TO REVIEW THE DEVELOPMENT OF CIVIL PROCEDURAL LAW OF CERTAIN FOREIGN COUNTRIES
Journal Title: «Приватне та публічне право» - Year 2017, Vol 1, Issue
Abstract
The author draws attention to the overall value of the European Community, as a major inter-state union that is a key and strategic partners of Ukraine at the present stage, the ability to take account of this experience is quite realistic and achievable. Therefore, investigating the civil procedural law of foreign countries were selected for comparison in Poland, Bulgaria and Germany (both states for a long time were in the socialist camp in the geopolitical sphere of influence of the Soviet Union, but managed to preserve their civil procedural traditions and promptly adapting national civil procedural system to the standards of Western law) and Russia (as a state that declared itself the successor of the Soviet Union) and Georgia (a state that after independence, was in a similar to the Ukraine situation that needed to organic coexistence Soviet procedural heritage and development new provisions of national procedural law), which can be interpreted to procedural Ukrainian realities. Regarding the latter countries, it is important to note that the state of civil procedural law is closest to the national on a number of criteria: 1) unstable social and economic situation increases the number of appeals to the court for protection; 2) insufficient state funding leads to a lack of funds for maintenance and development of a court; 3) low level of public confidence in the judiciary, corrupt and bureaucratic; 4) obscurity and complexity of court procedures; 5) palpable lack of qualified judicial personnel and the progressive increase in the number of cases to be considered and solving a judge; 6) the urgent need to update judicial vertical viewing the main approaches to the possibility of holding judges accountable for unlawful knowingly accepted his decision. The analysis is a clear trend for the countries of continental legal system to limit the interaction between appellate and cassation or appellate and revision proceedings. The author notes that weighty role in timely and fair trial of simplified proceedings set aside and procedures to achieve the optimum balance between procedural economy and the preservation of traditional principles of civil procedure.
Authors and Affiliations
О. В. Кіріяк
Keywords
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