The principle of expediency in civil proceedings of Ukraine

Abstract

Problem setting and relevance of the research topic. For a long time the
concept of strict legalism prevailed in the science of civil procedure, which was
reflected in the requirement of exact (strict) and steady execution (enforcement) of
laws by all the authorities and government officials managing the process, as well as
by all other participants. The development of society and state sets the science new
tasks, and one of them is the concept of equitable law of appropriate and reasonable
application of the law that provides effective protection of interests of citizens,
society and state. Achievement of these objectives promotes the research and
introduction of the category of expediency in civil proceedings, which manifests in
the consideration of specific conditions of use of a legal act (its goals, objectives) in
selecting the most optimal variant of solving a legal issue on the basis of
circumstances of a particular case. Also, there is a reason to believe that the
requirements of expediency may serve as a principle of civil procedural law.
Recent research and publications analysis. There is no research of the
principle of expediency in the science of civil procedural law. The said principle was
examined fragmentarily in scientific publications only in relation to specific
institutions of the civil process: panel hearing of cases, process of proving, etc. Some
aspects of the principle of expediency were the subject of study during the
consideration of law enforcement issues in the general theory of law and issues of
judicial discretion in proceedings.
Paper objective. The objective of this paper is to study the principle of
expediency in civil proceedings in Ukraine; the definition of this principle,
admissible limits of its application and forms of its implementation.
Paper main body. The author’s understanding of the principle of expediency
in civil proceedings is substantiated. A difference between the principle of
expediency and similar concepts is shown.
The author proves that: (1) the objective of use of the principle of expediency
is a compromise between the general procedural requirements of the law and specific
circumstances of the case for the achievement of a just court decision; (2) participants
of civil proceedings must relate their actions to the purposes of civil law models of
the behavior of participants, rights, freedoms and legitimate interests of others, as
well as the society and state; (3) the correct application of expediency provides for
the consolidation of a system of guarantees in the law, which limits the abuse of
discretion and corrupt practices.
Conclusions of the research. The author’s definition of the principle of
expediency is proposed as a possibility provided by law to choose the most optimal
form and method for resolving civil disputes from those provided for by law for this
particular case, for the protection of violated, unrecognized or disputed rights,
freedoms and interests of individuals, rights and interests of legal entities and
interests of the state.
Legislative consolidation and correct application of the principle of expediency
in civil proceedings in Ukraine: (1) reflects the current strategy of the national civil
procedural policies; (2) creates the conditions for a fair and effective application of
the law; (3) minimizes violations of the procedural law or its slow interpretation; (4)
allows to accelerate the proceedings of the case and ensures compliance with
reasonable periods for the consideration and resolution of civil cases; (5) optimizes
costs and expenses.