The article is devoted to problematic issues of judicial practice in Ukraine, related to the consideration of civil cases on reducing the amount of maintenance in the context of defining this category of cases as minor. Attention is drawn to the fact that according to the current Civil Procedure Code of Ukraine, the cases of recovery of maintenance, increasing its amount, payment of additional costs for the child, collection of penalties for late payment, indexation of maintenance, changing the method of collecting the maintenance payments are considered minor unless they are related to establishment or contestation of paternity (maternity) (paragraph 3 of Part 6 of Article 19 of the Civil Procedure Code of Ukraine). However, in this norm, there is no legislative instruction to refer reduction of maintenance to the category of minor lawsuits, which, taking into account the number of such cases that can be reviewed in cassation, is viewed as a legislator’s fault.
The article provides a theoretical analysis of the implementation of the principle of equality before the law and the court as the main principle of justice. Next, the modern understanding of the principle of equality before the law and the court is studied. Finally, the inviolability of citizens and various officials to whom inviolability is granted for exercising their powers in terms of equality before the law and the court is analyzed.
НАУКОВИЙ ВІСНИК ПУБЛІЧНОГО ТА ПРИВАТНОГО ПРАВА © СЕРДЮК Є.В.-кандидат юридичних наук, доцент кафедри конституційного права та теоретико-правових дисциплін (Інститут права та суспільних відносин Відкритого міжнародного університету розвитку людини «Україна») © СЕРДЮК В.П.-кандидат юридичних наук, доцент, доцент кафедри цивільного, господарського, адміністративного права та правоохоронної діяльності (Інститут права та суспільних відносин Відкритого міжнародного університету розвитку людини «Україна») © БАЛИНЕЦЬ О.М.-магістрант (Інститут права та суспільних відносин Відкритого міжнародного університету розвитку людини «Україна»)
The article reveals the features of the implementation of judicial protection of economic human and civil rights in Ukraine on the basis of theory and practice. It has been established that the provision of judicial protection of human and civil rights and freedoms in Ukraine is regulated by the provisions of the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the provisions of other legislative and regulatory documents. It is determined that ensuring the rights, freedoms and legitimate interests of a person is the main duty of Ukraine as a democratic state governed by the rule of law. It has been established that the rights and freedoms of man and citizen must be protected by the court. It has been proven that there is no restriction on persons who can apply for the protection of their rights, freedoms and interests in the judicial branch of government, however, a person who receives the right to go to court has no guarantees that he will be provided with protection and application on this basis of a number of procedural procedures. It has been established that the right to obtain judicial protection should be based on satisfaction by court of the requirement of material and legal character that the subject put forward to the person who violated the rights of this subject and/or interests protected by law. It has been established that the provision of judicial protection of the economic rights and freedoms of a person and a citizen consists in the fact that such provision should proceed from guarantees provided by the state, therefore everyone has the right to apply to specially authorized public authorities in accordance with the current constitutional order to protect their economic rights, freedoms and interests. It is noted that the right to judicial protection of economic rights and freedoms of man and citizen is the right to a comprehensive and open trial, so everyone has this right and it is not affected by participation in the trial or the specifics of the case. It is noted that the prospects for further research in this area are to study the features of judicial protection of social rights and freedoms of man and citizen in Ukraine.
The article reveals the features of judicial protection as one of the key guarantees of the activities of courts in Ukraine. It has been established that the peculiarities of judicial protection as one of the key guarantees of the activities of courts in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On state protection of employees of the court and law enforcement agencies», the Law of Ukraine «On the National Police», the Law of Ukraine «On the judicial system and the status of judges», by the decision of the High Council of Justice «On approval of the Regulations on the Judicial Protection Service», by the Decision of the Council of Judges of Ukraine «On measures to ensure the safety of courts and judges, the protection of courts and persons involved in the implementation of legal proceedings». It was determined that, in addition to the Judicial Protection Service, security functions are performed by units of the National Police of Ukraine and units of the National Guard of Ukraine. It was found that the Judicial Protection Service is a state body that functions in the justice system and whose main task is to ensure the protection and maintenance of proper order in the courts. It has been established that the Judicial Protection Service is subordinate to the High Council of Justice, and the State Judicial Administration of Ukraine controls the activities of the Judicial Protection Service. It was determined that the procedure for the passage of service by employees of the Judicial Protection Service is established in accordance with the procedure approved by the High Council of Justice, moreover, on the proposal of the Head of the Judicial Protection Service and in agreement with the State Judicial Administration of Ukraine. It was found that the safety of judges, as well as the protection of court buildings, is one of the main guarantees of the independence of judges and the justice system as a whole. It has been established that in order to increase the effectiveness of judicial protection, initiated cooperation has been established with the Ukrainian-Canadian Judicial Reform Support Project, as well as have been developed and implemented the Ukrainian-Canadian Judicial Reform Support Project and the European Union «Law-Justice» Project . It is noted that the structure of the Judicial Protection Service consists of the central governing body and territorial offices of the Service. It is proposed in the perspective of further research to reveal the legal features of the procedure for admission to the position of candidates for service in the Judicial Protection Service.
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