MEANINGFULNESS OF UNIMPORTANT BUSINESSES IS IN CIVIL PROCEDURE OF UKRAINE

Abstract

The article is devoted to the coverage of the problem of effective legal regulation of the consideration of minor cases in the civil proceedings of Ukraine. It is established that insignificant cases are a separate category of cases of simplified claim proceedings, which was introduced in the new edition of the Civil Procedure Code of Ukraine of December 15, 2017. It was revealed that cases of insignificance include cases in which the price of the claim does not exceed one hundred times the subsistence level for able-bodied persons, as well as cases of insignificant complexity, are recognized insignificant by the court, except for cases subject to consideration only under the rules of general lawsuit, and cases, the price of the claim in which exceeds two hundred and fifty sizes of the subsistence minimum for able-bodied persons. It was revealed that when considering minor cases, there are a number of procedural features: a preparatory hearing is not held, the court considers a minor case without notifying the parties on the materials available in the case, in the absence of a request from either side about the other. At the request of one of the parties or on the court’s own initiative, the consideration of the case is carried out at the court session with a message (call) of the parties, however, the court may refuse to satisfy the parties ’request to consider the case at the court with the notice of the parties, while the conditions defined by Art. 279 Code of Civil Procedure. In addition, when considering insignificant cases in no case judicial debate is held. It was suggested that, as a result of the above-mentioned features of the procedural order of considering minor cases in a simplified lawsuit, there is a violation of the principles of openness and openness (publicity) of the trial, as well as a significant restriction on the principle of adversarial proceedings. Also, parties to a minor civil case are deprived of the opportunity to use a number of their procedural rights provided for in Art. 43 Code of Civil Procedure of Ukraine. The thesis that such violations indicate non-compliance with the requirements of a fair trial is substantiated. It is concluded that it is advisable to classify only cases in which the price of the claim does not exceed one hundred times the subsistence level for able-bodied persons, except for cases that are subject to consideration only under the rules of general lawsuit. It also seems appropriate to consider all cases of simplified claim proceedings, including insignificant ones, at a court hearing with the notice of the parties at the request of at least one of the parties, regardless of the price of the claim. From the author’s point of view, the proposed changes to the current Code of Civil Procedure of Ukraine will have a positive impact on the procedure for considering all cases of simplified lawsuit and contribute to the implementation of fair civil proceedings in accordance with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms.