Оptionality as a feature of civil justice
Journal Title: Актуальні проблеми держави і права - Year 2016, Vol 77, Issue
Abstract
Article is devoted to research of a optionality of civil legal proceedings. The author analyzes various approaches to the explanation of essence of a optionality presented in legal science. Owing to comparison of a optionality in the material and procedural relations a valid conclusion that domineering, public character of legal proceedings is imposed on the disputable material relations, and the result of civil legal proceedings is already defined by interaction of the corresponding bases. In article it is proved that freedom and the subjective right as its legal display aren’t sufficient for the explanation of essence of a optionality. The optionality reveals as property of civil process which displays the defining nature of influence of will of interested persons on determination of procedural activity of court and its results.
Authors and Affiliations
О. В. Дем’янова
Keywords
Related Articles
- EP ID EP444498
- DOI -
- Views 85
- Downloads 0
Interaction of executive power with civil society in the mechanism of ensuring information safety of minors.
The urgency of the problems of ensuring information security, in particular concerning minors, led to actualization of theoretical consideration of issues of interaction of executive authorities with civil society instit...
Forms of the of state trade representatives’ activities.
The article is devoted to the study on the forms of the trade missions’ activity abroad. The author determines the functions of these foreign affairs bodies, focusing on practical aspects of their implementation and regu...
The defenition of “municipal transport” in the field of administrative and legal regulation
The article reveals the definition of “municipal transport” in the field of administrative and legal regulation. Figuring out the essence of this concept was carried out through the research the concepts of “transport”,...
Some aspects of defining technical means of video recording of procedural actions in video conferencing mode.
The specifics and problems of determining the technical means of video recording, by means of which the course and results of investigation (search) action and other procedural actions carried out in the mode of videocon...
The legal status of subjects of social dialogue at the territorial level
The article examines the legal status of subjects of social dialogue in the field of labour at the territorial level. Author studies problematic issues of the establishing trade unions and employers’ organizations, som...