Limits of application of simplified claim proceedings in civil procedure: protection of the defendant's rights

Abstract

The article is devoted to a comprehensive study of the legal regulation of simplified legal proceedings. It explains the concept of a "minor case" in the current Civil Procedure Code of Ukraine, the criteria for its definition, and the grounds for a mandatory transition to general legal proceedings. The paper considers the procedural restrictions that arise in simplified proceedings, such as shorter time limits for filing a defense, the absence of a preparatory hearing, the possibility of hearing the case without notifying the parties, and restrictions on oral arguments.

The study uses the case law of the Supreme Court and analyzes the European Court of Human Rights standards regarding access to justice and the proportionality of procedural restrictions. Systemic gaps are identified, and ways to eliminate them are proposed.

The study examines the specific features of the functioning of the institution of simplified claim proceedings as a mechanism for optimizing judicial consideration and ensuring procedural economy. The provisions of civil procedural legislation concerning the definition of minor cases, as well as the discretionary powers of the court when deciding on the application of the simplified procedure, are analyzed. Particular attention is paid to the Decision of the Constitutional Court of Ukraine of 22 November 2023 concerning the guarantee of the right to judicial protection in minor disputes and the subsequent legislative amendments in this area.

It is substantiated that certain features of simplified claim proceedings may create risks for the defendant’s exercise of the right to an effective defence, especially in cases where disputes that are complex by their nature formally meet the criteria of minor cases. It is established that the possibility of examining a case without summoning the parties, the absence of judicial debates, and the broad discretion of the court in determining the procedure for consideration may negatively affect the implementation of the principles of adversarial proceedings and equality of arms.

The article proposes directions for improving civil procedural legislation aimed at strengthening the procedural guarantees of the defendant, clarifying the criteria for determining the complexity of cases, and ensuring an appropriate balance between procedural efficiency and the individual’s right to a fair trial.