
Adversarial Principle Under the New Civil Procedure in Ukraine
Summary: – 1. Introduction. – 2. The Adversarial Principle of Civil Justice in Ukraine: Traditional Concepts of Implementation. – 2.1. Post-Socialist Trends in the Reform of Civil Procedural Legislation. – 2.2. The Right to a Fair Trial and the Competitiveness of Civil Proceedings. – 3. Balance of Adversarial Principles and Cooperation between Parties and Court in the Process of Civil Cases Consideration: a New View from Ukraine. – 3.1. Exchange of Pleadings and a New Procedure for Submitting Evidence in a Case. – 3.2. Prevention of Abuse of Procedural Rights during the Implementation of Adversarial Principle. – 4. Conclusions.
Abstract
The authors argue that effective protection of the rights today is to be based on the adversarial principles that shall be supplemented by the security of the balance of rights of the parties and the authority of the court on the examination of civil matters.
About Authors
Volodymyr Kroitor,
PhD in Law, Professor at the Department of Civil Law and Process,
Kharkiv National University of Internal Affairs, Ukraine
Valeriy Mamnitskyi,
PhD in Law, Associate Professor at the Civil Process Department,
Yaroslav the Wise National Law University, Ukraine
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V Kroitor, V Mamnitskyi 'Adversarial Principle Under the New Civil Procedure in Ukraine' (2019) No 4 (5) Access to Justice in Eastern Europe 30-41.