Becoming A Contractual Theory In The Civil Procedural Law Of Ukraine

  • M.V. Lohvinova
Keywords: contract in civil procedural law, parties' agreement, mediation agreement, agreement on jurisdiction.

Abstract

The article is devoted to the general review and systematization of various scientific developments regarding the contractual regulation of civil procedural relations with a view to further improving the general theoretical provisions regarding the contract in the civil procedural law of Ukraine. The author dwells in detail on the theoretical approaches to the definition of the content of dispositive categories of civil procedural law such as a parties' agreement, a mediation agreement, and an agreement on jurisdiction. After analyzing the basic concepts of modern doctrine concerning the legal nature of the aforementioned contractual constructions, the author states the existence of material, procedural and interdisciplinary theories. At the same time, the author's position is to continue the development of the theory of universality of the contract. The conclusion is based on the absence of the legislator's conceptual vision of the treaty doctrine in the norms of the national procedural law. The actual directions of further development of the contract theory in the civil process of Ukraine are determined, in particular, the issues of definition of the contract and its variants in the civil procedure, the subject structure of the contract structures, the conditions of the validity of the contracts, the procedure for the conclusion and execution, the possibility of contesting and a number of other related problems of implementation of dispositive opportunities of the parties.

 

Published
2020-01-19