Riabchenko Y. The subject of law of civil procedure in the modern paradigm of law

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U000387

Applicant for

Specialization

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

23-05-2019

Specialized Academic Board

Д 64.051.28

V.N. Karazin Kharkiv National University

Essay

Object of research: the subject of law of civil procedure in civil procedural relation, legal properties and qualities of a person, human rights, legal constructions of legal personality, legal status, which reflected in the theoretical provisions of domestic and foreign science of law of civil procedure. Purpose: to determine the essential characteristics of the subject of law of civil procedure, which form the basis of its legal structure, taking into account the current state and trends of law of civil procedure, the neoteric paradigm of legal thinking, substantiation of prospects for the development of the institute of the subject of law of civil procedure, the formulation of guidelines for the use of courts the relevant provisions of law of civil procedure. Methods: dialectical, logical-semantic, formal-legal, phenomenological, comparative-legal, hermeneutical approach. Scientific novelty: the expediency of introducing an approach to the consideration of the subject of law of civil procedure as a base legal reality category for the field of law of civil procedure is substantiated. Disclose the essence of the subject of law of civil procedure as a category in which the legal properties of a person are reflected, which in the end emphasizes the ascending nature of the socio-legal value of the subject in civil procedural legal relations. Taking into account the modern value orientations in the legal doctrine the author's definition of the concept of «subject of law of civil procedure» is given from the standpoint of its dynamic nature. Developed the author's legal structure of the subject of law of civil procedure, based on the definition of general and special parts in the structure of the subject. The character of the mutual influence of the development of the doctrine, the field of law of civil procedure and the development of the provisions on the subjects of this branch of law are determined. It is proved that the practice of the European Court of Human Rights should be considered as one of the sources of penetration of natural-law approaches in the national doctrine of law of civil procedure. The theoretical principles of improvement of the provisions concerning the subject of law of civil procedure are substantiated. Practical significance: the significance of the study is that in the dissertation the theoretical generalization was carried out and a new solution to the scientific problem was proposed - the definition of the essence and content of the subject of law of civil procedure, the formation of his scientifically grounded concept, based on the modern human-oriented paradigm of legal thinking. Scope of application: further research of general theoretical issues of the field of law of civil procedure; elaboration of new and improvement of existing normative acts regulating civil procedural legal relations concerning participation of a person in court proceedings; publication of explanations of the provisions of the current procedural law, direct use by the courts in court cases; preparation of textbooks and manuals on discipline «Civil process», corresponding special courses, other teaching materials.

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