CIVIL JURISDICTION THROUGH THE PRISM OF THE PRACTICE OF THE SUPREME COURT
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.2, No. 45)Publication Date: 2021-11-30
Authors : Tymoshevska Iryna; Blynova Darya; Kryvnyi Vladyslav;
Page : 90-96
Keywords : jurisdiction; the Supreme Court of Ukraine; civil jurisdiction; the subject matter of the dispute; the principle of legal certainty; ensuring the unity of national legislation;
Abstract
The article under review analyzes civil jurisdiction from the side from which it is considered by the Supreme Court of Ukraine, highlights the relevant issues on these questions, analyzes the court's approaches to its decision. The article mentions the concept of civil jurisdiction in accordance with the norms of civil procedural legislation and analyzes the way of differentiating jurisdiction of this particular type with others. The problems arising in practice and, accordingly, the negative consequences that give rise to difficulties associated with resolving the jurisdiction of disputes are pointed out. Thus, in particular, the violation of the principle of legal certainty is indicated and the role of the court in solving problems of jurisdiction and ensuring the unity of national legislation is indicated. The article provides statistics related to the frequency of applications to the Supreme Court on issues related to the problem of determining jurisdiction. The approaches and methods of solving such legal problems, the features of the criteria for delimiting jurisdiction are analyzed. The content of civil jurisdiction is also fully analyzed, the problems that prevent local courts from correctly determining the jurisdiction of a particular dispute are identified, and the problems arising from such errors are indicated. Specific examples are given depending on the type and kind of legal problem. Resuming our research, the results were summed up, which noted the importance of the Supreme Court of Ukraine in determining the jurisdiction of the dispute, generalized the range of problems associated with delimitation, analyzed the criteria that characterize civil jurisdiction.
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