EUROPEAN STANDARDS OF THE RIGHTS OF THE PARTIES TO THE CASE IN THE APPLICATION OF CIVIL ACTION ENFORCEMENT MEASURES AND THEIR IMPLEMENTATION IN UKRAINE

Abstract

The article deals with the problems of applying in practice the civil procedural institution of securing a claim, the possibility of its extension to a wide range of circumstances. The grounds for interim measures satisfied by the court, as well as the issues of proving the need for their application in Ukraine and the EU countries, are highlighted. It is shown that although the institution of securing a claim contributes to the creation of optimal conditions for the real protection of the rights and legitimate interests of persons in civil proceedings, and namely the institution of securing a claim acts as a guarantee of the execution of a court decision, one cannot consider the meaning and essence of the definition of “interim measures” separately from such a fundamental concept as “a measure (form) of state coercion”, and the proportionality of the type of security is aimed mainly at protecting the rights of persons against whom measures are taken to secure a claim. The powers of the court to secure a claim in the civil process of Ukraine and the EU are considered, the current doctrinal provisions regarding the grounds and procedural order for securing a claim are analyzed, attention is focused on the essence of the discretionary powers of the court when taking measures to secure a claim. It is concluded that the application of measures to secure a claim should take place if there are grounds for this and justifications for the specified circumstances, taking into account the judicial practice of the EU countries as part of the need for judicial reform in Ukraine in the direction of ensuring its compliance with EU standards for potential member states.