Journal article Open Access

Insignificant Cases and Simplified Proceedings as Procedural Forms of Their Considerations

Valerii Yu. Mamnytskyi Maryna H. Kakhnova Yuliia A. Shevchenko

This article provides a review of issues on insignificance of the cases and simplified proceedings as a procedural form of their consideration in the novelized national civil procedural law. Introduced by the changes of October 3, 2017, the novel of the Civil Procedural Code of Ukraine on insignificance of cases causes many discussions, objections and comments, finds both support in scientific societies, and certain criticism. The aforementioned novels aimed to reform this branch of Ukrainian law by bringing it into line with European standards. In this regard, the question whether this goal was achieved arises, and whether the novels in the whole content correspond to European Union law, the rights of individual European continents and the regular practice of the European Court of Human Rights.

The paper analyzes the issues related to ensuring the right to a fair trial, access to justice and the right of a person for cassation appeal on insignificant case considering. The study examined the classical and modern doctrine, as it should be emphasized that the views of scientists are an important source of the formation and development of law, and when considering issues such as simplified proceedings and insignificance of disputes, scientific doctrine determines the relevance of this topic. The subject of the study in the work was also a large practice of national courts in solving the issue of insignificance of cases, as well as simplified proceedings. The practice of the European Court of Human Rights, which also formed the subject of this article, was also taken into consideration. The issue of insignificance establishing in the dispute resolution was also disclosed through a prism of the European Union legislation and the legislation of certain European countries. Based on the analysis of the doctrine and legislation of Ukraine and foreign countries, the proposals to amend the Civil Procedural Code of Ukraine with the legal regulation of minor disputes were made in the conclusions.

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