Civil Procedure Code Of Ukraine Research Articles

The prosecutor’s influence on compliance with the principle of equality of parties in civil proceedings

Despite the reform of the prosecutor’s office carried out in the period from 2014 to 2016, one of the main ideas of which was the maximum concentration of the prosecutor’s office on activities within the criminal process excluding the so-called “general supervision”, every year, the courts of Ukraine consider more and more civil cases cases initiated by the prosecutor acting in accordance with Art. 23 of the Law of Ukraine “On the Prosecutor’s Office” No. 1697-VII dated October 14, 2014.
 This circumstance definitely calls into question the effectiveness of the reform and creates the need to analyze its results. Also, it is considered appropriate to check whether the current legislation of Ukraine defines the range of interests of the state that the prosecutor’s office has the right to defend in court, whether there is no place for the prosecutor to abuse his right to represent the interests of the state in civil proceedings, as well as whether the participation of the prosecutor affects compliance with the principle equality of all participants in the civil process before the law and the court, which is one of the basic principles of civil justice, defined as part 3 of Article 2 of the Civil Procedure Code of Ukraine and Article 129 of the Basic Law of Ukraine.
 This article also publicizes the author’s position regarding the existence of a problem in the fact that the prosecutor’s office is empowered to initiate legal proceedings on virtually any issue that, to one degree or another, is of importance to the state.In addition, the main ideas and goals that were pursued and declared by the legislator during the reform of the prosecutor’s office were highlighted, judicial practice and conclusions of domestic courts, made after the reform, were analyzed, and attention was also paid to the conclusions of the European Court of Human Rights, in the context of: the expediency of empowering the prosecutor’s office powers to represent the interests of the state in civil proceedings; prevention of duplication by the prosecutor of the functions of bodies authorized to perform state functions; the need to observe the principle of equality of participants in the legal process before the law and the court, as well as paragraph 1 of Article 6 of the Convention “On the Protection of Human Rights and Fundamental Freedoms”.

Peace agreement (reconciliation) in civil and administrative jurisdiction: a comparative aspect of the study

The article is devoted to a comparative legal study of the institution of settlement agreement (conciliation) in the fields of civil procedural and administrative procedural law.
 The main purpose of the article is to highlight the significance of the settlement agreement in civil and administrative processes. Attention is drawn to the fact that when a settlement agreement is concluded and approved by the court, the parties have the right to independently choose a way out of the conflict situation, while the court is released from the obligation to review the merits of the case for which proceedings have already been opened. The value of the settlement agreement is to encourage the parties to voluntarily fulfill their obligations, thereby reducing the burden on enforcement agencies. Therefore, the right to conclude a settlement agreement in administrative and civil processes is an important procedural tool that contributes to the successful protection of the rights and interests of the participants in the process and the parties to the case, as well as relieves the court’s activity in considering court cases.
 A comparison of the normative and legal regulation of the settlement agreement by the norms of the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine is carried out. The commonality of legislative approaches in solving such issues as who can conclude a peace agreement (reconciliation) is noted; the possibility of the parties to go beyond the scope of the dispute when concluding a settlement agreement (conciliation statements); availability of a written settlement agreement (reconciliation) of the parties; the court’s duty to explain to the parties the procedural consequences of approving a settlement agreement (reconciliation); the court’s obligation to check the terms of the settlement agreement (reconciliation) before approving them; fixing the terms of the settlement agreement (reconciliation) in the court decision, which simultaneously closes the proceedings in the case; the presence in most cases of identical reservations regarding the impossibility of approving a settlement agreement (reconciliation) of the parties, etc. On the other hand, distinctive features of the normative regulation of the settlement agreement and the reconciliation of the parties in civil and administrative proceedings, respectively, are noted. Based on this, it is proposed to improve domestic legislation in the field of civil and administrative jurisdiction.

Judicial protection of civil rights and legally protected interests in Ukraine

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.

Settlement agreement in civil and economic proceedings: a comparative aspect of research

The article is devoted to a comparative legal study of the institution of a settlement agreement in the fields of civil procedural and economic procedural law.
 The significance of the settlement agreement in civil and economic processes is highlighted. It is stated that when concluding and approving a settlement agreement, the parties independently choose a way out of the conflict situation, and the court is freed from the obligation to consider the merits of the case for which proceedings have already been opened. The settlement agreement encourages the parties to voluntarily fulfill their obligations, reducing the burden on enforcement agencies. Therefore, the right to conclude a settlement agreement in civil and commercial proceedings is an important procedural tool that contributes to the successful protection of the rights and interests of the parties to the dispute, as well as relieves the court's work in considering court cases.
 A comparison of the normative and legal regulation of the settlement agreement by the norms of the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine is carried out. The purpose of the settlement agreement, the entities that have the right to conclude it, the procedure for approving the settlement agreement by the court, the caveats regarding the impossibility of concluding a settlement agreement and the procedural consequences generated by the settlement agreement are studied. The uniformity of the regulation of the specified issues by both procedural codes is noted.
 The changes related to the implementation of peace agreements are analyzed and the position of the legislator to equally solve the existing problems in this area is approved, since enforcement proceedings act as a common procedure for court cases of many court jurisdictions.
 On the other hand, the peculiarity of the regulation of the settlement agreement in economic proceedings, compared to civil proceedings, is noted. Attention is paid to the settlement agreement concluded in the bankruptcy case, which, although it is considered according to the rules of legal proceedings, nevertheless differs in its uniqueness, which affects the possibilities of closing the proceedings according to the concluded settlement agreement.
 It is concluded that the norms regulating the settlement agreement in the civil and economic process, despite minor differences, are included in the institute, which has an interdisciplinary nature. The similar nature of its legal norms requires unified management through the coordinated application of changes to the legal system by the legislator.

Peculiarities of the legal status of an interpreter in civil proceedings

The article examines the legal status of the translator as a participant in the civil process. It is noted that the study of the legal status of the translator is currently a topical issue and requires further research.
 It was analyzed that all the subjects of the civil process have different legal status and enjoy different procedural rights depending on the powers exercised by them. It is noted that the translator acts as one of the participants in the civil process and belongs to a separate group of subjects of civil procedural legal relations - "other participants in the civil process”, which guarantees citizens the protection of their violated rights through translation.
 It has been proven that the role of the translator in the process of legal translation as a subject of civil proceedings can be defined as one of the most important, since the procedural actions of the translator serve as a means of securing evidence in the civil proceedings. It was found that the participation of the translator in the civil process contributes to the implementation of the principle of equality of the parties.
 The article examines the rights and duties of the translator as a participant in the civil process and responsibility for their improper performance. The reasons for involving an interpreter in civil proceedings are analyzed.
 The practice of involving the translator as a participant in the civil process was analyzed and the problems of the translator's participation in the civil process were noted. It has been established that supplementing the norms of civil procedural legislation with provisions on improving the translator's participation in civil proceedings will improve his legal status and implement the tasks of civil justice.
 It is emphasized that the translation activity requires the translator to have translation competence, which includes special knowledge, abilities and skills necessary for the translator in certain types of translation. The list of basic competencies that a translator must have when performing translation activities in civil proceedings is defined.
 The foreign experience of the translator's participation in civil proceedings is analyzed.
 It has been investigated that such participants in the civil process as: an expert, an expert on legal issues, a translator, a specialist are persons participating in the legal process and are specialists endowed with special knowledge. It is proposed to make additions to the provisions of the Civil Procedure Code of Ukraine regarding the separation of the specified specialists into a separate group - "participants in the civil process endowed with special knowledge.”
 Conclusions were made regarding the need to improve the legal status of the translator in civil proceedings.

Decisions of international commercial arbitration as an object of review by a court of civil jurisdiction

The article is devoted to the analysis of the content and features of the international commercial arbitration decision. Attention is focused on the specified procedural document as the object of review by the judicial authority. At the same time, the relevance of the chosen topic for coverage in the scientific article is determined based on the data of judicial statistics and the importance of acquiring the finality by the decisions of the international commercial arbitration. From this point of view, the author analyzes the procedure of acquiring legal force and finality both of the decisions of the international commercial arbitration and of the judicial act of the appellate instance, which is adopted based on the results of the review of the arbitration decision.
 Given the properties of the court decision, the work draws attention to the enforceability of the international commercial arbitration decision and other signs, the presence of which indicates the legal force and binding nature of the specified procedural document. In addition, a question is raised about the possibility of supplementing the objects of review by a court of civil jurisdiction of additional procedural documents of international commercial arbitration. In connection with this, the subject of consideration in the work is the types of decisions of international commercial arbitration and the requirements that such acts must meet. The review of the decisions of the specified arbitration by the court of appeal of civil jurisdiction is differentiated from the activity of the latter to review the decisions of the local court in the appellate procedure according to the rules of the Civil Procedure Code of Ukraine. Attention is drawn to the complete lack of level arrangement when applying to a judicial authority with a appeal to cancel an international commercial arbitration decision.
 The conclusions note the need to improve the civil procedural legislation and international commercial arbitration in relation to the optimization of the objects of review of acts of the specified body. Along with this, the author does not support the proposal expressed in the scientific literature regarding the change of court jurisdiction for reviewing the decision of international commercial arbitration.

Consideration of family cases by the court according to the rules of simplified litigation: a review of judicial practice and trends of change

The article is devoted to the peculiarities of the implementation of the right to apply to the court for the protection of family rights and interests of each participant in family relations.National procedural legislation determines that the right to judicial protection of family rights is realized by applying to court and administering justice according to the rules of civil procedure in legal proceedings (general or simplified legal proceedings), in injunctive and separate proceedings. At the same time, the authors draw attention to the legislative possibility to resolve identical family disputes both in the order of legal proceedings and injunctive proceedings. Legislators of EU member states regulate the issue of consideration of family disputes in civil proceedings in various ways: with the possibility of applying a simplified procedure; creation of specialized courts that consider family disputes; consideration of family disputes only according to the ordinary procedure.In particular, the legislator’s classification of cases concerning the collection of alimony, its increase, the payment of additional expenses for the child, the collection of a penalty (penalty) for late payment of alimony, the indexation of alimony, the change in the method of its collection, if such requirements are not related to establishing or disputing paternity, is ambiguous. (maternity) to the category of insignificant. After all, such disputes are of great importance both for the parties (who are trying to protect personal rights related to paternity/maternity) and the court (for which each case is unique and requires careful research). It is the court that is entrusted with the duty of determining the procedure for consideration of family disputes, which actively applies discretionary powers within the framework of simplified legal proceedings, despite the requests of the parties and their desire to use as many means of protection as possible.Quick resolution of family disputes by the court is often necessary to effectively ensure the rights and freedoms of the participants in family relations. However, it is necessary to guarantee the real observance of the basic principles of the judiciary for the resolution of relevant disputes and to minimize the presence of evaluation categories in the Civil Procedure Code of Ukraine regarding the consideration of family cases

Compensation for moral damage caused as a result of illegal dismissal to an employee

The employee is always the weaker party in labor relations, because it is the owner who determines the nature, regime and conditions of work, wages, the procedure for calculating fees and penalties. Taking into account the above, the Basic Law of Ukraine guarantees protection against illegal dismissal to all workers. In the case of abuse on the part of the owner, the employee, among other things, has the right to demand compensation for moral damage in the case when illegal dismissal led to his (her) suffering. The purpose of our article is to determine the specifics of compensation for moral damage, caused under the specified circumstances. In the course of the research, the conditions, under which moral damage at dismissal is deemed to have been caused by, were clarified. The grounds for the establishment of labor relations, which are an employment agreement, a contract as a specific form of an employment agreement, and a civil law contract, were defined. It is proved, that the fact of being in an employment relationship can be established extra judicially (by conducting negotiations with the employer or sending appeals simultaneously to the territorial bodies of the State Labor Service of Ukraine and the State Tax Service of Ukraine) or in court (on the basis of Article 315 of the Code of Civil Procedure Code of Ukraine). It is established, that moral suffering of the person, who was illegally dismissed, can be manifested in the victim's negative mental states (stress, depression, anxiety), which are reflected in his (her) consciousness. It is substantiated, that Ukrainian legislation does not directly list actions causing employee’s suffering; however, the Labor Code of Ukraine does not contain any restrictions or exclusions for compensation for moral damage in case of violation of the latter's labor rights. It is stated, that a three-month time limit applies to claims for moral damages in cases, provided for by labor legislation. However, in the case of exceeding it for valid reasons, the district, district in the city, city or city and district court may reinstate it

Some aspects of providing psychiatric aid for a person in compulsory order according to the civil procedural legislation of Ukraine

The article examines some aspects of providing psychiatric aid for a person in compulsory order according to the civil procedural legislation of Ukraine. In particular, the current legal norms, which regulate the procedure for conducting a psychiatric examination, providing outpatient psychiatric care, and hospitalization in a psychiatric care facility in the event that a person does not gives his informed consent to this, are analyzed.An analysis of the proposed legislative initiatives in this direction was also carried out, based on the relevance of the issue of ensuring the rights of persons with signs of a mental disorders.
 It has been established that providing psychiatric aid for a person in compulsory orderpredictedto a person in compliance with the Law of Ukraine «On Psychiatric Care» and in accordance with the provisions of the Civil Procedure Code of Ukraine. At the same time, consideringto certain imperfections, some of it’s norms need to be updated, which is due to the need to respect the rights of the individual, the patient, as well as the presumption of mental health.
 The legislative initiatives considered in the article regarding to the optimization of civil procedural legislation, which provide for the expansion of the list of subjects of appeals to the court with an application for compulsory psychiatric examination of a person, are fully justified and expedient. However, the provisions regarding the capabilityof an opportunity to carry out a preliminary assessment of a person's mental state by a doctor with any medical specialty, as well as the extension of the deadline for considering an application for a compulsory psychiatric examination of a person, which excludes the urgency of providing psychiatric aid for a personwithouthis informed consent, are debatable.
 The legislators took into account certain problematic aspects that arise in the course of civil proceedings during the consideration of the specified category of cases, however, it would be expedient to provide into the norms of the current legislation effective mechanisms for observing the confidentiality and safety of persons with signs of a mental disorder, as well as to establish the right of a person who is providedcompulsory psychiatric care (or its representative) to refuse such care.

Specificity of judicial discretion in the administrative-jurisdictional process

The article examines the specifics of judicial discretion in the administrative-jurisdictional process based on a complex systematic analysis from the standpoint of the modern understanding of administrative law with the use of general scientific and special methods of learning legal phenomena. Current administrative legislation distinguishes the administrative process in the resolution of administrative disputes, in proceedings in cases of administrative offenses and disciplinary proceedings, in the implementation of positive administrative procedures of a permit, registration and other nature. The administrative-jurisdictional process considered in a broad and narrow sense. Administrative-jurisdictional activity is social relations regulated by the norms of administrative-procedural law that arise within the scope of resolving a legal dispute (conflict) during the consideration of a case on an administrative offense, disputes of a public legal nature between individuals and legal entities and public authorities regarding the consideration citizens’ complaints, disciplinary proceedings, proceedings in connection with the application of measures of administrative coercion, in particular administrative warning and administrative termination. With regard to proceedings in the administrative-jurisdictional process, judicial discretion is the right and duty of the judge to freely choose one of several decisions regarding a specific case enshrined in the provisions of the Code of Administrative Procedure of Ukraine, the Economic Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, based on worldview, professional experience and conviction, which is carried out in a procedural form for the benefit of the person, society and the state. In administrative-jurisdictional proceedings, discretion is exercised based on material norms, which act as a means of forming the legal basis for the actual occurrence of judicial discretion; consolidation of judicial discretion in normative acts; direct exercise of judicial discretion; implemented through procedural norms aimed at identifying the relationship protected by administrative and legal norms.

ON CERTAIN ISSUES OF ANALOGICAL LEGAL REASONING IN CIVIL PROCEEDINGS IN UKRAINE

The article is devoted to the application of the analogy of the law in civil proceedings in Ukraine. It has been found that despite the lack of legislative enshrinement of the procedural analogy in the Civil Procedure Code of Ukraine, its application is consistent with the legal opinion of the Grand Chamber of the Supreme Court and is therefore legitimate. The court of cassation instance has already formed the practice of applying procedural analogy, in particular in matters of judicial control over the execution of court decisions and restoration of lost proceedings. An analysis of potential cases of the need to apply the analogy of the law in the Civil Procedure Code of Ukraine was carried out, and recommendations were formulated for the application of certain civil procedural norms by analogy of the law. The grounds for applying the analogy of the law and the subsidiary application of legal norms are delineated; it is established that if the law provides for subsidiary application (for example, the rules on simplified claim proceedings - to the appeal proceedings), then it has priority over the analogy of the law. It is justified that in those cases where it is possible to apply a systematic interpretation of legal norms, there is no gap, and the application of analogy in such a case is impossible. The exceptional nature of the application by analogy of the norms of other branches of procedural law has been proven - only in the case of impossibility of the application by analogy of the norms that regulate civil proceedings. Thus, it is appropriate to apply the norm of Part 3 of Article 415 of the Criminal Procedure Code of Ukraine regarding the binding nature of the conclusions of the appellate court after the annulment of the verdict in the part of the civil claim and the appointment of reconsideration of the civil claim in accordance with the Civil Procedure Code of Ukraine. At the same time, the application of norms from other procedural branches should not introduce into civil proceedings those institutions, principles and procedures that are not characteristic of it. It has been established that it is impossible to expand the range of procedural obligations of the participants in cases and to expand the list of grounds for the application of procedural coercion measures in the manner of applying the analogy of the law. The need for legislative power to respond to gaps in the civil procedural law revealed by law enforcement practice is substantiated; the necessity of enshrining the procedural analogy in the text of the Civil Procedure Code of Ukraine, as well as the grounds and limits of its application, is motivated.

Legal aid in court of first instance in civil process

In the scientific article study of issues of legal aid in the court of first instance in civil proceedings. The author of this scientific work notes that since the beginning of the third decade of the 21st century in Ukraine, significantly complicated opportunities activities of lawyers who are able to provide a special type of legal aid (professional juristic) interested persons in cases that are considered in civil proceedings.
 The work of lawyers in civil proceedings became very difficult through constant novelty in currently legislation (including national civil procedural).
 In this scientific article, the author believes that considering the circumstances that Ukraine received the status candidate in the European Union is also a major challenge about the need for improvement a number of legislative acts which are related activities of lawyers in courts of the 1st instance in civil proceedings.
 The author of this article thinks that need a solution to the problem of improvement provisions regarding the lawyer's request and its examination by the court at the level of the Civil Procedure Code of Ukraine.
 In this regard, the author propose to the Civil Procedure Code of Ukraine add a new article 951.
 It is emphasized, activity of a lawyer in civil proceedings who provides a special type of legal aid (professional legal aid) is what helps not only for clients, and for justice and civil proceedings.
 In this scientific work is described of special importance legal aid in civil process in courts of first instance. This instance of civil proceedings is primary and on it the applicant is trying protect rights for the first time.
 The author of this scientific article believes that in 2022 year legal aid in civil cases which are considered in courts of first instance got special importance. This is due to many factors.

The genesis of electronic messages as evidence in civil proceedings

The article is devoted to the question of the genesis of electronic messages as evidence in civil proceedings, in particular, the historical and legal analysis of the introduction of electronic correspondence in the territory of Ukraine and their legal evolution from a means of communication to an independent means of proof.
 The article analyzes the concept of "electronic communication", a component of which is electronic correspondence. The main approaches to the interpretation of the concept of "electronic message" in regulatory and legal acts and scientific and technical literature were studied, the analysis of the distinction between the generalized concept of "electronic message" and "text, multimedia and voice messages", which is enshrined in the Civil Procedure Code of Ukraine, was carried out. The main features of an electronic message are highlighted: it contains information (certain information and/or data), has an electronic (digital) form, is transmitted using technical means of communication.
        The stages of the scientific and technical evolution of the Internet and mobile communications as the main channels of electronic communication are studied, and the statistics of their distribution in the world and Ukraine are given. The historical prerequisites for the emergence and development of the main environments for the functioning of electronic messages are characterized: sms-messages, e-mail, social networks and messengers.
 The evolution of scientific and legal positions regarding the use of electronic correspondence as an evidential basis in civil proceedings from the moment of its emergence as a method of communication to its legal consolidation as a means of proof was studied, in particular, the stages of adaptation of the legal framework and judicial practice in Ukraine were characterized.
 The current state and problems of using electronic messages as evidence in civil proceedings are characterized. The problematic aspect of using an electronic signature for recording electronic messages and the corresponding distinction between "electronic message" and "electronic document" were studied. The modern trends of changing the judicial paradigm to the principle of self-identification of the author, the presumption of integrity (authenticity) of the evidence, the use of the "letter in response" doctrine and the increase in the legal and evidentiary value of metadata, which will improve the dynamics of using electronic messages as evidence in civil proceedings, have been recorded.

Institute of the inadmissibility of abuse of procedural rights in civil proceedings through the prism of the practice of the European Court of Human Rights.

The scientific work is devoted to analysis of national law doctrine and legal support of countermeasures against the abuse of procedural rights through the prism of the ECtHR's practice.
 The relevance of the scientific work is determined by many factors: 1) European integration processes in Ukraine, which exacerbate the problem of ensuring effective justice without unnecessary delays; 2) the obligation of Ukraine under the European Convention on Human Rights; 3) a large number of Ukrainian citizens' applications to the ECtHR against Ukraine regarding its violation of the right to a fair trial; 4) cases of abuse of one's procedural rights in forms not provided for in civil procedural legislation and court practice; 5) the need to use the practice of the ECtHR in civil proceedings as an official source of law etc.
 The author drew attention to the need to conduct a study of the problem of  inadmissibility of the abuse of procedural rights, based on the analysis of the relevant practice of the ECtHR in this aspect.
 The author researched doctrinal approaches to understanding the concept of abuse of procedural rights, identified the most meaningful and apt definition among them, and proposed own definition of this concept.
 The author analyzed the forms of abuse of procedural rights, provided for in Article 44 of the Civil Procedure Code of Ukraine, at the same time giving the precedents of the ECtHR, in which the issue of the existence of a certain form was considered.
 The author drew attention to the lack of ECHR's practice about the problem of manipulation with the court's  automated distribution system and the conclusion of a settlement agreement to the detriment of others. At the same time the author listed the ECHR's precedents regarding the ways of abusing procedural rights that are not provided for in Article 44 of the Civil Procedure Code of Ukraine. There were determined the key problems of the functioning of the institute for combating the abuse of procedural rights in civil proceedings and the ways to solve them, found through the prism of the ECHR's practice.

РОЗГЛЯД СУДОМ СПРАВ ПРО ОБМЕЖЕННЯ ФІЗИЧНОЇ ОСОБИ У ВІДВІДУВАННІ ГРАЛЬНИХ ЗАКЛАДІВ ТА УЧАСТІ В АЗАРТНИХ ІГРАХ

The article is devoted to the study of the court’s consideration of cases on the restriction of physical persons in visiting gambling establishments and participating in gambling. It is noted that cases of this category are considered by local general courts at the player’s place of residence in separate proceedings according to the rules of civil procedure in accordance with Chapter 2-1 of Chapter VI of the Civil Procedure Code of Ukraine. It is substantiated that it is now possible to stop a person’s unreasonable exercise of the right to participate in a gambling game by entering information about the player in the Register of persons who are restricted from accessing gambling establishments and/or participating in gambling games on the basis of a relevant court decision without limiting their civil capacity. It was concluded that the circumstances provided for in clauses 2-5 of Art. 300-3 of the Civil Procedure Code of Ukraine, by themselves and without substantiating the need to impose a restriction on an individual in the form of a ban on visiting gambling establishments and participating in gambling, cannot be the basis for a court decision to satisfy the applicant’s requirements. It is argued that the grounds for banning a natural person from being a visitor to a gambling establishment and a participant in a gambling game are circumstances that indicate that the player, as a result of visiting gambling establishments or participating in gambling, has put himself or his family in a difficult financial situation. It is substantiated that only family members of the player can be applicants in the studied category of cases. It is noted that in Part 1 of Art. 300-5 of the Code of Civil Procedure of Ukraine should establish the provision that the court determines the period of restriction of an individual from visiting gambling establishments and participating in gambling within the period established by the Law of Ukraine “On State Regulation of Activities Regarding the Organization and Conduct of Gambling Games” dated 07.14.2020 No. 768-IX. The groundlessness of the proposals regarding the need for legislative regulation of the procedure for renewing the period of restriction of a person visiting gambling establishments and participating in gambling with the indication of the period during which such an application can be submitted and the definition of the circle of persons who have the right to submit such an application is indicated. It is proposed to introduce changes and additions to the Civil Procedure Code of Ukraine in order to improve the legal regulation of judicial review of cases on the restriction of physical persons from visiting gambling establishments and participating in gambling.

Abuse of procedural rights by participants in civil proceedings

The article is devoted to the abuse of procedural rights by participants in civil proceedings, which is a full-fledged offense, resulting in complicated access to justice and delaying the process. The article is devoted to the abuse of procedural rights by participants in civil proceedings, which is a full-fledged offense, resulting in complicated access to justice and delaying the process. The problem of abuse of procedural rights has been and remains quite relevant for the national science and practice, because the correct and timely consideration and resolution of civil cases in conditions of procedural bad faith becomes an extremely difficult task. The Civil Procedure Code of Ukraine in the new edition for the first time among the basic principles of civil proceedings enshrined the provision on the inadmissibility of abuse of procedural rights, defined the actions of persons that can be qualified as abuse, and also provided a mechanism for combating such a negative phenomenon. Abuse of procedural rights is a rather subjective and evaluative concept. At the same time, it should be emphasized that the abuse of the right should be considered as a procedural offense only if a causal link between the abuse and the harm caused (establishment of certain risks) to another party to the case is established. The introduced innovations are quite appropriate, but they are not free from shortcomings, given the inclusion of the most common situations of abuse of civil procedural rights and at the same time ignoring more complex ways of abuse (implicit abuse (for example, abuse of judge's recusal or filing several different in content/subject claims regarding the same legal relationship), as well as the fact that judges currently do not apply the articles sufficiently. The author concludes that enshrining the prohibition of abuse of procedural rights in the civil procedural legislation is a significant step towards improving the efficiency of civil procedure. At the same time, attention should be paid to the certainty and characterization of actions which may be qualified as abuse of procedural rights, with a view to their compliance with national and international legislation, as well as to the uniform interpretation of the rules in law enforcement practice.

The problems of legal regulation of the prosecutor's participation in the civil process

The article studies actual problems of legal regulation of prosecutor’s participation in civil procedure, analyses court practice of national courts and European Court of Human Rights. The author points out at the collisions of current legislation of Ukraine regarding legal regulation of prosecutor’s participation in court procedure. The article analyses special decisions of European Court of Human Rights in the context of prosecutor’s protection of  person’s interests providing civil proceedings and necessity to follow the principle of equality of all participants in the trial and ensuring  fair consideration and resolution of civil cases. In the article a special attention is paid to issues of ensuring of procedural balance of equality of all participants in the trial according to the provisions of Civil Procedure Code Of Ukraine taking into consideration that participants have no right to declare recusal of the prosecutor, insufficient level of knowledge in the sphere of law in comparison with prosecutor and extended amount of prosecutor’s possibilities concerning collection and providing evidences to the court in civil cases, and issue of enforcement  of separate court ruling in the case of improper performance of professional obligations or other violation of the law by prosecutor. The author emphasizes that legally defined list of persons, whose interests can be protected in civil procedure by prosecutor doesn’t contain adult capable persons who may require such defense due to old age or disability. The author studies conflicts between provisions of the Law of Ukraine on the Public Prosecutor’s Office and Civil Procedure Code of Ukraine regarding intervention in a case, in which the proceedings have been initiated upon a claim of another person. The author comes to conclusion about expediency of legal universalization and harmonization, consideration of European lawmaking and court institute’s recommendations and consequently amendments to current provisions of the Law of Ukraine on the Public Prosecutor’s Office and Civil Procedure Code of Ukraine in order to facilitate enforcement of compliance with the principles of civil proceedings - equality of all participants in the trial under the law and before the court, adversarial character of the parties and supporting of fair consideration of civil cases with the participation of prosecutor.

Revision of court decisions based on newly discovered circumstances in civil proceedings in the practice of the Supreme Court

The article deals with the institute of review of judicial decisions under newly discovered circumstances in the practice of the Supreme Court. The review of judicial decisions on newly discovered circumstances must comply with the international standards of fair trial enshrined in para 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights, according to which the specified type of review is characterized as extraordinary and should comply the principle of res judicata.
 The practice of the Civil Court of Cassation and the Grand Chamber of the Supreme Court raises a number of problematic issues related to the application of the updated provisions of the civil procedure legislation concerning the review of judgments on newly discovered circumstances following the amendments to the Civil Procedure Code of Ukraine in 2017. Such problematic issues include peculiarities of interpretation of the notion of newly discovered circumstances, persons, entitled to apply to a court with an application for revision of court decisions under newly discovered circumstances, determination of an appropriate court, where an application should be filed, court powers based on the results of consideration of relevant applications and peculiarities of their consideration. The author concludes that it is necessary to expand the interpretation of the concept of the ‘participants of the case’ as the persons, who can filed an application to the court for revision of judicial decisions on newly discovered circumstances. Besides, the legal problem connected with different interpretation of powers of the court of cassation on reconsideration of judicial decisions in the mentioned category of cases, arisen in practice of the Civil Court of Cassation and the Economic Court of Cassation within the structure of the Supreme Court, was analyzed. The author's position is that the Civil Court of Cassation is not entitled to consider the application on review of court decisions on the newly discovered circumstances on the merits as a result of the retrial of the judgment of the lower courts, because only the court, which delivered the first judgment is empowered to do so.

ЗАВДАННЯ ТА ПРАВОВІ ПІДСТАВИ УЧАСТІ ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ У ЦИВІЛЬНОМУ ПРОЦЕСІ В ІНТЕРЕСАХ ІНШИХ ОСІБ

Pursuant to part 1, article 56 of the Civil Procedure Code of Ukraine (CPC), when submitting written proof supporting the existence of substantiating reasons that make it impossible for individual appeals of interested parties to the courts, it is reasonable to apply this provision to the cases in which the participation of a local self-government is optional. Such persons have an official interest, and their participation in the case facilitates to protect the rights and legitimate interests of the minors and disabled participants of civil proceedings. Local self-government bodies may apply to the court in the interests of other persons or enter into the initiated proceedings by themselves or at the request of the court. In addition, such subjects are able to provide conclusions in the exercise of their powers. Taking into consideration the expediency of barring the participation of the local self-government in the case of legal succession or the substitution of an inadequate respondent and the inadmissibility of the participants causing turmoil as to the outcome of the case in their absence, it is suggested to introduce a new edition of part 1, article 56 of the CPC as follows: «The authorities and other persons, who pursuant to article 56 of this Code, applied to the court in the interests of others, have procedural rights and responsibilities of the person on behalf of whom they are acting, with the exception of concluding a settlement agreement; settling the dispute with the participation of a judge; as well as soliciting a motion to further case consideration in their absence.» In order to legally establish the location of the local self-government authority which is to be relevant to the case in question, if the location of the place where the case is being considered differs from the location of the residence of the person in whose interest it is tried, the following third sentence is to be added to part 6, article 56 of the CPC: «The conclusion of the case is declared by the government authorities or local self-government authority of the permanent residence of the complainant or on the place where the object is located to which the conclusion applies.» The extent to which the information given by the local self-government authorities is not a source of proof, the court evaluates the situation accordingly. Taking into consideration that the conclusion drawn by the local self-government authority is broader in context than other methods of substantiation as described in part 2, article 76 of the CPC so far as testimonies of witnesses or written depositions do not take into account a legal assessment of the circumstances of the case, the author supports such legal position and considers it unnecessary to include the conclusions of the local self-government authority as evidence.

Features of determining the territorial jurisdiction of court cases under martial law

The article is devoted to the peculiarities of determining the territorial jurisdiction of martial law, because on February 24, 2022 the Law of Ukraine “On Approval of the Decree of the President of Ukraine” On martial law in Ukraine “in connection with the military aggression of the Russian Federation against Ukraine was imposed martial law, which continues today. The issues of determining the territorial jurisdiction of court cases were covered in the works of G. Shershenevich, I. Pobirchenko, V. Shcherbina, V. Belyanevich, D. Prityka, V. Chernadchuk, M. Smokovich, V. Sukhonos, V. Nagrebelny, O. Kharitonova, I. Balyuk, but in the context of martial law, they acquired a new meaning. The purpose of the article is to highlight the peculiarities of determining the territorial jurisdiction of court cases under martial law. Research methods: the following methods are applied. Formal-logical – for the formation of new concepts, their classification; eliminating inaccuracies and contradictions, etc. Formal dogmatic, or legal method, based on the use of rules of formal logic for knowledge of law, is a traditional, inherent in legal science, since it proceeds from its nature. Its essence is in the formulation and disclosure of legal concepts, the construction of legal structures, and clarification of the actual content of the law. At all stages of scientific research the dialectical method is used. This method determines the paths of any scientific study. It helps to explore all the phenomena in the relationship, interdependence. Comparative method involves comparing single-order legal concepts, phenomena and processes to establish similarities and account for differences between them. The article analyzes the provisions of current legislation, the main scientific approaches to defining the concept of jurisdiction of court cases, as well as case law in this area. In addition, bills №7315 on amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” on martial law or state of emergency and №7316 on amendments to the Code of Administrative Procedure of Ukraine, the Civil Procedure Code of Ukraine and the Commercial Procedure Code of Ukraine are considered (concerning the administration of justice in a state of war or emergency). As a result, it is concluded that digitalization issues related to determining the territorial jurisdiction of martial law are relevant and practical, as they promote the implementation and protection of citizens’ rights and establish effective mechanisms for wartime justice. Because the courts are objects of critical infrastructure, and therefore the implementation of justice in our country does not stop and the right of citizens to judicial protection can not be limited. Key words: court proceedings, territorial jurisdiction, martial law