RIGHT TO ACTION IN CIVIL PROCEEDINGS AND CONDITIONS FOR SECURING A CLAIM

Abstract

The article examines the place and significance of the right to sue in civil procedural law. In the theory of civil procedural law, the concepts of filing a claim and the right to sue are among the most complex and controversial concepts. In science, this topic creates relevance; the definition of these concepts is inextricably linked with the characteristics of the concept of a claim and is aimed at studying the relationship between material and procedural principles in it. The methodological basis of scientific research is a set of methods of scientific knowledge, that is, analysis, synthesis, induction, deduction, comparative legal, formal logical and others. The right to sue is the right to judicial protection. In a procedural sense, the right to sue (right to sue) is the right to bring a specific legal dispute to a court for resolution in accordance with the law. The right to claim is, on the one hand, the right to process, and on the other hand, the right to satisfy the material legal claim of the plaintiff against the defendant. Thus, the right to sue is a complex concept consisting of the two legal possibilities mentioned above. Conditions for filing a claim. Filing a claim is a form of the right of citizens and organizations to go to court for legal protection. This means the right to justice of the first instance in a specific substantive legal dispute. After all, consideration of the case on its merits, making decisions on behalf of the Kyrgyz Republic and administering justice, according to the law, belong only to the courts of first instance.To summarize, we can say that securing a claim is a measure applied by the court, aimed at the actual execution of a court decision, which in the future will be rendered in favor of the plaintiff. These measures are considered as one of the procedural, important guarantees that ensure the actual execution of a court decision made in favor of the plaintiff in the future.