Identifying the main areas of study of constitutional principles of civil proceedings

The article is devoted to the study of the main areas of research on the constitutional principles of civil proceedings. The researcher addresses the issue more comprehensively and provides some factors that may affect the course of the study. The author analyses the areas which influence the study of the constitutional principles of civil justice. In particular, the author emphasises the trend towards the fundamentalisation of human rights and freedoms. It should be noted that they began to form most clearly immediately after the end of the Second World War when the former liberal ideas underlying the existing legal order were replaced by new values, which became human rights and freedoms. The author proves that only democratic legal procedures and respect for human rights and liberties can be the basis for the activities of modern states and be applied to the judiciary and civil proceedings. The author suggests that numerous international legal documents reflecting the state of development, changes and consolidation of human rights and freedoms, in particular, those which form the model of civil proceedings, are a promising area for analysis. The author argues that the legal phenomenon of the rule of law has a more significant impact than the legislator gives it. The author explains its defining and essential importance for the system of principles, which is a necessary direction for studying the constitutional principles of civil justice. In addition, the author believes that the stage of reform and adaptation which Ukrainian legislation is undergoing as part of its approximation to the EU legislation is important as one of the next areas of research. The impact of constitutional provisions on justice is also significant. The article examines the impact of the Constitution of Ukraine on sectoral legislation and its significance for establishing the scope of civil justice. The article analyses the importance of the rule of law for legislative and law enforcement activities. The author proves the necessity of referring to the category of a system of principles because of their legislative consolidation. The author focuses on the importance of developing clear criteria for classifying a provision as a principle of civil procedure. The author emphasises the need for critical analysis and study of judicial practice to research the constitutional principles of civil procedure.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-09-21
DOI
https://doi.org/10.24144/2307-3322.2024.84.1.47
Primary Topic
Legal and Regulatory Analysis
Type
article
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article

Identifying the main areas of study of constitutional principles of civil proceedings

Yaroslav Lysiuk
Uzhhorod National University Herald Series Law
Legal and Regulatory Analysis
article

Identifying the main areas of study of constitutional principles of civil proceedings

Yaroslav Lysiuk
article en

Abstract

The article is devoted to the study of the main areas of research on the constitutional principles of civil proceedings. The researcher addresses the issue more comprehensively and provides some factors that may affect the course of the study. The author analyses the areas which influence the study of the constitutional principles of civil justice. In particular, the author emphasises the trend towards the fundamentalisation of human rights and freedoms. It should be noted that they began to form most clearly immediately after the end of the Second World War when the former liberal ideas underlying the existing legal order were replaced by new values, which became human rights and freedoms. The author proves that only democratic legal procedures and respect for human rights and liberties can be the basis for the activities of modern states and be applied to the judiciary and civil proceedings. The author suggests that numerous international legal documents reflecting the state of development, changes and consolidation of human rights and freedoms, in particular, those which form the model of civil proceedings, are a promising area for analysis. The author argues that the legal phenomenon of the rule of law has a more significant impact than the legislator gives it. The author explains its defining and essential importance for the system of principles, which is a necessary direction for studying the constitutional principles of civil justice. In addition, the author believes that the stage of reform and adaptation which Ukrainian legislation is undergoing as part of its approximation to the EU legislation is important as one of the next areas of research. The impact of constitutional provisions on justice is also significant. The article examines the impact of the Constitution of Ukraine on sectoral legislation and its significance for establishing the scope of civil justice. The article analyses the importance of the rule of law for legislative and law enforcement activities. The author proves the necessity of referring to the category of a system of principles because of their legislative consolidation. The author focuses on the importance of developing clear criteria for classifying a provision as a principle of civil procedure. The author emphasises the need for critical analysis and study of judicial practice to research the constitutional principles of civil procedure.

Uzhhorod National University Herald Series LawVol. 1(84)
Weatherford College (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 87%
Legal and Regulatory Analysis
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