Dronov S. Temporal principles of civil proceedings of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003809

Applicant for

Specialization

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

25-09-2019

Specialized Academic Board

Д 26.007.04

National Academy of Internal Affairs

Essay

The dissertation deals with the basic theoretical and legal and methodological principles of the study of temporal principles of civil justice, including in their historical retrospective. The methodology of their research has been determined, as well as the features specific to the group of procedural principles have been highlighted. The author defines the concept of «temporal principles of civil justice». The essence of the decisive temporal principles of civil justice has been disclosed, namely, attention has been paid to the characteristic features of the principle of a reasonable term of hearing of cases, the application of which is a guarantee of the efficiency of consideration of a civil case and ensuring the resolution of disputable legal relations in the shortest possible time. The article has analyzed the effect of the principle of procedural economy in the process of civil cases and has emphasized that the main purpose of the principle is to minimize the financial costs during the civil case by selecting the most optimal procedure for obtaining, with the maximum benefit. Attention was paid to the role of the temporal principles of civil justice in the optimization of the civil procedural form, which had found its direct manifestation through a regulatory, educational (stimulating) and protective function. The peculiarities of the implementation by the court and participants of the trial of the temporal principles of civil justice during the consideration and settlement of civil cases in the court of first instance, as well as at the stage of appeal and cassation proceedings have been investigated. According to the results of the research, a number of proposals have been formulated to optimize the civil procedural legislation of Ukraine.

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