The significance of legal standing in civil case initiation
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The article analyzes the concept of an “interest” – a matter that is important to the person, a matter that he/she is concerned about, takes care of, aims at, and the realization of which may be beneficial and direct the person’s activity in a particular direction, i. e. a social need. One of the varieties of interests is legal standing. Legal standing – an objectively existing social need protected by the law and protected by law enforcement institutions, which develops through social conditions and is satisfied by legal means. Legal standing is divided into substantive legal standing and procedural legal standing. It is impossible to analyze legal standing only in the light of procedural law provisions, since legal standing includes a substantive legal element. Judicial defense of legal standing that fails to embody the substantive legal element is meaningless. Procedural legal standing reflects the fact that the person not only reports on the infringement, but also requires judicial review, i. e. state defense. It is important for the judge handling the issue of admissibility of a lawsuit to establish the existence of both elements of legal standing. By handling the issue of a lawsuit’s admissibility, it is important for the judge to determine whether the future decision will have an impact on the rights and obligations of the claimant at the stage of starting the civil proceedings. By stipulating that such a decision will have no impact on the rights and obligations, it may be concluded that the claimant has no substantive legal standing. Initiation of a case in the absence of substantive legal standing contradicts the objectives of civil procedure. The acceptance of a claim in absence of substantive legal standing at the stage of civil case initiation must be rejected. The determination of the absence of substantive legal standing would prevent abuse of the proceedings and decrease the workload of judges. An analysis of court cases clearly shows that admissibility of claims and civil case initiation is related only with the claimants’ procedural legal standing.
- Straipsniai / Articles