НАКАЗНЕ ПРОВАДЖЕННЯ В АВСТРІЇ ТА УКРАЇНІ: ПОРІВНЯЛЬНЕ ДОСЛІДЖЕННЯ

Abstract

One of the main tendencies in the reform of procedural legislation over the last decades remains ensuring the effective rights protection through the simplification and speeding up of court proceedings in civil matters. The abovementioned ideas have repeatedly been reflected in the final reports of scientific projects, in the recommendations of the Committee of Ministers of the Council of Europe, and have been implemented at the European Union's level in Regulations of Small Claims Procedure and Order for Payment Procedure, as well as to some extent during the reforms of the national legislation of many European countries. Otherwise, the Summarisches Aktenverfahren of Austria is fairly recognized as one of the most successful simplified models for debt recovering within many different countries. Therefore, it seems to be a just base for comparing with the Ukrainian model for the order for payment procedure, which has been amended a lot in the new edition of the Civil Procedure Code 2017. In light of the abovementioned, this article deals with a comparative legal study of the order for payment procedure in Austria and Ukraine, in particular, the grounds and peculiarities of the automated procedure for issuing a court order, as well as the grounds and procedure for transferring the application from simplified to general litigation. The conclusions are drawn regarding the possibility of borrowing the best European practice, in particular, Austrian automative procedure of court order issuing, and further development of the procedural legislation of Ukraine. The author also highlights the necessity of the differentiation of the grounds for order for payment issuing for minimizing the court cases in general and the additional responsibility for the abusing the procedural rights through automatized or electronic order for payment procedure to prevent the violation the rights as Missbrauch des Mahnverfahrens example.