Some problematic aspects of preparing civil cases for trial

Abstract

The article presents the analysis of legal regulation of certain procedures for preparing a civil case for trial, in particular, serviceof a statement of claim and service of pleadings.It is noted that one of the most important conditions for the effectiveness of preparatory proceedings is to provide the participantsin the trial the right to substantiate their legal position. The Code of Civil Procedure of Ukraine, as amended in 2017, made certainadjustments to the procedure for the realization of civil procedural activities by participants in the trial and the court.It is substantiated that, while establishing the obligation to send copies of the statement of claim, the legislator does not use suchconcepts as serving a copy of the statement of claim or receiving it by the defendant and other participants in the case.The researcher argues that the relationship associated with the service of court summons and notices is largely similar to the relationshipmediating the receipt of copies of the statement of claim by the defendant and other participants in the case. The common featureis that both of these actions give the defendant and other persons information about the existence of a civil case, which is especiallyimportant at the initial stages of the procedure. In addition, both the subpoena and the copy of the statement of claim are judicial correspondence,therefore it is natural that the rules for their service should be unified in a certain way. At the same time, receiving a subpoenaand receiving a copy of the statement of claim are not identical.It is proved that the receipt of copies of the statement of claim by the defendant and other participants in the case, as well as notificationof the place and time of the consideration of the case, directly follows from the requirements of fairness of judicial consideration,equality and adversariality of the parties, and publicity of the proceedings. Tardy receipt of copies of the statement of claim by thedefendant and other participants in the case increases the time for consideration of the case, requires additional efforts and resources.It is advisable to provide in the legislation the right of the participants in the case to receive a copy of the statement of claim in advance.It is noted that timing and form of bringing information about the defendant’s position to the attention of the court and other participantsin the case are important. The problem of establishing the obligation to submit a response to the statement of claim should beresolved on the basis of a general approach to the legal status of the parties in civil proceedings and to the understanding of their proceduralobligations.The researcher proceeds from the fact that the provision of the obligation to submit a response to the claim and responsibility forits failure to comply with those factors that determine the value of the response of the defendant to the statement of claim for legal proceedings.