THE CATEGORY OF REASONABLENESS IN CIVIL LAW

Abstract

The article examines the importance and role of valuation concepts in the system of civil law regulation. It is proved that due to its legal nature, the role and importance of valuation concepts in civil law are not unambiguous, there are both advantages and disadvantages of their enshrinement in civil law. Consolidation of valuation concepts in civil law allows the law enforcement agency to take into account the specifics of each case. The same evaluative concept may have different interpretations in different legal situations by the judiciary, taking into account the individual characteristics of the case. At the same time, the use of valuation concepts in civil law gives the judiciary discretionary powers, which gives it some freedom in regulating civil law relations. Such freedom is not unlimited and depends on objective (legal framework of Ukraine and international acts, principles and spirit of law) and subjective factors (internal convictions, legal awareness, moral principles and values of a judge, his skills and abilities). It is established that the evaluative concept of civil law is characterized by general and specific features that are determined by its legal nature. The functions of evaluative concepts of civil law are determined. In particular, the flexibility of legal regulation, saving the amount of civil regulations, social conditionality, overcoming gaps in legislation and individual approach to law enforcement, taking into account all the features of the legal case. The peculiarities of establishing the content of such an important for the civil process evaluation concept as a reasonable time are analyzed. It has been established that the European Court of Human Rights uses certain criteria for its correct understanding. Ukraine’s civil law also has its own criteria for reasonableness of time, which help a judicial body that decides a civil case to administer justice properly. The consideration of all these criteria in the examination of a civil case will determine the “reasonable time” for a particular case. It is concluded that the use of evaluative concepts in law enforcement by a judicial body is of great importance.