Turchin-Kukarina I. Evaluation concepts in civil procedural law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U001031

Applicant for

Specialization

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

25-12-2013

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The scientific development of evaluation concepts in the civil procedural law of Ukraine has been investigated in the structural, functional and applied aspects. The author represents a scientifically based theoretical framework for improving the civil procedural law, keeping unity of the court practice, effective performing the aims of civil procedure. The dissertation aims at working out evaluation concepts in combination with the genetic, theoretical and methodological aspects; finding the reasons of using the following concepts as means of the legal technique. The research has established practical problems of using civil procedural evaluation concepts and has suggested ways of improving their practice. The author has developed and motivated proposals for optimizing the interpretation of the following civil procedural evaluation concepts: "justice", "reasonable term", "vital importance", "exceptional case", "significant fact", "valid reason", "validity". Proposals for improving the use of civil procedural evaluation concepts in the process of rulemaking have been defined in the dissertation.

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