ACTION OF THE PRINCIPLE OF COMBINING PUBLICITY WITH ITS POSSIBLE LIMITATION IN CIVIL JUDICIAL PROCEDURE AT CONSIDERATION OF THE JUDICIAL TRIALS OF ADOPTION CASES
Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue
Abstract
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 content of the principle of judicial procedure publicity in civil cases, the paper contends that publicity is manifested most fully in an open trial which according to part 2 of Article 6 of the Civil procedural code of Ukraine is the main content component of publicity of judicial procedure in civil cases. The grounds and general order of civil trial in camera form a significant element of content of publicity of civil judicial procedure. The author proves that the necessity to maintain confidentiality of adoption is the reason to try such cases in camera provided there is a petition by the applicant (applicants). The author comes to a conclusion that Article 6 of the Civil procedural code of Ukraine which envisages judicial trial of cases (including adoption cases) in camera depending upon the availability of a petition by parties is formulated correctly and needs no additional alterations.
Authors and Affiliations
В. А. Кройтор
Keywords
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