Competition of parties as the basic principle of civil proceedings.
Journal Title: Прикарпатський юридичний вісник - Year 2018, Vol 1, Issue 3
Abstract
The contents of the principle of competition in civil proceedings and its place among other groups of princi ples’ classifications are revealed. It is substantiated that the basis of the civil process is the principle of competition between the parties. That means the finding the court in the relationship between them through the exchange of evidence, enshrined in the procedural form. At the same time, attention is focused on the court’s own initiative – as a “court right” – in particular, in cases of litigation, in relation to the gathering of evidence. In this regard, in understanding the principle of competition, a new content is laid, without thereby violating the principle of discretion. A conclusion is made on the introduction of a fair trial model in the framework of a modern civil process, which would include a mixed type of justice, providing affordable justice.
Authors and Affiliations
І. В. Пасайлюк
Keywords
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