Nataliya N. Nikanava PhD (candidate of sciences) in law
Nataliya N. Nikanava PhD (candidate of sciences) in lawAssociated Professor of the Civil Procedure and Labour Law Department, Law Faculty, BSU
In 2001 graduated from Law Faculty of the Belarusian State University, became a postgraduate student at the Department of Civil Procedure and Labour Law (Belarusian State University, Law Faculty).
After defending the thesis “Procedural Responsibility in the Civil Legal Procedure”, she was in 2006 was awarded PhD.
Since 2008 she has been working at the Department of Civil Procedure and Labour Law, first as a lecturer, then as an Associate Professor.
Her scientific interests lie in the areas of: civil procedure, execution of decisions, notarial system.
She is currently lecturing in Civil Procedure Law
Selected publications:
1. Процесуальная ответственность в судопроизводстве по гражданским делам -- Дис. … канд. юрид. наук. – Минск, 2006. – 129 с.
Procedural Responsibility in the Civil Legal Procedure. – Thesis for … the Phd in law. – Minsk, 2006. – 129 p.
Civil procedure relations connected with application of civil procedure measures of responsibility, legal acts, theoretical responsibility provisions serve as the subject of the research. The research subject is civil procedure responsibility, civil procedural offence (tort), measures of civil procedure responsibility and efficiency of action of civil responsibility procedure. The aim of the thesis is to prove necessity of civil procedure responsibility, its independence, to expose tendencies of its development and to make proposals for enhancement of efficiency of its application. The research was carried out on basis of dialectical method of cognition, general logical methods, system approach, sociological methods (survey, questionnaire design), statistical, comparative law and simulation methods.
The scientific novelty of the thesis lies in definition of civil procedure responsibility, its distinction from moral and social responsibility and other kinds of responsibility (first of all, administrative responsibility), pioneering research of corpus delicti, that are provided for by Rules of Civil Procedure of the Republic of Belarus, examination of measures of civil procedure responsibility as an uniform system. As the result of such research the proposals for improvement of legislation of civil procedure responsibility (corpus delicty, causes of application and kinds of measures of civil procedure responsibility were specified) and proposals for enhancement of efficiency of its application were made.
2. Правонарушения против правосудия в гражданском процессе по КоАП 2003 года // Судовы веснік. – 2004. – №2. – С. 48-50.
Abuses against Justice in Civil Procedure according to the CoAA of 2003 // The Court Bulletin. – 2004. -- № 2. – P. 48-50.
The article deals with comparative research of abuses against justice committed during the trial according to the CoAA of 2003 and CPC of 1999. The author stresses that these acts contain a number of colliding provisions on responsibility for abuses in trial and proposes some methods how to solve this problem.
3. Формирование института процессуальной ответственности как одно из средств повышения эффективности правосудия в сфере предпринимательской и иной хозяйственной (экономической) деятельности // Вестник Высшего хозяйственного Суда Республики Беларусь. – 2006. – № 2. – С. 111-120.
Forming of the Institute of Procedural Responsibility as a Remedy for Effectiveness of Business Justice Increase // The Bulletin of the Highest Economic Court. – 2006. -- № 2. – P. 111-120.
The article contains comparative research of abuses against justice committed during the trial. The author comes to the conclusion that modern trend in law is to provide administrative responsibility for abuses committed during the trial. Nevertheless measures of procedural responsibility are more effective and suitable according to the conditions of trial and thus they should be provided for in BPC.