The purposes of preparatory proceedings in civil proceedings

Keywords: purposes of civil proceedings, objectives and purposes of preparatory proceedings, judicial procedures, procedural systems for settling legal disputes, fair trial

Abstract

The article is the analysis of the purposes of preparatory proceedings in civil proceedings. It is noted that the correct definition
of the purposes of preparatory proceedings contributes to the proper legislative formalization of this stage of the civil proceedings, to
the clear enshrinement of rights and obligations of the court and of the participants to the proceedings, to the systematic structuring of
the Civil Procedural Code of Ukraine. It is substantiated that the purposes of the preparatory proceedings are in close relationship with
the general purposes of civil proceedings.
The main procedural systems for settling legal disputes are analyzed. It is proved that Anglo-Saxon and Romano-Germanic systems
serve as development benchmarks for each other, embodying and borrowing the characteristics of the civil proceedings which can
increase the efficiency of procedural activities and achieve fair results. The authors emphasize that there is no longer and will not be a
decisive division of the civil procedural form into exclusively adversarial or investigative. Understanding the nature of judicial procedures
will probably lead to the fact that the problems of searching for the identity of the civil proceedings will come to the fore.

For domestic legal doctrine and practice, the problem of the purposes of civil proceedings is also not lacking in reason and practical
meaning. Understanding the protection of law as the purpose of civil proceedings has been generally peculiar to civil procedural
doctrine.
It is noted that it is necessary to focus on judicial procedure and the result of the procedural activities reflected in the judgment.
The way to a fair trial and accordingly, to the judgment execution is through due judicial procedure.
It is substantiated that the conciliatory function is also inherent in civil proceedings. Increasingly, the practice of lawmaking in
developed countries follows the path of empowering the court or other persons to assist the parties in resolving a dispute. Therefore,
the legislative provisions on the purposes of civil proceedings should be supplemented by a statement that in civil proceedings, in the
settlement of a dispute, assistance shall be provided on the conditions reached by the parties.
Actions of a preparatory legal nature are the basis for preparatory proceedings. In the context of our study, first of all, they are
actions related to the possibility of settling a dispute, determining the subjects and providing an appropriate body of evidence in the
case. These are three main directions in which the preparation of the case for the trial should be carried out.

Published
2020-11-10
How to Cite
Kurylo, M., & Shapoval, M. (2020). The purposes of preparatory proceedings in civil proceedings. Law Review of Kyiv University of Law, 1(3), 141-146. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/488
Section
The issues of civil law, commercial law, labour law and social security law of U