REPLACEMENT OF THE INELIGIBLE RESPONDENT - THE PROCEDURAL TOOL FOR EFFICIENCY AND JUSTICE OF THE CIVIL LITIGATION

Comparative analyze of civil procedure regulation in the Baltic states and Russian federation

Abstract

The author’s research subject is available procedural instruments for the efficiency of civil procedure and its improvement and development. The human rights are worldwide aknowledged and include the rights of fair trial and as well as proper procedural regulation is one of component of  it.  The author of the article researches and comparing the civil procedure regulation and its efficiency in the Baltic States and Russian Federation. The Baltic States historically have been connected with Russia, therefore, the heritage and roots of the model of the civil regulation and procedural rights come from Russia and a lot of procedural regulation are similar. The procedural tool - replacement of the ineligible respondent for a claim is useful for the civil procedure to release the person from participation in civil trial proceedings in case the person obviously (according to written evidence and law regulation) couldn’t be the respondent for the case. According to the author’s point of view, a person should have rights to be excluded from litigations which are not related to the person and the target is the efficiency of the process and the fair judgement. Even the different European and Scandinavian scientific researchers point out that the role of a judge should be active and a judge should protect the litigants from the possible mistakes and realize it during the preparatory stage of the process. This article is useful for everyone who is interested in the development of tendencies of the civil procedural rights and its efficiency.