Luіbarskiy V. Equality of participants in the trial as a constitutional basis of justice in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U000095

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

25-09-2021

Specialized Academic Board

Д 35.140.02

Higher Education Institution "Lviv University of Business and Law"

Essay

2. The dissertation substantiates the theoretical provisions and develops practical recommendations for ensuring the equality of all participants in the trial before the law and the court to solve scientific and applied problems in this area. According to the results of the dissertation for the first time: it is substantiated that the equality of all participants before the law and the court as a constitutional principle of justice is aimed at implementing the idea of the highest value of each person, which determines the content of legislation and practice protection, restoration of violated rights and legitimate interests and non-discrimination; it is argued that each of the principles of law cannot be broader in content and scope than the constitutional principles. On this basis, it is proved that the concept of "principle" is derived from the doctrine of natural law, and the concept of "principle" embodies the principle expressed in positive law, which confirms their common direction, but not identity; the signs of the principle of equality of all participants in the trial before the law and the court have been clarified; It is proposed to amend Article 9 of the Law of Ukraine "On the Judiciary and the Status of Judges" and procedural legislation - Articles 2, 6 of the CPC of Ukraine, Articles 2, 7 of the CPC of Ukraine.

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