The Thesis deals with the peculiarities of establishing the facts of legal significance in civil proceedings. The Thesis reveals the theoretical foundations of the institution of establishing the facts of legal significance in the course of civil proceedings.
In particular, the basic historical aspects of the development of scientific thought and legislation regarding this category of civil cases have been studied, the legal nature of the facts of legal significance, which are subject to establishment in the course of civil proceedings, have been examined. The classification of civil cases on the establishment of the facts of legal significance in separate proceedings has been carried out. Considerable attention has been paid to the issue of procedural status of the persons participating at the cases of establishing the facts of legal significance, as well as their classification has been carried out.
The concept of the facts of legal significance, which can be established in the course of separate proceedings in civil proceedings, has been improved.
The possibility of establishing the fact of a person’s affiliation to a certain nation in separate proceedings has been substantiated. It has been argued that the legal significance of the particular fact cannot be justified by the exercise of certain freedoms guaranteed by the international acts or national legislation of Ukraine, which are dependent on it. Freedoms do not arise, change or terminate in connection with certain legal acts. An effective mechanism for providing homeless people with an opportunity to certify the power of attorney for representation in social services and specialized social institutions has been proposed.
Considerable attention is given to the disclosure of the peculiarities of the consideration and resolution of civil cases on the establishment of the facts of legal significance, inherent in all cases of this category. Thus, the analysis of the rules of territorial jurisdiction and the procedure for filing a statement on establishing the fact of legal significance, determining the composition of the tribunal and commencement of trial has been carried out, the peculiarities of proceedings in the establishment of the facts of legal significance prior to the trial, during the trial and when taking action in cases of establishing the facts of legal significance.
The peculiarities of the filing of an application with shortcomings in the investigated category of civil cases have been revealed. The practice of the courts when examining and evaluating the evidence admitted to the application has been criticized. The grounds and procedural consequences of refusal to consider an application and return of an application have been delineated.
The peculiarities of joinder and severance in respect of legal claims have been disclosed. Besides, the impossibility of applying the institute of settlement agreement for establishing the facts of legal significance due to non-disputability of the relevant requirements has been justified.
The obligation to hold a preparatory meeting in cases of establishing the facts of legal significance has been justified. The importance of preparatory meeting for the performance of civil proceedings objectives in this category of civil cases has been revealed.
The peculiarities of trial of cases of establishing the facts of legal significance as the stage, at which all the facts of the case are ascertained by enquiring the arguments of the applicant and the interested parties and review of the evidence, have been characterized.
The peculiarities of the court’s decision in cases of establishing the facts of legal significance have been revealed. The discrepancy between the legislation on enforcement proceedings and the peculiarities of decisions in this category of civil cases has been ascertained.
Besides, the peculiarities of other cases of establishing the facts of legal significance have been investigated. In particular, these are the cases of establishing the fact of belonging of the legal and other documentation to the person; the fact of the individual being dependent; establishment of the fact of living together with the testator at the opening of the succession; establishing the fact of the person’s ethnic origin or his (her) membership to a particular nationality.
Considerable attention is given to law enforcement practice, identification of the problems of legal settlement and the ways of their solution, analysis of perspective legislation in this area. The result is the development of scientifically substantiated proposals of theoretical and practical nature aimed at, in particular, the elimination of shortcomings in law enforcement and the improvement of the current legislation of Ukraine, which have the features of scientific novelty.
