Development of civil procedural legislation in Soviet Ukraine: historical and legal research
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2019, Vol 1, Issue 1
Abstract
The scientific article is devoted to the analysis of historical stages of formation of civil procedural legislation of Ukraine in the Soviet period and determination of its features and regularities. The most important for civil procedural justice of Ukraine in the USSR was the period of the Great Patriotic War. The courts during the Great Patriotic War carried out a huge work that contributed to the successful struggle of the socialist state with the Nazi invaders. In the first months of the war, the jurisdiction of the People's Courts operating in the areas of hostilities and in areas where the declared state of war was classified were mainly civil cases. In addition, there was a problem of personnel, since from the very first days of the Great Patriotic War, no court personnel went to the front of the volunteers. So there was an urgent need to attract a significant number of skilled, proven lawyers. Sources for this need were personnel who worked in the general judicial authorities, the commissariats of justice and other judicial authorities, in the bar, etc., and the training of new staff in law schools, institutes, law schools. In general, speaking about the Civil Law of that period, it was based on the principle of the domination of state property, in general, it was sufficiently adapted to extraordinary conditions. Created even before the war, the system of planned distribution also met the needs of the militarization of the national economy. In view of the necessity of evacuation of industry, redistribution of fixed assets, the rights of economic commissariats were expanded and the procedure of transfer of property between state enterprises and institutions was simplified; also, the requisition was applied - first of all, regarding the objects of the collective-cooperative property. On the basis of a general overview of the historical stages of the evolution of the civil procedural law of Ukraine, it was possible to distinguish certain patterns, in particular, the social level of society, economic development, political structure and a number of others that in their totality contributed to the development of the Ukrainian state in the Soviet period and influenced the formation of procedural rights in Ukraine today. It should be noted that the main regularity of civil procedural law is that it exclusively contributed to it, and, today, contributes to the reproduction of substantive legal requirements in the course of judicial proceedings. The modern development of procedural law is characterized by a significant complication of the procedure and the extension of codification. The main reason for such a phenomenon is the scientific and technological progress, which causes complication of the procedural form, in particular, recording of the trial by technical means, various complex examinations, since the main goal of procedural activity, the comprehensive provision of legitimate interests, rights and freedoms of the individual.
Authors and Affiliations
O. V. Nestertsova-Sobakar
Keywords
Related Articles
- EP ID EP584221
- DOI 10.31733/2078-3566-2019-1-30-35
- Views 114
- Downloads 0
The European Union citizens’ rights: international-legal and supranational aspects
The system of sources regulating human and citizen rights in the European Union is considered; the peculiarities of the legal regulation of citizens' rights at the EU level are revealed; the types and studied the content...
Tasks, directions and principles of personnel politics in the bodies of police of Ukraine
The article deals with research of basic parameters of personnel politics in the bodies of police of Ukraine and vital problems implementation of skilled politics of the National police of Ukraine and to the features of...
Theoretical aspects of discrimination as object of legal study
The article deals with theoretical and methodological aspects of the study of discrimination in the context of legal regulation. In particular, the phenomenon of discrimination in its connection with public-legal relati...
Information and communication technologies in the implementation of public control over the activities of local self-government: theoretical and legal aspects
This article analyzes the forms of public control over the local self-government and the current ICT, which are used in the information space of Ukraine and which have a significant impact on the local self-government. P...
Theoretical-legal approach to defining the concept «internally displaced person»
The article deal with the concept “internally displaced persons”. The problem of international advocacy of internally displaced persons is the object of cooperation at the international level. Any military conflict cause...