Abstract

Judicial communication has a great influence on the effectiveness of procedural mechanisms for the protection of violated rights, because in its main manifestation is the actual content of the procedural legal relationship. Despite this, judicial communication does not receive the necessary attention at the legislative level due to the weak theoretical development of this issue. As a consequence of this approach, the full potential of the civil (arbitration) procedural form cannot be implemented, and in some cases neglecting the interests of judicial communication creates obstacles to the right to judicial protection and entails a violation of key principles of the process. Overcoming the negative effects is possible, first of all, by reconsidering the limits of the use in judicial enforcement of the classical legal means of regulating social relations (the rule of law, principles, legal consciousness, legal culture).

Full Text
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