Civil procedural capacity as a condition for exercising the right to sue in civil proceedings

The article examines the conditions for exercising the right to sue in civil proceedings, - the presence of civil procedural capacity in the plaintiff. It is noted that the plaintiff can personally exercise the right to sue or with the help of court representatives. However, in any case, he must have civil procedural capacity, since, if a lawyer will act on his behalf, the latter must be authorized to conduct a civil case in the interests of the plaintiff. The authorization assumes that the principal has legal capacity. It is claimed that the plaintiff’s civil procedural legal capacity together with his civil procedural legal capacity form the civil procedural legal personality of the plaintiff. Civil procedural legal personality of the plaintiff is one of the prerequisites for his entry into civil procedural legal relations. It should be noted that the method of verifying the civil procedural capacity of the plaintiff depends on his identity: physical or legal. If the plaintiff acts as a legal entity, his civil procedural legal capacity arises simultaneously with civil procedural legal capacity, that is, at the time of creation of the legal entity. The role of the court in verifying the civil procedural capacity of the plaintiff-legal entity according to the identification code of the EDRPOU is noted. If the plaintiff is a natural person, the occurrence of civil procedural legal capacity in him is regulated by general and special rules. In the future, these rules are analyzed based on the materials of civil procedural and substantive legislation. It is noted that the special rules for the emergence of civil procedural legal capacity in the plaintiff-individual are related to its acquisition and the possibility of its implementation. It is noted that there are gaps in the legislation in regulating the acquisition of civil procedural legal capacity by the plaintiff-individual and the inconsistency of this issue in the acts of civil procedural and material legislation.