Tymoshevska I. Participation of legally warranted organs and persons in the civil procedure of protecting the rights, freedoms and interests of other persons.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U000134

Applicant for

Specialization

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

28-11-2012

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

This dissertation is devoted to the research of the institute of participation of the bodies and persons, which by law are entitled to defend the rights, freedoms and interests of other persons civil in the process. This scientific work has researched the genesis of this institute the internal logic of its development and functioning, have been identified trends in the legal regulation, which is connected with the stages of evolution of the national procedural legislation and models (types) of the civil process. By means of analysis of the institute of public orientation, this dissertation has defined the reasonable balance of private and public interests. The interference of state mechanism with the decision-making of privately-legal arguments should not contradict the dispositiveness and competitiveness of the civil process, and also it should not go beyond the scope of principles of a legal state and the right of parties to give orders, - that is, to meet the principle of proportion. Describes the peculiarities of grounds and forms of participation of the bodies and persons, which by law are entitled to defend the interests of other persons in the civil process, based on the experience of legislative regulation. Revealed the peculiarities of their participation in the civil process. This work has also laid down the theoretical positions and practical conclusions which are aimed at the improvement of the civil procedure legislation, of the Law "On the Authorized Agent of Verkhovna Rada of Ukraine on Human Rights", the Law of Ukraine "On Public Prosecution".

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