On the Need for the Unification of Provisions of the Institution of Parties to a Case in Procedural Branches of Russian Law

Abstract

The article provides a comparative characteristic of the institution of persons participating in the case, three branches of Russian law: civil procedural, arbitration procedural and administrative procedural law. The greatest similarity of institutions is observed in the RF CPC and RF APC. However, neither in the Code of Civil Procedure of the Russian Federation, nor in the Arbitration Procedure Code of the Russian Federation, among the persons participating in the case, the recoverer and the debtor in cases on the issuance of a court order are not named. The content of the norms of the CAS RF, at first glance, allows us to conclude that the decision on the composition of persons participating in the case is quite logical and agreed with the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. However, the analysis of the norms of this institution within the framework of the CAS RF leads to the opposite result: the author considers it incorrect to use the terms “parties”, “plaintiff”, “defendant” in relation to participants in legal proceedings when considering “public cases”. An assessment of the institution of persons participating in the case in cases of administrative offenses is given.