Оral hearing of a civil case in the context of the right to a fair trial

Abstract

The urgency of the problem under investigation is that the Civil Procedure Code of Ukraine, as of October 3, 2017, introduces new simplified proceedings and forms of proceedings in the courts of first and higher instance. These changes have, to some extent, narrowed the use of oral hearings when considering and reviewing a civil case. The aim of the article is to determine the peculiarities of the legal regulation of civil procedural relations related to the conditions and procedure of oral hearing when considering a civil as an element of the exercise of the right to a fair trial. The main method of the research is a comparatively legal method, which identifies the positive features and weaknesses of the current CPC of Ukraine in terms of regulating oral hearings and limiting them when considering civil cases and relevant jurisprudence of national courts of Ukraine in comparison with the guarantees of the European Convention for the Protection of Human Rights and fundamental freedoms and the case law of the European Court of Human Rights and other international standards of civil justice. The main results of the study are revealing rather high detailisation of the conditions of oral hearings in civil case, their limitations, sufficient legal capacity of participants of a case to present their arguments to the court during oral court hearings. The authors state a rather high level of implementation of international standards of civil justice in the civil procedural law of Ukraine regarding the regulation of the right to oral hearings and exceptions to this right. The findings can be used by scholars in the field of law to further investigate oral hearings as the main procedural form of civil litigation and resolution. The proposals made by the authors of the amendments to the civil procedural legislation, if implemented, will contribute to improving the efficiency of civil justice, ensuring timely, fair and impartial consideration and resolution of civil cases