THEORETICAL-APPLICABLE MATTERS OF COURT OF LITTLE MATTERS

The article deals with the problem of new institutes of civil procedural law — the consideration of cases in the order of simplified lawsuit proceedings and minor disputes. The authors emphasize that the novella aims to facilitate access to justice for a large population and to speed up case processing. The main problematic issue of the article is to highlight the difficulties that arise both in theory and in practice in the application of new rules of civil procedural law. The authors emphasize that the legal fixing of the main distinction between minor disputes and ordinary disputes is the cost of the claim, and they note that such separation causes some differences in the understanding of the insignificance of disputes at first instance and cassation. The article emphasizes that all minor disputes can be divided into those that become automatically and those that may be insignificant by court decision. The authors emphasize that such a distinction is quite important, since those disputes that fall into the second category may have problems because the actual resolution of the «insignificance» is at the discretion of the court. The article deals with the issue of cassation filters in the context of the problem under study. The authors point out that the law gave the Supreme Court the right to resolve issues of insignificance on its own, and in the article cited examples of court decisions when the Supreme Court considered a case that was classified as «insignificant» by an appellate court. The article defines the criteria that the court should be guided in determining the form of the claim. Such criteria are the complexity of the case (set of circumstances to be ascertained), the scope and nature of the evidence base, the subject matter of the case. At the same time, the authors emphasize that the court should also take into account such a feature of the summary proceedings as the lack of a preparatory session, and therefore the impossibility of committing the procedural actions provided for in Art. 197 of the CPC of Ukraine, which may complicate the consideration and resolution of the case, especially if the case was considered in the order of simplified claim proceedings in error. Based on the analysis of the legislation on the subject and the case law in the article, the authors propose that the Supreme Court make a specific conclusion or ruling listing the real criteria for determining a particular dispute as insignificant, especially for non-property cases.