PROCEDURAL LEGISLATION’S IMPROVING AND THE PROBLEM OF UNITED JUDICIAL PRACTICE’S FORMING AS THE BASIS OF INCREASING OF THE EFFICIENCY OF LAND DISPUTES’ TRIAL
| Autor: | T.V. Volkova |
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| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | Herald of Civil Procedure. 11:265-276 |
| ISSN: | 2686-942X 2226-0781 |
| DOI: | 10.24031/2226-0781-2021-11-1-265-276 |
| Popis: | The article is devoted to the searching of the problems of procedural legislation’s imperfectness which is caused the not enough efficiency of land disputes’ trial. It is mentioned that there is no united point of view on the notion “land trial”, and they are very different. The author came to the conclusion that the main procedural peculiarities of land disputes’ trial are formallegal (connected with terminology and categorial apparatus; organizational (connected with competence and jurisdiction of land trials) and evidential (covered the process of proving, using of the some means of proving and caused the increasing necessity of applying to the special knowledge). The examples from the judicial practice are given. On the basis of the research the suggestions to improve procedural norms are formulated. In particular, the author focuses on the uniqueness of the object of this type of dispute, which has increased economic, environmental and social significance, and in order to ensure the uniformity of judicial practice in land disputes, the study substantiates a proposal for the specialization of judicial panels in the collegium of courts. One of the arguments is the thesis that such judicial compositions are necessary for the correct interpretation and application of special norms of land and environmental law, taking into account an intersectoral approach. |
| Databáze: | OpenAIRE |
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