SMALL CLAIMS IN CIVIL PROCEDURE: DIRECTIONS FOR SIMPLIFYING JUDICIAL PROCEEDINGS

Abstract

The article provides an analysis of directions for simplifying judicial procedures in small claims civil proceedings. It examines the key aspects of maintaining balance between procedural simplification and safeguarding procedural guarantees of the right to a fair trial, particularly focusing on the principle of proportionality, which establishes an assessment algorithm for determining whether limitations and simplifications align with legitimate objectives. The paper explores accessibility features of legal assistance in small claims cases and, based on the Committee of Ministers of the Council of Europe’s position, proposes criteria for distinguishing between legal representation and legal consultations as a more limited form of legal services. Additional arguments supporting self-representation in small claims cases are presented. The article analyzes legal regulation of certain aspects of simplified procedures for small claims in the civil procedural legislation of selected European countries and the United States, identifying key trends and distinctive features. The research establishes that in most European countries, the financial threshold for appeals is significantly lower compared to Ukrainian legislation, particularly regarding second instance appeals. The paper examines specific aspects of digitalization in small claims proceedings, highlighting specialized electronic platforms. Issues related to cross-border small claims proceedings in the EU context are also addressed.Based on the research findings, the article substantiates key requirements that small claims procedures must meet to ensure an appropriate balance between simplifying judicial procedures and maintaining procedural guarantees of the right to a fair trial. The author proposes directions for improving the Ukrainian model of simplified proceedings, including systematic application of the proportionality principle, expanding parties’ ability to influence the choice of proceedings, enhancing procedural information accessibility, and creating specialized electronic tools for filing applications and handling small claims cases. These recommended directions align with further harmonization of national legislation with European standards in the context of digital transformation of the judiciary and the prospects for cross-border cooperation in civil matters.