Civil Procedural Capacity: Classification and Legal Regulation Features

Abstract

Based on the analysis of the existing practice of general jurisdiction courts the article critically examines the institution of civil procedural capacity, which is one of the foundations of civil procedural law that mediates the citizens' exercise of the constitutional right to judicial protection of rights, freedoms and legal interests. Civil procedural capacity, regulated by the rules of the Civil Procedure Code of the Russian Federation, has a significant difference, which consists in isolating the right to entrust a case to a representative from other procedural rights of a person participating in the case. This feature largely determines the specifics of the application of this legal institution. The author proposed a classification of civil procedural capacity, based on the criteria of the age, the volume of procedural rights and obligations of persons involved in the case, as well as the presence of special conditions. The study makes it possible to identify significant problems of legal regulation of the institution of civil procedural capacity, its ambiguous interpretation, as well as multi-directional development of the relevant practice of courts of general jurisdiction.