Judicial protection of civil rights and legally protected interests in Ukraine

Abstract

The article examines the concept of the right to judicial protection of civil rights and interests protected by law as one of the key categories in civil law. The normative-legal regulation of the right to judicial protection by national legislation is analyzed, in particular the consolidation of the concept of judicial protection in the provisions of the Constitution of Ukraine, the Civil Code of Ukraine and the Civil Procedure Code of Ukraine. Judicial protection is considered as one of the jurisdictional forms of civil protection. An important place in the system of judicial protection of civil rights and legally protected interests is occupied by the methods used in the judicial process and which ensure the effective resolution of civil cases. During the characterization of the list of protection methods established in the Civil Code, it was emphasized that the system of judicial protection methods is much broader, unlike other jurisdictional forms of protection. In the course of the characterization of judicial protection of the rights and interests of subjects of civil legal relations, the advantages of this form of protection were highlighted, including the presence of state guarantees that meet the standards of international law. However, at the current stage of the development of the civil justice system, the practical application of material and procedural norms related to the process of preparing and justifying the submission of an application to the court, the conduct of a judicial process, a number of shortcomings are observed, in particular, caused by the introduction of martial law in Ukraine, and which require the introduction of legislative changes for their solution. In the study, special attention was focused on trends in improving the quality of judicial protection of civil rights and interests. Within the framework of the implementation of the course of Ukraine's integration into the European Union, an important condition is the implementation of international standards and norms in the sphere of justice in the state. It is also noted that the improvement of the system of judicial protection of civil rights and interests is carried out depending on the successful implementation of the judicial reform, which is a large-scale complex of state measures aimed at building a modern, efficient and independent judicial branch of government in Ukraine.