THE CORRELATION BETWEEN INDIVIDUAL NON- PROPERTY RIGHTS AND PRINCIPLES OF THE CIVILISTIC PROCESS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the study of the principles of the civilistic process, related to the protection and defence of individual non-property rights. As a result of the analysis of legislation and scientific doctrine, the author validates the need to consolidate the principles in the legislation that is regulating the activities of state authorized to exercise the jurisdictional function, including particular notaries, judges, and executors. Personal non-property rights, the need for their protection and security are the basis for identifying the principles of certain types of proceedings that are a part of the civil process. Considering personal non-property relations, it is necessary to stay on the ratio of personal non-property rights and principles of the civil process, features of the legal regulation of certain personal non-property rights in civil procedural legal relations. It is important to note that we paid attention to personal non-property rights in the civil process, but the nature of the legal relationships that are in it should be taken as the basis. Thus, the notarial secret is a general rule in the activities of notaries; however, nobody restricts the right of the testator to publicly tell about his will and to declare its contents. It is important to take into account since in these legal relations only the notary and other officials are obliged to observe the notarial secret. In the case when several individuals appeal to the notary for the purpose of certification of the contract, whether the information that became known as a result of a notarized transaction would be confidential, whether sanctions for non-compliance with this rule will be applied, they will decide by themselves. As for the relations in court, the issue of information protection is being resolved differently because, unlike the notarial process, where the parties are free to exercise their rights, in the proceedings, the defendant is not asked about the consent to participate in the proceedings. Therefore, we consider it sufficient if one of the parties stated the desire to hear a case in private and made a reference to the confidentiality of information related to personal non-property rights, etc. It is also advisable to apply this rule in the enforcement proceedings.
Authors and Affiliations
І. В Бондар
Keywords
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