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| Article title | Legal Status of Civil Case Participants (in the Context of Reforms of the Procedural Legislation of Ukraine) | ||
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) | ||
| Issue | 10/2018 | ||
| Сторінки | [114-128] | ||
| DOI | 10.33498/louu-2018-10-114 | ||
| Annotation | After the Law of Ukraine “On Amendments to the Code of Economic Procedure of Ukraine, the Code of Civil Procedure of Ukraine, the Code of Administrative Court Procedure of Ukraine and Other Pieces of Legislation” has become effective on December 15, 2017, the civil procedural legislation of Ukraine has undergone significant reformation, in particular, the procedural terminology has been changed, a new approach has been introduced to the definition of subjects to the relations under civil procedure law, the scope of procedural rights and obligations of participants to a case has been elaborated etc. Given this, currently there is an urgent need to analyze the updated legislation with the aim of developing the uniform approaches to the interpretation of its contents and further application of the regulatory requirements. The purpose of the article is to identify the legislative changes relating to the legal status of participants to a civil case, to clarify the scope and contents of their procedural rights, duties and interests, and also to identify the gaps and conflicts in the legal regulation of relevant aspects and to develop the proposals for improvement of the civil procedural legislation. Since legal status is one of the fundamental legal categories, this article was written with a view to identifying the legislative changes relating to the legal status of participants to a civil case, and also identifying the gaps and conflicts in the legal regulation of relevant aspects and developing the proposals for improvement of the civil procedural legislation in the outlined context. Participants to a case are participants to the court process who take legal action for court protection of their breached, unrecognized or disputed rights, freedoms or interests, or in cases established by law of the rights, freedoms or interests of other persons (except representatives), and also with the aim of confirming the presence or absence of legal facts determined by law, as well as other interested persons who are involved in the process or join a civil case on their own initiative. Given the nature of the procedural rights, duties and interests pertaining to participants to a case, as well as the purpose with which each of them participates in the civil process, their legal status can be general (each participant to a case, without any exception, has this status) and special (it is given separately to each participant of a case). Based on the results of the study, the author proves that currently there is a need to amend Articles 49, 56, 294 of the Code of Civil Procedure of Ukraine. |
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