Ways to eliminate shortcomings of the legislative technique of the Civil Procedural Code of Ukraine
Authors: Koroied S. O. 
Published: January 2025

The article emphasizes that the main problem that reduces the effectiveness of legal regulation of the procedure for conducting civil proceedings and the effectiveness of law enforcement is the shortcomings of the legislative technique of the main source of civil procedural law – the Civil Procedural Code of Ukraine: vagueness, ambiguity and imperfection of norms, gaps in procedural regulation, etc. Promptly correcting such shortcomings by introducing relevant legislative changes is not entirely possible given the peculiarities of the legislative process and the lack of a systematic vision of relevant changes and legislative initiatives. This, in turn, reduces the effectiveness of civil proceedings and negatively affects the protection of the violated rights of subjects of civil legal relations. Therefore, there is a scientific and practical need to identify tools that allow eliminating the shortcomings of the legislative technique of the CPC without the involvement of the legislator to improve the effectiveness of civil procedural regulation and the quality of law enforcement during the administration of justice in civil cases. For this purpose, the article examines the main violations of the rules of legislative technique in the preparation of drafts of regulatory legal acts, in particular laws; the main methods of eliminating the shortcomings of the current legal acts are determined; the main existing tools for eliminating the shortcomings of the legislative technique of the CPC are outlined and their characteristics are given. Attention is paid to the characteristics of the law’s quality requirements and the principle of legal certainty. As emphasized in the legal literature, the quality of the law includes its substantive perfection, compliance with formal requirements, compliance with procedural aspects at the stage of adoption, as well as compliance with social needs and compliance at the stage of implementation. At the same time, compliance with the principle of legal certainty in legislative acts indicates the level of predictability of legal norms, their compliance with the norms of the Constitution, and also contributes to the effective protection of human and citizen rights and freedoms; indicates the development of unity in law enforcement activities. Failure to comply with specified principles and rules of legislative technique causes shortcomings of regulatory legal acts, which lead to ambiguous understanding and, accordingly, expand opportunities for subjectivism during the implementation and application of legal norms, give grounds for criticism of normative-legal acts regarding their legal-technical perfection. It should be recognized as tools for eliminating the shortcomings of the legislative technique of the CPC the following: a) clarification of the Plenum of the Supreme Court of Ukraine and the Higher Specialized Court of Ukraine on consideration of civil and criminal cases on the application of procedural legislation; b) conclusions regarding the application of the rules of procedural law, set out in the Supreme Court’s rulings; c) the decision of the Constitutional Court of Ukraine regarding the official interpretation of the provisions of the Civil Code;
d) Rules for the organization of effective civil proceedings. The specified tools, both individually and in complex in the mechanism of legal regulation at the stage of law enforcement, make it possible to increase the effectiveness of civil procedural regulation of the procedure for the administration of justice in civil cases, thus overcoming the shortcomings of the legislative technique of the CPC (and in some cases also gaps), thus ensuring legal certainty in the regulation of civil procedural legal relations and predictability in the application of the provisions of the CPC by the courts.