Article title Individuals and Legal Entities Applying to the Court with Applications for the Protection of the Rights, Freedoms and Interests of other Persons in Civil Procedure
Authors

Ph.D., Assistant of Civil Procedure Department Yaroslav Mudryi National Law University (Kharkiv, Ukraine) ORCID ID: http://orcid.org/0000-0002-9645-8619 Researcher ID: http://www.researcherid.com/rid/AAX-3592-2020  coldsmell@gmail.com

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 5/2021
Сторінки [203-214]
Annotation

The article is devoted to the study of legal approaches to the definition of representation in court, the definition of legal prerequisites for initiating proceedings to protect the rights, freedoms and interests of others.

The purpose of the article is to analyze the provisions of current legislation on the legal regulation of the right of individuals and legal entities to go to court with applications for protection of the rights, freedoms and interests of others in civil proceedings.

The author analyzes the provisions of the current civil procedural legislation from the object and subject points of view. In addition, the article examines in detail the various doctrinal approaches and scientific positions of domestic and foreign scholars on the legal status, grounds for appeal, procedural rights and obligations of individuals and legal entities applying to the court for protection of rights, freedoms and interests. other persons in civil proceedings.

The author pays special attention to the study of domestic jurisprudence, in particular, the legal position of the Grand Chamber of the Supreme Court on the legal capacity of non-governmental organizations that do not have the status of a legal entity, which may have specific features, restrictions compared to non-governmental organizations. status of a legal entity, first of all, the scientist focuses on the procedural legal capacity of public organizations.

Taking into account the purposes of this article, the author also reviews the case law of the European Court of Human Rights, which is part of the Ukrainian national legislation. In particular, the cases of the Center for Legal Resources on behalf of Valentin Câmpeanu v. Romania, D.H. and Others v. the Czech Republic, Oršuš and Others v. Croatia, Aksu v. Turkey, on the basis of which the relevant conclusions were made.

On the basis of the conducted research the author made thorough conclusions, in particular, that in modern conditions participation in civil process of physical and legal persons by way of Art. 56 Civil procedure code of Ukraine does not meet the purpose of participation in civil proceedings of bodies and persons who by law have the right to protect the rights, freedoms and interests of others, and therefore they should be excluded from the subjects of Art. 56 Civil procedure code of Ukraine.

 

Keywords protection of rights; right to go to court; individuals and legal entities; participation in civil proceedings
References

Bibliography

Authored books

1. Vasyliev S, Tsyvilnyi protses (Odissei 2007) (in Ukrainian).

2. Shtefan M, Tsyvilne protsesualne pravo Ukrainy: akademichnyi kurs (In Yure 2005) (in Ukrainian).

 

Edited books

3. Hrazhdanskoe protsessualnoe pravo (Shakarian M red, TK Velby, Prospekt 2005) (in Russian).

4. Komarov V (red), Okreme provadzhennia (Pravo 2011) (in Ukrainian).

5. Tsyvilnyi protses Ukrainy: Akademichnyi kurs (Fursa S red, Vydavets Fursa S Ya 2009) (i Ukrainian).