Council in civil proceedings

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The article considers the institution of civil procedural capacity, which is one of the foundations of civil procedural law, in which the realization by citizens of the constitutional right to judicial protection of rights, freedoms and legitimate interests is mediated. Civil procedural capacity, regulated by the norms of the Civil Procedure Code of the Russian Federation, has a significant difference, which consists in separating the right to entrust the conduct of a case in court to a representative from other procedural rights of a person participating in the case. This feature largely determines the specifics of the enforcement of this legal institution. The author proposes a classification of civil procedural capacity, which is based on the criteria of age, scope of procedural rights and obligations of persons participating in the case, as well as the presence of special conditions.

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Civil procedural capacity, court, minors, incompetent, legal representatives, age, procedural rights

Короткий адрес: https://sciup.org/170193356

IDR: 170193356

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