Problem aspects of individual proceedings within the limits of civil procedural legislation and the ways of their solution

The article proves the relevance of the study of separate pro­ceedings cases and the importance of judicial practice, especially during the period of martial law. Attention is focused on improving the procedural features of all categories of separate proceedings and developing a universal procedure for their consideration and resolution to create a special procedure that will differ from other types of proceedings and have certain specifics.
The author addresses the question of determining the jurisdiction in some categories of cases. Attention is paid to the issue concerning the subject-matter composition of separate proceedings cases, in particular their characteristics, types, rights and obligations, and the procedure for involvement in the case. There is substantiated the necessity for a regulatory settlement of the issue of enshrining in the norms of the Civil Procedure Code interested persons along with the applicants and their mandatory involvement in the case consideration.
The status of the prosecutor in a separate proceeding has been analyzed, and his/her obligatory participation in cases concerning changes in the legal status of the natural person has been determined. Having analized legal acts and legal literature there have been identified se­parate proposals on improving the procedure of consideration of cases on recognition of a natural person as incapacitated. The conclusion was made regarding the expediency of expanding the circle of subjects authorized to initiate the issue of annulment of the court’s decision in these cases. In addition, the range of participants in the case of recognizing a natural person as missing or declaring him/her dead is also subject to expansion.
The article examines the issues of the institution of evidence and proof. It is noted that the principle of adversariality is implemented in cases of separate proceedings. Based on the analysis of normative legal acts, the positions of scientists and procedural scientists, the author has concluded the inconsistencies of the norms of material and procedural legislation and the need to make changes to the Civil Code of Ukraine and to improve the Civil Procedure Code of Ukraine, which will positively affect the judicial practice of their application.