Bozhko M. Third parties in the civil process of Ukraine

Dissertation for the degree of Doctor of Philosophy in specialty 081 «Law». – National Academy of Internal Affairs, Kyiv, 2024. The dissertation is a comprehensive scientific study of the institute of third parties in the civil process of Ukraine. The general theoretical and methodological principles of the study of the institute of third parties in the civil process of Ukraine are defined. The state of scientific development has been established and the research methodology of the institute of third parties in the civil process of Ukraine has been characterized. The evolution of the legal regulation of the institution of third parties in the civil process of Ukraine is traced. The institution of third parties in the civil procedural legislation of other states has been studied. It has been established that the evolution of the legal regulation of the relevant procedural institute consistently covers the following stages: 1) the origin of the legal regulation of the institution of third parties in the norms of Roman private law, which was characterized by the legal regulation of the possibility of a third party filing an independent claim and an appeal in cases where the court decision in the case violated his rights, freedoms or interests (I cent. – V cent.); 2) further development of the legal regulation of the institution of third parties in the Middle Ages, the feature of which was the absence of special means of legal protection of the rights of third parties who did not participate in the case. At the same time, such third parties were granted the right to apply to general methods of protection of rights, freedoms or interests, on an equal footing with the parties to the process (V cent.– beginning of the XIX cent.); 3) legal regulation of the institution of third parties by the norms of the civil procedural legislation of other countries, which was accompanied by the regulation of the legal status and the procedure for joining the case of the specified subjects of civil procedural legal relations (XIX cent. – 1963); 4) the development of the legal regulation of the institution of third parties in the norms of the Soviet civil procedural legislation, a feature of which was the legal regulation of the specifics of the participation of third parties in labor disputes (1963–2004); 5) legal regulation of the institution of third parties by the norms of modern civil procedural law, which is characterized by the legislative definition of a number of subjects who are potential acquirers of the civil procedural status of third parties who do not make independent claims in the categories of cases defined by law, as well as establishing the legal consequences of non-involvement in the case of such third parties (2004 – until now).