Determinants of the formation of the system of constitutional principles of civil proceedings

The article provides a thorough analysis of existing scientific views of individual scholars on the determinants of the formation of the system of constitutional principles of civil proceedings and presents the author’s view on this issue. The statement of the problem indicates the limited development of the issue under study among scientific communities of proceduralists and requires new fresh views to define the system of constitutional principles of civil proceedings. Factors contributing to the formation of a system of constitutional principles of civil justice are proposed, which are divided into the following groups. The first group consists of factors of a substantive legal nature. The second group consists of factors that reflect constitutional and other general legal and social values. The third group consists of factors of a procedural nature that directly affect the effectiveness of the system of principles of civil proceedings itself. Factors that determine the mechanism of judicial protection have been identified. These include the need for a balance between the active powers of the court and the passivity of the participants in the judicial process. Attention is also drawn to the factor determined by the importance of granting participants in the judicial process the right to appeal court decisions and developing effective procedural means of its implementation, along with ensuring the finality of court decisions that have entered into legal force. In addition, there are factors of external influence on the system of principles of civil procedure, which directly affect national procedural systems. Considering the problems under discussion and the scientific justification of the factors contributing to the formation of a new system of constitutional principles of civil procedure, it seems justified to highlight historical, cultural, political and legal factors. These factors operate at the level of multi-century legal consciousness and inviolable legal traditions of the Ukrainian people and, in part, still determine the success of reforms in the state. It has been noted that the level of legal culture is important. A low level of trust in state and legal institutions, and in particular in the courts and the parties, gives rise to formalised requirements for the conduct of civil proceedings.