Kohanska M. Procedural means of ensuring the effectiveness of civil proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002332

Applicant for

Specialization

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

21-02-2019

Specialized Academic Board

Д 64.700.02

Kharkiv National University of Internal Affairs

Essay

The thesis is dedicated to the complex research of the theoretic and applied problems of ensuring the civil justice’s effectiveness through the settling rules and proper implementation of the appropriate procedural measures. It has been proved the effectiveness of civil justice characterizes ensuring the right to the fair and impartial tribunal at the national level the key elements of which are accessibility to courts, fair and impartial trial, definite clear law and ensuring of court judgment’s execution. The correlation of the main civil procedural principles and its tasks has been defined. It has been grounded that differentiation is one of the tools to organize the judicial system in such a way that courts are able to guarantee everyone’s right to a final decision on disputes concerning civil rights and obligations within a reasonable time and the manifestation of procedural economy, it has a purpose to optimize the court trial depending on the category and complexity of the case. It has been grounded that differentiation is one of the tools to organize the judicial system in such a way that courts are able to guarantee everyone’s right to a final decision on disputes concerning civil rights within a reasonable time and the manifestation of procedural economy. The author has proved the fair judgement should be characterized with the objectiveness and reasonability that stipulates to put the obligations upon the court to determine the real circumstances of the case.

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