RELATIONSHIP BETWEEN THE RULES OF FAMILY LAW AND THE PROCEDURAL FORM OF NON-RECOURSE CIVIL PROCEEDINGS
Journal Title: Вісник Національної академії правових наук України - Year 2018, Vol 1, Issue 2
Abstract
The scientific article is devoted to the general provisions of the relationship between the rules of family law and the procedural form of non-recourse civil proceedings. To achieve this goal, the authors used a variety of theoretical scientific methods, such as systematic, dogmatic, formal-logical and methods of induction (deduction). It was established that the general and special procedural form of non-recourse civil proceedings is conditioned by the content and nature of the rules of the family law of the complex legal nature, which is manifested in the generic and categorical properties of court cases. The generic properties of court cases determine the specifics of the procedure for consideration of civil cases, a special civil procedural form. Categorical properties of court cases determine their jurisdiction and jurisdiction, the composition of persons involved in the case, the subject of evidence, that is, the general civil procedural form. By the degree of influence from the family-legal regulation, all institutes of civil procedural law that regulate the procedure for reviewing cases concerning the protection of family rights and interests, are proposed differentiated by: 1) institutes of civil procedural law, which are the subject of direct influence from the family law regulation, which is confirmed by the largest volume of complex family-legal norms; 2) institutes of civil procedural law, which are the object of indirect influence from the family-legal regulation, which manifests itself in the establishment of special rules at various stages of the civil process during the consideration of the court cases on the protection of family rights and interests.
Authors and Affiliations
Svitlana Bychkova, Anna Churpita
Keywords
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- EP ID EP496147
- DOI 10.31359/1993-0909-2018-25-2-174
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