PROBLEMS OF APPLICATION OF THE ADDITIONAL DECISION INSTITUTE IN A CIVIL PROCESS

Abstract

The article examines the current state of legislation and judicial practice of applying the institution of additional judgment.

The author focuses attention on the problems of application of this institution, which arise in the court and the parties to the civil process.

The institution of an additional decision in a civil process is an important element of the legal system, which provides the possibility of supplementing court decisions in cases where certain aspects of the case remain unresolved or require additional consideration. This institution plays a key role in ensuring fairness and legal certainty, allowing parties to obtain a full and comprehensive judicial decision.

The application of the institution of an additional decision is regulated by Article 270 of the Civil Procedure Code of Ukraine, which provides for the possibility of adopting an additional decision by the court at the request of the parties to the case or on the courtʼs own initiative. This can happen in cases where a decision has not been made on a certain claim, on which the parties have submitted evidence and given explanations, or when the court has not decided on the issue of court costs or other aspects of the case.

Despite the importance of this institute, its application is accompanied by a number of problems and challenges. One of the main problems is insufficient determination of legal norms regulating the procedure for passing additional decisions. This leads to ambiguous interpretation and application of norms in practice, which can cause legal uncertainty and violation of rights of process participants.

In addition, there are problems related to the procedural aspects of making additional decisions. For example, the issue of deadlines for submitting an application for the adoption of an additional decision, the procedure for submitting evidence for the recovery of court costs. The lack of clear procedural norms can lead to a delay in the process and an increase in the burden on the courts.

An important aspect is also the issue of the effectiveness of additional decisions in the context of ensuring the rights and interests of the participants in the process. Additional decisions should contribute to the achievement of justice and legal certainty, however, in practice, their application may be complicated due to various factors, such as insufficient training of judges, lack of proper legal regulation, and others.

Thus, the study of the problems of the application of the institution of an additional decision in the civil process is an urgent and important task that requires a comprehensive analysis and development of recommendations for the improvement of legal regulation and the practice of its application. This will allow to ensure effective protection of the rights and interests of the participants in the process, contribute to the improvement of the quality of judicial proceedings and strengthening of the legal system as a whole.

The results of the research can be useful for the practical work of courts and other participants in the legal process, who have to make an additional decision.