Third parties are persons personally interested in the outcome and result of a controversial case being considered in court^[1]. As a rule, in legislation, third parties are divided into two groups, these are: third parties making independent claims; third parties who do not make independent claims^[2].

The Economic Procedural Code of the Republic of Uzbekistan establishes the legal status of third parties in two articles 47 and 48. Before moving on to the analysis of these articles, we will consider the opinions of lawyers regarding the participation of third parties in legal proceedings^[3].

The inclusion of third parties in judicial proceedings is determined by the civil legal aspects of the dispute itself^[4]. According to the Economic Procedural Code of the Republic of Uzbekistan, the economic court has jurisdiction over disputes arising from civil legal relations. It is not uncommon for contracts to affect the rights and obligations of third parties^[5]. Any agreement that contains elements of entrepreneurial activity, one way or another, includes the participation of third parties. Such agreements may be an agreement in favor of third parties, contracting, transportation, contracting, etc. In addition, the Civil Code of the Republic of Uzbekistan provides for the fulfillment of contractual obligations by a third party.

Scientists and lawyers are inclined to believe that third parties are subjects primarily of substantive law, and only then of procedural law due to the fact that during the proceedings they acquire the status of plaintiff or defendant^[6].

We indicated above that there are two types of third parties. They can declare their demands themselves or not. If a third party makes independent claims, he acts in the case as a plaintiff or defendant^[7].

Some scholars believe that in this situation, the actions of a third party making independent demands can be interpreted in three ways:

– firstly, a third party submits a claim to the plaintiff, thereby acquiring the legal status of a defendant;

– secondly, a third party submits a claim to the defendant, thereby acquiring the legal status of a plaintiff;

– thirdly, a third party submits a claim to both the plaintiff and the defendant^[8].

We adhere to the third method, since it is this aspect that distinguishes third parties filing independent claims from co-plaintiffs and co-defendants.

According to the rules established by law, third parties have the right to intervene in the case before the court of first instance makes a decision. The rights and obligations in this case are the same as those of the plaintiff, except for the pre-trial procedure for resolving the dispute^[9]. This means that third parties filing independent claims are not obliged to send a letter of claim. Such a norm in the legislation is determined by the fact that a third party making an independent claim enters into an already initiated case, and compliance with the procedure for pre-trial settlement of the dispute does not make sense. It is important to note the main gap in the Economic Procedure Code, namely the absence of a rule regulating the procedure for a third party to enter into a case^[10]. In the Civil Procedure Code of Germany, the regulation of the issue of participation of third parties in legal proceedings is regulated in Chapter 3. German legislators provide for the procedure for filing an application by a third party making independent claims. For example, a written statement must be given to both parties (plaintiff and defendant), and must contain the following:

– information about the parties and the legal dispute;

– reasons for interest in the controversial case;

– declaration of accession.

The next gap in national legislation is the absence of a rule dictating the procedure for conducting a court case when an application is received from a third party making independent claims. According to the German Civil Procedure Code, upon receipt of an application from a third party, the trial is suspended (Article 65). We don’t know exactly how a judge should act in such circumstances. Courts in Germany, after suspending proceedings, are required to conduct a hearing with a third party to determine whether there is a legitimate interest in the dispute being resolved^[11]. If there is no legitimate interest on the part of a third party, the court refuses to accept this person into the case as a person interested in the outcome of the case. One of the reasons for refusing to satisfy the claims of a third party, the legislation of the Federal Republic of Germany establishes its requirement, which refers to the illegality of pre-trial settlement of the dispute on the part of the plaintiff and the defendant. In our legislation, there are no criteria for who can and cannot be involved in the case. It is also interesting that in German legal proceedings with the participation of a third party, the parties have the right to submit a warranty claim to this person^[12]. It lies in the fact that if the party in whose favor a third party acts loses in a controversial case, this party may demand that the third party cover all the costs specified in the court decision. This norm is similar to the norm of our national legislation, where a third party who does not file an independent claim is essentially a potential defendant. If in the case under consideration the plaintiff’s demands are satisfied, then the defendant has a recourse right to demand from a third party who does not file independent claims to reimburse all expenses incurred by the defendant. But this case will be considered in a new trial, and accordingly the defendant in it will be the plaintiff, since he is filing an application with a recourse claim, while a third party who does not file an independent claim will act as a defendant^[13].

Scientists and lawyers explain the presence of a third party who does not make independent claims, saving time and money in the proceedings. According to the Economic Procedural Code of the Republic of Uzbekistan, a third party who does not file independent claims may intervene in the case:

– firstly, on your own initiative, by submitting an application;

– secondly, at the request of the parties;

– thirdly, on the initiative of the court^[14].

The rights and obligations of third parties who do not file independent claims are the same as those of the parties, with the exception of the obligation to pre-trial settle the case. From a doctrinal point of view, third parties who do not make independent demands are accomplices, because with their help the controversial case acquires more details and facts, which in the future can contribute to the correct and comprehensive resolution of the controversial case.

Summarizing all of the above, we can come to the conclusion that national legislation has a sufficient number of unresolved issues related to the participation of third parties in legal proceedings. To correctly and comprehensively resolve this issue, legislators should carefully study the experience of foreign countries where these relations are properly regulated, and where the mechanism for implementing the regulated norm is carried out fully and legally.

[1] Медведев И. Р. Участие третьих лиц в арбитражном процессе: комментарий судебной практики //Арбитражный и гражданский процесс. – 2016. – №. 12. – С. 7-11.

[2] Маклаев Д. В. Третьи лица в арбитражном процессе //Автореферат дисс….. канд. юрид. наук. Ульяновск. – 2010.

[3] Бабакуловна ИФ РОЛЬ И ЗНАЧЕНИЕ ПРИНЦИПА ДОБРОВОЛЬНОСТИ В ПРОЦЕССЕ МЕДИАЦИИ ПРИ РАЗРЕШЕНИИ СПОРОВ В УЗБЕКИСТАНЕ //Междисциплинарная конференция молодых ученых в области социальных наук (США). – 2021. – С. 308-315.

[4] Вагапова Л. Х. Роль третьих лиц в гражданском процессе //Академическая публицистика. – 2017. – №. 2. – С. 182-185.

[5] Ибратова Ф. ТЕРМИНЫ ГРАЖДАНСКОГО ПРАВА И ИХ ПРИМЕНЕНИЕ В ПРАВОВОЙ ЗАЩИТЕ ГРАЖДАН В РЕСПУБЛИКЕ УЗБЕКИСТАН.

[6] Мицык Г. Ю. Особенности участия третьих лиц в гражданском процессе //Научно-методический электронный журнал Концепт. – 2015. – №. T8. – С. 316-320.

[7] Boboqulovna I. F. et al. HAKAMLIK SUDI VA DAVLAT SUDLARI O ‘RTASIDAGI FARQ QILUVCHI OMILLAR //INTERDISCIPLINE INNOVATION AND SCIENTIFIC RESEARCH CONFERENCE. – 2023. – Т. 1. – №. 9. – С. 110-115.

[8] Чубарь А. А. Характер заинтересованности третьих лиц в гражданском процессе //Modern Science. – 2021. – №. 6-1. – С. 304-308.

[9] Мирошниченко И. Р. Некоторые проблемные вопросы участия третьих лиц в гражданском судопроизводстве //Скиф. Вопросы студенческой науки. – 2021. – №. 6 (58). – С. 193-197.

[10] Ибратова Ф., Миркамилова М., Каршиева Ф. ЗНАЧЕНИЕ, РОЛЬ И СУЩНОСТЬ МЕДИАЦИИ В ЭКОНОМИЧЕСКИХ СПОРАХ //International journal of professional science. – 2022. – №. 4. – С. 11-17.

[11] Брановицкий К. Л. Информационные технологии в гражданском процессе Германии (сравнительно-правовой анализ). – Wolters Kluwer Russia, 2010.

[12] Костина К. В. К вопросу участия третьих лиц в корпоративных договорах. – 2018.

[13] Садыгов З. Практика разрешения доменных споров в Германии //Закон и право. – 2006. – №. 1. – С. 76-77.

[14] Ibratova F., Xodjaeva D. IQTISODIY SUD ISHLARINI YURITISHDA TAFTISH TARTIBIDA QAYTA KO ‘RISH: NAZARIYA VA AMALIYOT //Theoretical aspects in the formation of pedagogical sciences. – 2024. – Т. 3. – №. 3. – С. 93-102.