THE PROBLEMATIC ASPECTS OF THE PRINCIPLE OF REASONABLENESS OF TERMS OF CONSIDERATION OF THE CASE BY THE COURT IN THE CIVIL PROCEEDINGS OF UKRAINE

Abstract

The article is devoted to the study of the problematic aspects of the principle of reasonableness of the terms of consideration of the case by the court in the civil proceedings of Ukraine. It consists of an introduction, two chapters, conclusions and references. The purpose of the article is to solve the problematic aspects of the principle of reasonableness of the terms of consideration of the case by the court in the civil proceedings of Ukraine on the basis of the analysis of scientific views, theoretical provisions and legislation. Methods. The work uses dialectical and systemic approaches to scientific knowledge, as well as such research methods as logical-semantic, axiomatic, hermeneutic, dogmatic (formal-logical), analysis and synthesis. Results. The development of scientific teaching regarding the formulation of the definition of “reasonable terms”, as well as their importance for civil justice, is studied. The application of the complex method to the existing points of view of scientists allows us to distinguish the following types of them. The first unites those who characterize the specified definition, revealing a general vision regarding the timeliness of the exercise of personal procedural competences by each participant in the judicial process. The second type summarizes those that emphasize specific features of the reasonableness of terms. And, finally, the third type includes scholars who define the time interval between the end and the beginning of the exercise of the right to protect the person as a fundamental part of the reasonableness of the terms. The results of the article are a comprehensive study of the principle of reasonableness of the terms of consideration of the case by the court in the civil justice of Ukraine and, based on this wording, its author’s definition. Conclusions. Conclusions were made about the further actualization of this issue. It is proposed to consider the principle of reasonableness of the terms of consideration of the case by the court in the civil procedural law of Ukraine as one of the most general, basic provisions of civil justice, which determines the terms in which impartial, fair and timely resolution and consideration of civil cases is carried out with the aim of effective protection of disputed, unrecognized or violated interests of the state, interests and rights of legal entities, interests, freedoms or rights of natural persons.