Tkachuk O. The realization of judicial power in civil process of Ukraine: structural-functional aspect.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0516U000921

Applicant for

Specialization

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

02-12-2016

Specialized Academic Board

Д 64.051.28

V.N. Karazin Kharkiv National University

Essay

The object of study: the implementation of the judiciary in civil proceedings as a legal reality. Objective: creation of the concept of structural-functional model of the implementation of civil proceedings judicary in the conditions of implementation of the rule of law. Methods: The basic general and specific methods of scientific knowledge: historical, dialectical, system and structural-functional, formal-legal, comparative-legal, logical (abstraction, analysis, synthesis, induction, deduction, extrapolation, modeling). Theoretical and practical results, scientific novelty: for the first time a model of implementation of the judicial authority in civil proceedings in view of the structural and functional aspects of Europeanization of civil proceedings; examined judicial authority not only in terms of its "state-attribute" features (static), but also the dynamic features and executing functions of the judiciary as one of the forms of state powers; disclosed civil procedural form as the main term in a categorial row «judicial authority» - «civil procedural relationships» - «civil proceedings»; characterized valuable in itself and phenomenological essence of law; disclosed the problem of simplified procedures of civil litigation from the viewpoint of ensuring the principle of proportionality, public and private interests of justice. Formulated proposal to highlight three basic mediation procedure in accordance to the criteria of integration in the court proceedings. Improved scientific principles regarding the functions of the judiciary in civil proceedings. Took out further development of theoretical positions of the impact of globalization on civil proceedings. Practical value: the results of the thesis can be used in scientific research - for further analysis of the universal problems of science of civil procedure law theoretical and methodological and applied nature; in legislative activity - in the determination of procedural policy and development and adoption of regulations aimed at ensuring the effectiveness of the civil proceedings and related justice sphere. A scope of use: law application - to optimize and increase the level of professionalism of the judicial practice in the area of civil litigation and related justice field. In the educational process - the preparation of textbooks and teaching aids, educational resources for teaching disciplines of procedural branches of law.

Files

Similar theses