THE PROBLEM OF ENSURING THE RIGHT OF EVERYONE TO KNOW THEIR RIGHTS IN THE CIVIL AND ADMINISTRATIVE PROCEEDINGS

Abstract

The article deals with the provisions of Civil Code of Ukraine and Code of Administrative Procedure Ukraine in terms of participants` in procedure knowledge of their rights and duties. A connection between these provisions and the guaranteed by Article 57 of the Constitution of Ukraine right of everyone to know their rights and duties is substantiated. It is revealed that such an analysis is necessary to disclose the content of this constitutional human right through its correlation with the obligations corresponding to it in legal relations. It was suggested to carry out a comparative analysis of these codes provisions. Thus, revealing the common and different in both codes, it is noted that the explanation by the court of rights and obligations in legal relations related to civil and administrative proceedings shall be provided by court, but this obligation is differently formulated in the mentioned codes. It is noted that the duty of a judge (court) is to clarify not only the procedural rights and obligations of the parties, but as well the legal consequences of the relevant procedural actions. The author arrives at the conclusion that judicial clarification of procedural rights and duties is provided not only for the parties, but as well it deals with those substantive rights of the other parties (the third parties), which are decided by court. The procedural statuses of foreigners and stateless persons, minors are mentioned separately. In this case, the court guarantees the equality of the parties to the process, including equality in the knowledge of their procedural rights and duties, regardless of status. The provisions of the abovementioned procedural codes aw well read that the duty to explain to the participants in the process their procedural rights should be carried out by the court not once, but at every stage of the process, as well as in respect of every procedural act, which is associated with one or another legal consequence for a particular person as a participant in the trial. The rule under which the presiding judge shall explain the content of decision confirms that the court clarification of participants` procedural rights and duties is aimed at their awareness of importance of these rights and duties and conscious using them, with the understanding of the possible consequences of their actions or actions of their representatives. Thus, it shall be explained not only the procedural rights and duties of procedure participants, but as well those substantive rights and duties of the parties and third parties, which are decided by court. It is analyzed that under such conditions the presumption of knowledge of one's rights and duties by every person cannot operate, and that the mere desire to know the laws is not enough. It is necessary that the need of constitutional legality should direct the state to the maximal effective fulfillment of its duty to ensure the real knowledge of own rights and duties by every person within the specific legal relations in which this person takes part with the other subjects of law.