The dissertation is a complex scientific research of the principle of cooperation between the court and the parties during the consideration of a civil case, as well as during the execution of a court decision. Scholars have been paying attention to this principle since its introduction into the civil procedure legislation of the United Kingdom in order to ensure the administration of justice in civil cases in a timely and effective manner. The research of this principle has been significantly updated in the light of the ELI-Unidroit project on the preparation of the European Rules of Civil Procedure, which provided for the application of this principle to the relations arising during the consideration of a civil case by the court as one of the basic principles of justice. The scope and significance of these Rules for the development of the doctrine of civil procedural law of European states requires considerable attention to this principle on our part.
Changing traditional approaches to the division of powers and the balance of roles of judges and parties and their representatives in civil proceedings is an important, even crucial step, which affects not only the ability to achieve effective civil justice, but also to ensure compliance with European standards and international obligations, which became binding for Ukraine during the ratification of the Convention for the Protection of Fundamental Rights and Freedoms (hereinafter - the Convention). In its recommendations, the Council of Europe directs the member states to ensure effective justice in civil matters, in particular, by redistributing the balance of the roles of the court and the parties towards cooperation.
In connection with the above, the study of the principle of cooperation between the court and the parties in civil proceedings in Ukraine should be considered relevant.
Based on the purpose and objectives of the study, the work analyzed the existing approaches to the principle of cooperation between the court and the parties in civil proceedings of different European countries (Austria, Lithuania, Poland, Italy and France), in particular, in the doctrine and the legislation of these countries. This made it possible to characterize this principle on the basis of certain features that distinguish it from other principles of civil procedure. The analysis of the formation of established views on the principle of disposition and adversarial principle in civil proceedings in Germany and other European countries allowed us to assess the importance and prospects for further development of the approach to the implementation of adversarial and investigative models in civil proceedings, which have been formed over centuries. At the same time, the idea of mutually agreed behavior of the court and the parties, aimed at ensuring an effective timely and cost-effective process of consideration and resolution of civil cases at the turn of the century, in our opinion, seems the most optimal basis for building a modern model worthy of attention and borrowing to the Ukrainian legislation.
The legislation of Ukraine during the last reform of the judiciary and related institutions, in particular, in the field of civil procedure, enshrined certain provisions which should be considered as elements of the principle of cooperation between the court and the parties. At the same time, it is necessary to supplement and improve the provisions of civil procedural legislation of Ukraine in order to comprehensively implement this principle in the theory and practice of civil proceedings, which will promote effective realization of the main task of civil proceedings given the positive experience of other European countries.
The case law of the European Court of Human Rights (hereinafter - ECtHR) and national courts of Ukraine has also been studied in this work, which has provided additional grounds to justify the expediency and necessity of introducing the principle of cooperation between the court and the parties during civil case hearing and execution of court decisions in order to implement the main task of civil proceedings.
Based on the above, the work consists of three sections and seven subsections, which consistently reveal all the issues studied.
