Simplified lawsuit proceedings: improvement of legal certainty and features of its procedural form in 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
The article is devoted to studying the institute of simplified lawsuit proceedings. The integration of this institute into the civil justice of Ukraine is an organic consequence of civil justice globalization and the primary goal of institutionalizing legal mechanisms for ensuring access to justice at the level of national legal norms. In the author’s opinion, this institution should contribute to increasing the efficiency of justice, namely: short consideration of a civil case of minor complexity. The author supports the ideas of procedural scientists, according to which a simplified proceeding does not have the status of an independent one. It is a consequence of the diversification of the civil procedural form of a lawsuit proceeding due to the exclusion of separate court procedures and procedural actions from it, which can be considered as an additio nal procedure compared to a lawsuit proceeding. Based on the conduct-ed research, the author proposed her own definition of simplified lawsuit proceedings. For a solid understanding of this type of proceedings, the author dwells on the main features inherent in this kind of legal proceedings. Since the simplified lawsuit proceedings belong to the simplified court procedures, endowed with features explained by its legal nature and tending to the documentary procedure, i.e. the written process, and also combine elements of the writ form of legal protection (writ proceedings), the author considers it advisable to dwell on the relationship of simplified lawsuit proceedings with writ proceedings. The author reveals the peculiarities of reviewing decisions in cases of simplified lawsuit proceedings in the appellate instance. Unlike the decision in the simplified lawsuit proceedings, the court order is not subject to appeal.
Цивільний процес: теорія і практика. Концепції вчених з удосконалення законодавства про цивільне судочинство. Монографія
