Summary: – 1. Introduction. – 2. The Adversarial Principle of Civil Justice in Ukraine: Traditional Concepts of Implementation. – 2.1. Post-Socialist Trends in the Reform of Civil Procedural Legislation. – 2.2. The Right to a Fair Trial and the Competitiveness of Civil Proceedings. – 3. Balance of Adversarial Principles and Cooperation between Parties and Court in the Process of Civil Cases Consideration: a New View from Ukraine. – 3.1. Exchange of Pleadings and a New Procedure for Submitting Evidence in a Case. – 3.2. Prevention of Abuse of Procedural Rights during the Implementation of Adversarial Principle. – 4. Conclusions.
This work deals with the evolution of adversarial principle in civil process under the conditions of post-socialist regression and post-reform civil justice as well as the introduction of the principles of case management and cooperation between the court and the parties in the process. In particular, it analyses the main provisions of such new guarantees of realization of the right to a fair trial, which were introduced in the CPC of Ukraine in 2017-2018 as a court’s right to prevent abuse of procedural rights, as well as the exchange of competitive documents between the parties. The authors argue that effective protection of the rights today is to be based on the adversarial principles that shall be supplemented by the security of the balance of rights of the parties and the authority of the court on the examination of civil matters.
Volodymyr Kroitor, PhD in Law, Professor at the Department of Civil Law and Process, Kharkiv National University of Internal Affairs, Ukraine
Valeriy Mamnitskyi, PhD in Law, Associate Professor at the Civil Process Department, Yaroslav the Wise National Law University, Ukraine
adversariality, equality of parties, principles of the civil procedure, competitiveness, procedural activity of the court, principle of cooperation between the parties and the judge
How to cite it?
V Kroitor, V Mamnitskyi 'Adversial Principle Under the New Civil Procedure in Ukraine' (2019) No 4 (5) Access to Justice in Eastern Europe 30-41.