Zadoienko O. Codification of civil procedure legislation of Ukraine in 1922-2012 (historical and legal research)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U005288

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

05-09-2013

Specialized Academic Board

Д 26.867.01

Essay

In the thesis the characteristics of codification of civil procedure legislation in Ukraine in 1922-2012 are determined on the basis of scientific analysis of the historical genesis of civil procedure legislation of Ukraine and study of the history of European codification processes. In the thesis the author investigates general theoretical problems of the concept, characteristics, properties, functions, and nature of codification acts, place of codification acts in the hierarchical system of Ukrainian legislation, including the lead role of the Civil Procedure Code in the system of sources of civil procedure legislation. There is supported and further developed the provision that codification at the present stage is one of the most effective ways (forms) for systematization of legislation. In the thesis the author's approach to division into periods of codification of civil procedure legislation of 1922-2012 is presented for the first time Based on the conducted historical analysis of codified instruments of civil procedure legislation the author comes to the conclusion that codification does not stop with the adoption of a certain Code and is an ongoing process. Civil Procedure Law, the main source of which is law, must have a codified instrument - the Civil Procedure Code, which includes all possible rules governing civil procedural relationships.

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