Legal regulation of institute of order proceedings: foreign experience and national peculiarities
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 3, Issue 3
Abstract
The article analyzes the foreign experience of legal regulation of simplified procedures of legal proceedings. The introduction of simplified proceedings is proposed, on the one hand, as a way of ensuring access to justice at the expense of reduced court costs and a more flexible procedure with a lower degree of formalization, on the other hand, as a way of minimizing public expenditure on the judicial system and improving the efficiency of the judicial administration. The history of the procuracy's appearance as a form of dispute settlement, the prototype of which (simplification of the trial) took place during the Roman law, was considered. The positive practice of regulation of order execution as an integral part of the civil process is revealed. At the same time, today the procedural legislation of other countries is quite progressive, orderly and automated, and therefore, it has grounds for the introduction of positive practice in the legislation of Ukraine. The main prospect of updating the domestic civil procedural legislation remains the introduction of automated ordering, which would greatly facilitate the work of court officials and judges, as well as improved communication between the parties and the court. Taking into account the positive foreign experience, it is proposed to make a number of changes to the existing civil procedural legislation, including: to expand the list of requirements, to provide an opportunity to collect in the order of order real estate realization; to settle the issue if the place of the debtor is not known or if he is abroad, in the long run, to provide a refusal to open the proceedings; to extend the term during which the debtor can be filed an application for the cancellation of a court order; to provide for the possibility of cancellation of a court order by other interested persons. The prospects of borrowing positive achievements of foreign practice for further use in the Ukrainian realities of the present are outlined.
Authors and Affiliations
Oleksandra Nestertsova-Sobakar, Yuliya Svystak
Keywords
Related Articles
- EP ID EP328274
- DOI 10.31733/2078-3566-2017-3-140-148
- Views 91
- Downloads 0
Information and communication technologies in the implementation of public control over the activities of local self-government: theoretical and legal aspects
This article analyzes the forms of public control over the local self-government and the current ICT, which are used in the information space of Ukraine and which have a significant impact on the local self-government. P...
Peculiarities of investigation of crimes commited by minors engaged in vagrancy
The article deals with some peculiarities of investigation of crimes of minors engaged in vagrancy, by the National police officers, as well as analyzes the statistics of criminal offences committed by the above persons....
Concepts of natural law and natural human rights as an ideological basis of the Universal Declaration of Human Rights
. The ideas of representatives of the concept of natural law and natural human rights in their historical dimension and interrelation with the provisions of the Universal Declaration of Human Rights of 1948 are considere...
Concept that reflects the process of adopting and amending a constitution: questions of terminological certainty and meaningful fullness
The author set out to overcome terminology uncertainty category, which reflects the adoption of the constitution and amendment, and clarify the content of the studied concepts. The necessity of introduction to the concep...
Preparatory stage of investigative experiment during investigation of crimes against morality
The article deals with some aspects of the investigation of the crimes against morality. We consider the organizational features of investigation experiment in the investigation of these criminal offenses. Suggestions ar...