HARMONIZATION OF CIVIL AND CIVIL PROCEDURAL LAW

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HARMONIZATION OF CIVIL AND CIVIL PROCEDURAL LAW

Journal Title: Зовнішня торгівля: економіка, фінанси, право - Year 2016, Vol 6, Issue 89

Abstract

Background. Analysis of judicial practice in Ukraine proves that in practice, the courts hear same cases differently. Hereat the categories of cases are also different and relate to different aspects of life: property rights, division of joint ownership, contractual relationships and so on. Since the signing of the Association Agreement between Ukraine and the EU, many scholars have turned their attention to the problems of harmonization of Ukrainian legislation to the EU legislation. The experience of the implementation of legal regulation in the EU is one of the important directions of improvement of legislation. The aim of the article is the study of General theoretical questions of harmonization of civil law and civil procedural law of Ukraine. Materials and methods. There were used general scientific (dialectical) and special methods of knowledge of legal phenomena: analysis and synthesis, systematic approach, the interpretation of norms, formal-logical, systemic-functional, comparative-legal and generalization. The main provisions and conclusions of the study are based on the analysis of CC and CPC of Ukraine, legal acts, domestic and foreign scientific literature. Results. It is determined that the necessary harmonization of civil and civil procedural law is considered from the point of view of brining to the unity of international law and domestic legislation of the country. It should be noted that the essence of harmonization is harmonization, elimination of contradictions, conflicts, negotiation of content, form and (or) functional or some provisions of the law or laws. In order to develop strategy of development of Ukraine as a legal state, the practical implementation of the principles of the rule of law and ensure everyone with the right to a fair trial of cases by an independent and impartial court, it was adopted a number of important normative legal acts, which determined the direction of harmonization of civil and civil procedure legislation, namely the Association Agreement, the Coalition agreement and the Strategy of sustainable development "Ukraine – 2020". It was asked to agree the civil and civil procedure legislation with regard to mandatory directives and regulations of the European Parliament and of the Council adopted under the civil and civil procedural law. Conclusion. Harmonization of civil and civil procedural legislation of Ukraine must meet the challenges to ensure fair trial of cases under the Convention on the protection of human rights and fundamental freedoms. This process should be clearly defined social relations, legal regulation of which is carried by civil and civil procedural law and contain legal conflict. An important way to achieve harmonization of civil and civil procedural law is the consideration of the Directive and the Regulations of the European Parliament and of the Council of the EU adopted in civil and civil procedural law by creating a legal framework that would establish and guarantee the compulsory consideration of public opinion in decision-making by public authorities and bodies of local self-government of power decisions. Upon further research of the topic of harmonization of civil and civil procedural law should be taken into consideration the provisions of the Plan of legislative support of reforms in Ukraine, which is a description of the specific guidelines for the implementation of the reforms and identifying the means of its implementation.

Authors and Affiliations

Larysa NESKORODZHENA

Keywords

EP ID EP185302
DOI -
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