Tsuvina T. Principle of Rule of Law in Civil Procedure: Theoretical and Practical Study.

The dissertation is devoted to a comprehensive study of the principle of the rule of law in civil procedure and its structurally complex content. It is stated that the rule of law principle possesses an overriding quality as a universally recognized principle and norm of international law jus cogens in the field of civil justice. The whole system of principles of civil justice is a result of the rule of law idea unfolded in the realm of civil procedure. The rule of law principle is described as a meta-principle (‘umbrella’ principle), which encompasses the following components: access to justice, independence and impartiality of the court, the right to be heard, legality, legal certainty and proportionality. Access to justice, independence and impartiality of the court, the right to be heard are the sub-principles that ensure the procedural aspect of the rule of law in civil procedure and together constitute the core of the concept of due judicial process. Legality and legal certainty are the sub-principles that warrant the sustainability of law application and stability of court decisions in civil cases. Proportionality ensures the balance of private and public interests and the legitimacy of human rights restrictions within the trial and when a judgment in civil cases is delivered. The separate components of the rule of law principle are characterized taking into account the peculiarities of civil procedure area. The theoretical tenets and practical conclusions aimed at improving the civil procedural law and judicial practice are proffered in the dissertation.