Journal article Open Access

Principle of Proportionality: Regulation, Practical Aspect and Integrating Requirements of Today

S.V. Diachenko, V.O. Dunai, D.I. Zmytrovych

The article examines the principle of proportionality as a conceptual basis for civil justice. The issue of regulatory support, the specifics of the said principle and the application of the principle of proportionality, taking into account the case law of the European Court of Human Rights, are considered. The relevance and inconsistency of the topic under consideration, based on the research materials of leading scientists, is determined. Components of the stated principle are analyzed with indication their characteristic features. The historical aspect of the development of this principle and the views of scholars with regard to its identification with other terms but of equal importance shall be taken into account. Also, the principle of proportionality in this context is considered in the light of the experience of foreign countries and is explained by one of the requirements of the integration process of Ukraine to the EU. It provides for an effective mechanism for the judicial protection of the subjective rights and interests of the subjects, which has been reflected in the implementation of such a general principle of justice as proportionality.

Enshrining of this principle in the Criminal Procedure Code of Ukraine allowed to make another step to the integration of the European Union. At the same time, it ensured an effective mechanism for the protection of the persons’ subjective rights and interests and approximate national legislation to the standards of the European Union.

During consideration of future development and legal opinion on civil proceedings it is necessary to search for a proper model of civil proceedings, to ground its basic features, effective constructions for procedural activity of the court and parties to the case.

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