Berestova I. Protection of public interests of participants in civil relations: the interconnection of civil justice and constitutional proceedings

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U000683

Applicant for

Specialization

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

25-09-2019

Specialized Academic Board

Д 26.007.04

National Academy of Internal Affairs

Essay

The dissertation is the first comprehensive scientific research of interdisciplinary protection of public interests of civil relations participants in civil proceedings and constitutional proceedings based on the relationship of these jurisdictional processes. The place of the Constitutional Court of Ukraine in the system of other jurisdictional bodies is clarified. A role in the mechanism for the protection of human and civil rights and freedoms and private law entities is identified. The relationships between civil proceedings and constitutional proceedings are disclosed and their concrete forms in the context of the doctrine of judicial law are outlined. The consistent link between civil proceedings and constitutional proceedings is substantiated: at the stage of the court’s analysis of the actual circumstances of the civil case, the choice and analysis of legal norms, as well as at the stage of judicial review in connection with exceptional circumstances. Significant legislative innovation of the legislative civil procedural order of the rights protection of persons mediated by public interest in civil disputes are stated.

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