Verbicka M. Ordering proceedings in the civil procedure of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U000849

Applicant for

Specialization

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

11-03-2011

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The dissertation is dedicated to the complex analysis of the ordering proceedings in the civil procedure of Ukraine. The issues concerning setting up the institution of the ordering proceedings and its development have been dealt with, the nature of the procedural legal process and the notion of "ordering proceedings" have been defined. For instance, it has been emphasized that appealing to the court concerning issuing the judicial order, even if according to the demands of the suer the judicial order can be issued, mustn't be considered as an obligatory procedure. The concept of alternativeness for ordering proceedings would allow to secure the fulfillment of principles of civil legal proceedings at the higher level, the principle of remaining non-mandatory, in particular. The content of the circumstances under which the court can apply ordering proceedings has been revealed. The peculiarities of issuing legal order have been analyzed together with the demands envisaged in the Code of Civil Procedure of Ukraine as those according to which a legal order is issued. The list of demands that can be taken into consideration in the course of ordering proceedings has been supplemented with other related items and submitted in this work. The procedural peculiarities about the realization of the debtor's right for submitting an application concerning forensic order annulment have been investigated. The research paper specifies that submitting the application about issuing the forensic order is the grounds for breaking the course of prescription. But the reversion of the application about issuing the forensic order as well as its annulment do not break the order of prescription.

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