SIMPLIFIED PROCEDURE: FOREIGN EXPERIENCE

Abstract

The article examines the experience of some foreign countries in implementing the proceedings of simplified procedure. One of the most common expedited methods of conducting justice in the world is the so-called summary proceedings, which, obviously, comes from the English word “summary”, which means short, brief, and abbreviated. Summary procedures (or proceedings) have some similarities with mandatory and simplified proceedings in the domestic law. The main peculiarity of the summary proceedings consists in the fact that the decision on a particular case is carried out without any court hearing based on analysis of the reliability, admissibility of evidence and assessment of the positions of the parties at the preliminary stage of the process. However, the specific peculiarity, that is the written nature of the proceedings, does not exist in this case. It is due to an oral conversation included that the court conducts with the parties, so, following the previously stated argumentation in terms of clarifying the terminology, the summary proceedings are expedited regarding ordinary procedures, but not simplified. In the countries of the Anglo-Saxon legal family, there is also another specific form of acceleration of civil procedures, which is not common for the Ukrainian legal system that is a concerted decision. The concerted decision is an agreement between parties sanctioned by a court, and it takes an advantage of immunity regarding an indirect appeal (by an additional claim) to the same extent as a decision rendered by a court. The concerted decision is the final act, which concludes the consideration of the case as such. It has been established that in most developed countries of the world the model of the course of justice in civil cases provides for a plurality of expedited procedures, each of which is intended to consider a separate category of cases. In some countries, in order to denote such a type of procedures, they use the general word “particular”, as, for example, in France – procedure particulieres, emphasizing their uniqueness and special peculiarities. In many countries, such special procedures include a procedural mechanism, which is similar to the domestic system of mandatory procedures.