Starchenko O. The use of special knowledge in the civil process of Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100446

Applicant for

Specialization

  • 081 - Право

16-06-2023

Specialized Academic Board

ДФ 26.001.407

Taras Shevchenko National University of Kyiv

Essay

Presented PhD research is devoted to conducting a comprehensive general theoretical analysis of the use of special knowledge (expertise) in the civil process of Ukraine and its importance for the implementation of the process of proof. In the dissertation research, scientific approaches to the definition of the concept of «special knowledge» are summarized and systematized and the author’s definition of this concept is suggested. During the analysis of the limits of the use of special knowledge, it was determined that the following legal knowledge should be classified as special knowledge: 1) knowledge of foreign legislation, international legal acts, and European Court of Human Rights practice; 2) knowledge of the practice of applying analogy of law and analogy of the law in specific disputed legal relations; and 3) knowledge of legal acts relating to a specific field of activity of the subject of the use of special knowledge.

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