Davydov D. Procedural legal regime: theoretical and applied principles

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100157

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

23-12-2020

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

The dissertation research for the first time offered the original concept of the legal nature of the procedural legal regime, which, according to the dissertation, is that the procedural regime is a support mechanism of all types of legal activity, and this is practically not a branch, but a theoretical approach to determining the essence and content of the process mode. The peculiarities of the procedural and legal regime are determined and on this basis, his author's definition is proposed. The author's definition of the notion of «procedural remedies in the structure of the procedural legal regime» is formulated as a coherent system of the methods, techniques and mechanisms, which are objectified in the procedural legal acts (normative, enforcement and enforcement), by which the rights and legitimate interests of the participants are procedurally – legal relations. These tools facilitate the proper implementation of substantive rules and, in their totality, form procedural mechanisms and procedural regimes, including the mechanism of procedural regulation through which the procedural regime is implemented. The directions of optimization of the procedural legal regime are formulated, among them: improvement and increase of efficiency of activity of the competent authorities and their officials in solving legal cases, as well as further development of the institute of procedural analogy.

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