Procedural aspects of determining participants in certain categories of cases on recognition of unjustified assets and their recovery to the state revenue

Abstract

The article is devoted to determining the circle of participants in cases arising out of contracts in favour of third parties, the legal structures of which may in some cases mediate the emergence of unjustified assets in persons authorised to perform the functions of the State or local self-government. In particular, the author analyses the legal nature of a contract in favour of a third party. It is determined that a contract in favour of a third party is a contract in which the debtor is obliged to fulfil its obligation in favour of a third party, which is or is not specified in the contract. The author concludes that these agreements may mediate the emergence of a claim of persons authorised to perform the functions of the State or local self-government.
The author analyses the legal nature of the civil forfeiture institute in civil proceedings. The author identifies the features that are characteristic of this legal institution.
The article analyses the provisions of Chapter 12 of the Civil Procedural Code of Ukraine to determine the range of participants in cases of recognition of unjustified assets and their recovery into the state revenue. It is determined between whom the dispute about the right arises in the analysed legal relations. Various legal situations are modelled and analysed to determine who can be parties and who can be third parties who do not claim to be parties to the dispute.
As a result, it is concluded that the plaintiff in these cases is the state of Ukraine, and the defendant is a third party in whose favour the contract was concluded (such a person is a person authorised to perform the functions of the state or local self-government); and a party that enters into an agreement in favour of a person authorised to perform the functions of the state or local self-government is a third party that does not assert independent claims on the subject matter of the dispute on the side of the defendant.