LEGAL ISSUES IN DETERMINING THE LEGAL STATUS OF PERSONS PARTICIPATING IN A CASE AND PERSONS NOT INVOLVED IN THE CASE, ON WHOSE RIGHTS AND OBLIGATIONS THE COURT HAS MADE A DECISION: THEORY AND PRACTICE UNDER THE LEGISLATION OF UZBEKISTAN

ISSN: 2582-4686 SJIF 2021-3.261,SJIF 20222.889, 2024-6.875 ResearchBib IF: 9.948 / 2024 VOLUME-5, ISSUE-11 1095 LEGAL ISSUES IN DETERMINING THE LEGAL STATUS OF PERSONS PARTICIPATING IN A CASE AND PERSONS NOT INVOLVED IN THE CASE, ON WHOSE RIGHTS AND OBLIGATIONS THE COURT HAS MADE A DECISION: THEORY AND PRACTICE UNDER THE LEGISLATION OF UZBEKISTAN Feruza Babakulovna Ibratova Professor at the Tashkent State Law University, Doctor of Law ABSTRACT This article analyzes the concept of parties to a case, their types, rights, and obligations. Proposals are made regarding the procedural and legal status of parties not involved in the case, whose rights and obligations the court has decided upon. Keywords: participant in legal relations, participant in legal proceedings, participant in a procedural action, participants in a court hearing. According to Article 41 of the Economic Procedural Code of the Republic of Uzbekistan, persons participating in the case include: parties, third parties, the prosecutor, state bodies and other persons in accordance with the powers vested in them, as well as applicants and other interested persons in special categories of cases provided for by the Economic Procedural Code. The legality of the consideration and resolution of an economic case by a court is largely determined by the correct determination of the procedural legal status of the participants in the economic process 1 . The concept of "participants" is an important and currently one of the most controversial topics. Despite its long history, it has attracted the attention of scholars specializing in procedural law 2 . Some scholars emphasize the need to expand the circle of persons involved in the case 3 , while others propose excluding from this category entities with state or public interests. 4 . 1 Abidov J. The concept and significance of reviewing court documents in light of newly discovered circumstances // Interdisciplinary dialogue of science and society in the era of ecological changes. – 2025. – T. 1. – No. 1. – P. 159-169. 2 Artebyakina N.A. Theoretical and practical problems of the institute of persons participating in the case: dis. ... candidate of legal sciences. - Saratov, 2010. - 182 p. 3 Gorodnova O.N., Makarushkova A.A. Problems of determining the legal status of persons participating in a civil procedural case // Siberian Legal Review. - No. 1. 2020. - P.134-139. 4 Artebyakina N.A. Theoretical and practical problems of the institute of persons participating in the case: dis. ... Cand. of Law. - Saratov, - 2010. - 182 p. ISSN: 2582-4686 SJIF 2021-3.261,SJIF 20222.889, 2024-6.875 ResearchBib IF: 9.948 / 2024 VOLUME-5, ISSUE-11 1096 According to Article 41 of the Economic Procedural Code of the Republic of Uzbekistan, it should be noted that the range of parties to a case is quite broad and diverse. We believe that all parties to a case should be classified according to the type of their legal interests 5 . This is due to the fact that each of the persons participating in the case is granted a set of certain rights and obligations established by law and inherent only to him. The specified set of rights and obligations may differ among the persons participating in the case 6 . The scope of the rights and obligations of the parties and other persons with personal (subjective) interests does not correspond to the rights and obligations of the prosecutor, who has state or public interests and has special rights and obligations, for example, giving an opinion on the case. The composition of the parties to the case must be based on two groups: – the main parties to the case, i.e., those with a personal (subjective) interest; – other parties to the case, i.e., those with a state or public interest. The correct determination by the court of the composition of the persons participating in the case directly affects the achievement of the goal of the economic process - the protection of the violated or disputed rights of the parties or their legally protected interests 7 . In addition to the concept of "persons participating in the case", the Economic Procedural Code of the Republic of Uzbekistan uses such concepts as "participants in legal relations", "participants in legal proceedings", "participants in procedural actions", "participants in court hearings", "participants in economic legal proceedings", "participants in legal proceedings" (Articles 10, 25, 58, 127, 128, 165, 167, 171, 203 of the Economic Procedural Code of the Republic of Uzbekistan). However, the concept of "subjects of legal relations" is not a procedural-legal one, but implies substantive-legal ("civil, corporate and other") relations. Therefore, from a legal point of view, it would be appropriate to equate the concepts of "participants in procedural actions", "participants in court hearings", "participant in legal proceedings", "participant in legal proceedings" with the concept of "persons participating in the case". Furthermore, the concept of "other participants" frequently found in the Economic Procedure Code of the Republic of Uzbekistan (Articles 4, 59, 127, 179, 201, 220, 280, 303, 3249) lacks legal 5 Yusupov I., Khaitboev A. O. Specific features of securing claims in economic courts //Scientific progress. – 2023. – T. 4. – No. 2. – P. 56-60. 6 Salimova I. Eligibility criteria: theoretical, legal and procedural aspects // Review of legislation of Uzbekistan. - 2018. - No. 4. - P. 40-44. 7 Abidov D. Objects of review of judicial acts that have entered into legal force in economic judicial proceedings in the light of newly discovered circumstances //Science, innovation and education: key vectors of social progress. – 2024. – T. 1. – No. 1. – P. 75-83. ISSN: 2582-4686 SJIF 2021-3.261,SJIF 20222.889, 2024-6.875 ResearchBib IF: 9.948 / 2024 VOLUME-5, ISSUE-11 1097 definition. The range of "other participants" in economic proceedings is significantly broader than the circle of persons participating in the case. These include government agencies and their officials, witnesses, experts, specialists, and translators. In scientific literature, these expressions diverge from the rules established by law 8 . In some cases they are used in a single meaning, in others – in the form of such concepts as «subjects of legal relations» 9 , «participants in the economic process» 10 , «subjects of legal proceedings» 11 , « participants in economic proceedings» 12 , «participant in legal relations» 13 , «subjects of legal proceedings» 14 , which are established in the Economic Procedural Code of the Republic of Uzbekistan. This diversity of existing expressions, as well as references in legal literature to the ambiguous and controversial use of the term "persons participating in the case" throughout procedural legislation, demonstrate the need for a clear understanding of this conceptual framework. A.S. Pigolkin notes that incorrect wording or use of the term in legislative texts generates disputes and the need for additional clarification 15 . Currently, there are various approaches to the relationship between the concepts of "judicial process" and "economic litigation." Some authors equate the meaning of these expressions. According to their theory, judicial process (economic litigation) is defined as "the procedure for the consideration and resolution of legal cases within the jurisdiction of the courts, regulated by the rules of procedural law» 16 . In other words, the goals of the trial are identified with the objectives of the implementation of legal proceedings 17 . In administering justice in economic disputes, the economic court enters into certain relationships with the parties to the proceedings. These relationships are called economic procedural 8 Rakhmanova Z. CONVENIENCES ARE BEING CREATED FOR ENTREPRENEURS IN COURTS //For Teachers. – 2025. – T. 74. – No. 1. – P. 90-92. 9 Shakaryan M.S. Subjects of Soviet civil procedural law. – M.: VYuZI, 1970. – 214 p. 10 Chechina N.A. Civil procedural relations // Selected works on civil procedure. – St. Petersburg: Publisher. House of St. Petersburg University, 2004. – 656 p. 11 Vikut M.A. Participation of third parties in Soviet civil proceedings: Abstract of Cand. Sci. (Law) Dissertation. – Moscow: Moscow State University, 1953. – 24 p.; Parties – the main persons in the litigation proceedings. – Saratov: Publishing House of Saratov University, 1968. – 84 p. 12 Shcheglov V.N. Civil procedural legal relationship. – M.: Legal lit. 1966. – 168 p. 13 Shcheglov V.N. Subjects of judicial civil law: Lectures for students. – Tomsk: Era, 1979. 14 Vikut M.A. On persons participating in a civil case // Civil proceedings in a changing Russia: International scientific and practical conference (September 14-15, 2007) / Ed. O.V. Isaenkova. – Saratov, 2007. 15 Pigolkin A.S. The concept of legislative technique and its importance for lawmaking // Actual problems of the legal process in a people's state. Interuniversity thematic collection. / Ed. V.M. Gorshenev. - Yaroslavl, 1979. - Issue I. 16 Civil Procedure: Textbook / Edited by M.K. Treushnikov. – M., 2007; Large Law Dictionary / Edited by A.Ya. Sukharev, V.D. Zorkin, V.E. Krutskikh. – M., 1999. 17 Ryzhakov A.P. Commentary on the Civil Procedure Code of the Russian Federation. – M., 2008. ISSN: 2582-4686 SJIF 2021-3.261,SJIF 20222.889, 2024-6.875 ResearchBib IF: 9.948 / 2024 VOLUME-5, ISSUE-11 1098 legal relationships. Economic procedural legal relationships are complex in nature and have generated considerable debate among legal scholars. On the one hand, during the course of legal proceedings, an entire system of economic procedural legal relationships is created, consisting of interconnected elements (elements of legal relationships). The structure of legal relations is defined as follows: 1) subjects; 2) object; 3) content of the legal relationship. It follows that the use of the term "subject of legal relations" is entirely logical. A subject is an element of certain legal relations, particularly economic procedural relations. Along with the concept of "subject of legal relations," the expression "participant in legal relations" is also used. For example, V.N. Shcheglov and N.I. Matuzov equate the concepts of "subject of legal relations" and "participant in legal relations". In philosophical terms, a subject is defined as an actively acting and perceiving entity possessing consciousness and will. In jurisprudence, subjects of legal relations include not only individuals but also organizations and enterprises that are participants in the economic process, exercising their rights and fulfilling their obligations under current legislation 18 . To correctly classify participants in an economic process into a particular group, it is necessary to examine the specific criteria for distinguishing these entities. Current legislation does not define the concept of a "person participating in a case," and the doctrine only defines the characteristics of this institution: the presence of an independent legal interest in the outcome of the case (as the primary criterion for a person's membership in this group of participants), the ability to perform procedural actions in one's own name, and the right to express one's will at one's own discretion 19 . Currently, the list of parties to a case is regulated by law. However, it should be noted that in practice, the range of such parties is multifaceted and may vary depending on the stage and type of economic process. Analyzing other articles of the Economic Procedural Code of the Republic of Uzbekistan (Articles 148, 163, etc.), it should be noted that the range of interested parties is significantly broader than the list reflected in Article 41 of the Economic Procedural Code of the Republic of Uzbekistan. For example, the legislation does not include procedural participants in writ proceedings—the creditor and the debtor—in the general list, despite their material and procedural interests. Some scholars 18 Shcheglov V.N. Civil procedural legal relationship. – M., 1966. 19 Theory of State and Law / Edited by V.M.Korelsky, V.D.Perevalov. – M., 1997; Syrykh V.M. Theory of State and Law. – M., 1998. ISSN: 2582-4686 SJIF 2021-3.261,SJIF 20222.889, 2024-6.875 ResearchBib IF: 9.948 / 2024 VOLUME-5, ISSUE-11 1099 argue that the creditor and the debtor should be included in Article 41 of the Economic Procedural Code of the Republic of Uzbekistan 20 . In our opinion, introducing such legislative changes will impact practice. In procedural law, the creditor and debtor are considered parties to the proceedings, and therefore their legal status is equivalent to that of the plaintiff and defendant, as well as to parties to a claim. According to Article 41 of the Economic Procedural Code of the Republic of Uzbekistan, parties are defined as persons participating in the case. Thus, the creditor and debtor are parties to the case and have corresponding rights and obligations. Of particular interest are persons not involved in the case, whose rights and obligations the court has decided. Such persons are specified by the legislature in appellate, cassation, and revision proceedings (Articles 259, 282, and 307 of the Economic Procedural Code of the Republic of Uzbekistan). Referring to the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan dated March 25, 2024 No. 10 “On certain issues of consideration by courts of economic cases in appellate and cassation proceedings”, it can be concluded that in judicial practice their legal status is equal to the legal status of persons participating in the case 21 . If a court decision affects a person's rights and obligations or violates their legitimate interests, that person has a substantive or procedural interest. Consequently, they should have not only the right to appeal the court decision but also all the rights inherent to parties to the case. Current legislation does not fully define the procedural and legal status of persons not involved in the case, on whose rights and obligations the court has made a decision. In this regard, it is advisable to supplement the Economic Procedural Code of the Republic of Uzbekistan with Article 411, "Rights of Persons Not Involved in the Case, on Whose Rights and Obligations the Court Has Made a Decision". Article 411 of the Economic Procedural Code of the Republic of Uzbekistan should be amended as follows: « Article 411. Rights of Persons Not Involved in the Case, on Whose Rights and Obligations the Court Has Decided Persons not involved in the case, on whose rights and obligations the court has decided, have the right to appeal the court's decision through appellate, cassation, and revision proceedings. Such persons enjoy the rights and obligations of persons participating in the case». 20 Isaenkova O.V., A.A. Demichev Civil procedural law of Russia // Norma. - Moscow, - 2009. - P. 86. 21 https://www.lex.uz/ru/docs/6878576 ISSN: 2582-4686 SJIF 2021-3.261,SJIF 20222.889, 2024-6.875 ResearchBib IF: 9.948 / 2024 VOLUME-5, ISSUE-11 1100 The introduction of this article will make it possible to more accurately determine the procedural and legal status of these persons after the court has accepted the complaint for proceedings, as well as their rights and obligations during the review of the case. REFERENCES 1. Abidov J. The concept and significance of reviewing court documents in light of newly discovered circumstances // Interdisciplinary dialogue of science and society in the era of ecological changes. – 2025. – T. 1. – No. 1. – P. 159-169. 2. Artebyakina N.A. Theoretical and practical problems of the institute of persons participating in the case: dis. ... candidate of legal sciences. - Saratov, 2010. - 182 p. 3. Gorodnova O.N., Makarushkova A.A. Problems of determining the legal status of persons participating in a civil procedural case // Siberian Legal Review. - No. 1. 2020. - P.134-139. 4. Artebyakina N.A. Theoretical and practical problems of the institute of persons participating in the case: dis. ... Cand. of Law. - Saratov, - 2010. - 182 p. 5. Yusupov I., Khaitboev A. O. Specific features of securing claims in economic courts //Scientific progress. – 2023. – T. 4. – No. 2. – P. 56-60. 6. Salimova I. Eligibility criteria: theoretical, legal and procedural aspects // Review of legislation of Uzbekistan. - 2018. - No. 4. - P. 40-44. 7. Abidov D. Objects of review of judicial acts that have entered into legal force in economic judicial proceedings in the light of newly discovered circumstances //Science, innovation and education: key vectors of social progress. – 2024. – T. 1. – No. 1. – P. 75-83. 8. Rakhmanova Z. CONVENIENCES ARE BEING CREATED FOR ENTREPRENEURS IN COURTS //For Teachers. – 2025. – T. 74. – No. 1. – P. 90-92. 9. Shakaryan M.S. Subjects of Soviet civil procedural law. – M.: VYuZI, 1970. – 214 p. 10. Chechina N.A. Civil procedural relations // Selected works on civil procedure. – St. Petersburg: Publisher. House of St. Petersburg University, 2004. – 656 p. 11. Vikut M.A. Participation of third parties in Soviet civil proceedings: Abstract of Cand. Sci. 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