PROBLEMATIC ASPECTS OF GUARANTEES OF JUSTICE IN CASES ARISING FROM CIVIL LEGAL RELATIONS

Abstract

If the political and legal acts of Ukraine indicate the need to strengthen the responsibility of the participants in the process for the dishonest use of their rights and non-fulfillment of their duties, this also points to the need to improve the legal regulation of these issues. At the same time, some scholars recognize measures aimed at solving these issues as one of the types of legal responsibility, and according to others, there are no grounds for this. It is no coincidence that the appearance of Chapter 9 "Procedural Coercion Measures" in the Civil Procedure Code did not answer questions about the legal nature of such coercion, nor about its legal grounds and application procedure, which indicates the urgency of further research into this problem.

That is why the purpose of this study is to analyze the specified problems from the standpoint of modern ideology and methodology of legal relations, to develop on this basis appropriate recommendations aimed at solving them at the theoretical level and to make proposals aimed at improving these aspects of the current legislation, and in the end - and practice of legal relations.

Its object is the peculiarities of procedural support of legal relations that are formed during court proceedings, and its subject is its means. The main methods used in its course were: historical-legal, comparative-legal, system-structural analysis, formal and dialectical logic. Conclusions: 1) since the legal essence and content of procedural coercion measures determined by the Code of Criminal Procedure are disputed, this makes it impossible to determine their legal grounds and proper procedural procedures for their application; 2) recognition of these measures as one of the independent types of legal responsibility is false; 3) since the name of these measures "measures of procedural coercion", although some of them are noted as its elements, does not correspond to their essence or their purpose, it would be more appropriate to call them measures to ensure procedural proceedings; 4) since these measures are aimed at assisting in the performance of tasks of civil justice, defined in Part 1 of Art. 2 of the Civil Code, then their system should be built in accordance with these tasks; 5) and since it is inappropriate to build this system according to the branch principle, as a result of which each branch of procedural law would have its own system, it points to the need to create a single - universal inter-branch institution of measures to ensure procedural proceedings, which would correspond to the principle of the unity of the judiciary and with a single system of its organs; 6) all of this points to the urgency of further research into these problems with the aim of developing, on this basis, relevant recommendations aimed at solving them both at the theoretical level and making proposals for improvement in these aspects of the current legislation, and in the end - in practice legal relationship.