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the Conclusion

Research of problems of the civil remedial legal personality leads to a conclusion that the institute of the civil remedial legal personality is fundamental institute of the civil law of procedure, without which civil procedure occurrence, justice realisation on civil cases, and also realisation of protection of rights and interests protected by the law are impossible.

This conclusion has basic value not only for research of essence of this institute, but also in connection with prospective workings out of the new civil remedial legislation, forms of legal proceedings in view of realisation is judicial - legal reform and reduction sudoustrojstvennogo and the remedial legislation in conformity with the Constitution of Ukraine.

Special value has this conclusion for improvement of a legal status of subjects of civil remedial legal relations by preparation of project GPK.

Research of problems of the civil remedial legal personality as institute of the civil law of procedure has allowed to define its maintenance as set of the legal capacity, capacity and the rights defined by the law and duties, and also powers of subjects of remedial activity. Taking into account it the conclusion becomes, that the uniform legal personality for all participants of civil procedure does not exist, as the specific complex of civil laws of procedure and duties is inherent in each subject. At such approach became obvious, that in the remedial legislation it is not necessary to fix a legal regulation of the civil standing in court and capacity, and it is necessary to pass to fastening of the civil remedial legal personality as sets of the certain rights and duties or powers which are inherent in this or that subject of remedial activity.

At research of problems of the civil remedial legal personality were studied as theoretical aspects of the specified institute, so the practical.

The special attention in work is given research of the legal personality of bodies of the judicial authority which is defined by the competence as set of the powers defined by the law. Recommendations concerning improvement of the civil remedial legal personality of bodies of the judicial authority are thus formulated.

In dissertational research the maintenance of the civil remedial legal personality of the parties and the third parties was studied by means of the analysis of the rights and duties of the specified subjects laying in the basis of principles of competitiveness and optionality of the civil law of procedure therefore it is offered to improve some elements of the civil remedial legal personality of the specified subjects

Civil remedial legal relations towards strengthening

sostjazatelnyh and the optional beginnings of civil legal proceedings.

In work have found reflexion practically all prominent aspects of the civil remedial legal personality, the analysis of the theory of a question on the basis of what recommendations about the further perfection of the civil remedial legislation are given that can be used by working out of the project of the new Civil code of practice of Ukraine.

Thus, the dissertational research, having the subject complex institute of the civil law of procedure, having reflected research of dogma of the right and technics of jurisprudence, has allowed to define incompleteness of the legal doctrine and lacks of the current legislation of sphere of realisation of institute of the civil remedial legal personality.

Besides, given research has allowed to plan and new actual problems which were not a subject of special research, however matter for a substantiation more the general problems of functioning

Justice on civil cases, and also occurrence, changes or the terminations of civil remedial legal relations as a whole.

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A source: Gusarov Konstantin Vladimirovich. PROBLEMS OF CIVIL PROCEDURAL LAW-OBJECTIVITY. Thesis for the degree of candidate of legal sciences. KHARKOV - 200. 2000

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