LEGISLATIVE REGULATION AND PRACTICAL IMPLEMENTATION OF SUMMARY PROCEEDING IN CIVIL LITIGATION
ПРОБЛЕМИ ЗАКОНОДАВЧОЇ РЕГЛАМЕНТАЦІЇ ТА ПРАКТИЧНОЇ РЕАЛІЗАЦІЇ СПРОЩЕНОГО ПОЗОВНОГО ПРОВАДЖЕННЯ В ЦИВІЛЬНОМУ СУДОЧИНСТВІ

Zh. Vasylieva-Shalamova, I. Mamatiuk
2020 Vìsnik Kiïvsʹkogo nacìonalʹnogo unìversitetu ìmenì Tarasa Ševčenka. Serìâ Ûridičnì nauki  
As a result of the reform of the Ukrainian Civil Procedural Law in 2017, civil justice has undergone significant changes. That is, – courts of first instance may consider civil cases in a general proceeding or in a summary proceeding. The issue of legislative regulation and practical implementation of summary proceeding in civil litigation is in the focus of scientists and legal practitioners. To date, a separate Chapter 10 of Section III of the current Civil Procedure Code of Ukraine, which
more » ... f Ukraine, which has the title – "Review of cases in summary proceedings" is devoted to a summary proceeding. This Chapter of the Civil Procedure Code of Ukraine determines the categories of cases to be considered in the procedure of summary proceedings, as well as the cases that cannot be considered in the procedure of summary proceeding, procedural features and the procedure for considering such cases. At the same time, there are a number of disadvantages that cause certain problems that negatively affect to the theoretical basis and practical aspect of summary proceeding implementation in civil litigation in the part of the normative consolidation of the summary proceeding in the Civil Procedure Code of Ukraine. Consequently, the issue of "minor cases" and the determination by courts of grounds for the consideration in summary proceeding of civil cases is the subject of our attention in this article. Particularly these issues concern the lack of legal definition of the concept of "minor cases" at the legislative level, as well as the lack of clear criteria for assigning a particular case to the category of "minor" ones. Special attention should be paid to the effectiveness of the introduction of so-called "cassational filters" for minor cases in the current Civil Procedure Code of Ukraine. The authors concluded that it is necessary to give a legitimate definition of the concept of minor cases and clear criteria for their definition as well as the fact that the institution of summary proceeding requires further improvement and development. So, it is considered appropriate to draw attention to motivating the courts' decisions, as well as wider application of the provisions of the principles of proportionality of civil judicial proceedings and cooperation between the parties and the court to ensure the realization of the main task – the effective protection of claimant's violated rights.
doi:10.17721/1728-2195/2020/1.112-2 fatcat:d3cdw2r2cza5rm62pec77eadum