The Procedural Role of Participants in the Civil Procedure and the Function of the Banking System in Securing a Claim
Year: 2025
Type: article
Abstract: The paper examines the procedural distribution of roles among the participants in a dispute and other individuals whose rights and obligations may be affected by the implementation of the institute of securing a claim in civil procedural law. The author analyzes the degree of activity of the court and the parties involved in the case when considering the merits of the case and when taking protective measures, in relation to the theories of civil and arbitrazh process construction and the degree of truth-seeking in the case. The author draws conclusions regarding the rules for assessing the grounds for securing a claim in related obligations, using banking legal relations as an example. It is highlighted that the tasks of the court are not limited to resolving disputes but also aim to strengthen legality and prevent violations of the law. To achieve these objectives, the author proposes to introduce a mechanism for improving procedural legislation regulating application of the institute of securing a claim. This mechanism partially alters the rules for the distribution of powers among participants of court proceedings when a claim is secured. It is justified that these changes do not contradict the modern adversarial model of court proceedings due to the public law nature of the corresponding tasks of the court. It has been revealed that banks and other credit organizations can perform an auxiliary function in this context.
Source: Rossijskoe pravo onlajn
Author: S. V. Gavrichkov
Institutions: Russian Academy of Sciences, Institute of State and Law
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409343795