PROBLEMS ASPECTS OF CODIFICATION OF THE INTERNATIONAL CIVIL PROCESS

Abstract

The growing dynamics and effectiveness of the codification of the international civil process are phenomena determined by the objective patterns of the development of manifold international cooperation entailing the unification and evolution of the relevant legal superstructures, including judicial protection mechanisms. The unification of the international civil process along with the convergence and harmonization of civil procedural law are hindered by the fact that the civil process has a pronounced national and conservative character, due to which the degree of legal expertise in a particular state can become an obstacle to harmonization. Despite this, international organizations and interstate associations have introduced a significant number of international legal acts of a normative nature and advisory documents on the issues of special procedures of civil proceedings, recognition and enforcement of foreign court decisions, as well as on mutual assistance within the framework of civil proceedings in issues related, in particular, to gathering evidence and bringing court documents to the attention of their recipients. Moreover, as a basis for the harmonization of European legislation on civil procedure, the Model European Rules of Civil Procedure have recently been approved, which cover the entire civil process and are characterized by integrity and a balanced degree of adaptability to national law. In the light of the European integration course of Ukraine, aligning the legislation of Ukraine on civil proceedings with these harmonized rules of civil procedure is inevitable, which makes it necessary to study them profoundly, as well as to take them into account when applying the current provisions of the legislation of Ukraine on civil proceedings and, eventually, to make relevant legislative decisions.