LEGAL CONSEQUENCES OF PROCEDURAL VIOLATIONS RELATED TO THE INVOLVEMENT IN THE CASE OR ENSURING THE PARTICIPATION IN THE COURT PROCEEDINGS OF SOME PARTICIPANTS IN CIVIL PROCEEDINGS

Abstract

This article analyzes the types of participants in civil proceedings as persons participating in the case and persons assisting in the administration of justice, and highlights the scope and degree of influence on court decisions as a result of procedural violations related to the involvement of persons participating in the case or ensuring their participation in the trial. The author states that the above-mentioned procedural errors in civil procedural legislation are considered as a serious basis for the cancellation or amendment of a decision. In particular, based on the theoretical views of domestic and foreign legal scholars and the analysis of civil procedural legislation of domestic, Commonwealth and foreign countries, the author proposes that persons participating in the case, who have the right to participate in the trial by the court, but are not notified of the time and place of the court session, as well as other persons (persons assisting in the administration of justice) do not create this basis. Also, during the analysis of the cancellation of the decision as a result of the court's decision on the rights and obligations of persons not involved in the case, it was stated that it is necessary to include persons (parties, third parties, and other interested parties) who protect their subjective rights and interests in these persons. As a result of the above analysis, the expediency of amending the relevant clauses of Article 372⁴ of the Civil Procedure Code of the Republic of Uzbekistan, including in the second clause of the second part of this article, in order to clarify the circle of persons and eliminate misunderstandings in practice, the replacement of the concept of “persons” with the concept of “persons participating in the case” is justified, and general theoretical conclusions are presented.