Tymchenko G. P. As to the question on civil judicial responsibility
The article is dedicated to civil judicial responsibility and its establishment in the civil judicial legislation of Ukraine. The actuality of this range of problems is related to ever rising development of the non-mandatory and contentious grounds in the civil rule-making, envisaging a wide circle of judicial possibilities.
The author marks insufficient development of the institute of civil judicial responsibility in the civilistic judicial science. A conclusion is made, that the civil rule-making lacks approvals for the nonperformance of social judicial duties.
It is underlined in the research that the selection of civil judicial responsibility as an independent one is grounded on the presence of its specific qualities, among that there can be related as follows: actual and legal founding, subjects of responsibility and the form of its expression.
The researcher proceeds from a conceptual position, that civil judicial responsibility finds the expression by means of the norms of civil judicial law as measures of defense and measures of responsibility. Thus, the use of the category “measure” as it applies to civil judicial responsibility is not optimal, as a measure is peculiar only to denotation of the scope of punishment.
In the article a chapter of Civil-judicial code of Ukraine about the measures of judicial compulsion is analyzed. The author estimates taking of warning critically, moving away from the hall of the judicial meeting and drive of witness to the number of measures of civil judicial responsibility, supposing that these actions have administrative-legal nature. It is argued, that temporal withdrawal of written and material proofs that are obtained on demand by the court is not the measure of judicial compulsion.
It is proved in the research that a new edition of a chapter of the Civil-judicial code of Ukraine about the measures of civil judicial responsibility must contain approvals for the nonperformance of some social judicial duties. In general such approval is a refuse in execution of a judicial action or impossibility to realize his/her right by a person participating in the case.
The author analyses a theory and practice of civil rule-making in the USA and Great Britain in part of normative regulation of measures of judicial responsibility. Achievement of aims of judicial responsibility, namely: providing of effective justice and prevention of violations in the future – is a basis of modernization of home civil judicial legislation.
Key words: civil judicial responsibility, measures of responsibility and measure of defense, judicial compulsion, civic judicial duty, approval, non-mandatory and contention grounds.