Guze K. Representation of Interests of the Citizen or the State by Prosecutor in Civil Procedure of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U000663

Applicant for

Specialization

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

26-02-2016

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the research of the institute of representation of interests of citizens or the state by prosecutor in civil procedure of Ukraine. The theoretical construction of the realization of constitutional representative function by prosecutor is formulated, according to which this institute of public law is synchronized with subsidiarity and competitiveness, and activity of the prosecutor in civil procedure has ancillary (additional) nature and based on respect for "fair balance" between the parties. Stages of formation of the institute of representation of interests of citizens or the state by prosecutor in court are analyzed. Interdependence of tendency of its development and models of civil procedure at various stages of its evolution is revealed. Legal acts that regulate the activity of the prosecutor in civil procedure are analyzed and their classification is made. The legal nature of representation of interests of citizens or the state by prosecutor in court is researched; the essence of this institute is formulated. The procedural status of the prosecutor in civil procedure and the amount of its procedural powers according to the objects of prosecutor's defense in court is determined. Main theoretical approaches to the grounds and forms of the prosecutor participation in court are generalized and their contents are identified. Proposals for the improvement of existing legislation, which regulate the order of the execution of functions of representing the interests of the citizen or the State by prosecutor in civil proceedings, are formulated.

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