On the matter of new methodological grounds for the study of the issue of the efficiency of civil procedure

Keywords: method, methodology, general scientific methods, historical and legal method, comparative and legal method, method of generalization of judicial practice, civil procedure, civil procedural activity

Abstract

The article covers the methodological foundations of the study of the issue of the efficiency of civil procedure. As a basic statement,
the author formulates that any changes in the field of court jurisdiction should aim to qualitatively improve the procedure, to simplify,
accelerate, and optimize civil procedural form, and ultimately to increase the efficiency of its implementation.
It is noted that the formation of new methodological principles for the study of legal phenomena is the important task. The devices
and methods of study are required to be new and effective at the same time. It is obvious that the solution to this problem in the conditions
of revealing the shortcomings of the previous methodological approaches is possible only at the confluence of different systems
of scholarship, and first of all, of the latest developments of philosophical scientific thought.
It is substantiated that the system of scholarship on judicial activity in civil proceedings, formed in a long time, needs to be radically
revised and updated taking into account current trends, including the global context of the development of civil procedure. In this
regard, the methodological tools for the analysis are important. It is equally applicable to the issue of the efficiency of civil procedure.
It is argued that the general scientific methodology underlies the system of the civil procedure perception. General scientific
methods are the basis for the formation of some new reliable and reasoned knowledge. The principles, laws and categories of dialectics
are in demand in civil procedural jurisprudence, most of all, for a deeper understanding of the nature of civil procedural activity and
the correct chain of its implementation. In turn, this is necessary to determine ways to improve civil procedural legislation.
General scientific methods of study are both the method of system analysis and the activity approach. These methods allow presenting
civil procedure as a single and integral system, the interrelationships between the elements of which form its structure. In addition,
it is important to take into account the activity approach, which helps study the issue from the standpoint of civil procedure stages.
The methods of non-legal sciences are able to expand the argumentation, to justify changes in the legal regulation based on public
opinion and the needs and capacities of society and the state.

Published
2020-11-10
How to Cite
Javadov, H. (2020). On the matter of new methodological grounds for the study of the issue of the efficiency of civil procedure. Law Review of Kyiv University of Law, 1(3), 131-135. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/486
Section
The issues of civil law, commercial law, labour law and social security law of U