ЮРИДИЧНА ТЕХНІКА І ЇЇ ВПЛИВ НА ПРОЦЕСУАЛЬНУ ФОРМУ ЦИВІЛЬНОГО СУДОЧИНСТВА

Abstract

Various measures and legal techniques with the use and application of legislation in accordance with the legal situation and legal relations arising between the subjects, which in turn allows this to be done, for example, for the court to conduct a trial, for the parties to file statements in the case, to exercise the right to independent examination, etc., but I would like to note the need to use and understand such an important element for civil proceedings, without which every procedural action, especially the court, is indispensable, namely, the use of legal technique, which permeates the entire procedure. The purpose of the court and the participants of the court proceedings cannot fail to appreciate and pay attention to this important component, as it determines the quality of the case resolution, as well as the possibility of resolving civil disputes and issuing lawful and reasonable court decisions. Procedural action cannot be performed for participants in civil proceedings if it is not timely, especially for the court, since the course of the trial depends on it. Adoption of a lawful and reasonable decision is based on certain procedural actions that are supported by law, which means they reflect the course of the court case, the need for certain actions, evidence in the case, etc., which in turn gives an understanding of the logic and expediency of procedural actions, where it is mandatory to record these actions and as a result we have the court decision itself, which is the result of the dispute itself. Methodology in a scientific work includes such methods as dialectics, the method of formal logic and the method of the structural system, general methods (worldview), general scientific methods, specific scientific methods, and special methods, theoretical and empirical methods. Results of Application of such a category as legal technique in civil proceedings and its significance for the conduct of a court case (procedural form and content) and the rendering of a court decision by a court. I would also like to draw attention to the fact that legal technique may be reflected in various types of activities of the participants to the court proceedings in legal, written and technical form. All of these procedural actions characterize the very procedural form and content that a civil case ultimately acquires its essence. Practical implications The importance of the moment of application of legal technique is revealed in the finesse of application of the necessary procedural actions, especially by the court, their timeliness in the form and content, which affect the perfection of procedural actions and their implementation. The formulated concept of legal technique for civil procedure is a specific, procedural, fixed means of expressing the stage-by-stage movement of a civil case, which is characterized by linguistic, technical methods and techniques of application and use of information presentation by the participants to a court case. We believe that the following features of legal technique for civil procedure should be proposed, namely: 1) the legal technique of court proceedings cannot exist without the application of law; 2) court proceedings depend on the legal technique which is inherent in certain stages of the court process; 3) the legal technique of court proceedings depends on the competence and training of the court; 4) the legal technique is characterized by the court's document flow, recording of the court process, and oral presentation of information by the participants to the court process; 5) the procedural form and. Value/originality Today we are dealing with a developed format of understanding legal technique as a manifestation of creative legal writing, and we can also talk about remote conduct of the trial, recording it, the Unified Court Register, etc., because these legal phenomena also have their own legislative rules specified, for example, in the Civil Procedure Code of Ukraine and other sources of law, and they are already used by participants in the trial, which extends the form and content of the process as a whole, its format becomes deeper and more accessible for implementation in an applied sense.