Article | Principle of Proportionality in Civil Procedural Law: Ensuring a Balance of Public and Private Interests |
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Authors | Yaroshenko I. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 8 / 2017 |
Pages | 21 - 26 |
Annotation | The article is devoted to the principle of proportionality in the civil process, which the legislator has consolidated in the draft amendments to the Civil Procedural Code of Ukraine. The balance of public and private interests is analyzed as the aspect of this principle. The essence of public interest in the civil process and its correlation with the private one is determined. In this context, the role of the court as an expression of public interest is considered. The norms of the CPC of Ukraine and the draft amendments to the CPC, which characterize the principle of proportionality, are determined. The position on the appropriateness of the normative consolidation of the principle of proportionality in the Criminal Procedure Code of Ukraine is substantiated. |
Keywords | principle, proportionality, civil process, private interest, public interest |
References | |
Electronic version | Download |