INSIGNIFICANT CIVIL JURISDICTION CASES
Journal Title: Часопис цивілістики - Year 2018, Vol 30, Issue
Abstract
The article is devoted to the analysis of the legal provision of insignificant civil jurisdiction cases. The meaning of insignificant civil jurisdiction cases are analyzed. Consideration and proposed methods for solving problems of insignificant civil jurisdiction cases. Possible prospects for further development in this direction. The Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine and other norms of the Ukrainian legislation". By this law, the legislator introduced the concept of minor cases, which are considered in the simplified procedure. According to the Civil Procedural Code, the legislator noted that minor cases are: 1. Cases in which the value of the claim does not exceed one hundred living wages for the able-bodied. 2. Cases of minor complexity, declared by the court insignificant. The difference between the general and the simplified procedure is that the court examines the case in the form of a simplified lawsuit without notifying the parties of the materials available in the case. Also, consideration of the case in the order of the simplified lawsuit takes place without a preparatory meeting and not later than 30 days from the opening date of the proceedings. We believe that these changes are not complete and there are many defects that we encountered in studying the subject. The first problem is the very term of minor cases, it does not exist in civil procedural law. In view of this, we propose the introduction of the term Civil cases of no significant complexity, that is, the insignificant case is a civil matter, in which the controversial legal relationship nature, subject matter of evidence and the composition of the participants, etc., do not require the conduct of preparatory proceedings and / or court sessions for the complete and complete establishment of circumstances. Also there are also no nominal non-property cases assigned. Non-proprietary claims - claims that do not include claim fees. Therefore, one more problem arises from this. However, in our opinion, non-property disputes can`t be considered as insignificant, since the Constitution of Ukraine states that the person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. In addition, the legislator did not foresee the appeal of minor cases in the cassation court. Therefore, there is a need to further resolve this gap in civil law due to the violation of legal human rights to a fair trial.
Authors and Affiliations
Марина Геннадіївна Поліщук, Іван Олексійович Паталаха, Едуард Сергійович Трубіцин
Keywords
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