The chapter examines the problems of implementing the concept of limitation of rights in the civil process. In particular, the author reveals the procedural issues of the place of the idea of limitation in the civil process system. The problems of differentiation of rights, which can be limited by the court, are revealed. Namely, it is proposed to differentiate the limitations of subjective rights and obligations in the Civil Procedure Code of Ukraine by norms: which will determine the subjective civil procedural rights of participants in the civil process, which may be limited in order to implement procedural obligations by other participants in the civil process; which will determine the subjective civil procedural rights of the participants in the civil process, which may be limited by the court; it is proposed to enshrine provisions that would determine those stages of the civil process in which certain restrictions may be applied and in relation to which procedural rights; to establish provisions that determined those stages of the civil process in which certain restrictions may be applied and in relation to which procedural rights; etc. The author proposes to implement the idea of ways, means and principles of limitation of procedural rights in the civil process at the legislative level. In particular, it is proposed to define a norm in the Civil Code of Ukraine that would establish the principles of limitation by law; to define a norm in the Civil Code of Ukraine that would distinguish the ways of limiting rights in a civil process, to define a norm in the Civil Code of Ukraine that would distinguish the means of limiting rights in a civil process. The issue of the consequences for the implementation of the civil process as a result of the application of legal restrictions by the court in the civil process is considered
The aim of the article was to identify and analyses typical problems of concluding surrogacy agreements in the context of supranational challenges and pandemics. This aim was achieved with a view to the peculiarities of the legal status of surrogacy in leading European countries. Methods of observation, comparative legal analysis and legal simulation became the basic methodological tools. The study resulted in grouping of the European countries according to the state of surrogacy legalization, as well as outlining the leading problems of concluding and executing surrogacy agreements. It was stated that women in current realities are becoming commercial gestational carriers, and are not acting in the best interests of the child. The study proves a high degree of levelling of the terms of surrogacy agreements in Ukraine, which requires immediate legislator’s response. It is argued that the approach to altruistic surrogacy has the potential to eradicate commercial agreements in a cross-border context. Further author’s research will focus on establishing a unified and optimally effective international approach to solving problems of concluding surrogacy agreements.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.