Zakharov P. Proof in cases on traffic accident reparation within Ukrainian Civil Procedure

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002493

Applicant for

Specialization

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

15-05-2019

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The dissertation is an independent, complete scientific work in which the theoretical and legal principles of proof are considered in cases on traffic accident reparation proceedings. Based on the analysis of scientific sources and normative legal acts, the author defined the concept of proof in the examined category of civil cases and characterized its features. It has been established that proof in cases on traffic accident reparation civil proceedings is the procedural and mental activity of parties to a case, that is designed to obtain evidence to establish the presence or absence of circumstances (fact) that are relevant to the resolution of the case for the purpose of protection of his violated subjective right. Such activity is characterized by the fact that: 1) it is regulated by the norms of civil procedural legislation, which determines the stage of this activity; 2) it is carried out by the subjects of evidentiary activity with a clearly defined volume of rights and obligations for proof; 3) is implemented exclusively through the subject of proof.

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