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Oksana GNATIV,

Associate Professor, Department of Civil Law, Lviv State University of Internal Affairs, Candidate  of  Law Sciences

THE CAUSESVIEW CIVIL CASE THE SUPREME COURT OF UKRAINE

This article analyzes the causes the Supreme Court of Ukraine revision of judgments in civil case in the context of changes to ensure the right to a fair trial, and subject to the availability of grounds for reopening the civil case. Civil procedural legislation of Ukraine undergoes further changes to strengthen the role of the Supreme Court of Ukraine to develop a unified practice of law in Ukraine. Under current procedural legislation of Ukraine Supreme Court of Ukraine is obliged to ensure the practice of unity not only of substantive and procedural law and the court of appeal at the appeal court decisions and to avoid decisions that contradict his legal position.

The grounds are viewing: 1) unequal application of the court (courts) of cassation of the same substantive law, which resulted in the adoption of different content of judicial decisions in similar legal relations; 2) unequal application of the court of cassation of the same procedural rules - at the appeal court decision which prevents further proceedings be taken with or violation of rules of jurisdiction established by law or the courts to hear civil cases; 3) establishing an international judicial institution, whose jurisdiction is recognized by Ukraine, Ukraine violations of international obligations in solving the case by court; 4) discrepancy judgment of the court of cassation laid down in Regulation Ukraine Supreme Court opinion on the use of similar relationship of substantive law. Each of these grounds requires a detailed analysis to identify the feasibility of consolidating the legislation Ukraine.

The article shows the application areas of the grounds to view civil case. The author concludes the need for further improvement of legislative regulation of viewing civil cases by the Supreme Court of Ukraine.

Key words: Supreme Court of Ukraine, the causes preview, judgments in civil cases, unequal application of substantive law, the legal position of the European Court of Human Rights.

References

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