Hariievskaia M. The Discretionary Powers of the Court in Civil Cases in the Court of First Instance

The work covers for the first time in legal literature the complete analysis of court discretionary powers during the consideration of civil cases at the court of original jurisdiction. The legal nature of discretionary powers of court in civil procedure has been defined. Moreover, the basic doctrinal approaches in concept understanding as well as features of the court's discretionary powers have been displayed. The meaning of court's discretionary powers has been determined as regards performance of civil justice objectives as well as the appropriateness of those discretionary powers of court at the civil case consideration. The basic concepts associated with the implementation of discretionary powers by court have been stated hereto. The main approaches to classification of discretionary powers have been formulated. The main reasons to apply the court's discretionary powers during the civil case consideration have been ascertained. The principles to apply the court's discretionary powers as regards the consideration of civil cases at the original jurisdiction court have been realized. The principles how to implement the court's discretionary powers have been displayed. The theoretical and practical issues of implementation by the court's discretionary powers at the consideration of certain procedural actions have been examined. As a conclusion hereto the ways how to implement those discretionary powers of court have been recommended. As a result the proposals as of civil procedural law development have been elaborated.