ROLE OF CIVIL PROCEDURE ADJUSTMENT MECHANISM IN PROMOTING EFFECTIVENESS CIVIL PROCEEDING
Journal Title: «Приватне та публічне право» - Year 2017, Vol 2, Issue
Abstract
FECTIVENESS CIVIL PROCEEDING The article studies the mechanism of influence of the right to regulated social relations that encourage the disclosure of the course of realization of the principles of civil procedure and rules of civil procedure law in the judicial process participants civil process. The author argues that “the mechanism of legal regulation” and “the mechanism of civil procedure regulation” are different concepts that should be studied, based on their understanding of both general and specific. The mechanism of civil procedure regulation mechanism is an integral part of general government regulation, which comes into effect in the event of obstacles to the regulation. However, studies of the mechanism of regulation of civil procedure only in the plane of its role as a constituent element of the mechanism of general government regulation is one-sided. In addition, the mechanism of regulation of civil procedure has the following specific criteria: having its own method of legal regulation; regulates relations arising from family, labor, civil, land and other relationships; is systemic; aimed at a fair, impartial and timely consideration and resolution of civil cases; has a dual nature, which is a combination of unity and differentiation of its components. The author of the role of civil procedural regulation mechanism to achieve efficiency of justice in civil cases is that it is through proper legal regulation of procedural participants of civil process is possible to achieve a high level of protection of rights, freedoms and interests of individuals.
Authors and Affiliations
А. Л. , Паскар
Keywords
Related Articles
- EP ID EP444340
- DOI -
- Views 92
- Downloads 0
THE USE OF CRIMINALISTIC KNOWLEDGE IN JUDICIAL CONSIDERATIONS OF CRIMINAL PROCEEDINGS
In the article, the author identifies one of the long-overdue problems the question of the fundamental possibility and the practical necessity of using the available forensic knowledge in the implementation of justice, o...
ISSUE OF PUBLIC POLICY IN RECOGNITION AND GIVING THE PERMISSION TO ENFORCEMENT OF THE ARBITRAL AWARDS OF INTERNATIONAL COMMERCIAL ARBITRATION
This article studies issue of public policy in recognition and giving the permission of the court to enforcement of the arbitral awards of international commercial arbitration. The content of public policy clause is that...
ACTION OF THE PRINCIPLE OF COMBINING PUBLICITY WITH ITS POSSIBLE LIMITATION IN CIVIL JUDICIAL PROCEDURE AT CONSIDERATION OF THE JUDICIAL TRIALS OF ADOPTION CASES
The article investigates the problem of possibility to limit on some grounds functioning of the principle of combining publicity with its possible limitation in civil judicial procedure. Inquiring into the procedural con...
ON THE ORDER OF INTERACTION OF ARBITRATION WITH THE SYSTEM OF GENERAL COURTS OF UKRAINE
The article analyzes the current state of the domestic arbitration legislation regarding the regulation of arbitration interaction with the system of general courts of Ukraine. The author reviews scientific publications...
ADMINISTRATIVE LEGAL FRAMEWORK FOR THE INTERACTION OF UKRAINE AND THE EUROPEAN UNION IN THE HUMAN RIGHTS PROTECTION SPHERE
The article is devoted to the study of the administrative and legal bases of interaction between Ukraine and the European Union in the field of protection of the rights, freedoms and legitimate interests of a person and...