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Abuse of right in the enforcement procedure
Abuse of right is a subtle and difficult-to-detect enemy of good faith in the enforcement process. The Enforcement Code does not contain explicit regulations on it, nor dedicated remedies. However, by supplementing its provisions with those of the Civil Procedure Code, certain procedural antidotes are identified, which will discourage the abusive ...
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RETRACTED ARTICLE: Procedural necessity in primary investigation work
This study focuses on the procedural necessity of primary investigations, since necessity is a common legal term and constitutes a theory in some branches of law.
Ahmad Fekry Moussa +2 more
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Nadużycie prawa w procesie karnym
This paper analyses the issue of abuse of rights in criminal proceedings. Based on jurisprudence and doctrinal writings about the criminal proceedings, an attempt was made to provide a separate definition of this concept.
Bartosz Łukowiak
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ADVERSARIAL PRINCIPLE UNDER THE NEW CIVIL PROCEDURE IN UKRAINE [PDF]
This work deals with the evolution of adversarial principle in civil process under the conditions of post-socialist regression and post-reform civil justice as well as the introduction of the principles of case management and cooperation between the ...
Volodymyr Kroitor, Valeriy Mamnitskyi
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On substitution right of respondent in civil procedure [PDF]
The paper examines set of problems regarding respondent's right to offer alternative performance (substitution right) in present Serbian civil procedure.
Keča Ranko
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Peculiarities in examination of complaints in the order of the provisions of the article 313 of Criminal Procedure Code [PDF]
Free access to justice is guaranteed at all procedural stages, namely the protection of human interests, rights and freedoms in criminal proceedings, including the observance by the judge of the person’s right to examine the complaint about the actions ...
Daniela STIRBU
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Issues of abuse of civil procedural rights
The article presents a study of the problem of abuse of civil procedural rights. It is noted that the issue of abuse of procedural rights in civil proceedings in the modern world is very relevant and currently not fully resolved. The analysis of normative-legal documents in this sphere is carried out.
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Досліджено питання статусу добросовісності учасників цивільного судочинства як самостійного процесуального принципу з огляду на ступінь його правової регламентації та наявності законодавчої заборони зловживання цивільними процесуальними правами ...
Анжеліка Олегівна Ткачук
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METHODS OF PROSECUTOR'S SUPERVISION OF COMPLIANCE WITH LAWS TO ENSURE THE RIGHTS OF THE SUSPECT
Introduction. According to Article 3 of the Constitution of Ukraine, a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value.
Yaroslav Bugayov
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Public and dispositive segments of abuse of the subjective right: interdisciplinary look.
УДК 343.12The subject. The article is devoted to the analysis of a phenomenon "abuse of the right" from a position of the public and dispositive beginnings of his manifestation.The purpose of this article is to consider public and dispositive principles ...
V. Azarov, D. Nurbayev
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