Res Judicata in Civil, Economic and Criminal Proceedings in Ukraine

Abstract

The need to improve the efficiency of the implementation of the tasks of the judiciary, which is associated with the improvement of evidentiary activities, the saving of procedural time, as well as the use of res judicata (also known as claim preclusion) in the process of proving, determines the relevance of the analysis of the use of res judicata in civil, economic and criminal proceedings in Ukraine. The purpose of the article is to study the legal category of ‘res judicata’ (claim preclusion), problems of the theory and practice of the application of claim preclusion and its use in the exercise of evidentiary activity in civil, economic and criminal process, as well as the study of the limits of the application of claim preclusion. The methodological base is comprised of such methods as the dialectical, the systematic analysis of legal norms, the comparative legal, and the logical-normative method. The study of the res judicata requires the implementation of mechanisms that ensure the impartiality of justice and the unity of the case law, providing analysis of the case law and common standards for the implementation of legal proceedings, the purpose of which is to protect the violated rights and freedoms of natural and legal persons, to improve the legislation in the direction of harmonization of normative-legal acts of national legislation with international standards.

Implementation of International Standards for Determining an Efficient Civil Law Remedy by a National Court

“…In turn, Y. Chornous et al (2019) rightly noted that according to the practice of the ECtHR Art. 6 of the ECHR requires a state to provide procedural means for the efficient and expeditious resolution of jurisdictional disputes (Case of Bulanov v. Ukraine 2010).…”

“…European countries have separate jurisdictions for resolving jurisdictional conflicts -in France, such a body is the Conflict Tribunal, in Germany -the Senate of Supreme Courts (Jung 2015;Chornous et al 2019). In this aspect, in the authors' opinion, the event when a judicial body appeared in Ukraine to resolve jurisdictional conflicts can be called the property of judicial reform of the 2016-2017 model.…”