
Civil Procedure Reform: the Way Forward
Summary: 1. Introduction – 2. Implementation of the Civil and Commercial Procedural Codes in Ukraine: Findings and Observations. – 3. Conclusions and Key Recommendations. – Appendix: Questionnaires.
Abstract
This article is based on a report evaluating the implementation of the new Ukrainian Civil and Commercial Procedural Codes. A multiple-choice questionnaire and an additional questionnaire for conducting in-depth interviews with selected stakeholders were used in order to collect data (see Appendix). This approach allowed for the identification of problematic areas in procedure and court organisation, for the collection and statistical elaboration of data on the implementation of the Codes, and for the identification of measures to improve court practice and organisation and, consequently, for enhancing trust in the judicial system.
For the purposes of the report, monitoring tools were complemented by court visits, bi-lateral interviews, and roundtables in different regions of Ukraine. These additional sources of information enabled the experts to develop informed observations on the specifics of the Codes and on the framework of their implementation. The research has resulted in a set of recommendations which are listed in the conclusion of this paper.
About Authors
Prof. Dr. C.H. (Remco) van Rhee
Professor of Comparative Civil Procedure,
Maastricht University, Netherlands, Expert EU funded project Pravo-Justice
remco.vanrhee@maastrichtuniversity.nl
E.A. Maan
Former President of the General Court of First Instance in Zwolle (1992-2006), Netherlands, Expert EU funded project Pravo-Justice
References
- Preliminary Address on the First Draft of the Civil Code, available at:<https://www.justice.gc.ca/eng/rp-pr/csj-sjc/ilp-pji/code/index.html> accessed 30 October 2020.
- Golder v. United Kingdom (App No 4451/70) ECHR 21 February 1975.
- Airey v. Ireland (App No 6289/73) ECHR 9 October 1979.
- Capuano v. Italy (App No 9381/81) ECHR 25 June 1987.
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How to cite it?
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C.H. van Rhee, E.A. Maan ‘Civil Procedure Reform: The Way Forward’ 2020 4(8) Access to Justice in Eastern Europe 179