CAN THE COURT, CONSIDERING THE APPLICATION FOR PROCEDURAL SUCCESSION, DETERMINE WHETHER THERE HAS BEEN A CHANGE IN THE PARTIES OF DISPUTED SUBSTANTIVE RIGHTS?

Vanchikov Sergei Aleksandrovich

The current concept of procedural succession assumes that its basis is the transfer of a disputed substantive right. This article highlights the obstacles that prevent the court from determining whether the transfer of a disputed right has occurred. The impossibility of verifying the validity of the legal fact of transfer of rights leads to the conclusion that the transfer of a substantive right cannot serve as the basis for procedural succession. This article examines the main obstacles faced by a trial court when verifying the validity of the legal fact of transfer of rights. The complexities arising during succession at higher levels, as well as the admissibility of dispute resolution in procedural succession proceedings, remain beyond the scope of this article. These issues are beyond the scope of this publication, as they are specific. The purpose of this article is to demonstrate the fundamental impossibility of establishing the transfer of rights, even in a trial court and in the absence of a dispute over the fact of succession. These obstacles support the conclusion that the transfer of a disputed right cannot serve as the basis for procedural succession, as the court is unable to verify the validity of this legal fact during the trial, as it cannot determine whether the right exists. This conclusion demonstrates the need for a change in the law.

Keywords:procedural succession, transfer of rights, replacement of party.