Summary: – 1. Introduction. – 2. Problems of application of criteria for determining cases to be considered in a simplified action proceeding. – 3. Features of the simplified action proceeding in civilproceedings.
Simplified action proceeding is a novelty of the Civil Procedure Code of Ukraine in the wording of 3 October, 2017. The introduction of such institutions as small cases, the principle of proportionality of legal proceedings, simplified action proceeding, written form of case consideration, cases of low complexity, etc., requires a detailed study and generalization of the application practice. The introduction of simplified action proceedings is a positive step that is in line with the global trends in the regulation of simplified action proceedings. Its task is a timely consideration of certain categories of civil cases established by law or assigned to such by a court, without the obligatory representation by a lawyer and, if possible, without parties’ notification on thebasis of the materials available in the case.
The question of assigning a case to a category which can be considered under simplified procedure directly affects the rights of the parties which they can realize in the course of consideration and resolution of the case, participation in the court session, as well as appeals against decisions made by the court and, therefore, is extremely important for the proper realization of the right of persons to justice and the right to be heard by the court. Kyiv Obolonskyi District Court has generalized the court practice and some of these results we are going to discuss in this paper.
The question of assigning a case to a category which can be considered under simplified procedure directly affects the rights of the parties which they can realize in the course of consideration and resolution of the case, participation in the court session, as well as appeals against decisions made by the court and, therefore, is extremely important for the proper realization of the right of persons to justice and the right to be heard by the court. Kyiv Obolonskyi District Court has generalized the court practice and some of these results we are going to discuss in this paper.