Poliuk Y. The right to apply to the court for the protection of violated, unrecognized or disputed rights under civil procedural law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003126

Applicant for

Specialization

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

08-06-2019

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first comprehensive study of theoretical and practical issues of the right to apply to the court for the protection of violated, unrecognized or challenged rights under the terms of the updated civil procedural legislation of Ukraine and European integration processes in the science of the domestic civil procedural law. The dissertation provides an assessment of the state of research and trends in civil procedural law available in the science of the formation of the doctrine of the right to apply to the court for protection in the civil process. There has been improved the conceptual-categorical apparatus concerning the right to appeal to the court for protection. Moreover, there has also been established and classified the circle of subjects of the right to appeal to the court according to the method of participation in the process of realization of this right. The approaches to determining the preconditions for the right to apply to the court for protection and the conditions for its implementation have been improved and their adaptation to the existing European standards of legal proceedings has been made. Furthermore, there has been considered the process of realization of the right to appeal to the court for protection as a legal mechanism and the procedural and legal consequences of implementation of the mechanism of realization of the right to apply to the court for protection has been defined. Finally, there have been elaborated the scientifically conceptualized proposals on improving the civil procedural legislation of Ukraine regarding the right to apply to the court for protection with the aim to ensure the right to judicial protection.

Files

Similar theses