Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.40 N° 72
Enero
Junio
2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 72 (2022), 927-938
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 14/07/2021 Aceptado el 22/09/2021
Case Management in Ukrainian Civil
Justice: First Steps Ahead
DOI: https://doi.org/10.46398/cuestpol.4072.56
Iryna Izarova *
Yurii Prytyka **
Tetiana Tsuvina ***
Bohdan Karnaukh ****
Abstract
The article aimed to analyze case management in civil justice
in Ukraine. Ukraine is one of the members of the Council of
Europe and declares its integration path towards the European
Union. The Association Agreement between the EU and Ukraine
was signed in 2014 and requires the approximation of national
legislation, which led to reforms, covering various areas of
legal regulation. In the research, the comparative method was
used to analyze the legislative provisions of case management,
together with the structural method and the historical method to reveal
the background of the idea of case management in the past research of
Roman Law. The authors concluded that the deep historical beginnings of
case management are based on Roman law, and the idea of restoring this
phenomenon is fully reasonable today. Finally, the implementation of case
management in procedural legislation must be reassessed and adapted to
the complex of the rights protection system, helping to transform the role
of the court in the dynamics of the civil judicial process.
Keywords: civil justice; access to justice; the right to a fair trial; civil
procedure; procedural legislation.
* Professor, Law School, Taras Shevchenko National University of Kyiv. ORCID ID: https://orcid.
org/0000-0002-1909-7020
** Professor of Department of Civil Procedure, Law School, Taras Shevchenko National University of
Kyiv. ORCID ID: https://orcid.org/0000-0001-5992-1144
*** Associate Professor of Civil Procedure Department, Yaroslav Mudryi National Law University. ORCID
ID: https://orcid.org/0000-0002-5351-1475
**** PhD (Law), Assoc. Prof. of Civil Law Department, Yaroslav Mudryi National Law University, Ukraine.
ORCID ID: https://orcid.org/0000-0003-1968-3051
928
Iryna Izarova, Yurii Prytyka, Tetiana Tsuvina y Bohdan Karnaukh
Case Management in Ukrainian Civil Justice: First Steps Ahead
Gestión de casos en la justicia civil de Ucrania:
primeros pasos a seguir
Resumen
El artículo tuvo por objetivo analizar la gestión de casos en la justicia
civil de Ucrania. Ucrania es uno de los miembros del Consejo de Europa y
declara su camino de integración hacia la Unión Europea. El Acuerdo de
Asociación entre la UE y Ucrania se rmó en 2014 y requiere la aproximación
de la legislación nacional, que condujo a las reformas, cubriendo diversas
áreas de la regulación legal. En la investigación se utilizaron el método
comparativo para analizar las disposiciones legislativas de la gestión de
casos, junto al método estructural y el método histórico para revelar el
trasfondo de la idea de gestión de casos en la investigación pasada del
Derecho Romano. Los autores llegaron a las conclusiones de que, los
profundos inicios históricos de la gestión de casos se basan en el derecho
romano y, en la actualidad, la idea de restauración de este fenómeno es
plenamente razonable. Finalmente, la implementación de la gestión de
casos en la legislación procesal debe reevaluarse y adaptarse al complejo
del sistema de protección de derechos, ayudando a transformar el papel del
tribunal en la dinámica del proceso judicial civil.
Palabras clave: justicia civil; acceso a la justicia; derecho a un juicio
justo; procedimiento civil; legislación procesal.
Introduction
But you see, the courts don›t exist to give them justice - the courts
exist to give them a chance at justice (The Verdict, direct by Sidney Lumet).
Today, in the context of signicant paradigmatic shifts in the perception
of law and global changes in public relations, legislative reforms shall
reect the real aspirations to build a genuine area of European justice, and
Ukraine shall become an integral part of this process.
First, we want to draw attention to the very beginning of the court
proceedings, lied far away in the Roman law. For this, we will sketch up
the dierence in legis actiones of the most ancient court procedure and
the second procedure, which has completely changed the very idea of
the interrelation between a judge and parties. In our opinion, that may
be considered as a source of the late case management idea, which was
blossom especially successfully in Great Britain, place of greatest impact of
the praetorian Roman law.
929
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 927-938
Then we would like to describe the gradual introduction of the case
management in the national civil justice system of Ukraine. (Izarova and
Silvestri, 2018) This is one of the latest trends in the development of the civil
process and its benets are evident. With the help of modern technologies,
the court can manage the organization of consideration as eectively as it is
possible in each case.
The last research show that case management is not so modern,
(Cornelius and Van Rhee, 2018; Tsuvina, 2020) due to its grounds in
early German and Dutch civil procedure`s studies. As we see from the
ideas of Lord H. Wolfe, the principle of organizing a case review includes
the following components: the division of responsibilities between the
parties and the court in choosing a procedure for consideration of the case;
denition of specic terms for the conduct of procedural actions; observance
of proportionality in matters of court costs. As it was noted by J. Sorabji,
previous laissez-faire approach to case progression and party-control of
litigation could generate unnecessary cost or delay (Sorabji, 2014)
Traditionally in Ukraine, the approach functioning with an
authoritarian judge has been criticized as a Soviet Union heredity (Kroitor
and Mamnitskyi, 2019; Tsuvina, 2020); so advocacy and the transfer
of key roles to the parties are being introduced in the context of the
establishment of an independent legal process in our state that meets
the requirements of building a legal and democratic state. Anyway, it
not so easy to pass over an old traditional approach in judiciary.
During the preparation of the CPC in 2004, the main task of civil
justice was changed. In Article 2 of the CPC of the Ukrainian SSR in
1963, the task of civil proceedings was defined as protection of rights
and legitimate interests of individuals, legal entities, and the state
through comprehensive consideration and resolution of civil cases in
full compliance with the current legislation (as amended on January 23,
1981). This was the basis for the almost infinite power of a judge in the
Soviet process, which, to protect the rights and interests of individuals,
even went beyond the boundaries of the claims filed in the case.
Ukrainian legislators decided to move away from the Soviet
approach and to actively monitor the dynamics of the case and ensure
fair, impartial, and timely consideration and resolution of civil matters
in order to protect the challenged or contested rights and freedoms of
individuals and legal entities. That is, the main emphasis of the work of
the court was transferred to the consideration of the case, and not to the
protection of rights or interests, which is fully justified in civil cases.
Accordingly, the judge was limited only in the examination of claims
(namely: only on the request of individuals, within the limits of their
claims and on the basis of the evidence submitted by the participants
930
Iryna Izarova, Yurii Prytyka, Tetiana Tsuvina y Bohdan Karnaukh
Case Management in Ukrainian Civil Justice: First Steps Ahead
in accordance with Article 11), also he was deprived of the opportunity
to claim evidence or to appoint an examination (instead, the court
was supposed to promote the full and complete clarification of the
circumstances of the case as follows: explain their rights and obligations
to the persons involved in the case, warn about the consequences of
the commission or non-execution of procedural actions, promote the
exercise of their rights under Article 10).
Concepts of the CPC are due to the change of the main task of civil justice,
which should be eective in accordance with the CPC 2017. This testies to
the transition to a new law for the administration of justice in Ukraine and
the introduction of a new approach to determining the role of judges and
participants in the case in the organization of proceedings.
Accordingly, in the provisions of the new CPC, three components of
the principle of organization of the case can be distinguished: the decision
on the procedure of consideration of the case; establishment of the terms
of commission of procedural actions; and also, the determination of legal
expenses incurred by the parties.
1. Background of the Case Management in Roman
Law Procedure
The introduction of the formulary process, in addition to simplifying
proceedings resulted in the discovery of simplied and more convenient
means of praetorial inuence. On the contrary to the magistrate that
played a passive role in the legis actiones procedure, the formulary role
of the praetor became active, for example, the formulation of the formula
depended entirely on the praetor. This makes us think about comparison
with the case management in modern civil procedure in Europe.
If he refused to formulate the formula, then he stopped the progress of
the process and made the plaintis civil right insignicant. Consequently,
the praetor becomes a direct controller and litigant. Praetor could refuse to
make the formula in cases when it immediately becomes clear to him that
the plainti’s claim, although justied jus civile, is still but unfair.
Also, the praetor was able to inuence the relations between private
individuals through “administrative” means like administrative orders and
administrative regulations. If a person appeared to the praetor with a claim
that did not have a basis in civil law, but in the opinion of the praetor was
fair, he could make the corresponding formula and submit it to the judge’s
decision, assigning him to verify the actual data on the accusation of the
defendant. Thus, along with lawsuits based on civil law (actiones civiles)
there are praetorian actions (actiones praetoriae).
931
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 927-938
Sometimes the case was simplied: the praetor could apply “ction”
(the assumption or rejection of an existing circumstance that could not be
disputed). In particular, the judge was given an order to act as if there was
no certain circumstance (if the person lost his ability to act, this fact should
not be considered when it comes to repayment of the debt).
In both the legis actiones procedure and in the formulary procedure
there was a demand for the presence of both parties at the beginning of the
proceedings, there was no proceedings in absentia. The ocial summons
to court did not exist, the plainti himself provided the presence of the
defendant in court. For this purpose, the previous measures remained, but
the defendant’s presence provided by force was replaced by a ne.
As a rule, the parties conducted the process personally but there was
also procedural representation. There were two types of representatives:
the cognitor and the procurator. A cognitor is a formal representative
appointed by the principal in the presence of the opposite side after which
he replaces the principal completely. Gaius states:
(I. 4.83) Moreover, the attorney in an action is appointed by prescribed forms
of words in the presence of the adverse party. The plainti appoints an attorney as
follows: “Whereas, I am bringing an action against you (for example) to recover
a certain tract of land; I appoint Lucius Titius my attorney against you in this
matter.” The adverse party makes his appointment as follows: “Whereas, you have
brought an action against me to recover a tract of land, I appoint Publius Mævius
my attorney against you in this matter.” The plainti may make use of the following
words: “Whereas, I desire to bring an action against you, I appoint Lucius Titius
my attorney in this matter.” The defendant says: “Whereas, you desire to bring an
action against me, I appoint Publius Mævius my attorney in this matter.” It makes
no dierence whether the attorney appointed is present, or absent; but if an absent
person is appointed, he will only become the attorney if he accepts and undertakes
the duties of the oce (Gaius institutions. Text and trans. F. Dydynsky. Warsaw,
1892. XL, 540).
The principal for such representation could no longer le the same
suit for the second time. The charge by the solution was addressed to the
principal and not to the cognitor.
Рrocurator was a representative who was appointed informally and even,
probably, without the knowledge of the opposite side. He could act in the
interests of one of the parties without any mandate. After the procurator’s
process the principal could bring an action against the same defendant
himself (therefore, the procurator demanded a guarantee of compensation
for the defendant in the case of double recovery). The recovery by the
prosecutor’s suit was addressed to him, and not to the party he represented.
Subsequently, the dierences between such representatives as prosecutors
and cognitor disappeared.
932
Iryna Izarova, Yurii Prytyka, Tetiana Tsuvina y Bohdan Karnaukh
Case Management in Ukrainian Civil Justice: First Steps Ahead
In the formulary procedure, the means of proof were more eective
than those used in the legis actiones procedure. Means of proof were
statements of the parties and testimonials; testimonies of witnesses (their
number was not limited); written documents, which in the rst place were
the testimony of witnesses, recorded earlier, documents, stipulations,
contracts, hereditary documents, accounting books. It should be noted that
in the classical period there were documents of an ocial character. This
led to the creation of special books, which contained records of legal facts,
in particular, it is known that there was a real estate cadastre in Egypt, and
from the age of Augustus the Romans recorded the births. Also, the means
of proving were inspections of the object by a judge and expert opinions.
The evidence was provided by the parties and should have been based
solely on the facts; the judge was free to evaluate the evidence presented by
the parties.
Following the outcome of the case, a decision was made (sententia),
which could not be appealed in our understanding of the word. At the same
time, the plainti could contest the validity of the decision and request
the appointment of a new judge. The defendant could contest the decision
about seizure by suit.
The value of the decision was that it completely resolved the disputed
legal relationships, was binding and unconditional. The decision
established a new obligation between the parties instead of procedural legal
relationships. The nal decision was a guarantee against further contesting
the law.
If the decision was of “not guilty”, then all legal relations stopped. If the
decision was of “guilty”, then the issue of seizure was raised. The tool for such
a penalty was an executive action or action judicati. The period of 30 days
had to pass between the decision and the action judicati for the defendant
to voluntarily decide. After 30 days the debtor`s property manager began
selling all the property, even if its value was signicantly higher than the
amount of the debt. In certain categories of cases, a procedure for the sale
of property was foreseen. Subsequently such a form of forced execution
became obligatory.
To briey summaries, we may mention the following: the most relevant
today issue is the magistrate or judge acquired the functions of control
or organization of hearing of the case. This is the heart of the idea of case
management in procedure, which may be a perfect ground for all the further
national civil procedure models of Europe.
933
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 927-938
2. Choosing the Order of the Case Consideration
According to the law, the judge decides on the determination of the
procedure for reviewing the case, namely, general or simplied. (Izarova
and Flejszar, 2018) The ability to initiate simplied proceedings, however,
still belongs to the plainti, in accordance with Article 184 (2) of the CPC, as
well as Article 276, which is virtually duplicated. At the same time, Article
277 (1) states that the court itself decides on the consideration of a case in
the form of a simplied procedure in a ruling on opening of proceedings in
a case (small or labour); and only in accordance with Part 2 - in all other
cases it is done in view of the consideration of the relevant petition. That
is, the court has quite vast powers to decide in which order the case will be
considered. We should immediately note that the ruling in which the court
decides on the procedure for reviewing the case – general or simplied – is
not challenged separately from the nal decision of the court.
The court also has the right to decide whether to appoint a court
hearing in a simplified proceeding, in accordance with Article 279,
paragraph 5, the court will consider the case in a simplified procedure
without notice to the parties on the materials available in the case, in
the absence of a petition of either of the parties. In resolving this issue,
in accordance with the CPC, the court takes into account the price of the
claim, its category and complexity, as well as the method of protection,
the category and complexity of the case, the evidence, necessity of expert
examination or summon witnesses, the parties and other participants
in the case; if there is a public interest, the value for the parties and
their opinion concerning the simplified procedure.
These conditions are important for solving a case. In particular, the
importance of considering a case for the parties should really have an
impact on the choice of the procedure for the protection of rights, so
the question of taking into account the opinion of the parties on the
consideration of the case in the order of simplified proceedings should
be raised. In order to protect their rights, applicants will choose the
most effective procedure – simplified, which will allow them to optimize
costs and time, or general, which will enable them to use all available
tools to achieve the result. At the same time, the simplification should
not mean narrowing or reduction of the rights of the persons involved in
the case, but only the right to choose the procedure for consideration of
the case and the protection of their rights. This choice must be ensured
by law, agreed upon between the parties and the court, which is more
in line with the proposed principle of cooperation of judge and parties.
934
Iryna Izarova, Yurii Prytyka, Tetiana Tsuvina y Bohdan Karnaukh
Case Management in Ukrainian Civil Justice: First Steps Ahead
3. Organization of the Сase Сonsideration in a Timely Manner
The second component of the organization of consideration of the
case is connected with the equally actual problem of the duration of legal
proceedings. According to the CPC 2004, reasonable time was provided for
the consideration of a civil case, but not more than two months from the
date of opening of the proceedings. Reduced terms were set only for two
categories of cases, which are alimony and labor disputes. The CPC 2017
secures the principle of the reasonableness of the terms of consideration of
the case by the court. Accordingly, a reasonable period of consideration is
provided for simplied proceedings, but not more than sixty days from the
date of opening of the proceedings.
The following time limits are foreseen for the general proceedings:
the court must begin the examination of the case on the merits no later
than sixty days from the date of opening of the proceedings, and, in case
of extension of the preparatory proceedings, no later than the next day
after the expiration of such term; the court should consider the case on the
merits no later than thirty days from the date of the beginning of the trial
on the merits. According to Article 189, preparatory proceedings must be
held within sixty days of the opening of the proceedings, but in exceptional
cases, in order to properly prepare the case for substantive consideration,
this period may be extended by no more than thirty days at the request of
one of the parties or by the initiative of the court. Thus, proceedings in the
case may take about 120 days or 4 months: the preparatory proceedings
may take 90 days, then 30 days to consider the case on the merits.
The judge, in accordance with the provisions of the new CPC, even
received more power: in accordance with Article 121, he should establish
reasonable time limits for the conduct of procedural actions. Procedural
terms in national legislation have always been divided into two types: the
ones established by law and those established by court. According to the new
CPC, the court should set such terms as submission of written applications,
etc. However, there are some weaknesses in the new CPC the provisions of
part 7 Article 178, according to which a revocation shall be submitted within
the period set by the court, but not later than fteen days from the date of
delivery of the decision on the opening of the proceedings.
This term must simultaneously allow the defendant to prepare this
revocation and the relevant evidence and allow other participants of the
case to receive a revocation no later than the rst preparatory meeting in the
case. According to Articles 179 and 180, the plainti and the defendant are
also entitled to exchange the response to the revocation and the objections
in time set by the court, but before the start of the trial on the merits. That
means that, on the one hand, the basis for the cooperation between the
court and the parties is created, but, on the other hand, it is hardly possible
935
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 927-938
to foresee this without exceeding the deadlines in advance. It is likely that
the exchange of such documents out of court sessions by agreement between
the parties during the time limit set by the court would be the best way.
4. Inuence on Court Costs
During the reformation of civil justice, the approaches to judicial control
of the distribution of court costs also went through some changes. For the
rst time in the CPC 2017, the rule on reimbursement of the court costs
of the party in whose favour the judgment was made, was established in
the form of a principle (Article 3 part 2). At the same time, the procedure
for determination the size of these court costs and their payment and
distribution was signicantly complicated.
In particular, in accordance with Articles 134-135, each party must
determine in its rst application what legal costs it has incurred and
which it intends to incur in connection with the consideration of the case;
the court may accordingly oblige the parties to enforce the court’s costs.
The court received the relevant instruments of inuence on the behavior
of the parties to the case, in particular, when deciding on the allocation
of costs and expenses, it may consider the behavior of the parties during
the proceedings that led to the delay of the proceedings, including ling
clearly unreasonable applications and petitions, unfounded allegations
or objections to certain circumstances relevant to the case, unreasonable
overstatement of claims by the plainti, etc., as well as the actions of the
party in relation to the pre-trial settlement of the dispute and the peaceful
settlement of the dispute during the consideration of the case, the stage of
consideration of the case in which such actions were committed.
Under the current CPC, the court even has the right to oblige the party to
pay all the legal costs in full or in part regardless of the outcome of dispute
resolution in the case of misuse of procedural rights by this party or its
representative, or if a dispute arose as a result of improper actions.
The behavior of the parties in the trial may also be aected by applying
a ne as a coercive measure (in accordance with Articles 144 and 148 of
the CPC). Among the grounds for its application are non-compliance with
procedural obligations, in particular, evasion from the commission of
actions imposed by the court on the party to the trial; abuse of procedural
rights, commission of acts or assumption of inactivity in order to interfere
with legal proceedings; failure to inform the court of the impossibility to le
evidence requested by the court or failure to submit such evidence without
good reason, etc.
936
Iryna Izarova, Yurii Prytyka, Tetiana Tsuvina y Bohdan Karnaukh
Case Management in Ukrainian Civil Justice: First Steps Ahead
Such powers of the court, established by the CPC 2017, provide it with
the opportunity to eectively inuence the behavior of the parties in the
process, enhance its role in the dynamics of the case, and assist in the
proper organization of the case.
Thus, in general, the introduction of a new principle in the organization
of case studies in the legislation will help to ensure the eciency of legal
proceedings. Given the fact that there is some bias about judicial control
over the dynamics of the process in Ukraine, it is necessary to specify more
precisely the goals and criteria for the use of specic powers of the judge, in
particular, when resolving the issue of the distribution of court costs, etc.
For eective consideration of the case, it is necessary to ensure not only
loyal cooperation between the judge and the parties, but also between the
parties of the dispute, impose certain procedural obligations on them. This
includes the disclosure of evidence, the exchange of competitive papers,
the service of judicial documents, etc. Thus, participants in the process
can be inclined to organize interaction, which will likely lead them to a
more compromise solution. At the same time, the court can be relieved
from some functions that are not directly related to the administration of
justice. The judge’s control over the organization of interaction between the
parties to the dispute is sucient to ensure the dynamics of the process of
its consideration and resolution.
Conclusion
The desirable membership of Ukraine in the EU cannot overshadow
the need to ensure eective protection of the rights of citizens, increase
condence in the judiciary and the establishment of the work of enforcement
of judgments, which, with the proper denition of the ECHR, is an integral
part of the process of protection and restoration of rights.
The views expressed in this project reect the evolutionary step towards
a person appealing to the court within the EU internal market. And right
now, we are witnessing remarkable events when the joint European
Community launches the introduction of common minimum standards for
the civil process.
The future Single European Union Code of Civil Procedure has already
been identied in the Community documents, which once again conrms
the correctness of its conclusions and proposed approach. Ukraine, as an
integral part of Europe, in the light of future membership in the EU, should
borrow best practices without losing the benets of a national approach to
the administration of justice in civil matters.
937
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 927-938
Therefore, the implementation of case management in Ukrainian
procedural legislation should be reassess and t with the complex of
national system of rights protection. In particular, it is worth redening the
role of the court in the dynamics of the process. It is designed to administer
justice and to guide the course of the case, and there must be a driving force
behind the parties who are interested in the result.
Therefore, it is possible to leave the court with the authority to organize
and control the progress of the case, and to oblige the parties to provide
the necessary elements, such as delivery of documents, disclosure of
evidence, exchange of written statements, etc. The court, by establishing
the procedural deadlines for the performance of these duties, will inuence
their behavior by applying procedural coercive measures, as well as
considering the distribution of court costs and the settlement of a case.
Bibliographic References
5
CASE USTYMENKO V. UKRAINE. 2015. Available online. In: http://zakon.
rada.gov.ua/laws/show/974_b27. Date of consultation: 15/06/2021. (in
Ukrainian)
CIVIL PROCEDURAL CODE OF UKRAINE. 2004. Available online. In: http://
zakon0.rada.gov.ua/laws/show/1618-15/ed20040318/print. Date of
consultation: 15/06/2021. (in Ukrainian)
CORNELIUS, H; VAN, Rhee. 2018. Case Management in Europe: A Modern
Approach to Civil Litigation. Kyiv, Ukraine.
GARCÍA GARRIDO, Manuel. 2005. Derecho Privado Romano (Instituciones).
Ediciones académicas. Madrid, España.
IZAROVA, I; SILVESTRI, E. 2018. Case management principle in civil justice: a
comparative study of the legislation of Italy and Ukraine. Kyiv, Ukraine.
IZAROVA, I; VEBRAITE, V; FLEJSZAR, R. 2018. Case management in civil
procedure law: comparative studying of Lithuania, Poland and Ukraine.
Kyiv, Ukraine.
IZAROVA, Iryna; FLEJSZAR, Radoslaw. 2018. Summaries of the conference
“Small claims procedure: the European and the Ukrainian experience.
Holos. Kyiv, Ukraine.
5 In some cases, only the initial of the name of the cited authors is included because it appears in the
original source, and it was not possible to locate their full name.
938
Iryna Izarova, Yurii Prytyka, Tetiana Tsuvina y Bohdan Karnaukh
Case Management in Ukrainian Civil Justice: First Steps Ahead
IZAROVA Iryna. 2014. Judicial Reform of 1864 on the Territory of the
Ukrainian Provinces of the Russian Empire and Its Importance for the
Development of Civil Proceedings in Ukraine. Norma. Kyiv, Ukraine.
IZAROVA Iryna. 2020. Sustainable Civil Justice Through Open Enforcement –
The Ukrainian Experience Studying. Karma. Kyiv.Ukraine.
IZAROVA, I. 2019. Legal aid in civil proceedings: who is responsible to. Available
online. In: https://amazoniainvestiga.info/index.php/amazonia/
article/view/601. Date of consultation: 15/12/2020.
LAVRENOV V. UKRAINE, COURT DECISION. 2018. Available online. In:
http://hudoc.echr.coe.int/eng?i=001-180941. Date of consultation:
15/12/2020.
KOMAROV, Tsuvina. 2021. The Impact of the ECHR and the Case law of the
ECtHR on Civil Procedure in Ukraine. Omega editions. Kyiv.Ukraine.
PRINCIPLES OF TRANSNATIONAL CIVIL PROCEDURE. (ALI / UNIDROIT).
2004. adopted by the American Law Institute (ALI) in May 2004
and by the International Institute for the Unication of Private Law
(UNIDROIT). 2004. Available online. In: https://www.unidroit.org/
english/principles/civilprocedure/ali-unidroitprinciples-e.pdf. Date of
consultation: 15/12/2020.
SORABJI, John. 2014. English Civil Justice after the Woolf and Jackson
Reforms: A Critical Analysis. Cambridge University Press. London,
United Kingdom.
TSUVINA, T. A. 2020. Case Management Concept: Foreign Experience
and Prospects for Implementation in Ukraine. Available online. In:
http://lsej.org.ua/1_2020/20.pdf. Consultation date: 10/10/2021. (in
Ukrainian)
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en enero de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 72
