Publication date: 27.05.2024
Changes regarding the guarantee of the right to judicial protection in minor disputes.
Introduction
The right to judicial protection is a fundamental right of every person enshrined in the Constitution of Ukraine. However, in minor disputes, where the amount of the claim is small, access to justice may be limited due to the complexity of procedures and high costs. In order to ensure effective legal protection in such disputes, it is proposed to amend the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine.
Analysis of current legislation
Civil Procedure Code of Ukraine
The Civil Procedure Code of Ukraine (CPC) regulates the procedure for consideration of civil cases in courts. The current provisions of the code do not contain special rules regarding consideration of minor disputes, which can lead to excessive expenditure of time and resources both on the part of the court and on the part of the participants in the process.
Administrative Judicial Code of Ukraine
The Code of Administrative Courts of Ukraine (CAC) determines the procedure for consideration of administrative cases. As in the case of the Civil Procedure Code, the CAS does not provide for special procedures for minor disputes, which can make it difficult for citizens to access justice in such cases.
Suggestions for changes
Amendments to the Civil Procedure Code of Ukraine
It is proposed to make changes to the Civil Procedure Code of Ukraine, supplementing it with a section that regulates the peculiarities of consideration of minor disputes.
A new section to the CPC
Definition of minor disputes:
Disputes in which the amount of the claim does not exceed the legally established minimum wage, or disputes that do not have a significant property interest for the parties are considered insignificant.
Simplified review procedure:
Minor disputes are considered by the court in a simplified procedure, which includes:
Shortened terms of consideration of the case.
Simplified requirements for evidence and documents.
Possibility of consideration of the case without summoning the parties (on the basis of submitted documents).
Court costs:
In the case of minor disputes, court costs may be reduced or the court fee waived.
Appealing decisions:
Decisions in minor disputes may be appealed only in cases where this is provided for by law, or if the court of first instance allows such a possibility due to the importance of the case.
Amendments to the Code of Administrative Procedure of Ukraine
It is proposed to make similar changes to the Code of Administrative Procedure of Ukraine.
A new section to KAS
Definition of minor disputes:
Administrative disputes where the amount of the claim does not exceed the statutory minimum wage or disputes that do not have a significant property interest for the parties are considered insignificant.
Simplified review procedure:
Minor administrative disputes are considered in a simplified procedure, which includes:
Shortened terms of consideration of the case.
Simplified requirements for evidence and documents.
Possibility of consideration of the case without summoning the parties (on the basis of submitted documents).
Court costs:
In the case of minor disputes, court costs may be reduced or the court fee waived.
Appealing decisions:
Decisions in minor administrative disputes may be appealed only in the appeal procedure, if this is provided for by law or if the court of first instance allows such a possibility in view of the importance of the case. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Amendments to other normative legal acts
To ensure consistency of legal regulation, it is proposed to make appropriate changes to the Law of Ukraine "On Court Fees" regarding the reduction or exemption from payment of court fees in minor disputes. It is also necessary to make changes to the by-laws regulating the procedure for conducting court cases and the calculation of court costs.
Conclusion
Amending the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine to guarantee the right to legal protection in minor disputes is an important step to increase access to justice. The introduction of a simplified procedure for consideration of minor disputes, reduction of court costs and ensuring efficiency in the consideration of such cases will contribute to the protection of citizens' rights and the effective functioning of the judicial system of Ukraine.
