On Certain Violations in Civil Proceedings and Ways to Address Them

Abstract

This article examines the main theoretical aspects of civil procedural violations as a negative phenomenon that hinders the fair, timely, and impartial consideration and resolution of civil cases. It analyzes scholarly approaches to defining the concept of a civil procedural violation, its characteristic features, and its place within the legal system of violations. Attention is paid to the problem of the lack of a clear legal definition of the concept and a system of sanctions in the current Civil Procedure Code of Ukraine, which, in turn, creates difficulties in law enforcement and negatively affects the effectiveness of justice.

This study examines specific instances of civil procedural violations, including failure to comply with procedural deadlines, failure of parties to appear in court without valid cause, and abuse of procedural rights. It is noted that in today’s context, procedural deadlines serve a disciplinary and organizational purpose, and violations of such deadlines can lead to delays in the judicial process.

The negative consequences for individuals who commit civil procedural offenses are examined separately, including a classification of the measures of procedural coercion established by current legislation. Attention was paid to analyzing the abuse of procedural rights as one form of bad-faith conduct by participants in the proceedings. The main mechanisms for countering such negative phenomena were outlined, and the problems associated with their enforcement were identified. In particular, the limited use of certain coercive measures was noted.

An analysis was also conducted of the civil procedural legislation of foreign countries regarding the regulation of liability for procedural violations. The main features of the application of sanctions and mechanisms for preventing bad-faith conduct are highlighted, and a conclusion is drawn regarding the possibility of improving the national legal system based on the experience of the Baltic states.

In conducting the study, the authors employed general scientific methods as well as specialized legal methods, including the method of synthesis, literal interpretation of legal provisions, and the formal-legal method. Based on the findings of the study, a conclusion was drawn proposing amendments to certain provisions of procedural law to ensure the fulfillment of the primary objective of civil proceedings.