Title: Judicial determination of an effective and legitimate remedy for private rights and interests

Authors: Andrii Dryshluk; Mykola O. Stefanchuk; Svitlana Rabovska; Yuliia Bondarenko; Andrii V. Potapenko

Addresses: Judges' Corps, Odesa Appeal Court, Odesa, Ukraine ' Department of Private Law Problems, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine Kyiv, Ukraine ' Department of Notarial, Enforcement Procedure and the Bar, Prosecutor's Office, Judicial System, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine ' Patronage Service, Odesa Appeal Court, Odesa, Ukraine ' Department of the Jurisdiction Forms of Legal Protection of Subjects of Private Law, the Judiciary and Legal Proceeding, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine

Abstract: This study covers the legal regulation of the court's activities to determine an effective legitimate remedy for private rights and interests. The paper also investigates the new privacy law and procedural concept of 'an effective and legitimate way of judicial protection'. The chosen methodology is the modelling method, dialectical, and comparative methods of scientific cognition. The study of judicial practice demonstrates that the problem of developing a clear procedure for applying remedies is also faced by cassation courts, which are responsible for developing the unity of law enforcement. In the absence of such unity, the court is forced to adapt the existing substantive rules and judicial remedies to real social relations, their inevitable development.

Keywords: private law; legally protected interest; judicial protection; effective remedy for private rights; compliance with civil principles.

DOI: 10.1504/IJPLAP.2022.124433

International Journal of Public Law and Policy, 2022 Vol.8 No.3/4, pp.313 - 327

Received: 08 Dec 2021
Accepted: 22 Feb 2022
Published online: 26 Jul 2022 *

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