Khotynska O. Mandatory Nature of Court Judgments as a Constitutional Principle of Judicial Proceedings in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U004681

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

07-11-2006

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

On the basis of legal scholars' theoretical accomplishments and analysis of the legislation in force, the author reveals the essence and contents of the principle of court judgments mandatory nature as well as its procedural guarantees. In the light of the investigated constitutional principle the author presents her own perception of the concepts "justice", "judicial power" and, in view of this, of the organisation of the bodies of judicial power. The thesis adduces characteristics of individual subjects in relation to whom a court judgment mandatory nature is most fully revealed and which play an active part in the process of implementation of this principle. A special focus in the thesis is on judicial control over court judgments enforcement: the author adduces its definition and proposes its classification. Proposals have been formulated with regard to the improvement of the provisions of the legislation in force regulating relations arising in the process of realisation of the principle of court judgments mandatory nature.

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