PLACE OF THE INTERNATIONAL CIVIL PROCESS IN NATIONAL LEGAL SYSTEMS OF SOVEREIGN STATE
Journal Title: Правовий часопис Донбасу - Year 2014, Vol 51, Issue 4
Abstract
This article addresses some institutions of international civil procedure in the light of a number of laws on private international law of some countries of Europe and Ukraine. Analyzed the findings of scientists protsesualist place international civil procedure in national legal systems and its subject of regulation. It is concluded that the norms MTSP enshrining common standards of national civil procedure, which the government has pledged to adhere to becoming a member of the relevant international agreements. It is emphasized that civil procedural rules applicable to the resolution of "foreign elements" contained in the Civil Code and some European countries. This item MTSP regulation goes beyond the traditional understanding of civil procedural relations. Interaction of national legal systems and international law is manifested in a consistent regulation of relations pertaining to the subject of regulation MTSP. Substantiates the conclusion that the objects of the International Civil Procedure applies, except for civil justice, the relationship of: 1) the courts (jurisdiction and jurisdiction) with respect to cases arising from civil, family, labor relations with foreign or international element in a legal sense proceedings this case brought in a foreign court and there is not completed; 2) procedural position of members of civil proceedings - foreign individuals and entities, states, diplomatic and consular agents, officials of international organizations; 3) the admissibility of evidence obtained in a foreign country; 4) the procedure to determine the content of a foreign (substantive and procedural) law and its application; 5) legal assistance in civil, commercial and family matters, including letters rogatory, recognition of foreign arbitration agreements, enforcement of foreign arbitration, recognition of foreign administrative provisions on personal status of citizens; 6) on the part of notaries and other authorities in the protection of moral and property rights of members internationally - legal relations.Explanations parties or questioning witnesses: some problems of regulatory civil proceedings.
Authors and Affiliations
Irina Vereshchinska
Keywords
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