Zabotin V. The right to legal assistance in civil proceedings.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U005121

Applicant for

Specialization

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

28-11-2018

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis provides a detailed description of the right to legal assistance in civil proceedings. Its legal nature and essence have been revealed. The content of the right to legal assistance during the consideration and resolution of civil cases has been described, its role in the model of accessible civil proceedings has been defined. The definition of legal assistance and the right to legal assistance in civil procedural law has been formed. It has been established that the right to legal assistance, as a subjective right, consists of four legal faculties. It has been grounded that legal assistance should be considered in two aspects: organizational and functional. The author's definition of "forms of providing legal assistance" and "type of legal assistance" has been given. The forms of providing legal assistance (in particular, optional (“subventional”) and basic (consists of verbal, written and electronic) have been identified and described. It has been established that in civil proceedings the separation of legal assistance into types can be made by various criteria. The system of realization of the right to legal assistance is considered from the point of view of three elements: institutional, functional and procedural. The procedure for the provision of free legal assistance in civil proceedings has been addressed; problems that adversely affect the possibility of receiving legal assistance have been identified; manners of solving those problems with the consideration for international experience have been provided.

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