Refusal of the proceedings in a case: the problem issues of civil procedure

  • O. Bratel Ph.D in Law, Associate Professor, Doctoral Student of the National Academy of Internal Affairs
Keywords: opening of the proceeding, refusal of opening of the proceeding, court decree, civil case, statement of claim

Abstract

The article examines the place and importance of the procedural legal facts that determine the enacting of court decree on refusal of opening of the proceedings in a case as well as outlines the legal consequences of such a procedural action as refusal of opening the proceedings in a case. The reasons for refusal of the proceedings in a case, listed in clause 2 of article 122 of Civil Procedure Code of Ukraine are analyzed in detail. The author has concluded that the reasons for refusal of opening of the proceedings in a civil case, except the one prescribed in sub-clause 1 of clause 2 of Article 122 of Civil Procedure Code of Ukraine, are of poor effectiveness. The author has proved that the reasons set out in sub-clauses 2–5 of clause 2 of Article 122 of Civil Procedure Code of Ukraine limit their efficiency within the pages of Civil Procedure Code of Ukraine and fail to have proper practical application at the stage of opening of the proceedings in a case.

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Author Biography

O. Bratel
Ph.D in Law, Associate Professor, Doctoral Student of the National Academy of Internal Affairs

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PDF Downloads: 61
How to Cite
[1]
Bratel, O. 1. Refusal of the proceedings in a case: the problem issues of civil procedure. Scientific Herald of the National Academy of Internal Affairs. 97, 4 (1), 160-170.
Issue
Vol 97 No 4 (2015)
Section
Theoretical and practical aspects of legal science
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