Yepanchintsev O. Simplified lawsuit proceedings in the civil justice system of Ukraine.

The dissertation study is devoted to the analysis of the normative regulation of the procedure of simplified legal proceedings. The stages of formation and development of simplified civil court proceedings of Ukraine are analyzed and highlighted. The first stage is pre­ revolutionary, covering the effect of the Statute of Civil Procedure of 1964. This Statute provided for simplified procedures for the consideration of cases, which in 1912 were replaced by "prompt" proceedings. The second stage ­ the Soviet period of the development of civil procedural legislation is characterized by the introduction of procedures with shortened terms for consideration of civil cases. The third stage is the period of development of civil procedural legislation of independent Ukraine. At the beginning of the 1990s, procedures for shortened terms of consideration of certain categories of civil cases were in force, and the consideration of all civil cases in courts of first instance by a single judge was introduced. With the adoption of the new Civil Procedure Code of Ukraine on March 18, 2004, which entered into force on September 1, 2005, such a simplified procedure as the issuance of a court order was introduced. The last reform of the procedural legislation, which took place in October 2017, became the basis for the introduction of a new procedural institution ­ simplified legal proceedings. Simplified legal proceedings are considered as a type of legal proceedings aimed at fulfilling the tasks and achieving the goal of civil proceedings in relation to civil cases defined by the civil procedural law under special procedures. The criteria for simplified legal proceedings are proposed: 1) performance of the tasks of the civil judiciary regarding consideration and resolution of civil cases under a special procedural form; 2) achieving the goal of civil proceedings in shortened procedural terms; 3) consideration of the case in the simplified legal proceedings is the realization of the right and not the obligation of the party; 4) expansion of discretionary powers of the court; 5) limited action of some institutions of civil process, for example, the institution of providing evidence, etc.; 6) limited effect of substantive and instance jurisdiction. Attention is drawn to the fact that the right to file a claim in a simplified legal proceeding should be considered as a state­guaranteed opportunity to apply to the court for the protection of a violated, unrecognized or disputed right under a simplified procedure. In order to realize the right to consider the case in the simplified legal proceedings, the presence of procedural legal capacity and procedural legal capacity will be important; determination of the appropriate civil jurisdiction and compliance with the procedural form of the claim statement. It is emphasized that the subject jurisdiction of the simplified legal proceedings is determined not only by the nature of the disputed legal relationship, but also by special provisions in the civil procedural legislation regarding the definition of certain categories of civil cases. Attention is drawn to the fact that the plaintiff’s request for consideration of the case in the order of simplified legal proceedings must be submitted in writing and must relate to the content of all the requirements of the legal statement, and not to a separate part of it. It can be a separate procedural document, and a statement of the content of the request can be reflected in the statement of claim. Attention is drawn to the fact that the procedural form of the court’s response to the stated petition is the decision to open proceedings in the case, which determines the time of submission and the content of such a petition.