Pidlubna O. The norm of civil procedural law: notion, аction limits and realization in civil court procedure.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U003654

Applicant for

Specialization

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

20-09-2007

Specialized Academic Board

К 26.500.01

Essay

In the thesis the complex scientific analysis of conceptual, specific and system research is given in order to improve the formation and realization of civil procedural law norms; theoretical conclusions and elaboration of suggestions aiming at the theory development of civil-procedural law were formulated for the avoidance of law-making collisions in research studies and for the further perfection of civil-procedural norm and its implementation. In the first time the correlation criteria of civil-procedural law norms and norm of other branches of law, which include the norms of civil procedure, were formulated. Consequently the necessity of legislative securing of leadership principles of procedural norms, which are placed in CPC of Ukraine, over the norms of other law branches, that deal with specific issues of civil procedure is proved. In stating the action limits of civil procedural law norms, the necessity of distinguishing of objective and subjective criteria is emphasized for the first time. The main difference between them is expressed by the degree and form of possible influence to the civil trial participants onto the realization of civil procedural law norms. It is proved that the forms of realization of civil procedural law norms, which depend on the aim of law usage, and the ways of such activity, are caused by court actions and participants involved into the civil procedure, are correlated with each other as a common and separate things. The necessity of supplementing the current CPC of Ukraine with chapter I "The main terms of civil procedural law" is stated. Keywords: civil procedural law norms, classification of civil procedural law norms, the structure of civil procedural law norms, realization of civil procedural law norms

Files

Similar theses