Cherevko S. Features of justice in civil cases for damages caused offense in the trial court

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U000928

Applicant for

Specialization

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

20-04-2017

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

This research focuses on features of the procedure for civil proceedings for damages caused by the crime. The thesis examines theoretical and practical issues of jurisdiction, the number of participants, the process of proof and evidence and claim the right to its submission at first instance and the proceedings at first instance. The review of a wide range of sources relating to both general and specific aspects of the problem. Selected aspects of the problem in the context of research and procedural peculiarities of the handling of cases of damages caused offense was never the subject of a comprehensive independent dissertation research. Analyzed the concept and features of civil tort of damages caused by a crime, held its comparison with criminal-law tort. We study of possible participants in cases of damages caused offense. The analysis procedure of applying to the court for damages caused by the crime and court action on preparing the case for trial and direct actions and court actors during the consideration and resolution of this category of cases. The role, importance and characteristics of judicial decision taken in cases of damages caused by the crime, the question of its implementation. In the thesis paid attention to jurisprudence in these cases, which allowed the analysis to substantiate some made during the study findings.

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