Minor cases in civil procedure

• Published in: Науковий вісник Ужгородського національного університету. Серія Право no. 67; pp. 89 - 92
• Main Author: Markin, A. O.
• Format: Journal Article
• Language: English
• Published: 16.01.2022
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2021.67.17

The author within the work revealed two limits of insignificant cases of civil proceedings: the limit of correctness and the limit of timeliness. When limiting the principles of civil proceedings in simplified proceedings, it is necessary to be guided by these limits. It was found that the limit of timeliness should be understood as the procedural term of consideration of a minor civil case, which should be much shorter than the general term of consideration of civil cases within the ordinary procedural procedure. The limit of correctness should be understood as the grounds for the revocation of a judicial act. For simplified civil proceedings, the limits of correctness will be violated in the event of an illegal and unreasonable decision; time limits - in the case of consideration of the case within a period similar to or exceeding the term of consideration in the ordinary procedural procedure. The problem of efficiency and accessibility of justice is one of the most important problems of modern procedural law. One way to increase the availability and efficiency of justice is the emergence of expedited proceedings in civil proceedings. The simplified procedure for consideration of cases is applied based on the formal criteria of the insignificance of property claims and the complexity of the disputed legal relationship. Such circumstances do not exclude not only the complexity of the case, its potential practical significance but also the presence of trivial confrontation between the parties, which requires a court hearing. Sometimes this confrontation turns into a restriction of the court by the procedural regime granted to it by law. Maintaining the model of imperative consolidation of the list of cases that the court is obliged to consider expeditiously and simplified requires adequate verification capabilities. That is, the court should be able to verify all the arguments of the complaining party against imaginary and actual violations and shortcomings. The objection of one of the parties to the adopted judicial act, albeit in a simplified manner, deserves careful attention.