Trends in the application of additional procedural institutions in the implementation of civil proceedings
Keywords:
Civil Procedure Code of Ukraine, civil proceedings, court fee, types of proceedings, European Court of Human Rights, jurisprudence, judicial evidence, court decision, appellate courtAbstract
One of the results of the process of legal globalization is the expansion of the spectrum of sources of law and the emergence of atypical (non-traditional) sources of law that are not characteristic of individual national legal systems, with the aim of officially expressing legal norms that actually regulate social relations. This process has a dualistic nature and is reduced not only to the procedural design of non-typical (non-traditional) sources of law, but also to the specifics of adoption, content, legal force and practice of applying such sources.
It is noted that for a long time in the national doctrine of civil procedural law, the opinion prevailed that the form (source) of civil procedural law can only be normative legal acts, while the existence of others was denied. This provision was also supported at the official law-making level.
The author is a supporter of the concept of two-level system of sources of civil procedural law of Ukraine which consists of traditional sources of civil procedural law with mandatory application and non-traditional sources of national legal systems, civil procedural law which have subsidiary (additional, auxiliary) character.
Special attention in the research is paid to the elucidation of the nature and characteristics of legal sources of civil procedural law non-traditional for domestic type of legal family, which are characterized by specific scope of their application, narrower compared to normative legal acts, subsidiary character of the use and lack of or discrepancy of structure with accepted standards of legal techniques. These sources include: enforcement (judicial) practice, procedural agreement, legal doctrine, principles of law.
Basic tendencies of development of civil procedural law sources among which the harmonization has a special importance, differentiation of judicial procedures, standardization of judicial procedures, improvement of procedural legislation, further systematization of sources of civil procedural law.
Цивільний процес: теорія і практика. Концепції вчених з удосконалення законодавства про цивільне судочинство. Монографія
