Suchergebnisse

This article provides a general analysis of the Model European Rules of Civil Procedure established in 2020 (hereinafter – the Rules). It describes their structure, defines the purpose and goals, main principles. The author comes to the conclusions regarding the role and importance of these Rules for the further development of civil proceedings, both in the EU Member States and in other countries, in particular, in Ukraine. The important role of the unification of the terminology of civil procedure is identified. In particular, we are talking about such specific institutions of civil procedural law as the principle of cooperation between a judge and parties, the principle of settlement, case management and others, which are absent in Ukrainian national legislation, nevertheless, very important for the scholar research. Second, the scope and main principles of the Rules require rethinking of traditional approaches to regulating the relationship between a judge, parties and their representatives, as well as the role of a judge in proceedings, new approaches to the phasing of court proceedings and the differentiation of civil procedure, which should be helpful while further development of the civil procedural legislation in Ukraine. Keywords: access to justice; civil proceedings; dispute settlement; the principle of cooperation between a judge and parties; the principle of proportionality; effective protection of rights.

The article deals with the provisions of the Constitution of the Republic of Estonia which concern the cooperation of public administration with citizens and the protection of the citizens' rights. The comparison of the particular provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine is made. As a result of comparing the provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine, it is concluded that they are similar in terms of citizens' rights protection. In both Constitutions, citizens'

rights are recognized and protected by the state, rights and freedoms may only be circumscribed in exceptional cases, citizens have the right to free access to the information held by public administration (access to which is not restricted). Special attention is given to Administrative Procedure Act of the Republic of Estonia, which was passed on 06 June 2001. The principles of the administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, are presented. They include the principle of human rights protection, the principle of legality, the principle of proportionality and separate group of principles – principles of good administration. The principles of good administration, which underlie the cooperation of public administration with citizens, are also highlighted. They include the right to be heard, the right to examine documents, the right to get explanations, the principle of accessibility and data protection, the right to representation, the principle of appeal. It is substantiated that the principles of administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, provide two important guarantees: 1) a guarantee for good and legal activity of public administration, 2) a guarantee for enforcement of person's rights and freedoms during issuing administrative acts or taking measures. The conclusion on the expediency for the systematization of the legislation on administrative procedure in a one normative legal act is made. On the basis of drawn conclusions, it is proposed to draft and adopt in Ukraine a unified normative legal act on administrative procedure (a law or a code), taking into consideration Estonia's experience in this matter.

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 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.