Volosenki S. Principles of competitiveness and objective truth in civil process of Ukraine

The dissertation is devoted to research of problems of modern civil process caused by transition from a principle of objective true to a principle of competitiveness. The author offers not to replace one of principles with another, and to perceive a principle of objective true more widely as the purpose of civil legal proceedings. This hypothesis is confirmed by reconsideration of the verdicts in appeal order, where the major role belongs to the principle of objective true, as long as the participants of the civil process do not compete with court, which has already made the verdict. Therefore a principle of competitiveness should be defined as the mechanism for achievement of objective true. The author makes concrete propositions on improvement the theory of civil process of Ukraine. It is argued the importance of use of principle to be listened and heard on all stages of judicial consideration of cases by court. The principle of competitiveness is based on unity of two major ideas of dispositivness and equality of the rights of the participants of the civil process, according to which while the process act both claimant and respondent. The theoretical theses are supported with the offers on improvement of norms contemporary civil law of Ukraine