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OksanaSHUTENKO,

Associate Professor, Department of Civil Procedure, Yaroslav the Wise National Law University, Candidate of Law Sciences

THE PROBLEM OF COMPLIANCE OF THE COURT DECISION WITH THE ACTUAL CIRCUMSTANCES OF THE CASE IN THE CONTEXT OF INNOVATIONS IN CIVIL PROCEDURAL LEGISLATION

The article is devoted to the actual problem of the relevance of the judicial decision. The article analyzes the notion of the relevance of a court decision. The contents of this concept are disclosed and supplemented. Also, a study of new procedures is presented: the settlement of a dispute involving a judge and a simplified procedure in the context of the relevance of a judicial decision.

The main problem of civil proceedings is the compliance of the court decision with the actual circumstances of the case (the relevance of the court decision). Therefore, the purpose of the article is to find a reasonable balance of procedural means to achieve the relevance of the court decision.

The relevance of the court decision can be considered in a narrow and broad sense. In a narrow sense, relevance is the relevance of a decision confirmed within the judicial system. In a broad sense, the relevance is more complicated and represents the idea, the principle, the ideal idea of establishing truth in the trial for a fair decision, which will be fair only in the case of compliance with the actual relationship between the plaintiff and the defendant.

The article analyzes the new procedures introduced by the Civil Procedural Code of Ukraine in 2017: the settlement of a dispute with the participation of a judge and simplified proceedings.

The procedure for settling the dispute with the participation of a judge is intended to reconcile the parties to the dispute. In this case, the court decision will be relevant, although it will not correspond to the material relations of the parties to the process, but will correspond to circumstances that have changed at will of the parties themselves in the process – by mutual concessions, or the refusal of the plaintiff from requirements, or recognition of a claim.

Investigating the relevant rules of the law allows us to conclude that the adoption of a relevant decision is a priority of the court, even when applying the simplified procedure.

Key words: relevance of the court decision, compliance of the decision with the circumstances of the case, settlement of the dispute, conflict dialogue, principles of civil procedural law.

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