The article carries out a comprehensive study of the legal status of subjects of civil procedural legal relations within the framework of separate proceedings, in particular in cases of establishing facts of legal significance. The emphasis is placed on theoretical and legal approaches to the definition of the concept of «subject of civil procedural law», the structure and content of civil procedural relations in the non-contentious form of legal proceedings are analyzed. Civil procedural legal relations, as a specific legal form of social interactions, arise and function in close connection with the social environment, reflecting the need for legal settlement of conflicts and protection of the rights and legitimate interests of individuals within the framework of public life. Their emergence is due to the state’s need for an effective mechanism for resolving disputes, ensuring justice and law and order. Among the types of civil proceedings, a significant place is occupied by separate proceedings. Separate proceedings are a type of non-claim proceedings in which there is no dispute about the right and which provides for the judicial consideration of cases regarding the legal confirmation of certain circumstances that have legal significance for the acquisition, exercise, change or termination of subjective rights or the performance of legal obligations. The author substantiates that in cases of separate proceedings, the participants in the process are in specific legal roles - the applicant and the interested person, between whom there is a functional and substantive distinction. The work draws attention to the inconsistency of legislative terminology in the Civil Procedure Code of Ukraine, in particular, the use of the concepts of «interested persons» and «other interested persons», which do not have a substantive difference, but complicate the application of law and violate the principle of legal certainty. A classification of participants in separate proceedings is proposed based on the criterion of the direction of their will in the process. Five main groups of subjects participating in such cases are identified - from applicants who apply to protect personal rights to bodies acting in the interests of other persons or the state. An analysis of modern judicial practice regarding the procedural status of interested persons is conducted, and it is established that their participation has informative and evidentiary value, although their explanations are not formally recognized as procedural evidence. The conclusion is made about the need to unify legislative terminology, legislative delimitation of the status of applicants and interested persons, as well as increasing the procedural guarantees of the latter. It is argued that improving the legal regulation of the participation of subjects in separate proceedings will contribute to increasing the efficiency of justice, strengthening the guarantees of a fair trial and the implementation of the right to access to court.
P. A. Polishchuk (Tue,) studied this question.