Grabovska O. Specifics of legal regulation of state authorities and local government bodies’ participation in civil proceedings

DOI: 10.33098/2078-6670.2023.15.27.1.180-188

Purpose. The purpose of the article is a comprehensive analysis of the provisions of the legislation of Ukraine, which regulates the position of public authorities and local government bodies in civil proceedings, identification of shortcomings and disagreements, development of proposals aimed at improving the legal regulation of legal personality institution of authorities and persons to whom the law has granted the right to apply to the court in the interests of other persons and optimization of the court procedure with their participation.

Methodology. The methodology includes a comprehensive analysis of the national legislation of Ukraine and individual international acts in sphere of regulating of public authorities and local government bodies’ participation in civil proceedings, generalization of scientific and theoretical arsenal, which made it possible to identify problems and formulate conclusions and proposals aimed at their elimination. Such methods of scientific knowledge were used: terminological, logical-semantic, systemic-structural, functional and others.

Results. In the research process the meaning of concepts «public authorities» and «local government bodies» as potential participants in the judicial process in civil cases was revealed. Taking into account the content of constitutional provisions, provisions of the Laws of Ukraine «On Local State Administrations»“, «On Local Self-Government in Ukraine» and other acts, as well as European and world values in the field of human rights protection, it is proved that functions of state authorities, local government bodies, and methods of their implementation are determined by many factors, among which is the constitutional provision according to which a person, it`s life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. Human rights and freedoms and their guarantees determine the content and direction of the state’s activities, the establishment and provision of human rights and freedoms is the main duty of the state (Article 3 of the Constitution of Ukraine). These are the fundamental principles of state authorities and local government bodie`s activity, including in civil proceedings. In contrast to the participants with a private interests, the position of state authorities and local government bodies in civil proceedings is limited by the Constitution and laws of Ukraine.

Practical significance. The results of the research can be used in legislative and law enforcement activities in consideration and resolution of civil cases, initiated by state authorities or local government bodies, or in the case of their involvement in the process in order to provide an opinion at the request of court or due to the law.

Key words: civil proceedings, civil procedural legislation, public authorities, local government bodies.

References

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