Judicial activism as a means of achieving legal certainty in the sphere of private law regulation

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Issue: №1 2018

Heading: Civil and administrative proceedings


Tags

Keywords: judicial activism, private law regulation, dispositive, court.

Annotation

The article considers the main doctrinal approaches to the definition of the meaning and significance of judicial activism as a means of achieving legal certainty in the sphere of private law regulation. The author justifies the conclusions that the prerequisites of the manifestation of judicial activism are objective and stem from the features of the authorizing normative prescriptions that constitute the basis of the dispositive legal regulation; with the help of this institute, within the framework of the judicial process, the desire to use legal constructions for the purpose of abusing the right in the sphere of private legal regulation is thwarted.