Grounds for applying procedural coercive measures in light of the reform of the civil procedural legislation of Ukraine
Journal Title: Право та державне управління - Year 2017, Vol 3, Issue
Abstract
It is concluded that in the draft of the CPC of Ukraine, the general principle of the insti- tution of the "Measles of coercive measures" institution is the principle of normative defini- tion of the range of actions for which the measures of procedural coercion may be applied. Investigating the notion of measures of procedural coercion proposed in the Draft GCP of Ukraine, it is concluded that, unlike the definition established in the current GIC of Ukraine, in which the basis of the application of the appropriate measures are not the actions of the parties of production themselves, but their consequences, that is, the violation of the rules established in the court or unlawful interference with the implementation of civil proceed- ings (Article 90 of the Code of Civil Procedure of Ukraine), the basis for the application of measures of procedural coercion – certain cases of the GPC (Article 144 of the Draft T K Ukraine).
Authors and Affiliations
О. В. Рожнов
Keywords
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