Наказне провадження як окремий вид спрощеного провадження в цивільному судочинстві України

The author of the article has studied the issue of preserving guarantees of fair judicial protection while introducing summary procedures within civil legal proceedings. The author of the article has noted that Ukraine’s path to joining the European Union involves the introduction of new standards of the judicial power functioning. The introduction of international standards for the administration of justice and their consolidation in national civil procedural legislation is an important stage for spreading European law in Ukraine. The author of the work has indicated that one of the significant innovations of the civil judiciary of Ukraine, aimed at differentiating legal proceedings into types of judicial proceedings, is the possibility of carrying out civil judiciary according to the rules of summary proceedings. Accordingly, summary judicial procedures that optimize civil legal proceedings for the effective administration of justice in civil cases are being currently formed in the doctrine of civil procedural law. The author of the work has proved that the development of summary types of civil legal proceedings is a vivid manifestation of the policy for further differentiation of judicial procedures in domestic judiciary. Writ proceedings are a separate type of summary judicial procedures in domestic civil procedural judiciary. The author has made the conclusion that writ proceedings are a certain inter-branch sub-institution, in the course of which the court considers undisputed claims submitted to the court in cases clearly defined by procedural law and with proper documentary confirmation of the right to claim. The list of such claims has been established for a long time and is regulated by the Art. 161 of the Civil Procedural Code of Ukraine. At the same time, either summary or written proceedings, which are regulated by the Civil Procedural Code of Ukraine, cannot be regarded as manifestations of shortened judicial proceedings or rocket docket during the military armed aggression of the Russian Federation against Ukraine. On the contrary, another conclusion is quite logical – that the application of summary proceedings contributes to the implementation of the right to a fair trial enshrined in the Art. 6 of the European Convention on Human Rights. Further improvement of the procedures for summary proceedings should be carried out by taking into account the requirements of international and legal standards, as well as principles of civil legal proceedings, in particular the requirements of the content of the pro rata principle.