persons participating in the case and the institution of representation. Persons participating in the case are different from other parties to civil proceedings so that they act on their own behalf, have a legal interest in the resolution of the case and the right to carry out on their behalf of legal acts relevant to the occurrence, development and termination of civil process. Civil procedural active legal capacity are not only individuals, but also organizations, which include first of all legal entities. In the case of legal entities not usually distinguished civil procedural legal capacity and active legal capacity. They occur simultaneously with the registration of the organization as a legal entity The court must explain to the plaintiff his right to claim to all subjects of obligation, but the decision to bring them to participate in the case as co-defendants may decide not only the plaintiff, but the court itself in those cases where it is impossible to consider the case without the participation of a co-defendant. This rule applies to all kinds of obligations of the subjects: shared, solidary, subsidiary. 

Keywords: Code of Civil Procedure of the Russian Federation; comments of legislation; persons participating in the case; legal representation.


Information about the author 

   Ruzakova O.A. (Moscow) – Deputy Chief of Staff Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation, Doctor of Legal Sciences (109012, Moscow, Okhotny Ryad st., 1; e-mail: [email protected]).

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O.A. Ruzakova