乌克兰民事诉讼原则制度中程序权利滥用的不可接受性

O. Tymoshenko
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引用次数: 0

摘要

科学工作致力于乌克兰民事诉讼的基础,如滥用程序权利的不可采信性。本文的科学研究目标是对民事诉讼程序权利滥用不可采信原则的理论层面进行界定,分析民事诉讼程序权利滥用的主要种类和形式,分析民事诉讼程序权利滥用存在的法律规制问题,以及实现民事诉讼程序权利滥用的根本有效途径。这种科学研究的高水平现状取决于不同的因素,但我们将承认主要的因素:1)在欧洲一体化进程的背景下,乌克兰迫切需要提供有效的途径,尽快(没有不合理的延误)司法;2)乌克兰因侵犯公平审判权而向欧洲人权法院提出的大量申诉;(3)公平审判权的有效实现与民事当事人的诚信行为之间的直接联系;4)当事人在民事案件中滥用诉讼权利,拖延案件审理的案件时有发生。笔者通过乌克兰法律和法律学说对民事诉讼权利滥用的概念进行了研究。它也不同于其他类似的法律类别。在国家法律实践中,对程序权利滥用的主要种类和形式进行了界定。此外,在乌克兰最普遍的几种滥用程序权利的行为也有其特点。笔者对乌克兰民事诉讼中克服程序权利滥用的法律渊源进行了探讨。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
INADMISSIBILITY OF ABUSE OF PROCEDURAL RIGHTS IN THE SYSTEM OF PRINCIPLES OF CIVIL PROCEEDINGS OF UKRAINE
The scientific work is devoted to the fundemental of civil procedure in Ukraine such as inadmissibility of abuse of procedural rights. The goal of our scientific research is definition of theoretic aspects of the princilple of inadmissibility of abuse of civil procedural rights, analisis of the main kinds and forms of such abuse, problems of legal reglamentation and realization of this fundemental and effective ways to overcome and prevent the abuse of procedural rights in civil procedure. The high level of this scientific research's actuality depends on different factors, bit we will admit the main ones: 1) the urgent need in Ukraine to supply the access to effective, as fast as possible (without unreasonble delays) justice against the backdropof european integration processes; 2) the large number of complaints against Ukraine to European Court of Human Rights because of violation right to a fair trial; 3)the direct connection between the effective realization of the right to a fair trial and the good faith conduct of parties in the civil case; 4) frequent cases of abuse of procedural rights by parties in the civil cases in order to delay the consideration of a case. The author researched the term of abuse of civil procedural rights through the Ukrainian laws and law doctrine. Also it was differed from other similar legal categories. There were defined the main kinds and forms of abuse of procedural rights in national legal practice. Also there were given the characteristics to the most popular kinds of abuse of procedural rights in Ukraine. The author paid attention to legal gears of overcomming of abuse of procedural rights in civil procedure in Ukraine.
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