CONCEPT AND LEGAL NATURE OF PROCEDURAL SUCCESSION

Abstract

The article is devoted to the study of aspects of the legal nature of the institute of procedural succession in civil procedure, the definition of the concept of civil procedural succession, and the study of the grounds for its occurrence. In the course of the study, the author formulates the concepts of “civil procedural succession”, “prerequisites for civil procedural succession” and “content of civil procedural succession”. The works of Ukrainian scientists and their approach to defining the concept of “civil procedural legal succession” are analyzed. Practitioners and modern civilists often use the category of succession to explain legal processes that may have nothing to do with succession. In civil law, succession is aimed at regulating legal relations which result in the termination of the rights and obligations of one person and the emergence of the same in terms of the rights and obligations of another person. Like the replacement of an improper party, procedural succession means a change in the existing composition of the parties to the dispute. Procedural succession can be defined as a replacement of a party or a third party in disputed or established by the court legal relations due to a change in the subjects of law or duty in material legal relations. A party may cease to participate in the trial for various reasons, but procedural succession occurs only if there is succession in material legal relations. Procedural succession has certain features that depend on the status of the participant in the process, the totality of procedural rights and obligations vested in the parties. Procedural succession is possible only when the successor proves to the court and other participants in the process that he has the right to acquire the procedural position of the subject whom he intends to replace. Procedural successors acquire all unrealized procedural rights of the predecessor at the time of entry into the case and, based on the principle of dispositivity, can freely implement and dispose of them.