PREREQUISITES AND GROUNDS FOR PROCEDURAL SUCCESSION. SEPARATE THEORETICAL-PRACTICAL ASPECTS

Abstract

The article covers certain aspects of civil-procedural succession in the proceedings. The grounds and prerequisites of civil procedural succession are investigated. The article is devoted to the analysis of legal norms regulating the grounds of legal succession (civil and procedural). The legal consequences of succession (suspension of proceedings, closure of proceedings, refusal to open proceedings, replacement of the party of enforcement proceedings, in the event of termination of a legal entity or in the event of the death of an individual or declaring him dead) were analyzed. It is established that due to the prerequisites of civil procedural succession, the subject composition of participants in civil proceedings is variable, and therefore all rights and obligations or part of them are transferred to the successor, who acquires the status of his predecessor. On the basis of court decisions of the appellate and Supreme Courts, including the Grand Chamber of the Supreme Court, the cases of legal succession of a legal entity to its rights and obligations, replacement of creditor and debtor in an obligation were investigated. Emphasis is placed on the evidence by which the party confirms its acquisition of the rights and obligations of the party that has dropped out of the process, with the opportunity for other participants to provide relevant explanations, and which must be examined by the court in the court session and taken into account when issuing a court decision on replacement or refusal in the satisfaction of the application for replacement of the party by the legal successor. The court must check the documents submitted by the legal successor or other interested person for their compliance with the requirements of the Civil Code of Ukraine and other regulatory and legal acts of the current legislation of Ukraine at the time of the emergence of disputed legal relations. In particular, attention is drawn to the fact that, in any case, the court first examines the question of whether the disputed legal relationship allows legal succession, and only then proceeds to examine the documents provided by the participant in the case (the legal successor) to confirm the transfer of the rights and obligations of the abandoned party to him.