Burmak O. Providing evidence in civil and notary processes.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U003005

Applicant for

Specialization

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

24-03-2015

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis is devoted to the analysis of the institute of providing evidence of a notary and civil proceedings in a comparative context that revealed the breadth of the concept and provided an objective assessment of its current state regulation legislation and application in practice. In this paper, a classification of securing evidence identified criteria for their interest and participation in this process. It is established that the notarial process has the characteristics in the process of providing evidence as existing notarial proceedings aimed at providing evidence for the future, notaries are entitled to discovery of evidence, and should provide special notarial proceedings to secure evidence and to supplement art. 34 Law of Ukraine "On Notary" and so on. In civil proceedings institute of providing evidence has been known for long, but despite this, it is unexplored and there are significant problems with legislation and its practical application. Therefore, it is believed that the need to provide evidence by judges and notaries must be studied jointly considering litigation and other activities authorized to provide proof of persons, including attorneys, consuls and others. The paper presents many theoretical hypotheses and specific suggestions to improve the legislation.

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