Prerequisites for state participation in civil procedural legal relations

Abstract

This article analyses the procedural aspects of state participation in civil procedural legal relations. The article analyses the relationship between the preconditions for the emergence of civil procedural legal relations and the grounds for their emergence. It is determined that the grounds for the emergence of civil procedural legal relations are one of the preconditions for their emergence.
It is determined that the prerequisites for the emergence of civil procedural legal relations are the norms of civil procedural law, procedural legal capacity and procedural legal facts. At the same time, it is noted that the prerequisites for the emergence of civil procedural legal relations are also prerequisites for the participation of certain legal entities, including the state, in such legal relations.
It has been determined that the prerequisites for the state’s participation in civil procedural legal relations are also the norms of procedural law, procedural legal capacity, and procedural legal facts. In particular, the norm of civil procedural law defines the range of cases that can be considered in civil proceedings with the participation of the state, court procedures, as well as the procedural legal status of the state as a participant in civil proceedings. As the bearer of civil procedural legal capacity, the civil procedural legal capacity of the state is exercised through its authorised bodies (Part 4 of Article 58 of the Code of Civil Procedure of Ukraine) and, in certain cases, through the relevant officials (Parts 4 and 5 of Article 56 of the Code of Civil Procedure of Ukraine). Analysing procedural legal facts as a prerequisite for the state’s participation in civil procedural legal relations, it was concluded that in this case, it should be precisely the legal composition that is a prerequisite for the state’s participation in such legal relations.