Formalism in the implementation of certain procedural rights of the parties in the claim proceedings in modern conditions is a real threat to judicial protection of rights and interests

Authors

DOI:

https://doi.org/10.17308/law/1995-5502/2022/4/167-175

Keywords:

judicial protection, claim proceedings, procedural rights, persons participating in the case

Abstract

The judicial protection of the rights and interests of citizens and organizations guaranteed by the Constitution of the Russian Federation provides for a number of requirements on the fulfillment of which the receipt of this protection from the state depends. The article discusses the procedure for exercising the right to familiarize oneself with the case materials during the consideration of a civil case. The expediency of preserving the traditional method of familiarization with the materials of a civil case, as well as the influence of modern technologies on this procedure, is investigated. Proposals are formulated to improve the way of implementing this dispositive right in the administration of justice.

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Author Biography

  • N. N. Tkacheva, Saratov State Academy of Law

    Candidate of Legal Sciences, Associate Professor of the Civil Process Department

References

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Published

2022-12-26

Issue

Section

Civil Law and Process