Interrelationship between ratability principles and compensation of the party’s litigation expenses in behalf of whom the judgement is issued within civil judiciary of Ukraine

The article is focused on studying the legal nature of ratability principles and compensation of litigation expenses of the party in behalf of whom the judgement was issued within civil judiciary of Ukraine, their relationship in the system of basic principles of civil legal proceedings, as well as considering certain aspects of these principles’ integration into the institution of litigation expenses. The author of the article has studied the doctrinal provisions in regard to the legal nature of the principles of ratability and compensation of litigation expenses of the party in behalf of whom the judgement was issued, in the context of historical tendencies for the systematization and transformation of the basic principles of civil legal proceedings, whose source of the formation is the European Court of Human Rights. The author has substantiated the expediency of the normative form of enshrining the principles of ratability and compensation of litigation expenses of the party in behalf of whom the judgement was issued, which serves to civil legal proceedings optimization. The author has supported the scientific position in the plane that the normativity degree of the basic principles of civil legal proceedings, namely their consolidation in the legislation as principles-norms, affects the effectiveness of their application within law-enforcement activities, as well can be a guideline in law-making activities in view of the content precision of such basic principles. It has been argued that the principle of compensation of litigation expenses to the party in behalf of whom the judgement was issued is characterized by a number of functions inherent in the basic principles of civil legal proceedings, is integrated into law norms of both an individual institution (the institution of litigation expenses) and in interrelationship with other principles of civil legal proceedings serves to determine the procedural form of hearing and resolving civil cases, as well as performs a regulatory and interpretative function regarding the norms of civil procedural legislation. Based on the systematic analysis of the provisions of the Civil Procedural Code of Ukraine, the author has proved that the principle of litigation expenses compensation to the party in behalf of whom the judgement was issued in the context of regulatory function, as the basic principle, should be considered within interrelationship and interdependence with other principles of civil legal proceedings, in particular the principle of ratability.