Open AccessPrerequisites for the formation of the concept of the rule of law in civil proceedings: historical and legal context
Author(s) -
Oksana Sopianenko
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.69.28
Subject(s) - law , political science , civil law (civil law) , civil procedure , statute , civil code , economic justice , legislation , rule of law , public law , politics
The article considers the historical preconditions for the formation and development of the concept of the rule of law in civil proceedings. It is determined that the implementation of civil procedural activities is due to the special importance of the right to a fair trial as an eternal value of any legal and democratic state. However, civil litigation as a system of consideration and resolution of legal disputes in its continuous development has gone from the oldest procedures of protection of law, repeated attempts to regulate certain rules of litigation to large-scale codifications of legislation, which determined at different stages and in different countries process and its main elements. Thus, reforms in the field of civil justice have always been associated with the search for and approval of new fundamental ideas, paradigms for the administration of justice in cases.
This study considered the formation of forms of consideration and resolution of civil cases during the Kyiv Rus, during the stay of Ukrainian lands in Poland and the Grand Duchy of Lithuania, the Hetmanate, the period of Russian autocracy and legislation in the Left Bank Ukraine, the influence of Austrian law in Western Ukraine. Soviet period, as well as the current stage of development of justice in civil are also discovered. Normative legal acts are analysed, in particular, Rus Pravda, Statutes of the Grand Duchy of Lithuania, Decisive Points, "Rights of the Little Russian People", "Summary of Trials or Litigation", "On Forms of Court", Statute of Civil Procedure of 1864 , Austrian Civil Procedure Code of 1895; CPC of the USSR in 1924, CPC of the USSR in 1929 and 1963.
Specific attention is paid to the Concept of Improving the Judiciary to Establish a Fair Court in Ukraine in Accordance with European Standards in 2006 and the Strategy for the Development of the Justice and Constitutional Judiciary for 2021-2023, which sets priorities for improving the judiciary, as well as the implementation of urgent measures to ensure positive changes in the functioning of relevant legal institutions.
The list of measures that need to be taken to eliminate defects and thus increase the efficiency of civil proceedings is identified. In particular, the real guarantee of the rule of law, and ultimately, the fairness of the trial and resolution of civil cases.