PROCEDURAL ASPECTS OF CASE PREPARATION FOR TRIAL

Abstract

Introduction. The preparation of the case for the court process is an important stage in the protection of human rights and the restoration of the violated right, because the right to judicial protection is regulated by national legislation. Due to Russia's military actions on the territory of our country, the process of preparing the case for trial is complicated. When changing locations, due to security threats, some cases may be lost and need to be recovered. And some people generally refuse to protect their rights due to psychological and economic factors. The topic is very relevant today, because the stage of preparation of the procedural review is important and necessary in court proceedings. Procedural codes regulate the preparation of a case for trial. It is important to make changes to the legislation of Ukraine, adjusting it for wartime. It is necessary to study the normative and theoretical national and international base. Purpose. The purpose of the article is a theoretical and legal study of the procedural aspects of preparing a case for trial. Materials and methods. The materials of the theoretical analysis are national and international scientific works of scientists and the normative basis. Special and general scientific methods are used. A separate step is given to the legal method of scientific knowledge. The method of analysis, structural-functional method, forecasting, historical method, comparison, generalization, description was used. Results. As a result of the scientific research and theoretical-legal study of the source base, a proposal was made to introduce the author's methodology for improving procedural aspects of court proceedings during the wartime period. The author's classification of the principles of procedural law in preparing a case for trial is given. Scientific works of scientists and legal sources are summarized. The importance of mediation as a pretrial dispute resolution procedure is explained. The need to study international experience and its exchange between court employees to improve their work is emphasized. Discussion. Scientific research, analysis and study of the process of preparing a case for trial, reveals the main current problems of today and provides an opportunity to further explore the author's proposals, foreign experience and introduce positive aspects into practical activity.