Kondrat’yeva L. The court defence of juvenile’s right in civil procedure of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U000821

Applicant for

Specialization

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

01-03-2006

Specialized Academic Board

Д26.236.02

Essay

The thesis is dedicated to the investigation of the problem of juvenile’s right to legal de fence in Civil Trial. It promotes effective de fence of juvenile’s interests in disputes arisen from family legal relationship. The definition of the category of the persons comprehended as «juvenile» and containing the notion of «juvenile’s rights to legal de fence in Civil Trial of Ukraine» is given on the basis of the analysis of theoretical investigations, Legislation of Ukraine, the standards of international documents and also the materials of judicial practice. The thesis gives Complex systematic investigation of historic, contemporary and perspective development of juvenile’s right to legal de fence in Civil Trial. The most controversial aspects in doctrine of the right to legal de fence, the right to appeal for legal de fence taking into consideration the peculiarities of the disputes arisen from family legal relationship with juvenile’ participation in them own investigated in the thesis. On the basisof the unity of material-legal and proceeding-legal aspects of the rights to legal de fence the author makes a conclusion that the legal origin of juvenile’s right to legal de fence is characterized by capacity transformed into subjective right on condition of legal interest and available judicial facts. (item 55, Constitution of Ukraine; item 3, CPC; item 18, Family Codes of Ukraine). The result of the investigation is a number of projected standards able to improve, as the author considers, Civil proceeding legislation of Ukraine in the case of being adopted. It could be possible to use them in perfection of a new CPC of Ukraine, Laws of Ukraine regulating juvenile’s rights in Ukraine.

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