JURISDICTION OF CIVIL CASES ARISING FROM INDIVIDUAL NONPROPERTY RELATIONS
Journal Title: Судова та слідча практика в Україні - Year 2018, Vol 7, Issue
Abstract
The article deals with the issues of jurisdiction of disputes arising from individual non-property relations. Individual non-property relations can be not only civil ones, but also family, lab our, ecological, housing, etc. Their subjects are not only individuals, but also juridical persons, in some cases, even the state authorities and local self-government. Under such circumstances, there is no only one possible jurisdiction of the disputes arising from personal non-property legal relations. The problematic aspects of demarcation of civil, administrative and economic jurisdictions are revealed. The author investigate national legislation, case law and scientific approaches to this issue. Protection and defence of personal non-property rights in civil procedure is carried out in the procedure of a litigious procedure and an ex parte proceeding. The analysis of cases of the compact procedure gives us an opportunity to make a conclusion that all of them are cases with property character about the recovery of money, and therefore, in general, they are not considered as cases of protection or defence of individual non-property rights. But despite the analysis of judicial statistics, which shows a small number of cases arising from individual non-property legal relationships, there are a lot. So it is necessary to improve the legislation for protection the individual non-property rights.
Authors and Affiliations
І. В Бондар
Keywords
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