Kucher T. Prove theory in the civilistic process.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0517U000357

Applicant for

Specialization

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

16-05-2017

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The doctoral thesis is devoted to combined, thorough, all-round study of the nature of prove in civilistic process as a scientific association of notary, civil enforcement and executive processes with the release of its elements (evidence, ways of proving, proving, arguments, motives, etc.). It was found quintessence of the elements of prove, their characterized features, correlation connections that allowed to develop a conceptual apparatus of investigated elements and distinguish prove system, with its inherent subsystems: formal, mental, summary, final, testing. Substantiated proof place in the Ukraine system of law as an integrated interdisciplinary institute. Setting preconditions of prove became the basis for the formation of an entirely new level of cognition - theories with the release of its components (content, methodology, functions, principles), disclosing their intentions, connections. A universal model of prove in civilistic process was developed, which is applicable and within its individual components. The specific features of prove were revealed in a notary, civil and enforcement process for a wide, full and adequate use of it in practice. The specific propositions for improving the legislation of Ukraine were formulated, in particular: civil procedure, notary and legislation about enforcement.

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