Procedural Provisions Research Articles

The Question of Public Participation in the Procedure for Authentic Interpretation of Laws

Authentic interpretation of laws is an interpretation of legal provisions that, due to their lack of clarity or misinterpretation in their application, is provided by the parliament. Unlike the legislative procedure, which is conducted, as a rule, in two (exceptionally three) readings, a proposal for giving an authentic interpretation is discussed in one reading. Starting from the understandings of some authors that the act of authentic interpretation of laws is contrary to the principle of democratic pluralism, and that it lacks the necessary level of democratic control and citizen participation, the author examines whether the Croatian parliamentary law enables public participation in the procedure for authentic interpretation of laws and, if so, what legal instruments can be used to implement it in parliamentary practice. To this end, the paper analyzes several relevant constitutional, legal, and procedural provisions of the Croatian parliamentary law, with reference to a parliamentary practice. Given the fact that the procedure for authentic interpretation in the Republic of Croatia, the Republic of Northern Macedonia, the Republic of Slovenia and the Republic of Serbia is regulated in a similar way by the rules of procedure of their respective parliaments, the relevant regulations of the latter three countries on the possibility of public participation in this procedure are analyzed as well. It was concluded that Croatian parliamentary law enables public participation in the procedure for authentic interpretation, through the instruments of petition, information and involvement in working groups and working bodies, and the same instruments, with certain specifics, are recognized in the parliamentary law of the latter three countries.

The Question of Pirate Trials in States Without a Crime of Piracy

Abstract Many States in the world such as China have no specific domestic laws providing for the crime of piracy, leading to the question whether these States have the competence to punish piracy as required by international law. This paper argues that the lack of a crime of piracy within a domestic legal system should not become an insurmountable obstacle for States to prosecute pirates. Prosecution of pirates without a crime of piracy is feasible in a State that has domestic criminal laws that deal with illicit activities similar to piracy by indicting perpetrators with other criminal offences. While it would be an ideal solution for that State to establish a specific crime of piracy in its domestic legal system, it is important to consider the difficulties in setting the definition of piracy and the degree of punishment appropriately, and realize that the major deficiencies in punishing pirates under other existing domestic crimes can be basically addressed within an existing domestic legal system. The main purpose of universal jurisdiction over piracy to punish criminals to the maximum extent and the changing situation of piracy also require States to always be ready to deal with piracy. Therefore, prosecuting pirates as another crime is a realistic compromise. Furthermore, for a State without a crime of piracy, it is more urgent for it to build up legal grounds for exercising universal jurisdiction over piracy and relevant procedural provisions on the exercise of extraterritorial jurisdiction over international crimes at sea.

Regulating Big Tech: From Competition Policy to Sector Regulation?

The European Commission has proposed a new regulatory tool for the governance of digital markets. The Digital Markets Act (DMA) intents to limit the market behavior of so-called gatekeeper companies to ensure contestable and fair digital markets. We review the provisions of the DMA both from a legal and from an economics perspective. Notwithstanding a number of benefits, we identify several issues with the current proposal. When looking at the core provisions of the proposal from an economic perspective, five issues of contention arise: many of the provisions seem to be quite narrow in scope and it seems difficult to extrapolate more general rules from them; the economic harm of some of the provisions is both uncertain and in principle debatable; the alleged distinction between different types of obligations cannot be verified, and, last but not least, while the DMA seeks to control existing gatekeepers, the “tipping” of markets and the rise of further gatekeepers is not guaranteed by this proposal; this in turn leads to a larger critical analysis of the gatekeeper as DMA’s norm addressee. From a legal perspective, the first hurdle is the lack of clarity pertaining to the nature and goals of the DMA, this is further compounded by procedural provisions and an enforcement regime with many uncertainties and loopholes – all of which tend to undermine the intended stringency of the regulation and its overall chances of making digital markets systemically more contestable and fairer. Thus, we think that a reform of the competition policy regime would better suit the need of regulating big tech.

Specyfika reguł przyznawania wynagrodzenia za czynności podejmowane przez kuratora spadku przed sądem administracyjnym

The curator of the estate, who is established to exercise custody of an unincorporated estate, may also institute proceedings before an administrative courts or join proceedings that are already pending. The curator of the estate retains the right to remuneration for his action. Therefore, it is important to determine the rules on the basis of which it can be granted. The law on proceedings before administrative courts can not constitute grounds for awarding of such a remuneration. In this respect, the procedural provisions on granting remuneration to the curator of the estate in proceedings before common courts are also not applicable. All in all, it is crucial to determine which provisions in the legal system may be taken into account for the correct award of remuneration to the curator of the estate for the actions taken before the administrative court.

Общие и специальные теории уголовного процесса

The relevance of the article can be determined on the basis of research on general theories of criminal procedure. The main theoretical provisions of the criminal procedure of continental Europe began to be developed in 1864, after the adoption of the Charter of the Criminal Proceedings of Russia. Theoretical developments included a conceptual approach that defined guarantees for the rights, freedoms and interests of participants in the procedure, basic principles, forms of evidence and proving, the procedure for investigative and judicial actions. The aim of the article is to reveal the theoretical content of the general theory of the procedure and to determine new special theories enshrined in the current legislation. If general theories of the procedure have been considered at the level of monographic research, special ones have remained outside the scope of studies. The novelty of the research consists in the disclosure of theoretical and practical aspects of general and special theories of criminal procedure on the basis of existing legislation and the practice of its application by criminal justice authorities and the collegiate court. The article considers the theoretical aspects of a special theory. Issues of the optimization and procedural economy of criminal procedure based on benchmark theory are related to the release of a person from criminal liability and the use of alternative measures. New legal definitions are proposed that establish a clear mechanism for procedural, investigative (search), judicial actions in establishing, securing, evaluating evidence of guilt or innocence of a person. The existing legal constructions of general theories provide an impetus for the application of special theories of criminal procedure, which are associated with solving the problems of criminal proceedings, its optimization, and procedural economy of applying criminal procedural repression. The current criminal procedural law does not fully define the concept of general and special theories of the procedure. The article proposes theoretical aspects and practical solutions to these emerging problematic issues. The basic concept of the article includes the analysis of general and special theories of criminal procedure, the determination of the provisions for its optimization and procedural economy on the basis of the unified content of criminal and procedural rules in establishing circumstances related to the closure of criminal proceedings, and the release of a person from criminal liability. Based on the analysis of the current criminal procedural legislation, the content of procedural repressions, which are determined on the basis of the procedural status of prosecution and the mechanism of their application with respect to a particular category of participants in criminal proceedings, is revealed.

NEW REGULATION OF NON-CONTENTIOUS PROCEDURES WITH AN EMPHASIS ON THE PROCEDURE OF PLACING ADULTY UNDER CUSTODY IN SLOVENIA

Due to the need to harmonize procedural rules of non-contentious procedures with the new conceptual solutions of the Family Code in the area of family relationships, the adoption of the new Non-Contentious Civil Procedure Act in Slovenia was necessary. The analysis of comparative legal examples shows that family matters need to be tackled as fully and uniformly as possible, which the non-contentious rules, with a more flexible and less formal nature, certainly enable. The article discusses the necessary procedural adjustments of the fundamental principles and general provisions of the non-contentious procedure. Arguments are based on a general overview of the German and Austrian rules, which are most comparable to the Slovenian system. In both jurisdictions, family matters are decided in a non-contentious proceeding. The author further deals with the new regulation for placing an adult under custody. Due to a mental development disorder or mental health problems, or other causes affecting the ability to make a judgement, such  adults are unable to take care of their rights and benefits without harming themselves. The legislature followed comparative examples and eliminated the double-track procedures for deprivation of legal capacity. The new regulation allows for the diversity of the extent of the inability to make independent and reasonable decisions. However, the system of custody, which is voluntary in Slovenia, remains an unresolved problem. The institution of a custodian should be systematically regulated in a particular Act that would ensure the professionalism of persons and regulate compensation for the custodial services provided. Keywords: non-contentious civil procedure, family matter, the concept of non-contentious procedure, procedure of placing adults under custody in Slovenia

Investigator’s covert-nature procedural activities

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.

Research on Civil Procedure Provisions in Illyrian Law

Research on Civil Procedure Provisions in Illyrian Law

Завданнєцентричне тлумачення кримінальних процесуальних норм як спосіб визначення цілеспрямованості та доцільності процесуальної діяльності на прикладі здійснення прокурором повноважень слідчого судді в районі проведення Операції об’єднаних сил

The purpose of this article is twofold: to give scientific reasoning for the objectives-based interpretation as a special kind of legal norms’ teleological explication and to apply it for essence, purposefulness and advisability determination of criminal procedural norm on the entitlement of a prosecutor with powers of investigation judge according to Art. 615 of Criminal Procedural Code of Ukraine and exercising them in an area (administrative territory) of enacting the measures on the provision of the national security and defence, resistance and deterrence of armed aggression. The methodological basis of the research was general scientific and special methods, namely dialectical, hermeneutic, teleological, logical, historical, formal legal (legal positivism) and natural law (value-based) methods. The dialectical method was the basis for the work; it allowed the author to consider in complex the achievement of objectives of criminal procedure by the Ukrainian legal system. The hermeneutic method was used to define the meaning of the new text of the analysed legal provision. The historical method was manifested in the attempt to discover prerequisites of amendments to the criminal procedural norm. The article has both general legal and criminal procedural, applicable in practice scientific novelty: the author provided his own method of interpretation of criminal procedural provisions, that was named the «objectives-based» method; the author proposed methodological grounds and instruments for it, which originates from the notions on the purpose of Law and human rights in general, and on the purpose of Criminal Process in particular; the author applied the objectives-based interpretation on the provision on the entitlement of a prosecutor with powers of investigation judge and exercising them in an area (administrative territory) of enacting the measures on the provision of the national security and defence, resistance and deterrence of armed aggression in order to solve legal uncertainty of its essence. As a conclusion of conducting the research, the author focuses on the beneficial effects of applying the objectives-based method of interpretation of criminal procedural provisions, its simplicity, promptness and expediency; the author comes to the conclusion that the procedure for restricting fundamental human rights and freedoms introduced in the Criminal Procedural Code of Ukraine in recent amendments may possibly be inconsistent with relevant provisions of the Constitution of Ukraine; finally, expressed in this article ideas can be used in further scientific and expert researches on the issues of legislative improvement of the criminal procedures in the extraordinary situations – on the legal regime of emergency or martial law. Keywords: objectives-based interpretation; objectives of criminal procedure; ratio legis; ratio juris; Joint Forces Operation; purposefulness of law; advisability of criminal procedure; norms implementation; International Humanitarian Law; prosecution in International Armed Conflict; restriction of rights and freedoms; constitutionality; martial law; boundaries of security zones.

Concerning the issue regarding legal nature of electronic (digital) evidence

Current developments in the area of digital technologies and, as a consequence, the emergence of new information sources cause the necessity of implementation of special provisions regarding electronic (digital) evidence in the law of criminal procedure. Nevertheless, before amending law of evidence regulations, the legal nature of such proof shall be defined. It is also necessary to comprehend how this new evidential source correlates with basic grounds of proof theory, other provisions of criminal procedure and on the whole — other branches of law.

Non-Implementation Despite Legislation: Lipsky’s Theory of Street-Level Bureaucracy and Certain Procedural Criminal Provisions of the Bengal Excise Act, 1909 and the Narcotic Drugs & Psychotropic Substances Act, 1985

Public policies are reflected in the public domain more by how laws are implemented on the ground than by what their legislative content is. The departures from legislative intent are often scripted by the non-legislative actors at the cutting edge level in public organizations and people outside of the reference frame are often at their wits’ end as to why such departures take place at all. This essay takes up two Indian laws—one provincial and the other federal—and relying upon Michael Lipsky’s theory of street level bureaucracy, seeks to explore why two critical provisions thereof remained mostly unimplemented right since their legislation. Why do the street level bureaucrats mostly intend to depart from the avowed intent? Do they really stand to gain in such a scenario of non-implementation? If so, how? These questions are discussed in an expanded way in regard to the Bengal Excise Act, 1909 and the Narcotic Drugs & Psychotropic Substances Act, 1985.

Certification as a tool for managing the organization’s development strategy

Properly constructed certification system is effective tool for implementing both HR strategy and strategy of organization as a whole. Appraisal should ensure relationship of mission, strategy, vision, values and correlate individual tasks with goals of organization. Purpose of this work was to analyze functioning system of attestation of activities of institute’s personnel, identify existing problems and find ways to solve them. Authors studied indicators of provision of enterprise with scientific personnel, qualitative composition of employees, considered indicators of composition of personnel by education, presented indicators of effectiveness of organization’s activities and proposed measures to improve personnel policy. Employee survey was conducted to assess effectiveness of existing certification system and to obtain information about attitude of employees to assessment problem. Survey was conducted on issues of job satisfaction and index of job satisfaction of organization’s employees was calculated. Analysis of currently existing methods of working with personnel is carried out. Issues on improving development of human resources were considered. Modern multi-stage approach to personnel certification procedure is proposed. Methodological provisions of procedure for attestation of managers and employees of Institute have been developed Subsequently scientific and practical recommendations developed were aimed at improving certification procedure and increasing efficiency of human resources.

PROCEDURAL STATUS OF A SPECIALIST IN CRIMINAL PROCEEDINGS WHILE TRAFFIC COLLISION INVESTIGATION

The task of law enforcement agencies while criminal offenses investigation related to violation of road safety or vehicles operation rules, that is provided for by Art. 286 of the Criminal Code of Ukraine, a complete and objective establishment of the circumstances and mechanism of a traffic collision, the collection of sufficient evidence and determination of participants’ guilt in the accident. The appropriate use of special knowledge, the latest scientific and technical means and methods for collecting, investigating and evaluating evidence largely contributes to pre-trial investigation of this criminal proceedings category. The article purpose is: 1) to consider issues relating to the procedural provisions and powers of a specialist in criminal proceedings while conducting an investigatory experimentation on traffic collision investigation; 2) define a specialist functions and tasks on using special knowledge during an investigatory experimentation; 3) analyze the aspects of interaction organization between pre-trial investigation bodies and a specialist qualified in automotive engineering during an investigatory experimentation of traffic collision circumstances. The study has shown that the use of special knowledge while traffic collision investigation helps to establish the circumstances and mechanism of the accident at the modern scientific and technical level with the involvement of qualified knowledgeable persons – specialists. The requirements for special knowledge that are used to perform the tasks of criminal proceedings are legality, scientific nature, efficiency, reliability. The main goal of attracting a knowledgeable person is to facilitate the implementation of criminal proceedings tasks. Attracting specialists to participate in the investigatory experimentation while pre-trial investigation of criminal offenses provided for by Art. 286 of the Criminal Code of Ukraine has a positive impact on the investigatory experimentation itself and the quality of the pre-trial investigation.

Problematic Procedural Issues of Preventing Criminal Offenses on Road Passenger Transport

The author has studied the state of activity of pre-trial investigation and inquiry agencies of the National Police of Ukraine and the Prosecutor’s Office on preventive activities in regard to establishing the causes and conditions that contributed to the commission of criminal offenses, including violations of traffic safety rules and operation of road passenger transport and necessary measures to eliminate them. The author has accomplished a comparative analysis of the current criminal procedural legislation and the provisions of the previous Criminal and Procedural Code of Ukraine of 1960 and the departmental regulatory base on the researched issue. The views of scholars and representatives of various scientific schools on the researched issues have been analyzed. As a result the author has formulated own scientific position on this matter. The author has studied the procedural mechanism of the algorithm of an investigator, interrogator and prosecutor’s actions on establishing the causes and conditions that contributed to the commission of a criminal offense and taking the necessary measures. Suggestions and recommendations for their legislative improvement have been provided, in particular, establishing the responsibilities of an investigator, interrogator and prosecutor in relation to preventive activities at the stage of pre-trial investigation. It has been offered to consider the submission as a form of eliminating the factors that contributed to the commission of criminal offenses.
 Based on the analysis of law enforcement activities of investigative units, inquiry agencies and prosecutor’s offices, as well as existing theoretical and doctrinal provisions of criminal procedure, the author has suggested propositions and recommendations for improving the theoretical part of criminal procedure, current criminal procedural legislation of Ukraine and interdepartmental and departmental regulatory acts.

Remedies and Sanctions for Non-Compliance with the Aspects Aiming at the Authorization and Development of Supervision and Research Special Methods

The distinction between the notion of sanction and that of remedy is very important from the perspective of the present analysis, as the idea of sanction implies, in addition to bringing the whole criminal process within lex limits and the idea of punitive, sanctioning the individual’s conduct, the last being the basis of the institution, while the notion of remedy pursues and at the same time places in the main plan the idea of safeguarding the entire procedure by trying to keep the procedural and processual activities within reasonable limits. From the perspective of the analysis of the existence and the need to implement the legislation, we can easily conclude in the regard that these methods, techniques are intrusive. Thus, in order to be able to determine the concrete content of the intrusion, we must appeal to the principles of criminal processual law. The latter principles benefit both from a framework regulation in the Fundamental Convention for the Protection of Human Rights and Fundamental Freedoms, but also from an internal regulation in the Code of Criminal Procedure, as amended by Law no. 255/2013 for the implementation of Law 135/2010 on the Code of Criminal Procedure and for amending and supplementing some normative acts that include criminal procedural provisions.

China’s Role in Global Economic Governance Revisited: Evidence from a Comparative Analysis of Chinese and Japanese BITs

Abstract A large proportion of debates about China’s impacts on global economic governance lack systematic empirical analysis. We engage the debate about if China is a revolutionary, revisionist, or status quo state through a deep dive into China’s behaviors with respect to Bilateral Investment Treaties (BITs). This research strategy is à propos because BITs represent the de facto regime governing foreign direct investment (FDI) globally, and China is the world’s second largest signatory of BITs. Drawing upon a database that we created using material on BITs available from the United Nations Conference on Trade and Development, we systematically examine the substantive and procedural provisions of China’s BITs from 2000 onward. Using a qualitative methodology discussed in-depth in our article, we also put China’s BIT practices in comparative perspective by comparing them against the BIT practices of Japan, a leading developed economy with BIT practices reflecting those of other established economies. Our multivariate analysis demonstrates China is not a revolutionary or dramatically revisionist player with respect to BITs. It champions positions that are neither hyper-conservative (state friendly) nor hyper-liberal (FDI friendly). To be more precise, China’s policies, especially with respect to substantive provisions, tend to be conservative, with, to some extent, some liberal aspects. Our analysis, then, indicates that commentators, businesspeople, and policymakers should be cautious about proffering claims that China is dramatically reshaping global economic governance. Aside from this important contribution to the debate, our work also expands knowledge about China’s BITs specifically and BITs generally, which does not reflect adequate attention to BITs from East Asian countries.

Методологічний підхід до теорії пізнання у кримінальному процесі

Стаття розглядає елементи загальних і спеціальних теорій кримінального процесу. Центральне місце в системі кримінального процесу займає теорія доказів і доказування. Теорія доказів визначила певні конструкції доказування. Перша з них побудована на підставі закону, друга - рішення слідчого судді на стадії досудового провадження. Третя конструкція передбачає встановлення доказів за погодженням сторін процесу на стадії судового провадження.
 Основою доказування є теорія пізнання, яка включає в себе визначення методів, методології, які застосовуються під час встановлення обставин кримінального правопорушення та вини підозрюваного на стадії досудового розслідування. Теоретична конструкція методологічного підходу визначення вини підозрюваного, обвинуваченого повинна бути встановлена на підставі предмету доказування.
 Слідчий, прокурор, суддя під час виконання завдань кримінального процесу повинні неупередже-но, на основі внутрішнього переконання встановити обставини кримінального правопорушення та логічно поновити всі дії, які відбувалися у минулому. Тільки підозрюваний може відповісти на запитання, відносно якого об'єкту, за яким умислом він учинив кримінальне правопорушення. Слідчий, прокурор, суддя повинні на підставі матеріального права за допомогою форми процесу та методів пізнання закріпити фактичні дані та докази, які вказують на вину підозрюваного. На стадії судового розгляду суддя, колегіальний суд повинні перевірити усі докази та визнати вину обвинуваченого.
 Доведено, що кожна наукова галузь права формулює свою методологію, яка відображає особливості об'єкта дослідження. Наукові знання вважаються достовірними і об'єктивними, оскільки припускають застосування методів, способів, дотримання низки теоретичних і практичних положень під час досудового та судового провадження. Слідчий, прокурор, суддя повинні бути впевнені, що підозрюваний, обвинувачений вчинив кримінальне правопорушення на підставі методів пізнання у кримінальному процесі.

Домашний арест в системе мер процессуального пресечения в отношении несовершеннолетних (в генезисе)

To implement the norms of international law into the practice of Russian legal system while choosing a preventive measure against an accused minor or a suspect, to decide on the most humane preventive measure is the issue of great importance. This position is reflected in Art. 423 of the Criminal Procedure Code providing the fundamental foundations of criminal procedure provisions concerning preventive measures against minors. When making a decision on restraint measures related to isolation from society, the possibility of applying an alternative, more humane preventive measure should be taken into account. The article describes the ratio of house arrest to detention. It has been justified that in the system of preventive measures house arrest should be recognized as a measure not related to isolation from society, and as a more common alternative to detention. The legislator periodically attempts to improve the procedural situation of minors involved in criminal procedure. Problems are connected with unstructured placement of norms regarding juvenile suspects and accused in the Criminal Procedure Code of the Russian Federation. Secondly, it is linked with the absence of features of house arrest of minors. All this makes the author state that despite the large-scale judicial and legal reform, the legal regulation of preventive measures against minors needs to be further improved. The subject of the study is a scientific analysis of the sources of criminal procedure legislation on the legal regulation of house arrest in the system of preventive measures against minors. The purpose of the study is to provide scientific analysis of the features of house arrest applied to minors and to form an author’s position on this issue. Research methods cover systemic analysis, structural, logical, and comparative scientific methods. The results achieved are the analysis of the system of preventive measures against minors with the identification of the specifics of house arrest, the recognition of this measure as a preventive means not related to isolation from society, and the formation of the author’s version of the norm of the Criminal Procedure Code of the Russian Federation governing this preventive step.

Особливості формування та функціонування спеціалізованих вчених рад для присудження ступенів доктора наук і доктора філософії

У статті окреслено особливості формування та функціонування спеціалізованих вчених рад для присудження здобувачам вищої освіти наукових ступенів доктора наук та доктора філософії для забезпечення потреб вищих військових навчальних закладів (науково-дослідних установ) висококваліфікованими науково-педагогічними та науковими кадрами. Обґрунтовані пропозиції щодо основних положень проєкту «Порядку присудження наукових ступенів доктора наук і доктора філософії спеціалізованими вченими радами закладів вищої освіти (наукових установ)».

The forms and methods of optimization of civil procedure

The article covers structural characteristics of optimization of civil procedure. It is noted that the study of optimization of civilprocedure determines the establishment of all essential characteristics of this phenomenon. Among them, undoubtedly, one should referto the issues of forms and methods of optimization.It is substantiated that optimization involves the novelization of civil procedural legislation or certain amendments to the rules inforce of carrying out civil procedural activities. It is possible only as a result of legislative work. This is the main form of optimizationof civil procedure.It is proved that judicial enforcement is a prerequisite of the legislative form of optimization. In this case, generalization andanalysis of judicial practice play an important role, allowing discerning the problematic aspects of law enforcement, determining themost effective ways to resolve the relevant problems and achieving the necessary unity of judicial practice.It is argued that optimization is a certain instrumentarium for assessing civil procedure, as well as possible directions for its transformation.It is emphasized that optimization should be studied both from the perspective of stages and procedural form of carrying outcivil procedural activities, and from the perspective of implementing certain norms and institutions of civil procedural law. At the sametime, the author relates the conciliation procedures and procedural periods to the general provisions of civil procedure rather than tospecial optimization methods.It is substantiated that optimization, as well as improvement of civil procedural legislation, cannot be reduced solely to simplificationand acceleration of civil procedure.The author considers optimization of civil procedure as a complex legal category. It is noted that it is right to study the procedurefor the consideration and resolution of civil cases in general or to concentrate on the narrower issues of the content of particular stagesor proceedings. Attention may also be paid to issues of the formation of adequate judicial practice in civil cases. It is important to studyany section of civil procedural activity from the perspective of optimization.The author believes that within the framework of studying optimization of civil procedure, issues of optimization of particularstages and proceedings of civil procedure can be considered. Moreover, the comprehension of the activities of subjects of civil procee -dings also needs to be carried out in the light of of its optimization and efficiency. In the same way, the analysis of the procedural meansof ensuring the realization of the task of civil procedure is possible through the study of optimization problems.