Participants of the judicial process: scientific and practical approaches to optimization of civil procedure legislation
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
In the section, based on the analysis of current legislation in Ukraine, judicial practice, and legal literature, the main modern scientific and practical approaches to improving the legal regulation of issues related to the civil procedural status of participants in claim proceedings, participants in non-claim proceedings and special procedures, as well as representation in civil litigation are sequentially considered. The main substantive and terminological shortcomings of the current procedural legislation and widespread problems of its application in judicial practice regarding case participants and representatives are outlined, and specific ways to resolve them by amending the Civil Procedure Code of Ukraine are proposed. Emphasis is placed on the systemic problem embedded in the Civil Procedure Code of Ukraine, which lies in the insufficient clarity of the procedural status of participants in the judicial process, which generates numerous complications when applying the provisions of procedural legislation in judicial practice.
The subjective composition of participants in claim proceedings is analyzed. It is noted about the presence of gaps in the regulation of participation in civil litigation of foreign persons. The problem of endowing the plaintiff’s civil procedural status with bodies and persons not vested with the right to sue in the material sense is revealed. It is proposed to call the person who applies to the court with an application for the issuance of a court order exclusively an enforcer. Attention is drawn to the general problems of identifying interested persons and involving them in various categories of cases in separate proceedings, the resolution of which is possible by fixing their general procedural status in a separate article of the Civil Procedure Code of Ukraine. The issues of regulating the self-representation of the state, the Autonomous Republic of Crimea, and the territorial community are considered. The opinion is expressed on the need to clarify procedural norms regarding legal representation, as well as documents confirming the powers of procedural representatives.
Цивільний процес: теорія і практика. Концепції вчених з удосконалення законодавства про цивільне судочинство. Монографія
