Оpening of proceedings in civil and economic proceedings: a comparative aspect

Abstract

The article provides a comparative analysis of the problems of opening proceedings in civil and economic processes. The procedural norms of the EU member states, which regulate the procedure for opening proceedings in civil and economic processes, have been analyzed. It is additionally substantiated that the opening of the proceedings in the case is the first stage of proceedings in any private law case considered by the court. Every person has the right to apply to the court if he needs the protection of his rights, in case of their violation, non-recognition or appeal. It has been proven that the presence of such a procedural stage as the opening of proceedings in the case is important in view of checking the compliance of the content and form of the claim statement with the requirements of the law, as well as clarifying the procedural legal personality and in order to prevent abuse of the right to defense. A comparative analysis of the norms of the Civil Procedural Code of Ukraine and the Economic Procedural Code of Ukraine was carried out, which made it possible to single out the following common features: the opening of the proceedings is singled out as a stage within the framework of the legal proceedings; to open a proceeding, a person must file a lawsuit, in which he can request a simplified proceeding; control powers are provided in the court to verify compliance of the claim with procedural requirements, while the same period (five days) is provided for issuing a decision on leaving the claim without movement, changes were simultaneously made to the analyzed procedural codes regarding control over the registration of the electronic cabinet by the plaintiff; judicial control is provided for the compliance of the claim with the requirements of the procedural legislation in the relevant proceedings; in the case of leaving the statement of claim without movement due to deficiencies that can be corrected, the same period for their elimination is given - ten days; similar additional grounds for returning claims, etc. are defined. Differences in procedural norms regarding the opening of proceedings are highlighted. It is substantiated that the opening of the proceedings in the case is a separate stage of the civil process, which is important in view of the realization of a person’s right to judicial protection, which implements the primary tools of judicial control aimed at guaranteeing the balance of private and public interests, in particular the right to fair judicial protection and prevent abuse of the person’s right to defense.