The Procedural Risk Formation and Its Correlation with Civil Procedural Legal Relation

Procedural actions (inactions) of the participants in civil law process arise from the moment of the legal relation’s creation. At the same time, the result of the procedural behaviour of persons participating in the case may be at risk (the com-ing of negative consequences due to actions or inactions of the participants of the civil process). At present, the moment of risk’s formation as a procedural category is not de-termined by scientists. This article raises the issue of the risk’s appearance in civil pro-ceedings, namely in action proceedings. The author highlights the procedural aspects that can be recognised as risky actions due to their commission or non-commission. At the same time, the author analyses the moment of commencement of the proce-dural legal relation in order to combine it with risk or to oppose it. A dispute is under-stood as a conflict between several persons over a claim to the same property (good). The article concludes that procedural risk arises before the procedural legal relation. This conclusion allows us to develop the doctrine of procedural risk, including the defi-nition of the procedural risk boundaries, clarification of persons whose actions (inac-tions) are subject to the procedural risk formation.