Lutska H. Legal support of protection of civil rights of citizens in the temporarily occupied territory of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U102071

Applicant for

Specialization

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

07-05-2021

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

The thesis contains the comprehensive research of theoretical and legal fundamentals and practical problems of legal support of protection of civil rights of citizens in the temporarily occupied territory of Ukraine within civil procedure. The legislative fundamentals of regulation of civil law and civil procedural relations with the participation of citizens in the temporarily occupied territory are considered. The thesis provides a description of the features of the implementation of civil rights of citizens living in the temporarily occupied territory in the notarial procedure. The author formulates a theoretical model of the notarial procedure complicated by the legal regime of the temporarily occupied territory. Procedural features of protection of civil rights of citizens living in the temporarily occupied territory in civil proceedings are established as well. The author outlines directions of increasing the efficiency of protection of civil rights of citizens in the temporarily occupied territory. The thesis includes the prospects for the introduction of remote (online) notarial proceedings in the temporarily occupied territory and the use of artificial intelligence in civil proceedings. It is established that the temporary occupation of part of the territory of Ukraine occurred as a juridical fact in the mechanism of civil law and civil procedural regulation, namely an actual fact, reversible ongoing social event, phenomenon of real and legal reality caused by violation of international law in a clearly defined territory. It is proved that the legal regime of temporary occupation of the territory led to the emergence of a legal phenomenon in Ukraine called «a quasi-foreign element», which requires further research through the prism of protection of citizens’ rights in the temporarily occupied territory.

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