SIMPLIFIED CLAIM PROCEEDINGS IN CIVIL PROCEDURE AS A TOOL FOR PROTECTING THE NON-PROPERTY RIGHTS OF AN INDIVIDUAL IN CIVIL LEGAL RELATIONS

Abstract

The purpose of the article is to provide a comprehensive legal analysis of simplified claim proceedings in the civil procedure of Ukraine as an instrument of judicial protection of the non-property rights of an individual in civil legal relations, to clarify the criteria of admissibility and the limits of its application in the relevant category of disputes, to identify problems of law enforcement (in particular, the risks of formally classifying non-property disputes as “minor cases”), and to develop practical recommendations for ensuring a balance between procedural economy and the guarantees of a fair trial. Research methods: the study employs a set of general scientific and special legal methods. In particular, the methods of analysis and synthesis are used to examine the provisions of the Civil Procedure Code of Ukraine and doctrinal sources; the formal legal method is applied to interpret procedural rules regarding the grounds and procedure for hearing cases under simplified proceedings; the comparative legal method is used to correlate national approaches with general fair-trial standards and the practice of applying proportionality criteria; the systemic approach serves to consider simplified proceedings as an element of the mechanism of judicial protection of rights in civil legal relations; and the generalization method is used to formulate recommendations taking into account typical practical situations. Results: the legal nature of simplified claim proceedings and its functional role in ensuring prompt and effective protection of personal non-property rights are analyzed. With due regard to the specifics of non-property disputes, the article focuses on how instruments of procedural economy (written proceedings, shortened time limits, and procedural restrictions) affect the practical effectiveness of protecting such rights as honor and dignity, business reputation, privacy, personal data protection, image rights, and family-related non-property rights. Criteria for choosing the procedure (proportionality, complexity of the dispute, significance of the case for the parties, the need for an oral hearing, and the nature of the evidentiary basis) are identified, and the risks of lowering adversarial standards and the reasoning quality of court decisions in the case of formal application of the simplified procedure are outlined. Practical ways to improve application are proposed: proper reasoning of the ruling on choosing the simplified procedure; ensuring the parties’ right to initiate a transfer to ordinary proceedings; more active use of remote participation formats as an alternative to adjournments; and identifying indicators of increased complexity in non-property disputes to unify approaches. Discussion: criteria and grounds for applying simplified claim proceedings; guarantees of adversarial procedure, the right to present evidence, and the right to receive a reasoned decision in non-property disputes; determining “minor cases” in disputes without a pecuniary dimension; the relationship between the speed of adjudication and the quality of judicial protection; and practical approaches to unifying judicial practice in disputes concerning the non-property rights of an individual in civil legal relations.