PRIVATE LEGAL ENFORCEMENT IN CIVIL PROTECTIVE LEGAL RELATIONS
Journal Title: Вісник Національної академії правових наук України - Year 2018, Vol 1, Issue 1
Abstract
The diversity of points of view regarding admissibility, sphere, conditions and procedure for the use of private legal enforcement distinguishes this topic among others and contributes to its relevance. The main purpose of the work is to analyze the unlawful enforcement in civil protective relations. Using theoretical methods, the authors established that legal enforcement is divided into state and non-state (private). Criminal actions pose a greater threat to the subject, compared to unlawful actions. It has been established that private enforcement dominates over the state one. Although one of the main drawbacks is the increase of selfgovernance. It has also been established that private legal enforcement is similar to self-defense from a position of the person’s reaction to an unlawful conduct in relation to themselves or other persons. As a result, self-defense is part of private enforcement in civil legal relations, but it is impossible to equate enforcement to self-defense.
Authors and Affiliations
Vitaliy Yarotskiy
PROTECTION MEANS OF TRADEMARKS IN AMBUSH MARKETING CASES
The topicality of research lies in the problem which is caused by the absence of the unique list of protection means for intellectual property on trademarks and services in Ukrainian legislation and also the low applicat...
THE LEGAL NATURE OF RISK IN CONTRACT WORK
The topicality of the stated in the article problem is determined with the risk in contracting legal relations and has a subjective-objective nature, since it includes both objective and subjective factors. The risk is r...
PROTECTION OF SUBJECTIVE CIVIL RIGHTS IN THE MECHANISM OF LEGAL REGULATION
The article attempts to explore the ways of protection of subjective civil rights in the legal regulation mechanism. The concept of the mechanism of legal regulation is revealed, approaches to its interpretation are stud...
GENERAL PROVISIONS ON SUCCESSION IN THE CIVIL LAW OF UKRAINE
The adoption of a number of procedural legislative acts of Ukraine established new rules of procedures, the main of which are fair, impartial and timely consideration and resolution of civil cases in order to protect vio...
HISTORICAL AND LEGAL ANALYSIS OF THE DIRECT MECHANISM TAXATION IN THE 90-S XX CENT. IN UKRAINE
The study of the conditions and peculiarities of the formation of the tax system of Ukraine is of great importance for the development of both historical science and the science of tax law. This problem is very relevant...