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The forms and methods of optimization of civil procedure
Author(s) -
Andriy Gulyk
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.2.2020.49
Subject(s) - civil procedure , legislation , legislature , enforcement , political science , law , computer science
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.

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