METHODOLOGICAL AND LEGAL PREREQUISITES FOR RECODIFICATION OF THE CIVIL PROCEDURE CODE OF UKRAINE: LEGISLATIVE ASPECT

Abstract

The article examines the problems of determining the methodological and legal prerequisites for the recodification of the Civil Procedure Code of Ukraine within the framework of the lawmaking aspect. According to the results of the study, the authors concludes that the recodification of legislation leads to institutional and sectoral changes in the legal system. From an ideological point of view, changes in the philosophy of the worldview of a specific procedure, approaches to ensuring legal regulation of the consideration and resolution of a dispute by a court. Recodification of procedural legislation, as part of the law-making process, concerns a change in the procedural form. A change in procedural legislation should be based on certain methodological and legal conditions that arise from the needs of such changes. In essence, they are nothing more than the consequences of a legal system that has acquired legal dysfunction under certain conditions. The methodological and legal prerequisites for the recodification of the Civil Procedure Code of Ukraine should be recognized as: common procedural and legal institutions in two procedural branches, namely: civil and commercial process; the abolition of the substantive regulatory act in commercial law – the Commercial Code of Ukraine as a result of the recodification of the Civil Code of Ukraine. As a result, de-regulation of norms occurred, namely, the legal regulation of procedural norms methodologically “sagged”, weakened, lost stability according to the signs of legal regulation (social significance, relationship with substantive law, etc.), and the legal connection with civil process, on the contrary, strengthened, which prompted the need for a new unification horizon; EU civil procedural legislation has a standard and practice of unifying civil and commercial processes towards civil legislation; Ukraine’s obligations within the Association Agreement, which partly forms the process of adapting Ukrainian legislation to EU legislation; doctrinal aspects of methodological and legal development of tools in the comparativist conditions of implementing judicial recodification policy; broader sectoral coverage of doctrinal research areas in the civil process, etc.