Method of civil procedure

Oksana Kiriiak

Abstract


Investigating the civil procedure regulation as a set of interrelated tools and techniques (imperative, dispositive and determinative) providing legal impact on the behaviour of civil procedure participants, this article is to substantiate that the method of civil procedure is a set of techniques (imperative, dispositive and determinative), methods (permissions, regulations, prohibitions, sanctions) and means (the consequences of failure to comply with civil procedural rules) of regulation implemented in the administration of justice in civil cases. However, determinative method of civil procedure regulations is a kind of methodological system of weights and balances, where the dispositive will of the parties and the imperative discretion of the court dialectically transform themselves in a new quality representing a symbiosis of the ways and techniques of civil procedure regulations. Moreover, summarizing the comparative aspect of the conducted research, it is proved that there are more than enough reasonable grounds to state that despite some discrepancy in the scientific approaches of theoretical legal proceedings, the litigation in practice requires the usage of simultaneous methodological techniques for procedural regulation in different countries.

Keywords


Method; Civil procedural regulations; Imperative method of civil procedural regulations; Dispositive method of civil procedural regulations; Determinative method of civil procedural regulations.

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