ACCESS TO THE COURT OF THE PERSON, REGARDING WHICH THE APPLICATION FOR RECOGNIZING IT IS INCAPACITATED
Journal Title: Молодий вчений - Year 2017, Vol 6, Issue 46
Abstract
This study highlights the problem of the realization of the right of access to a person's court, in respect of which the issue of recognizing him as incompetent is being considered. The participation of such a person in accordance with the Civil Procedure Code of Ukraine is not mandatory and in each case is decided by the judge on its own initiative at its own discretion. Under such conditions, there is a violation of the constitutional right to access to court. A comparative analysis of domestic jurisprudence has been carried out with the practice of the European Court of Human Rights regarding the consideration of this category of cases. The main factors of the problem and ways to overcome them are identified.
Authors and Affiliations
M. Y. Mertsalov
Keywords
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