Tsuvina T. Right to a court in civil procedure.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U005038

Applicant for

Specialization

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

05-06-2013

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

This dissertation is devoted to the research of the concept of the right to a court in civil procedure, its structurally complex content and the scope in accordance to par. 1 art. 6 of ECHR and precedent practice of ECHR. It is proved the peremptory nature of right to a court as a norm of jus cogens and the principle of civil procedure that provides the minimum requirements for the organization and procedure of the administration of justice in civil cases. The features of separate static (access to a court, independence and impartiality of the court established by law) and dynamic (equality of arms, adversarial procedure, public hearing, reasoned court decision, enforcement of court decision) elements of the right to a court in civil proceedings are described. The theoretical positions and practical conclusions which are aimed at improvement of the civil procedural law and judicial practice laid down in this scientific work.

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