Article | International and Legal Cooperation in the Sphere of International Civil Procedure |
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Authors | Tsirat H. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2013 |
Pages | 183 - 198 |
Annotation | Various approaches to the international legal regulation of the procedures of delivery of judicial documents abroad and obtaining of evidence abroad in civil and commercial matters are envisaged in this article. The author gave a definition to main and alternative means of judicial documents service and obtaining of evidence abroad. The main means include those where the decisive role is given to the competent bodies of a state on which territory the documents should be services and the evidence received. Such means are carried out with application of international legal assistance procedures. Alternative means are based on an access of a foreign state bodies and foreigners to perform procedural actions on the territory of other Contracting parties. The author defined tendencies in international regulation and unification for both main and alternative means that are reflected in different multiparty international treaties including universal ones like Hague and regional conventions that are inter-American ones, CIS countries conventions and EC Regulations. |
Keywords | delivery of documents, competent courts, competent bodies, obtaining of evidence, legal aid. |
References | |
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