RETURN OF STATEMENT OF CLAIM AS A PROCEDURAL CONCEPT SERVING TO ESTABLISH BALANCE BETWEEN ABUSE OF RIGHT OF ACTION AND EXERCISE THEREOF
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 36, Issue 1
Abstract
The concept of return of statement of claim in the context of creation of right of action and exercise thereof is examined in the article. Attention is paid to historical perspective in introduction of the procedural concept of return of statement of claim. Target of the study is contemporary civil procedural law of Ukraine and Russia, as well as relevant doctrines and relationships, which are formed in the process of exercising one’s right of defense at the first stages of civil proceeding initiation. The article emphasizes the necessity of effective functioning of the concept under consideration, taking into account that it can restrict one’s right to judicial protection and create conditions for abuse of rights.
Authors and Affiliations
Н. Г. Колядіна
Keywords
Related Articles
- EP ID EP468257
- DOI -
- Views 89
- Downloads 0
SERVICE AGREEMENT AS A KIND OF THE CONSUMER CONTRACT
The analysis of current legislation is made, which define a concept of the consumer contract and attribution to consumer contracts of service provision, the analysis of doctrinal provisions of civil jurisprudence concer...
CERTAIN ISSUES OF SPECIALIZATION OF JUDGES IN CRIMINAL PROCEEDINGS
The article is devoted to the consideration of individual issues of judges’ specialization in criminal proceedings. The practice of the national courts regarding the determination of the composition of the court without...
MULTIFUNCTIONALITY OF REGULATORY PROHIBITIONS IN LEGAL PRACTICE
The article deals with the variety of social control functions for the influence of prohibitions in legal rules on the legal practice subjects. It is noted that a variety of social control functions exists due to the pol...
PROCESSOAL LATEST PROCEEDINGS UNDER THE INNOVATIVE CIRCUMSTANCES
The article is devoted to the analysis of criminal procedural terms that a reused in carrying out proceeding sunder newly discovered circum stances. The article analyzes the terms established in the proceeding sunder the...
SPECIFIC ASPECTS OF IMPROVING MECHANISM FOR THE CONSUMING OF HOUSING AND COMMUNAL SERVICES AND PAYMENTS FOR THOSE CITIZENS
The article is devoted to separate issues of implementation of housing and communal services accounting in the housing stock of Ukraine. It was stated that almost all housing and communal services reform programs envisag...