scholarly journals LEGISLATIVE REGULATION AND PRACTICAL IMPLEMENTATION OF SUMMARY PROCEEDING IN CIVIL LITIGATION

2020 ◽  
pp. 12-17
Author(s):  
Zh. Vasylieva-Shalamova ◽  
I. Mamatiuk
Keyword(s):  
Civil Procedure ◽  
Practical Aspect ◽  
Civil Litigation ◽  
Practical Implementation ◽  
Main Task ◽  
Procedural Law ◽  
Procedure Code ◽  
Legislative Regulation ◽  
Civil Cases ◽  
Definition Of

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.

scholarly journals GENERAL PRINCIPLES OF CIVIL JURISDICTION

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Nataliia Ryzhenko ◽  
◽  
Olena Korolova ◽  
Keyword(s):  
Civil Procedure ◽  
Judicial System ◽  
Unified Approach ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Territorial Jurisdiction ◽  
Procedure Code ◽  
Procedural Code ◽  
The Moment ◽  
Definition Of

From the moment of becoming valid the law of Ukraine «On amendments to the Commercial procedural code of Ukraine, Civil procedural code of Ukraine the Code of administrative procedure of Ukraine and other legislative acts» of 3 October 2017 jurisdiction of courts courts is defined through the concept of «jurisdiction». This article considers the practical and theoretical significance of the amendments made by this legislative act to the current Civil Procedure Code of Ukraine. The significance of civil jurisdiction and its classification are revealed. To date, the science of civil procedural law has not developed a unified approach to the definition of «jurisdiction» and «civil jurisdiction». With regard to substantive and subjective jurisdiction, it is emphasized that these aspects should be taken into account together. Territorial jurisdiction is defined in the Civil Procedure Code of Ukraine as jurisdiction. The instance jurisdiction determines the scope of powers of the court of each link of the judicial system of Ukraine, and the territorial (jurisdiction) determines the limits of powers between courts within one judicial link to hear cases in the first instance. In general, the rules of territorial jurisdiction are less strict than the rules of substantive jurisdiction, as the level of the court is considered appropriate, but violations of the rules of territorial jurisdiction may create additional inconveniences, which, however, usually do not objectively affect the content of the decision. The difficulty of establishing the jurisdiction of the court at this stage of updating the judicial system of Ukraine is due to significant changes in procedural law. The process of harmonization of procedural legislation has contributed to the consolidation of a single conceptual apparatus, which has so far been used mostly at the theoretical level. Thus, at the legislative level, the jurisdiction of the courts of Ukraine is determined exclusively by the jurisdiction, which in the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine is divided into substantive and subjective, instance, territorial. However, the analyzed provisions of the Civil Procedure Code of Ukraine demonstrate the need to further improve the rules of civil jurisdiction.

The Content of the Concept of «Conclusion» in the Civil Process

2021 ◽  
pp. 48-53
Author(s):  
Ryzhkov K. S. ◽  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
General Concept ◽  
General Definition ◽  
Civil Process ◽  
Procedural Law ◽  
Expert Opinions ◽  
Procedure Code ◽  
The Russian Federation ◽  
Definition Of

The article analyzes the problems associated with the content and scope of the concept of «conclusion» in civil procedural law. The absence of a definition of the concept of «conclusion» in the current legislation is noted, as well as the discussion that exists in the scientific literature on this issue. Attention is drawn to the application of this concept to procedural institutions of various contents (expert opinion and opinion in accordance with Articles 45 and 47 of the Civil Procedure Code of the Russian Federation). The aim of the study is to establish the content of the general concept of «conclusion» in the civil process by formulating its definition. To achieve this goal, the author has set the task of identifying differences between different types of conclusions in the civil process. The author also set the task of identifying common features that both expert opinions and conclusions have in accordance with Articles 45 and 47 of the Civil Procedure Code of the Russian Federation. In the framework of this study, methods such as the analysis method, as well as system-structural and formal-legal methods were applied. The content of the procedural rules in their totality and comparison, including the norms of other procedural branches of law, is analyzed. The application of the above methods allowed us to fully achieve the goals and objectives of the study, to formulate scientifically based conclusions. Based on the results of the study, the author gives a general definition of the concept of «conclusion» in civil procedure law, applicable to all types of opinions that exist within the framework of the norms of the Civil Procedure Code of the Russian Federation. Attention is drawn to the nature of the conclusion as a judgment of an evaluative nature. As signs of a conclusion in a civil process, its subject (the subject of civil process) and a specific procedural form are named.

scholarly journals ACTUALIZATION OF PROBLEMS AND NOVELS OF THEORETICAL AND LEGAL SEGMENTS OF CERTAIN BANKRUPTCY PROCEDURES

2020 ◽  
Vol 73 ◽  
pp. 87-94
Author(s):  
Vitaliy Kadala ◽  
◽  
Olena Guzenko ◽  
Keyword(s):  
Business Environment ◽  
Point Of View ◽  
Entrepreneurial Activity ◽  
Main Task ◽  
Doing Business ◽  
Management Measures ◽  
Legislative Regulation ◽  
Definition Of ◽  
Design Options ◽  
Legal Entities

The article is devoted to the issues of actualization of problems and novelties in the context of theoretical and legal segments of the bankruptcy procedure. The activities of economic entities are influenced by external and internal factors, but the issues of their solution remain in most cases in the discussions of politicians, scientists and representatives of the business environment. The effectiveness of legal entities has recently proved that the application of bankruptcy proceedings has intensified. However, remediation issues do not always have and receive adequate support. The consequence of these phenomena is the cessation of activities not only of small and medium-sized businesses, but also of individual large businesses. The main task of modern enterprises on the verge of bankruptcy is to develop tools and tools that allow to predict and analyze potential crises, to design options for their resolution and the appropriate information and economic base of management. Practical entrepreneurial activity proves that a number of issues remain unresolved and need more in-depth research and attention. This phenomenon indicates the modernity and relevance of the study given the realities of the functioning of legal entities. The article draws attention to the legislative regulation of bankruptcy procedures, identifies the priorities of legislative initiatives. The question of the scientific position of scientists concerning the characteristic of the conceptual categories "bankruptcy" and "remediation" is investigated. The author's vision of the essential characteristics of these categories is given, the substantiation of expediency of their adaptation in activity of domestic enterprises is given. A package of anti-crisis management measures has been developed taking into account the current realities of doing business. Proposals for improving the legislative regulation from the standpoint of reorganization procedures are presented. The development, approval and adaptation of the "Regulations on the stages of remediation" is proposed. From the author's point of view, it is expedient to include in the structure of the legislative regulator: conceptual apparatus for reorganization procedure, definition of methods and techniques of evaluation of clearly defined criteria with establishment of their normative limits, coverage of monitoring procedures.

scholarly journals Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings

2020 ◽  
pp. 060-066
Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  
Keyword(s):  
Positive Result ◽  
Civil Procedure ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.

JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV
Keyword(s):  
Russian Federation ◽  
Major Change ◽  
Civil Procedure ◽  
Judicial System ◽  
Judicial Reform ◽  
Federal Law ◽  
Current Trends ◽  
Procedure Code ◽  
The Russian Federation ◽  
Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

4. Overriding Objective and Human Rights

2021 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2019 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2020 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

Besondere Typen der Widerklage

2019 ◽  
Author(s):  
Annalena Hanke
Keyword(s):  
Case Law ◽  
Civil Procedure ◽  
Third Party ◽  
Procedural Law ◽  
Procedure Code ◽  
The Law

This highly significant work in terms of litigation practice critically examines the case law of Germany’s highest courts with regard to third-party counterclaims. In particular, it discusses the recognition of third-party counterclaims as an independent institution of procedural law. This work solves the problems that arise in this respect, above all the question of local jurisdiction, using the existing legally regulated instruments of procedural law. Due to the actual lack of the presupposed loophole in the regulations, it therefore calls into question both the analogous application of § 33 of Germany’s civil procedure code (Zivilprozessordnung) and the judicial development of the law in this area.

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