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 investigates the concept of the term of consideration of civil cases in the courts, the definition of its beginning and the end, and also analyzed the grounds and procedure for the expiration of trial, and therefore made proposition to improve the current legislative.Procedural terms, the term of consideration of civil cases, judicial review, civil proceedings.

The event of the thirtieth anniversary of Ukraine's independence [1] provides an excellent opportunity to sum up the interim results, analyse the achievements made in building an independent democracy, as well as to understand the miscalculations that can hardly be avoided. Legal science plays a huge role in this, particularly, its part related to the field of administration of justice in civil cases which is ensuring the effective settlement of civil disputes and the administration of civil justice. In view of this, the purpose of the study is to establish the contribution of legal scholars of Taras Shevchenko National University of Kyiv in the development of the doctrine of the science of civil procedural law during the period of independence of Ukraine since 1991. To achieve this goal, scientific methods of analysis of the main legislative acts regulating civil procedural relations were used, the provisions of those studies were singled out and characterized; the latter proposed new approaches to improving the mechanism of exercising the right to a fair trial, ensuring access to justice in civil cases; development and improvement of civil justice in the context of modern international, in particular, European approaches. The results of the study revealed more than forty dissertation researches, which were promoted during the selected period at the University, as well as a number of scientific studies that significantly influenced the development of the national tradition of civil procedure. The conclusions summarize the results of the study and identify areas for further development of research in the field of civil procedural law of Ukraine. In particular, it is noted that today special attention should be paid to the need for proper implementation in Ukraine of the concept of the right of everyone to a fair trial, guaranteed by the European Convention, as well as to increase out-of-court settlement of disputes mediating the right to access and freedoms in the modern world. It is important to understand the global trend of reconciliation of the parties as the most effective settlement of disputes and the spread of various ways that allow the parties to find the most convenient and effective way to protect their rights. Keywords: civil process, Ukraine, access to justice, legal doctrine, Kyiv University, Civil Procedure Code of Ukraine.

One of the main tendencies in the reform of procedural legislation over the last decades remains ensuring the effective rights protection through the simplification and speeding up of court proceedings in civil matters. The abovementioned ideas have repeatedly been reflected in the final reports of scientific projects, in the recommendations of the Committee of Ministers of the Council of Europe, and have been implemented at the European Union's level in Regulations of Small Claims Procedure and Order for Payment Procedure, as well as to some extent during the reforms of the national legislation of many European countries. Otherwise, the Summarisches Aktenverfahren of Austria is fairly recognized as one of the most successful simplified models for debt recovering within many different countries. Therefore, it seems to be a just base for comparing with the Ukrainian model for the order for payment procedure, which has been amended a lot in the new edition of the Civil Procedure Code 2017.

In light of the abovementioned, this article deals with a comparative legal study of the order for payment procedure in Austria and Ukraine, in particular, the grounds and peculiarities of the automated procedure for issuing a court order, as well as the grounds and procedure for transferring the application from simplified to general litigation. The conclusions are drawn regarding the possibility of borrowing the best European practice, in particular, Austrian automative procedure of court order issuing, and further development of the procedural legislation of Ukraine. The author also highlights the necessity of the differentiation of the grounds for order for payment issuing for minimizing the court cases in general and the additional responsibility for the abusing the procedural rights through automatized or electronic order for payment procedure to prevent the violation the rights as Missbrauch des Mahnverfahrens example.

The adoption of the Law of Ukraine "On Mediation", which defines the legal basis for mediation as an out-of-court procedure for resolving a conflict (dispute), remains issues of child participation in this procedure remained unresolved. However, such experience in the activities of mediators is, which was confirmed during a survey conducted on a questionnaire prepared within the project "Implementation of the principle of the best interests of the child in mediation in matters concerning the exercise of parental authority and contacts" under the leadership of Professor Joanna Mucha, Adam Mickiewicz University in Poznan, which was carried out jointly by Ukrainian and Polish scientists during 2021. The stage of this project is to conduct similar research in Lithuania. The purpose and objectives of the study are to determine the specifics of the mediation procedure on issues related to the interests of the child and with the direct participation of the child. The article presents and analyzes the results of a survey conducted among Ukrainian mediators working with parties in conflict over the interests of children and the performance of their duties by parents or persons replacing them and who expressed a desire to settle the dispute out of court. The specifics of the choice and application of certain methods by mediators to ensure the clarification of the child's opinion on issues that are the subject of discussion in the procedure, without additional psychological burden on the minor or juvenile. The attitude of mediators to certain methods for their application is analyzed, considering the age of the child, his psychological state and emotional maturity. Provision and observance by mediators of the principles of mediation with the personal participation of the child in the procedure. The article concludes that mediation as the alternative dispute resolution can be an effective tool for implementing the principle of ensuring the best interests of the child. If it is necessary to conduct mediation with the direct participation of the child, the entities that ensure its conduct, should be more careful in choosing the person of the mediator, considering his or her possible specialization, specialized training. Keywords: protection of children's rights; mediation; child-friendly justice; parents' rights; representatives of the child.