ОСОБЛИВОСТІ НАКАЗНОГО ПРОВАДЖЕННЯ В ЗАКОНОДАВСТВІ УКРАЇНИ ТА ЗАРУБІЖНИХ КРАЇН: ПОРІВНЯЛЬНА ХАРАКТЕРИСТИКА

Abstract

The article examines the peculiarities and effectiveness of injunctive proceedings in civil proceedings, taking into account its role in the simplification and effective resolution of disputes. A comparative analysis is carried out with the experience of other countries, in particular the European Union, in order to identify the possibility of applying best practices to improve injunctive proceedings in Ukraine. The authors draw attention to the dynamics of the development of the legislation regarding injunctive proceedings in the context of European integration. A comparative analysis of evidentiary and non-evidential models of legal regulation of injunctive proceedings that exist in European legislation made it possible to identify the positive and negative aspects of each of them. It is indicated that both approaches have their own unique features, reflecting differences in the legislation and judiciary of each country. It is emphasized the importance of maintaining a balance between different models and the need to take into account the specifics of Ukrainian society and the legal system. Taking as a basis the legislation of Germany and France as standards of two different models of legal regulation of this institute, the common and distinctive features of injunctive proceedings in comparison with national legislation are determined. Attention is drawn to the fact that the analysis of the practical application of legislation on injunctive proceedings in Ukraine, Germany and France can identify and eliminate problems that arise in the process of its implementation. It was concluded that the model of injunctive proceedings in Ukraine shows similarities with the German system, especially in the use of electronic means and the application of special procedures to speed up the process. It was emphasized that further improvement of the legislation on injunctive proceedings in Ukraine, taking into account the experience of the European Union and other countries, can contribute to improving access to justice and provide greater protection of citizens’ rights.