DEFINITIONAL FEATURES OF STATUTORY CONSOLIDATION OF THE PHENOMENOM OF «SECURITY» CATEGORY IN THE SOURCES (FORMS) OF CIVIL PROCEDURAL LAW
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
The article is devoted to the clarification of the features of the consolidation in the sources (forms) of civil procedural law categories, which are connected with the phenomenon of «security». The semantic meaning of the terminology of «security» and «ensure» phenomenon is clarified and its dependence of security and protection is settled as procedural and legal category which is compared with the protection and enforcement in civil proceedings. The valid civil procedural law is analyzed as in its sources as the Constitution of Ukraine, Civil Procedure of Ukraine, the Civil Code of Ukraine, Laws of Ukraine «On the Judicial System and Status of Judges», «On National Security of Ukraine», «On execution of decisions and application of the European Court of Human Rights: Verkhovna Rada of Ukraine,» «On Advocacy», etc. Due to this analyze, the relationships between the phenomenon of security as the legal category and civil procedural law system, the implementation of civil procedure, civil procedural form, the rights and obligations of participants in civil legal proceedings have been found and brought. As a result, it is allowed to speak about the distinction and emphasizing on procedural regime for consideration and resolution of civil cases, especially in special regime – the civil procedural security regime. The genetic connection with sources (forms) of civil procedure in the vertical and horizontal statement of the phenomenon and category of civil procedural security of public and private, substantive and procedural laws is noted. The thesis that the phenomenon of «security» is approved and personified not only as the procedural regime level, but also as the civil procedural form, thus complementing the purpose of civil proceedings.
Authors and Affiliations
Я. Я. Мельник
Keywords
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