Oliinyk A. Special features of the evidence system and the limits of proof in separate court proceedings formation: theory and practice.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U005422

Applicant for

Specialization

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

16-12-2019

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

The historical process of forming the doctrine of evidence and evidence discovery in civil proceeding law was investigated, and it was found that procedural scientists, while paying considerable attention to the study of such legal category as evidence and evidence discovery in civil proceeding law, in the context of individual case of separate proceedings, did not conduct complex investigations of evidence and evidence discovery issues in separate proceeding institute. Although this is a process which has its own specifics and peculiarities and despite the fact that the institution of juridical evidence discovery in the process of reforming civil proceeding legislation has undergone significant changes, it has been changing the foundations of justifying philosophy in civil cases. Considering that the amendments to the Civil Procedural Code of Ukraine became valid on December 15, 2017, it is certain to affirm that these and other innovations in the sphere of evidence are aimed to improve the efficiency of civil proceedings. Analyzes of the implemented juridical innovations claim that they are aimed to guarantee everyone the right to a fair trial. That is why curtain innovations have been analyzed and more detailed, which is necessary for eliminating the difficulties in the law enforcement process and in civil court cases proceeding itself.

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