Tsyura T. The subjects of the proving and the appraisal of the proofs in the civil proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U002184

Applicant for

Specialization

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

18-05-2005

Specialized Academic Board

Д26.236.02

Essay

The thesis is devoted to the theoretical grounding of the definitions and the content of subjects' activity in the process of the proving and the appraisal of the proofs. In the work the conception of court activity in modern civil proceedings is supplemented, taking into consideration the principle of the competitiveness. The characteristic features of the processes of the argumentation and the proving, the collection of the proofs and its providing are defined. The directions of the development of the means of the proving in the civil proceedings are formulated: studying and generalization of court practice with the object of the investigation such circumstances, that caused the necessity of using special means for its confirmation; analysis and realization of modern achievements of the science and technology in the legal practice to give court decisions more legal trustworthiness and, as result, the increase of the sources of higher danger such as the cases of the using genetic engineering means, modern drugs, fertilizers etc.; improving extant means of the proving and the procedure of its investigation in order to give them more legal truth; independent development of the science and technology purposely further realization of the results in the civil proceedings.

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