Review

In the article the author carried out the scientific analysis of some provisions of the new Civil Procedure Code of Ukraine through the prism of the European court of human rights, in particular in the context of the interpretation of the right to "court established by law" as an integral element of the right to a fair trial. Special focus on changing the emphasis on approaches to the definition of civil jurisdiction and the appearance of its new species. Expressed own position on legislative search for ways of preventing the "conflict" of court jurisdictions, and attention on the positive trends of modernization of civil procedural legislation.

The conclusion about disputes with the price of a claim that does not exceed one hundred living wage for employable persons automatically fall into the category of minor cases and are to be considered only in the form of a simplified lawsuit. The summary is based on the analysis of the provisions of the new draft CPC . If we talk about the cases of minor complexity, we should mention that the question of assigning them to insignificant is the discretion of the court. (It is worthwhile to note that the definition of “insignificant complexity” is an appraisal category. The realization of such categories always has certain risks). The exceptions of this situation are cases, which 1) are to be considered only in accordance with the rules of general proceedings, 2) the price of a claim exceeds five hundred sizes of subsistence minimum for employable persons.

It is noted, that the detailed regulation of civil jurisdiction by the criterion of the subject of the dispute indicates the attempts of the legislator to clearly define and thus differentiate the competence of courts of different specializations. Currently, civil disputes (in their broadest sense) are characterized by the complexity and stratification of various relations, which also causes controversy in the choice of a "competent" court. Therefore, it seems necessary to choose not to clarify the definition of jurisdiction, but to introduce the possibility and rules of alternative jurisdiction.  This idea is developed by domestic researchers. In case of its implementation, it is able to guarantee the person the right to access to justice and to the “the court, which is established by law”.

Keywords: court, civil proceeding, civil jurisdiction, accessibility of justice, legal court, competent court.