Judicial determination of an effective and legitimate remedy for private rights and interests
by Andrii Dryshluk; Mykola O. Stefanchuk; Svitlana Rabovska; Yuliia Bondarenko; Andrii V. Potapenko
International Journal of Public Law and Policy (IJPLAP), Vol. 8, No. 3/4, 2022

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.

Online publication date: Tue, 26-Jul-2022

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