Tkachuk A. Abuse of Procedural Rights in Civil Procedure of Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100073

Applicant for

Specialization

  • 081 - Право. Право

25-06-2020

Specialized Academic Board

ДФ 26.001.008

Taras Shevchenko National University of Kyiv

Essay

The dissertation is a complex research study of the problems of abuse of procedural rights in civil proceedings as a specific kind of procedural activity. Based on the conducted research, a system of effective remedies against abuse of procedural rights was proposed to ensure fair, impartial and timely consideration and resolution of civil cases. As a result of dissertation research, provisions of author are formulated and submitted for defence that contain elements of scientific novelty. The position according to which abuse of procedural rights in modern law enforcement should be considered in organic unity with the right to a fair trial, provided in paragraph 1 of Article 6 ECHR. In this context, the abuse of individual participants in civil proceedings by their procedural rights is to create obstacles to the achievement of the purpose of civil proceedings and the realization of the persons involved in the case, their right to a fair trial.

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