Functionality of civil proceedings

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Functionality of civil proceedings

Journal Title: Проблеми законності - Year 2016, Vol 132, Issue 132

Abstract

Reformation of the judicial power in Ukraine and transformations in the activities of the courts of all levels of the judicial system have a great influence on the nature and content of the functions, goals and objectives of the modern civil justice, which in its turn raises the question about the characteristics of the quality and effectiveness of this judicial proceedings as a whole. The analysis of the aforementioned problems suggests the need to study such a property of the civil proceedings as its functionality. Paper objective is to justify a possibility (necessity) to include such a property of the civil proceedings in the scientific revolution as its functionality that allows you to see the full semantic characteristics of the aforementioned type of proceedings at the relevant stage of its development. The content of functionality of the civil proceedings can be represented as a set of specific elements (functions, goals, objectives, and subjective composition), revealing what it should do, under what conditions and how it should allocate resources to achieve the goals of judicial proceedings. The functionality of judicial proceedings allows the following: 1) To identify the validity of legal relations arising during the administration of justice, 2) To see the practical purpose of the civil proceedings and its role in the civil society; 3) To trace the civil proceedings in the dynamics of all its elements and forms. It is the functional load of the civil proceedings that enables us to fully characterize (estimate) the mechanism of the judicial protection of violated, unrecognized or disputed rights, freedoms and interests of individuals and legal entities, state interests set in the state, and also to identify the shortcomings of this mechanism. The functionality and effectiveness of the judicial proceedings have row categories, but in its semantic load have different meanings. Functionality is directly related to the definition and implementation of the main functions and targets of the civil proceedings, while effectiveness is a more statistical indicator that is defined in specific terms, figures, percentages, etc. Therefore, effectiveness is only a part of the functionality of the civil proceedings. Functionality of the civil proceedings shall be understood as a property of the judicial proceedings, characterizing it in terms of implementation of the regulatory assigned functions, goals and objectives of the civil proceedings. Functionality of the civil proceedings (a) depends on a thorough analysis of the tasks and goals of the judicial proceedings because it directly or indirectly, either directly or indirectly comes from the objectives and goals of the process; (b) has a clear link with the property of the civil proceedings as its effectiveness; (c) is dependent on the civil procedural legal policy as they are interrelated. The purpose of introduction of such a category as the functionality of the civil proceedings in the scientific turnover – installation of the primary (main) criterion that allows to recognize the efficiency and effectiveness of the civil proceedings that meets the needs of the modern society. It is the functionality that makes it possible to penetrate deeper into the essence of the civil proceedings and to study its various levels

Authors and Affiliations

Сергій Васильєв

Keywords

Civil proceedings; functionality of the civil procedure; functions of the civil procedure; objectives of the trial; tasks of the civil proceedings; and effectiveness of the judicial proceed

EP ID EP174006
DOI 10.21564/2414-990x.132.58435
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