COMPLICATIONS IN THE CIVIL PROCESS: PROBLEMS OF METHODOLOGY, DEFECTS OF PROCESSUAL FORM, SECURITY
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 1, Issue 4
Abstract
The article deals with issues concerning the methodological problems of identifying the features and forms of the Institute of complications in the civil process. Their legal nature, which stems from the imperfection and defect of the civil procedural form, is an expression on the surface of both objective and subjective circumstances. It is monitored as destructive behavior as an adverse factor affecting complications, as well as the weakness (incompleteness) of the normative regulation of the judicial procedure. The importance of the judicial control function is noted, as it facilitates detection and elimination of complications during civil court trial. It is proved that security standards are permeated with a security component, as well as the fact that the legal regulation of civil procedural legal relationships is conditioned by complications that require them to be overcome by eliminating conflicts, conflicts, gaps, and so on. It is here that manifests itself without a peck function of legal regulation. Based on the analyzed procedural norms, conclusions are made that the institution of procedural complications is not differentiated, and therefore it is proposed to divide (classify) them in a broad and narrow sense.
Authors and Affiliations
Yaroslav Melnyk
Keywords
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