On the legal personality of a court in a procedural legal relationship
https://doi.org/10.21869/2223-1501-2025-15-6-89-98
Abstract
Relevance. The doctrine of legal personality of participants in legal proceedings is still in demand in civil law. In Roman law, the issue of a judge as a subject of legal relations was already raised. The author considers it necessary to conduct a more in-depth and comprehensive study of the legal status of such a subject as a court (judge) in order to determine the features of legal personality as a condition for participation in procedural legal relations.
Purpose. It consists in forming a holistic scientific understanding of the unity of public interest and the protection of private interest within the framework of public order by the court in the exercise of its legal personality.
Objectives: to determine the contradictions of the doctrine on the legal personality of the court in the civil process; to identify the signs of the legal personality of the court as a participant in procedural legal relations; to establish the duties of the court (judge) in the framework of the implementation of its legal personality.
Methodology. The study was prepared using methods of analysis, description, generalization, formal legal, and systemic.
Results. The results presented in this study are the author's vision of the legal status of the court (judge) in the judicial process. The author argues that the legal personality of the court (judge) stems from the law, as a body of state judicial authority, as a subject of general regulatory legal relations. The right of the court (judge) to resolve a legal conflict is also its duty.
Conclusion. The article focuses on eliminating the one-sidedness of the study of the legal status of the court (judge), when only its rights are discussed. By increasing the focus of scientific research on the obligatory aspects of its activities, it can influence the professional training of judges as obligated public servants.
About the Author
P. M. FilippovRussian Federation
Pyotr M. Filippov, Doctor of Sciences (Juridical), Professor, Leading Researcher of the Scientific and Educational center “Civilist”, Honored Lawyer of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation
Kursk
References
1. Petrova A. I. On the Problem of a Child's Legal Personality in Different Periods of Childhood. Pravo i praktika = Law and Practice. 2023;(4): 208-216. (In Russ.)
2. Tarusina N. N., Koneva E.V., Simonova S.V. Legal Personality of a Child: Actualization of Opportunities and Their Implementation. Pravoprimenenie = Law Enforcement. 2023;(1): 155-164. (In Russ.)
3. Khorosheva N. A. Civil procedural legal capacity of minors: a theoretical and conceptual approach. Agrarnoe i zemel`noe pravo =Agrarian and Land Law. 2023;(3): 123-125. (In Russ.)
4. Dolinskaya, V. V. Problems of Subjects and Legal Personality in Family Law. Vestnik Universiteta imeni O.E. Kutafina (MGYuA)= Bulletin of the Kutafin University (MSAL). 2023;(5): 58-67. (In Russ.)
5. Medvedev A. I. The concept of legal personality of artificial intelligence in Russian legal science: a critical analysis. Nauchny`j component = Scientific component. 2022;(1): 40-55. (In Russ.)
6. Kirillova E. A., Zulfugarzade T. E. On the Issue of Legal Personality of Artificial Intelligence. Imushhestvenny`e otnosheniya v Rossijskoj Federacii= Property Relations in the Russian Federation. 2024;(4): 76-80. (In Russ.)
7. Borzenkov P. E. On the Issue of Artificial Intelligence's Legal Personality in the Paradigm of Russian Legislation. Voprosy` rossijskogo i mezhdunarodnogo prava = Issues of Russian and International Law. 2025;(1-1): 305-311. (In Russ.)
8. Moskalenko S.P., D.E. Rogoznaya Civil Legal Personality of Artificial Intelligence. Zakon i pravo = Law and Law. 2022;(8): 350-253. (In Russ.)
9. Matuzov N.I. Legal System and Personality. Saratov: Saratov University Press, 1987. 293 p.
10. Ioffe O.S., Musin V.A. Fundamentals of Roman Civil Law. Leningrad, 1974. 155 p.
11. Chechina N.A. Civil Procedure Relations. Leningrad: Leningrad University Press, 1962. 68 p.
12. Kozlov A.F. Subjects of Soviet Civil Procedure Law under the Fundamentals of Civil Procedure and the New Civil Procedure Codes of the Union Republics. Sovetskoe gosudarstvo i pravo = Soviet State and Law. 1965;(6): 100-106. (In Russ.)
13. Zhilin, G.A. The Court of First Instance in Civil Procedure. Moscow: Yurayt-M, 2001. 327 p.
14. Nefediev E.A. Textbook of Russian Civil Procedure. Krasnodar: Sovetskaya Kuban, 2006. 472 p.
15. Verber K. The Definition of the Public Order in Russian Domestic Law through French Law. Rossijskij ezhegodnik grazhdanskogo i arbitrazhnogo processa = Russian Yearbook of Civil and Arbitration Procedure. 1965;(1): 277. (In Russ.)
16. Filippov P.M. Judicial Protection and Justice in the USSR. Saratov: Saratov University Press, 1987. 180 p. (In Russ.)
17. Matuzov N.I. Actual Problems of the Theory of Law. Saratov: Saratov State Academy of Law, 2003. 510 p.
18. Volpenko N.N. Essays on the General Theory of Law. Volgograd: Volgograd State University Press, 2009. 896 p.
19. Grevtsov Yu.I. Problems of the Theory of Legal Relations. Leningrad: Leningrad State University, 1981. 83 p.
20. Vengerov A.B. Direct Action of the Constitution: Legal, Social, and Psychological Aspects. Obshhestvenny`e nauki i sovremennost` = Social Sciences and Modernity. 1995;(5): 48-55. (In Russ.)
Review
For citations:
Filippov P.M. On the legal personality of a court in a procedural legal relationship. Proceedings of Southwest State University. Series: History and Law. 2025;15(6):89-98. (In Russ.) https://doi.org/10.21869/2223-1501-2025-15-6-89-98
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