UDC  347.9  

ORCID: 0000-0003-2620-3669

DOI 10.37566/2707-6849-2019-3(28)-12

(PDF)

SHUTENKO Oksana,

Associate Professor, Department of Civil Procedure, National Law

Yaroslav the Wise University, Candidate of Law

THE PRINCIPLE OF BALANCE IN CIVIL PROCEDURAL RELATIONS

The article is devoted to the study of a new principle of civil procedural law – the principle of balance of civil procedural legal relations. The article contains conclusions about the deep significance of the principle of balance for the effective functioning of the justice system. The analysis of the effect of this principle in simplified procedures of civil proceedings is carried out.

We distinguish the principle of the balance of civil procedural relations and understand it as achieving the equilibrium of the specified system - a stable balance of elements of the system in a limited period of time (at this stage of existence). Simultaneously with constancy, any system is characterized by instability as a resource for system development and improvement, for entropy prevention and system catastrophe.

The principle of the balance of civil procedural relations is manifested primarily in the fact that the amount of legal interest is directly proportional to the amount of procedural rights conferred on the subject of the process.

When applying the simplified procedures of civil litigation, the following is observed: the equilibrium in the judicial process at first glance is broken due to the proper simplification of the judicial procedure, the absence of traditional stages, institutions of civil litigation. Meanwhile, the aforementioned is offset by the speed of consideration and resolution of the case.

The principle of the balance of civil procedural relations is of particular importance at the stage of modern lawmaking, when there is a change in outlook and the formation of a new understanding of justice in the civil process, namely, the purpose of civil justice is more widely disclosed. Such conclusions are led by the analysis of the novelties of the Civil Procedure Code of Ukraine - simplified (in comparison with the general lawsuit) civil litigation procedures in which there is one way or another no dispute about the law – there is a weakening or absence of dispute.

Key words: principles of civil procedural law, efficiency of legal proceedings, simplified judicial procedures, principle of balance, civil procedural legal relations.

References

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Timoshenko I. G. Kniga Tainstv, Chudes i Zakonov bytiya. Sovremennaya obshaya, estestvennaya i socialnaya ontologiya (Filosofskij proekt teorii Vsego): monograph I. G. 2. Timoshenko -2nd ed. add.  Novosibirsk: NSTU Publishing House, 2018.  671 p. [Ukr.].

Shutenko O. V. Non-verbal communication and its application in the civil process. Civil and Arbitration Process.  2014.  № 7.  P. 8 –12 [Ukr.].