Also found in: Dictionary, Thesaurus.
The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.



a principle of civil procedure according to which the parties in civil proceedings freely dispose of their material and procedural rights.

In Soviet civil procedure the principle of optionality is established by the 1961 Fundamental Principles of Civil Procedure of the USSR and Union Republics. For example, Article 24 establishes the right of the plaintiff to change the basis or object of the suit, to increase or decrease the amount of the actionable claims, or to renounce the suit. The Fundamental Principles of Civil Procedure give any interested person the right to turn to the court for the protection of a violated or disputed right or an interest protected by law. They also establish the obligation of the court to undertake a review of the civil case following such an application. At the same time there are certain limits to the principle of optionality in order to prevent unfavorable consequences that could arise owing to the parties’ lack of legal information or to other factors. Optionality is therefore combined with the obligation of the procuracy and certain other agencies to protect the rights and legal interests of citizens and with the active role of the court. For example, the court is obligated to take all measures provided by law—not limiting itself to the materials and explanations submitted to it—-in order to thoroughly, completely, and objectively clarify the circumstances of the case and the rights and duties of the parties, to explain to the participants in the case their rights and duties, and to warn them of the consequences of procedural actions.

The principle of optionality is also operative to a certain extent in criminal procedure. For example, according to Soviet law, so-called private and private-public complaint proceedings are generally instituted only on the complaint of the victim, and private complaint cases may be stopped when the victim and the accused are reconciled.

The principle of optionality is one of the most important in the civil procedure of the socialist countries. This principle has also been declared in the legislation of most bourgeois states.


The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
As far as the optionality associated with advising is concerned, it is determined by the fact that the addressee is both the person who carries out the action and the beneficiary.
This is where investment term sheet mechanisms that enhance the investor's optionality really come in handy.
When a fear factor, in which those with contracts are afraid of being left without care, is combined with greater optionality and pricing, the risk of writing LTC insurance and reinsuring it should be more predictable going forward, Johnson says.
Topics include an introduction to the program, a novel view of feature movement, true optionality, focus and clause structure, symmetry in syntax, Japanese topic construction in the syntax-semantics interface evidence for phases, label-free syntax, binding domains, Japanese passives, the long passive, null arguments and case-driven agree in Turkish, tough-movement and Spanish existentials and other accusative constructions.
It sees the elimination of optionality as a step backwards.
These potential characteristics include the types of institutions that should be subject to an SND policy; the amount that should be required; the maturity, optionality, interest rate cap, and other possible features of the debt instrument; the frequency of issuance; and the way a transition period might work.
Further, the analyst sees "free optionality" on legislation in Illinois, which he believes could add $4 per share.
But they're going to retain optionality (sic) until the very last moment.
The 'AA+' rating on the lease revenue bonds issued by the EDA is one notch below the county's IDR, reflecting the slightly higher degree of optionality associated debt backed by payments subject to annual appropriation.
Connectivity to the ExxonMobil Pipeline Co.'s terminal in Wink, Texas, will also be added as part of the expansion.<br />"Magellan's extensive refined products pipeline system provides significant optionality for our customers, including the ability to access supply from multiple Gulf Coast and Mid-Continent refineries," said Michael Mears, CEO.