IMPLEMENTATION OF PRINCIPLES IN SEPARATE PROCEEDINGS
The article examines the implementation of the principles in separate proceedings. It was determined that disputes considered in separate proceedings have their own special procedural form. On the one hand, separate proceedings are characterized by general principles of law, branch, and not only e...
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| Format: | Article |
| Language: | deu |
| Published: |
Alfred Nobel University
2024-06-01
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| Series: | Alfred Nobel University Journal of Law |
| Subjects: | |
| Online Access: | https://law.duan.edu.ua/images/PDF/2024/1/7.pdf |
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| Summary: | The article examines the implementation of the principles in separate proceedings. It was
determined that disputes considered in separate proceedings have their own special procedural form.
On the one hand, separate proceedings are characterized by general principles of law, branch, and not only economic, but also civil, administrative proceedings, it is also proposed to highlight special
principles specific to separate proceedings. Some principles of judicial proceedings are analyzed and
their features specific to separate proceedings are determined. Separate proceedings, like other court
proceedings, are based on the principle of the rule of law, which is applied taking into account judicial
practice, including the practice of the European Court of Human Rights. The principle of good faith is
defined as a unique principle that combines legal, moral and ethical aspects. On the one hand, the
principle of good faith can be considered as a certain standard of behaviour of a participant in court
proceedings, on the other hand, it is the person's internal awareness of his actions or inaction. When
conducting separate proceedings, the principle of good faith plays a significant role, taking into account
the fact that, based on the Code of Ukraine on Bankruptcy Procedures, the economic court, in whose
proceedings a bankruptcy (insolvency) case is pending, resolves all property disputes in which the
debtor is a party within the scope of this case. Taking into account the position of the court in the
process of separate proceedings, the role of the court is determined through the principle of
procedural activity of the court. The principle of the court's activity during separate proceedings is
provoked by the court's duty to maintain public interests in order to ensure the stability of economic
relations and the significance of the adopted judicial acts for a wide range of subjects. The principle of
court activity interacts with the principles of dispositiveness and competition. The principle of
procedural activity of the court is aimed at limiting the formal approach to the consideration of the
case and exercising preventive judicial control over the procedural actions of the participants in the
proceedings in order to satisfy the demands of creditors, as well as to restore the solvency of an
individual. |
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| ISSN: | 3041-2218 3041-2226 |