FUNCTIONAL POWERS OF THE COURT IN CONSIDERATION AND RESOLUTION OF CIVIL CASES IN THE ASPECT OF JUDICIAL DISCRETION

The article is devoted to one of the topical issues of civil procedural law — the powers of the court in considering and resolving civil cases. Due to the lack of clear regulation of the rights and obligations of the court in the process of consideration and resolution of cases, some issues are referred to court, including the court's determination of disputed legal relations between the parties and the application of law or law governing them. The solution of this issue is directly related to determining the relationship between the rights and obligations of the court and the rights and obligations of the parties to the civil case and the limits of their implementation. Reasonable conclusion that the consideration and resolution of a particular civil case is carried out within the stated claims, which establish the procedural limits of consideration and resolution of each civil case. The result of the implementation of the procedural powers of the court to resolve a particular civil case is a court decision. It was found that the civil procedural law defines certain legal criteria that the court must meet: it must be based on the rule of law, be lawful and reasonable — adopted in accordance with substantive and procedural law, conclusions and legal positions set out in the Supreme Court., meet the task of civil proceedings. The decision made on the basis of fully and comprehensively clarified circumstances, to which the parties refer as the basis of their claims and objections, confirmed by the evidence that was examined at the hearing, is reasonable. The guarantee of observance of the specified criteria is the requirements established by the law concerning step-by-step decision of the basic questions at decision-making by court in civil case. Attention is drawn to the fact that the court, within its procedural functional powers and within the claims, establishes the nature (legal nature, rights and obligations, etc.) of the disputed legal relationship of the parties arising from the established circumstances and determines the legal norm to be applied. . Such functionality of the court is imperative. The results of the procedural activities of the court are reflected in the motivational and operative parts of the court decision.