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Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 20)

Publication Date:

Authors : ;

Page : 62-71

Keywords : justice; civil litigation; simplification proceedings; cost of action; European standards of justice; small claims;

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In the article, as a result of the analysis of the Civil Procedure Code of Ukraine and the Regulation (EC) No. 861/2007 of the European parliament and of the Council of July 11, 2007, a comparison was made between the procedural institute of insignificant cases in Ukraine and the procedure for examining small claims - the existing European Small Claims Procedure in EU countries. Disclosure of the topic has also contributed to the study of jurisprudence on this issue. The criteria of classification of a case to a minor one under the legislation of Ukraine and the EU were directly established, and a comparison was made, which made it possible to conclude that, unlike the EU legislation, the national legislation does not contain clear criteria, the list of cases is also significantly different cannot be considered insignificant. The analysis of the case law revealed the problem of considering disputes arising from labor relations as minor matters. Investigating the provisions of civil procedural and labor law, as well as the approaches of legal doctrine allowed to conclude that not all labor disputes have a material component, and therefore - not all of them can meet the criteria of classification of cases as insignificant in the sense of Part 6 of Art. 19 of the Civil Procedure Code of Ukraine (at the cost of the claim). This again confirms the independent nature of cases arising from labor relations. Thus, disputes arising from labor relations are subject to consideration in the simplified procedure and not in the case of small cases. The comparative legal analysis of the legal regulation of the procedure of consideration of minor cases under the legislation of the EU and Ukraine, conducted in this scientific article, allows us to draw several conclusions: although the relevant legislation in the EU legislation borrowed from the EU legislation, the substance and substantive content of a minor case proceeding in Ukraine differs substantially from similar proceedings under the ESCP procedure; the legal constructions introduced in the legislation of Ukraine on minor cases are characterized by significant defects of the legislative technique, which creates the basis for the extension of the judge's discretion in the category of this case. In order to harmonize the civil procedural legislation of Ukraine with international standards, to reduce legal risks when considering this category of cases under the rules of summary action proceedings, it is necessary to make appropriate changes, which were addressed.

Last modified: 2021-03-16 22:22:21