Revista Jurídica Portucalense (Oct 2023)
Small Claims in Civil Procedure in Ukraine: Panacea or an Obstacle to Access Justice
Abstract
One of the directions of development of civil procedure of the majority of the world is the differentiation of civil proceedings, in particular, through the introduction of various simplified proceedings. The introduction of such procedures for the consideration of minor cases was recommended in a number of Council of Europe documents and was seen as a way to improve access to the court. In Ukraine, these trends have been implemented through the introduction of simplified legal proceedings, including for consideration of minor cases in 2017 as novelties of civil proceedings. Does the civil procedure institution of minor cases comply with the principle of the rule of law and the basic principles of judicial proceedings defined by the Constitution of Ukraine? Does the civil procedure institute of minor cases hinder the exercise of the right to judicial protection? Whether the fundamental proportionalities are defined in paragraph 1.5 of part 6 of Art. 19 of the Civil Procedure Code of Ukraine, the size of the price of the claim for the qualification of cases is insignificant. The authors tried to answer these questions, justifying this by analyzing the legislation of different European countries, the practice of the European Court of Human Rights, and systematic research of the provisions of the Convention for the Protection of Human Rights. The conclusions justified the need to publish a formula for determining a minor case with reference to the level of minimum income in a particular country. Keywords: small claims, civil procedure, right to a fair trial, courts, access to justice.
