Kroitor V. Theoretical and Methodological Foundations for the Formation and Functioning of the System of Principles of Civil Justice System

The author of the dissertation has formulated and substantiated the conceptual model of transformation of the system of principles of civil justice taking into account the concepts of the current civil procedural legislation, the Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court of Human Rights. Review of the structure and system of principles of civil justice allows us to conclude that they are closely interrelated and interdependent, that is, a certain model of the system of these principles is built. The model of transformation of the system of principles of civil justice according to its essential features is determined by: understanding the essence of the principles of civil justice from the standpoint of integrative (natural and positive) legal understanding; the correlation and implementation of generally accepted principles and norms of international law and the principles enshrined in national legislation; functional purpose of the principles of civil justice, which is manifested in law-making and law-enforcement activities; improving the effectiveness of legal regulation through the potential of the principles of civil justice by giving them the quality of an independent regulatory mean.