Current issues of Civil Law and its Procedure

Abstract

The year 2022 brought many negative events which are directly related to the invasion of the Russian Federation and the imposition of martial law on the territory of Ukraine in accordance with the Law of Ukraine "On Approval of the Decree of the President of Ukraine "On the Introduction of Martial Law in Ukraine" No. 2102-IX dated 24.02.2022 [4].

Under martial law, the most pressing issue is the protection of human and civil rights and freedoms. Civil proceedings are aimed at ensuring their protection, observance of law and order. The article focuses on the problems that arise in the course of civil proceedings, the efficiency of civil proceedings and compliance with Ukrainian legislation.

The Constitution of Ukraine guarantees that human and civil rights and freedoms are protected by the courts (Article 55) [1]. The state guarantees the protection of rights through the judicial system, but the question arises as to the implementation and accessibility of this judicial protection for every citizen.  After all, the right to justice is one of the main human and civil rights.

The purpose of this article is to identify and analyse the main problems in the implementation of civil proceedings, in particular, the actual problem of accessibility to the implementation of Article 55 of the Constitution of Ukraine for citizens. The author analyses the causes of problems arising in the course of civil proceedings and the methods of their solution. The article suggests ways to improve the practical application of civil law provisions with due regard for judicial practice and international experience.

The following research methods were used in writing this article:

1. Formal legal method. It was used to analyse the current civil and civil procedure law and regulation of civil law relations.
2. Comparative legal method. It is used for comparison, identification of common and distinctive legal areas in the civil proceedings.
3. The method of legal modelling. It is used to formulate proposals and methods for improving civil and civil procedural relations.

In the course of writing this article and researching the topic, the author identified a number of issues that require research and resolution and are directly involved in the implementation of civil procedural relations. In particular, the proof of non-pecuniary damage is a very ambiguous interpretation in court decisions. Thus, as a result of the study of the topic ‘Current Issues of Civil Law and Procedure’, the following issues requiring research can be detailed and identified, such as imperfect legislative regulation, problems of application of court practice, adaptation to European standards, etc.

As a result of the study of the subject matter of this article, the following conclusion can be drawn. Civil law and procedure need to be improved as soon as possible to bring them closer to the standards of the European Court of Human Rights and to apply case law in the adoption and interpretation of court decisions. There are a rather significant number of problems of law enforcement, which in turn has a negative impact on the quality and fairness of civil proceedings.