The principle of expediency in civil proceedings of Ukraine

Abstract

Problem setting and relevance of the research topic. For a long time theconcept of strict legalism prevailed in the science of civil procedure, which wasreflected in the requirement of exact (strict) and steady execution (enforcement) oflaws by all the authorities and government officials managing the process, as well asby all other participants. The development of society and state sets the science newtasks, and one of them is the concept of equitable law of appropriate and reasonableapplication of the law that provides effective protection of interests of citizens,society and state. Achievement of these objectives promotes the research andintroduction of the category of expediency in civil proceedings, which manifests inthe consideration of specific conditions of use of a legal act (its goals, objectives) inselecting the most optimal variant of solving a legal issue on the basis ofcircumstances of a particular case. Also, there is a reason to believe that therequirements of expediency may serve as a principle of civil procedural law.Recent research and publications analysis. There is no research of theprinciple of expediency in the science of civil procedural law. The said principle wasexamined fragmentarily in scientific publications only in relation to specificinstitutions of the civil process: panel hearing of cases, process of proving, etc. Someaspects of the principle of expediency were the subject of study during theconsideration of law enforcement issues in the general theory of law and issues ofjudicial discretion in proceedings.Paper objective. The objective of this paper is to study the principle ofexpediency in civil proceedings in Ukraine; the definition of this principle,admissible limits of its application and forms of its implementation.Paper main body. The author’s understanding of the principle of expediencyin civil proceedings is substantiated. A difference between the principle ofexpediency and similar concepts is shown.The author proves that: (1) the objective of use of the principle of expediencyis a compromise between the general procedural requirements of the law and specificcircumstances of the case for the achievement of a just court decision; (2) participantsof civil proceedings must relate their actions to the purposes of civil law models ofthe behavior of participants, rights, freedoms and legitimate interests of others, aswell as the society and state; (3) the correct application of expediency provides forthe consolidation of a system of guarantees in the law, which limits the abuse ofdiscretion and corrupt practices.Conclusions of the research. The author’s definition of the principle ofexpediency is proposed as a possibility provided by law to choose the most optimalform and method for resolving civil disputes from those provided for by law for thisparticular case, for the protection of violated, unrecognized or disputed rights,freedoms and interests of individuals, rights and interests of legal entities andinterests of the state.Legislative consolidation and correct application of the principle of expediencyin civil proceedings in Ukraine: (1) reflects the current strategy of the national civilprocedural policies; (2) creates the conditions for a fair and effective application ofthe law; (3) minimizes violations of the procedural law or its slow interpretation; (4)allows to accelerate the proceedings of the case and ensures compliance withreasonable periods for the consideration and resolution of civil cases; (5) optimizescosts and expenses.