Zhushman M. Judicial proceedings on the cases arisen from the application of the election law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U004578

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

28-10-2004

Specialized Academic Board

К 64.086.02

Essay

The dissertation is devoted to research of procedural peculiarities of considering civil cases arisen from the application of the election law. The concept of legal essence of the cases arisen from public legal rela-tions in the judicial civil system is researched. Under the question of consideration is the legal background of election laws cases and their place among cases arisen from public relations governed by law. The author researches subjects of right to claim protection of passive and active rights, conditions of right to claim, and order of claim. The ques-tion of composition of the parties on these cases is researched. The author characterizes legal position of the parties via signs of the parties as persons who participate in the case. The institute of procedural plain-tiff and the peculiarities of its application in the sphere of election laws are researched. The author researches the questions of subject of prov-ing, means of proving and judicial decision in the light of procedural peculiarities of judicial proceedings on these cases. Basing on the gen-eral knowledge about the subject of proving in the civil judicial proce-dure the subject of proving in the cases arisen from the election laws is defined and structured. The characteristics of the appropriate and ad-missible means of proving are given. The essence of the judicial deci-sion as act of justice and its peculiarities in such cases is researched in the light of general requirements. The author expresses propositions concerning improvement of civil procedural legislation and judicial practice.

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