The principles of optionality and competitiveness of civil process in the aspect of law enforcement practice of imposing court fines for disrespect of court
Автор: Orlova A.I.
Журнал: Социально-экономический и гуманитарный журнал Красноярского ГАУ @social-kgau
Рубрика: Право и социальные отношения
Статья в выпуске: 4 (10), 2018 года.
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At present, the issue of determining, on the one hand, the powers of the parties to fully exercise their civil procedural rights and the means of their protection, and, on the other, the role of the court considering and resolving a civil case, is quite acute. The research objective is to analyze through the prism of observance of the principles of competitiveness and independence modern practice of imposing by arbitration courts on the parties of claim production of judicial penalties for disrespect for court in view of non- execution by claimants or respondents of definitions of court with which the court suggests to produce additional evidence or to be in court session. The principles of dispositivity and competition are the cornerstone of creation of norms of civil process at the present stage of development of society. By giv- ing the parties to the claim proceedings the opportunity to choose options of behavior in the process of protecting their rights, the legislator allows them to defend their position in court most effectively, in order to achieve a favor- able result of the consideration of the case...
Civil process, arbitration process, principles of civil procedural law, principle of competitiveness, the principle dispositivity, disrespect for court, fine
Короткий адрес: https://sciup.org/140244025
IDR: 140244025