Maslo T. Proportionality of civil proceedings

Thesis is devoted to a comprehensive research of theoretical and applied problems of proportionality of civil proceedings, which is a means and at the same time a consequence of the rule of law, the condition of which is a fair balance of private and public interests competing in justice. Proportionality is studied in terms of proportionality of the judicial procedure and proportionality of the legal restriction, the observance of which is determined by the proportionality test. Provisions on the nature of proportionality as a principle of interpretation of rule-making and law enforcement meanings are developed. It is proved that the discretion of the court in determining the proportionality of the restriction of law has grounds and conditions, due to special and general margin of appreciation, suitable for the establishment of which there is a commensurability of interests that are realized in civil proceedings. The essence of private and public interests of a procedural nature, which are realized in rights and principles, has different “weight” and significance in a certain situation, is determined.