ON THE ISSUE OF IMPROVING THE LEGAL MECHANISM FOR THE PROTECTION OF CIVIL RIGHTS IN THE WRIT PROCEEDINGS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article has a review of legal regulation improvement of civil process relations mechanism in one of the types of trial named writ proceeding. Taking into account that legislation allows to consider requirements in certain lawsuit order, it has been suggested to introduce a repeal of necessity to apply to court in order of writ proceeding and empower a person who is interested in defense to choose the form of application. The opinion about irrational right regulation of relation as for giving a writ and regulation of the debtor’s actions is being substantiated. It is directed to a judge to review his opinion and cancellation of writ with others processing’s facilities. The comparison of power of the court and notary during exercise of powers for satisfying creditor’s requirements in indisputable order is being done. The necessity to cancel a procedure of fulfilling an executive inscription doing by notary and suggestion to review requirements for writ proceedings consideration is being substantiated.
Authors and Affiliations
О. М. Стасюк
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