Third parties making independent claims regarding the subject of the dispute

Legal justification for participation in the case

What are the main reasons why third parties appear in civil proceedings?
This is, firstly, the desire to prevent recourse to them in the future. The next fairly common reason is the desire to achieve the outcome of the case in one’s favor. In such cases, as a rule, proceedings have already begun. Gr. S. sues gr. G. demanding the return of the motorcycle. Gr. F., having learned about this, enters into action with his own demands to hand over the vehicle to him. The justification is the ownership of the motorcycle belonging to gr. F.

There are situations when it is necessary to preserve what third parties received in a civil proceeding in another case. If the second wife makes demands for the recovery of alimony from her husband in favor of 2 children, the first wife of the defendant is involved, who is already receiving money from him for the maintenance of three children.

If the claim is satisfied, the amount of payments for children of the first marriage will be less. In this case, the first wife can prove that the demands are fictitious (to maintain the amount of alimony) by presenting evidence that the plaintiff and the defendant live together and are raising children. If the claim is rejected, payments will remain the same.

The basis according to which third parties enter into the proceedings is that all parties to the process are bound by the same legal relations. This production has its own specifics. In all cases where a new participant challenges the rights of the original defendant and plaintiff to the subject matter of the case, the responding party against whom a new claim is brought is represented by two persons.

Thus, the subject composition of the proceedings changes. A third party cannot act as a co-plaintiff because its claims not only differ from the claims of the original plaintiff, but also exclude them. However, it should not be assumed that in all cases the new participant in the proceedings addresses his application to both parties. There are situations when a third party makes claims against only one participant. In this case, the interests of the second party are not affected.

Subpoena as a third party, what does a third party mean?

Third parties are not a party (parties: plaintiff and defendant), i.e. no requirements are imposed on them. They only support one of the parties or make independent demands.

how to behave? In principle, you don’t have to appear at the trial—nothing will change whether you participate in the process or not.

Can the insurance company then ask me for legal costs and payment for repairs or will the insurance pay off this? You are called as a third party, because... The court's decision may affect your interests.

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Dear Lyudmila, Lipetsk!

Federal Law of December 30, 2008 312-FZ) (see.

text in the previous edition) Article 42 of the Code of Civil Procedure defines third parties declaring independent claims regarding the subject of the dispute, and the procedure for their entry into the case: 1. Third parties declaring independent claims regarding the subject of the dispute may intervene in the case before a court decision is made by the court of first instance. They enjoy all the rights and bear all the obligations of the plaintiff.

In relation to persons making independent claims regarding the subject of the dispute, the judge issues a ruling recognizing them as third parties in the case under consideration or refusing to recognize them as third parties, against which a private complaint can be filed. 2.

Hello, based on the questions you asked, we can clarify the following.

Based on the text of your question, it becomes obvious that you are being summoned to court as a third party who does not make independent claims regarding the subject of the dispute.

A court ruling is issued regarding the entry into the case of third parties who do not make independent claims regarding the subject of the dispute. Thus, you are not a direct party to the case, but you have the right to get acquainted with the case, make motions, participate in the consideration of the dispute, give your explanations to the court, etc.

Essentially, third parties are involved in the event that a court decision could potentially somehow affect their rights. By virtue of Art. 167 of the Code of Civil Procedure of the Russian Federation, persons participating in the case are obliged to notify the court of the reasons for failure to appear and provide evidence of the validity of these reasons.

Also, the plaintiff or defendant can independently file a petition with the court on the need to include a third party in the trial.

Argunov V. Participation in civil proceedings of third parties with independent requirements // Sov. Justice, 1983, No. 8.

Knyshin V., Treushnikov N. Civil process in questions and answers: Textbook - Donetsk: Academy, 1998.
Civil process.
Textbook for universities / Ed. Prof. M.K. Treushnikova. — 2nd ed. additional.
and corr. - M: "Spark", 1998.
Read also: Managing organizations for SNT

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Textbook of civil procedure. E.V.

A third party is a person who has entered into litigation and has his own legal interest in it.

This is my first time doing this, so please forgive me if I write something wrong. I signed for the summons, and it says that for failure to appear I will be punished - fines and so on, in addition, I am honestly afraid that responsibility and monetary payments to the plaintiff may be “shifted” onto me, so I ask you to help me clearly formulate my answer . This is my first time doing this, so if you don’t mind, please tell me a link or a sample of such an answer.

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2. Can all the money be pinned on me because of my absence if RESO doesn’t show up/refuses to pay? 3. Is it worth filing a petition to involve RESO instead/for me, although it has already been appointed as a defendant?

I don’t want to mess around with sick leave and other things - I really live in another city. Attach a certified copy of the policy 2.

What does your opinion about the place of consideration of the case have to do with this?

Did someone ask you about this? Look not only at your feet, but also raise your head a little higher. Look not only at your feet, but also raise your head a little higher. I ask you to involve the Investigative Committee for all future demands already presented? o_0 Please involve the Investigative Committee for all future claims already presented?

o_0 you have the right to petition, make challenges, change demands. The fact that you are involved as a third party who does not make independent claims regarding the subject of the dispute means that NO demands are presented to you and cannot be presented within the framework of this process. Since the amount of damage was, according to you, less than 120,000 thousand.

The spouse's obligations to third parties do not prevent the division of jointly acquired property.

The Supreme Court assessed the legality of the settlement agreement between the former spouses, one of whom became bankrupt after the agreement was approved (Determination of the Supreme Court No. 5-KG20-69-K2 of September 1, 2020).

The creditor challenged the settlement agreement several years later

After a divorce from Igor Mavlyanov, his ex-wife, Stella Mavlyanova, filed a claim with the Meshchansky District Court of Moscow for the division of jointly acquired property. During the consideration of the case, the parties managed to reach an agreement; in February 2015, the first instance approved the settlement agreement and terminated the proceedings.

In February 2021, Igor Mavlyanov was declared bankrupt. After this, one of his creditors, Gazprombank, managed to restore the deadline for appealing the ruling on approval of the settlement agreement. In private complaints, financial manager Mavlyanova and the bank referred to the fact that, according to the settlement agreement, Stella Mavlyanova received all jointly acquired real estate, and Igor Mavlyanov received illiquid property - shares in the authorized capital of companies that became bankrupt or are being liquidated.

In December 2021, having listened to these arguments, the Moscow City Court returned the case for a new trial. According to the appeal, the first instance should have found out whether the terms of the settlement agreement violated the rights of the ex-spouse’s creditors. In addition, it was necessary to assess the common property and determine the value of the property transferred to each of the parties to the settlement agreement in order to ensure an “equal division,” the Moscow City Court emphasized. The judge of the Second Cassation Court of General Jurisdiction agreed with this approach.

However, the Judicial Collegium for Civil Cases of the RF Armed Forces came to a different conclusion. Referring to a number of articles of the Family Code, the Court recalled that the disposal of joint property is carried out by spouses, including former spouses, at their personal discretion.

In canceling the ruling on approval of the settlement agreement, the Moscow City Court pointed to the unequal division of property between the spouses. “However, the current family legislation, in the absence of a dispute between spouses, does not contain a prohibition on dividing property unequally,” the Supreme Court emphasized. Moreover, he noted, when canceling the settlement agreement approved in 2015, the appeal took into account the financial condition of the organizations (shares in the authorized capital of which Igor Mavlyanov received) not as of the date of approval of this agreement, but for 2021.

Regarding the statement about the assessment of property, the Supreme Court recalled that in accordance with Part 1 of Art. 8 of the Law on Valuation Activities, the valuation of the common property of spouses is mandatory only if there is a dispute about its value. In the absence of such a dispute, no assessment is made, the Court emphasized.

At the same time, according to the Supreme Court, the conclusions of the appeal and cassation about the violation of the rights of creditors are untenable. Thus, he explained, the first instance, when approving the settlement agreement, did not identify Igor Mavlyanov’s outstanding obligations. In addition, the banks, in whose interests the financial manager appealed the approval of the settlement, in response to a request from the district court, reported that they had no claims against Mavlyanov. The appeal, in turn, referred to the presence of multiple obligations of Igor Mavlyanov, both under personal loans and under guarantee agreements.

“However, the mere existence of obligations of one of the spouses to third parties does not prevent the division of jointly acquired property; family law does not contain such restrictions,” the Supreme Court concluded. Meanwhile, the former spouses argued that the agreements on the basis of which the creditors' claims arose were not transactions for the disposal of common property. Some of these agreements are related to Igor Mavlyanov’s personal obligations under surety agreements, and some were concluded after the divorce.

The Supreme Court also drew attention to the fact that, according to the Moscow City Court, the settlement agreement between the spouses violated the rights of Promsvyazbank. However, the judicial panel emphasized, the first instance attracted the bank to participate in the case as a third party and it did not object to the peace agreement.

On this basis, the decisions of appeal and cassation were canceled, and the case was sent for a new trial to the Moscow City Court.

Expert opinion

Lawyer of the Moscow AB "Infralex" Irina Zimina believes that in this case, of particular interest is the attention of the Supreme Court to fundamentally important details that the lower authorities did not pay attention to, but which were decisive for the consideration of this dispute: the date of conclusion of the settlement agreement, the presence claims and demands from creditors on the date of conclusion of the settlement agreement, as well as the existence of a dispute between spouses regarding the value of their common property.

Lawyer, head of the bankruptcy group at Kachkin and Partners Law Firm Alexandra Ulezko noted that since the financial manager appealed the approval of the settlement agreement in the interests of the bankruptcy estate, the actions of the creditors who were involved in the case and had the opportunity to express their procedural position on the merits dispute are of significant importance. “Otherwise, legal certainty would be violated, which is hardly achieved in disputes complicated by the bankruptcy of one of the parties,” the expert believes.

In addition, she added that in this case the division of property was not clearly unfair: “As a result of the approval of the settlement agreement, all real estate was transferred to the ownership of the wife, and the property in the form of shares in the authorized capitals of the companies was transferred to the ownership of the husband, who subsequently became bankrupt . The fact that these companies subsequently became bankrupt does not indicate an unequal division if their insolvency did not exist at the time of the conclusion of the settlement agreement.”

Lawyer of the Moscow Region Administrative Office Valentina Yashchenko noted that this definition gives an affirmative answer to the question of the possibility of spouses exercising the right to division of common property acquired during marriage outside the framework of the bankruptcy case of the debtor spouse. Today, the allocation of a spousal share within the framework of a bankruptcy case often turns into a long wait by the second spouse for payment of the cost of his share; the waiting period is often equal in duration to the entire period of consideration of the bankruptcy case, the expert pointed out.

Third parties in civil proceedings: concept and types

The classification is carried out according to the degree of interest of the participants. Thus, third parties in civil proceedings can be of the following types:

Making their own demands.
Not making independent claims.

Third parties in civil proceedings, the concept and types of these participants are quite clearly described in the Civil Procedure Code. The party making the claim is specified in Art. 42. The second category is described in Art. 43.

Let's look at the common features of third parties. Thus, third parties are those persons participating in the case who enter into the initiated civil process and have a certain legal interest in the outcome of the case due to the influence of the court decision on their rights and obligations. The importance of the participation of third parties in civil proceedings is determined by a number of circumstances.

Firstly, this is the path to a correct and reasonable resolution of the case, as it allows you to establish all the circumstances of the case, collect together and examine all available evidence. Secondly, this is a means of procedural economy, since when considering, for example, recourse claims, there is no need to re-establish the facts reflected in the decision on the original claim.

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Rights and obligations that disinterested participants in the process have

Participants in the proceedings who are not interested in the outcome of the case under consideration may enjoy the same rights and obligations as all other participants in the proceedings.

An exhaustive list of rights has been defined that a third party who is not interested in the outcome of the case cannot have.

In accordance with the norms of the Arbitration Procedural Code of the Russian Federation, such rights include:

the right to amend the basis and subject of the claim to be considered in court;
the right to make changes regarding the amount of stated claims;
issuance of refusal of the statement of claim;
confirmation of the claim;
the right to conclude a settlement agreement between the parties;
the right to file a counterclaim against the other party;
the right to demand the forced execution of a judicial act issued in strict accordance with the current rules regulated at the legislative level.

In this case, a third party who takes part in the consideration of the case, but does not make any independent demands regarding the subject of the dispute, can familiarize himself with all the materials of the case, take an active part in the discussion and make all kinds of extracts.

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Non-claimants

Such third parties include entities who enter into already ongoing proceedings by filing a statement of claim on a general basis. The purpose of participation is to protect one’s own legitimate interest. It consists in the desire to achieve an award of the subject of the dispute or recognition of the right disputed by the original parties.

In Art. 43 of the Code of Civil Procedure provides that third parties have the opportunity to intervene in ongoing proceedings if its outcome may affect their obligations and rights in relation to any party. For example, if an item of clothing goes missing from the wardrobe, the person responsible for the safety of things (wardrobe) is interested in participating in the consideration of the case regarding the claim of the visitor (owner) to the theater.

In this case, a third party enters into the process in order to prevent a recourse claim from being brought against him if the initial requirements are satisfied. That is, the amount (in whole or part) of compensation to the visitor may be deducted from the responsible person. As can be seen from the example, the third party has no independent requirements.

Division of third parties into separate groups

Arbitration legislation defines two types of third parties participating in the process.

A person acts as a subject making a claim on a disputed subject. It takes part in the process because it considers itself the legal owner of the subject matter in relation to which the dispute is being carried out. During the trial, the person protects his own interests by speaking out about the claims made against him.
A third party who does not put forward his own demands during the legal proceedings. This subject is involved in the consideration of the case due to the fact that the decision made by the court may harm its interests.

Consequently, such persons are understood as full-fledged participants in the arbitration process, who are the intended subjects of relations directly related to the subject of the dispute.

Nature of the relationship

It is specified in several provisions:

If a third party addresses independent demands to two original participants, and the plaintiff renounces the claims, the claim brought by the intervening party remains the subject of consideration. The outcome of the case may be a settlement agreement. Its subjects in this case will be, on the one hand, the original plaintiff (who became the defendant) and the defendant, and on the other, a third party. Approval of the agreement in such a situation is considered grounds for the complete termination of the proceedings.
If claims are made only against the plaintiff, then the refusal of the second to claim against the defendant entails the completion of the proceedings in this part. In this case, the latter is released from participation in the case. The original plaintiff, in turn, becomes the defendant. A settlement agreement may also be approved as an outcome of the case. In this case, consideration is terminated completely.
If a third party has made claims only against the defendant, and the plaintiff withdraws his claims, the proceedings in this part are terminated, but the defendant remains in the process, appearing as such before a new participant. At the same time, the law provides for the plaintiff’s withdrawal from the proceedings

How to compose

When drawing up an application to attract a third party to participate in the case, the following structural and content features should be adhered to: