@article{Kroytor_2018, title={THE CONCEPT OF THE PRINCIPLE OF COMBINING THE PRINCIPLES OF THE FREE EXERCISE OF MATERIAL AND PROCEDURAL RIGHTS BY THE PARTIES TO LEGAL PROCEEDINGS AND PROCEDURAL ACTIVITY OF THE COURT WITHIN CIVIL PROCEEDINGS}, volume={73}, url={http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/164}, abstractNote={<p>It is proved that the discretionary nature is manifested as the unity of will and willingness of vested interests realized directly or indirectly through a representative, to choose freely behaviors, ways of court protection through the legal nature of civil procedural legal relations. It is indicated that the result of using appropriate means of court protection by vested interests is the progress of the case. However, this freedom of vested interests has certain limits due to the purpose of civil proceedings.</p> <p>It is noted that compliance with civil procedural form by the subjects of civil process and the need to fulfill its tasks determine the existence of public and legal interest within civil proceedings – procedural activity of the court, which is also an essential condition for the development of the process. The rights and duties of the court within the principle of combining the principle of the free exercise of material and procedural rights by the parties to legal proceedings and procedural activities have the character of a guarantee to realize the rights of vested interests to appeal the court for the protection of his subjective material right.</p> <p>Thus, the principle of combining the principle of the free exercise of material and procedural rights by the parties to legal proceedings and procedural activity of the court – is enshrined legal requirement, according to which the emergence, change and termination of civil procedural legal relations, the progress of the case depend on proceedings and corresponding discretionary powers of the court committed by persons involved in the case.</p&gt;}, number={2}, journal={Bulletin of Kharkiv National University of Internal Affairs}, author={Kroytor, V. A.}, year={2018}, month={Dec.}, pages={143-153} }