The Problematic Aspects of Separate, Summary Procedure and Trial in Absentia within Civil Procedure Legislation of Ukraine
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 1, Issue
Abstract
The article deals with an investigation of the key problems of summary, separate procedure and trial in absentia in the Civil Procedural Code of Ukraine; reviewing of the essential problems that have arisen with the adoption of the Civil Procedural Code of Ukraine in force regarding: 1) the revival of the institution of summary procedure, which is characterized by a special form of the judgment with a lot of benefits and at the same time determines the problematic aspects of the contradiction of legislation; 2) the inclusion of the institution of separate procedure, which is a type of non-adversarial justice and differs from other procedure with the features of the procedural order of consideration of case; 3) the inclusion of the institution of trial in absentia, which is the property of civil procedure, and also has defects leading to a substantial violation of the rights and legitimate interests of persons.Over 20 years have passed since the proclamation of independence of Ukraine. During this period a lot of branches of law were significantly reformed. At the same time the improvement of the legal regulation of a number of institutions including separate and summary procedure and trial in absentia is under way. The analysis of this institution in the legislation in other countries will highlight the patterns of procedure, especially of legal regulation in the specific countries, as well as to generate proposals to improve the national legislation in this area. Article 55 of the Constitution of Ukraine enshrines the right to defense. An important activity aimed at improving of the effectiveness of the mechanism of judicial defense is the introduction of specific procedural forms providing a quick solution of civil cases. The essence of institution of separate and summary procedure and trial in absentia of civil procedure is reviewed; the last ones have defects and in some cases lead to a substantial violation of the rights and legitimate interests of persons. The article is the presentment of the views of scholars on the legal nature and characteristics of the procedural peculiarities of separate, summary procedure and trial in absentia in the existing theories of civil procedure. The analysis of these issues gives us the opportunity to determine general and specific features of separate and summary procedure and trial in absentia.
Authors and Affiliations
Н. В. Тульчевська
Keywords
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