简化索赔程序:乌克兰经济程序法典的立法规定

O. Svitlychnyi, Vladyslav Sulim
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引用次数: 0

摘要

在建设一个法治国家的过程中,一个关键标准是建立一个诚实、透明和有效的司法体系。根本需要彻底改变司法制度和改革其个别机构是时间的要求。乌克兰司法和法律改革的主要目的应该是为建立一个独立、有效和负责任的、将受到社会信任的司法机构创造立法和组织条件。在研究过程中,采用了分析和综合的方法作为方法学基础,从而确定了简化程序的主要类型、特点和法律性质。运用历史的方法,考察了简化司法程序的产生和发展。根据辨证法,提出了“简化司法程序”、“令状程序”和“简化请求权程序”等概念。采用形式逻辑方法确定了新的《乌克兰经济程序法》下简化司法程序的法律规定和程序规定中的缺点。理论和预测方法被用来制定和概述在简化诉讼程序中审议案件的框架内对乌克兰立法进行修改的主要途径。简化司法程序的合格特点是:特别程序表格、利益攸关方自愿申请、特别准予标准、适用证据的特别制度和审查法院判决的特别程序。考虑到简化司法程序的法律性质,简化司法程序应只包括令状和简化的索赔程序。因此,令状诉讼是经济程序中简化司法程序的一种特殊形式,其关键在于持续保护一个人的无可争议的权利、自由和合法利益,而这种保护是在发出适当的法院命令的基础上发生的。简化索赔程序是经济诉讼框架内简化法院程序的一种特殊形式,它在于迅速保护个人的权利、自由和合法利益,基于6项规定要求的无关紧要性、书面文件的可用性、不举行全面的法庭会议和发布特别法院判决。有人提议对乌克兰有关简化索赔程序中审议经济争端程序的规定的相应经济程序法增加修正案。乌克兰的司法法律改革是复杂的,涉及对乌克兰宪法的修正、关于司法制度和法官地位的立法、有关机构(检察官办公室、律师事务所、执法机构)的改革,以及改进程序法和关于执行法院判决程序的立法。该条指出,对《乌克兰经济程序法》进行了立法修改,开始了新的经济诉讼形式,其中一种经济诉讼形式是简化的索赔诉讼,其目的是审议轻微案件、不太复杂的案件和优先考虑迅速解决案件的其他案件。在简化经济案件审理程序和程序的同时,这种司法纠纷审理形式的引入也暴露出其规定上的一些不足。本文的材料对于该领域的进一步研究具有实用价值,考虑到能够实质性地减轻经济法院的负担,提高经济诉讼的效率,同时提高对经济法院的信任水平。
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Simplified claim proceedings: Legislative regulation of the Economic Procedure Code of Ukraine
In building a legal state, one of its key criteria is the creation of an honest, transparent, and effective judiciary. The essential need for radical changes in the judicial system and the reform of its individual institutions is a requirement of time. The main purpose of the judicial and legal reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, effective, and responsible judiciary, which will be trusted by society. During the study, the method of analysis and synthesis was used for the methodological basis, thanks to which the main types of simplified procedures, their features, and legal nature were determined. Using the historical method, the emergence and development of simplified judicial procedures was investigated. Based on the dialectical method, the terms “simplified judicial procedures”, “writ proceedings” and “simplified claim proceedings” were formulated. The formal logical method was used to identify shortcomings in the legal regulation and procedural regulation of simplified judicial procedures under the new Economic Procedural Code of Ukraine. The theoretical and predictive method was used to develop and outline the main vectors for introducing changes to the legislation of Ukraine within the framework of consideration of cases in simplified proceedings. The qualifying features of simplified judicial procedures were formulated as follows: a special procedural form, voluntary application by stakeholders, special admission criteria, a special regime for applying evidence, and a special procedure for reviewing court decisions. Considering the legal nature of simplified judicial procedures, it was justified that the latter should include only writ and simplified claim proceedings. Therewith, writ proceedings are a special form of simplified judicial procedures in the economic process, which lies in persistent protection of undisputed rights, freedoms, and legitimate interests of a person, which occurs based on issuing a suitable court order. Simplified claim proceedings are a special form of simplified court procedures within the framework of economic proceedings, which lies in the rapid protection of the rights, freedoms, and legitimate interests of a person, based on the insignificance of 6 stated requirements, the availability of written documents, without holding full-fledged court sessions and with the issuance of a special court decision. It was proposed to add amendments to the corresponding economic procedural legislation of Ukraine regarding the regulation of the procedure for considering economic disputes in the simplified claim proceedings. Judicial legal reform in Ukraine is complex and involves amendments to the Constitution of Ukraine, legislation on the judicial system and status of judges, reform of related institutions (prosecutor’s office, bar, law enforcement agencies), as well as improvement of procedural legislation and legislation governing the procedure for executing court decisions. The article notes that legislative changes have been introduced to the Economic Procedural Code of Ukraine, new forms of economic proceedings have been initiated, one of the forms of economic proceedings is simplified claim proceedings, which are designed to consider minor cases, cases of minor complexity, and other cases for which a quick resolution of the case is a priority. Along with the simplified procedure and procedure for considering an economic case, the introduction of such a form of judicial dispute consideration also revealed certain shortcomings in its regulation. The materials of this paper are of practical value for further research in this area, considering the ability to substantially relieve economic courts and increase the efficiency of economic proceedings, while raising the level of trust in them.
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