Egorova Lyubov Vladimirovna Persons, filing a counter-claim

Abstract: The article is devoted to the subjects of the counter-claim, namely, to the question on who may file a counter-claim. The author analyzes the positions among the scholars on filing the counter-claim by the «new» persons. In particular, the author analyzes two topical Issues, that is whether a counter-claim may be filed by a respondent and a person, who did earlier was not a party to the case, and whether the counter-claim may be filed against claimant and a person, who earlier was not a party to a case. The author analyze the issue on whether the third parties, who have an independent claim towards the object of the legal dispute (interveners of right) and the third parties who do not have such a claim (interveners) may present counter-claims, and whether the counter-claims may be brought against them. The author also evaluates the question on whether the prosecutor may file a counter-claim, when participating in the civil process in two forms provided by the law. Namely, based upon the analysis of the current legislation and judicial practice, the author analyzes the issues of whether the prosecutor has a right to file a counter-claim to protect the rights and interests of other persons (that is whether the prosecutor may join the case with a counter-claim, if he did not previously participated in the case), and whether the prosecutor may change the form of his participation in the cases where he is involved in order to obtain his opinion on the case, and file a counter-claim In order to protect the interests of the respondent in a case. The author also provides proposals on improvement of the legislation, and evaluates the issue of the possibility of a counter-claim against a counter-claim.

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