The reasonableness of the terms of consideration of the case by the court in the civil process: problematic issues

Abstract

The study of the article is aimed at a comprehensive study of the principle of reasonableness of the terms of consideration of the case by the court in the civil process. Domestic legislation, international legal acts, national judicial practice, practice of the European Court of Human Rights and recommendations of the European Commission on the efficiency of justice were analyzed.

The principle of reasonableness of the terms of consideration of the case by the court is aimed at ensuring the timely administration of justice. Non-observance of established procedural terms will be a violation of the rights and legitimate interests of a person, therefore, analysis of the establishment and application of the principle of reasonableness of terms is necessary.

The term is considered reasonable, if the time provided is sufficient, taking into account the circumstances of the case, for the execution of a procedural action, and corresponds to the task of civil proceedings.

The article discusses the criteria for determining the reasonableness of terms, which is relevant for the administration of justice both in Ukraine and in foreign countries. Having considered the legal positions in the decisions of the ECtHR, it was concluded that the establishment of a reasonable period in the behavior of the applicant and the relevant authorities. Thus, ensuring the principle of reasonableness by the court is quite a difficult task, because it requires taking into account all circumstances (both objective and subjective factors).

Unsatisfactory organization of the court process is seen as the reason for the violation of the procedural terms, since neglecting the study of the case, improper study of the materials, untimely notification of the participants at the preparatory stages causes an increase in the time of consideration of the case, because subsequently the meetings are repeatedly postponed.

An analysis of the recommendations of the European Commission on the efficiency of justice was carried out, on the basis of which a solution to the problem of too long consideration of cases was proposed for the implementation of quality monitoring and a reliable analysis of the time of consideration of civil cases, the number of courts considering these cases, their workload, etc.