Means of protecting the interests of the defendant in civil procedure (in light of the standards of the European convention on human rights and principles of civil procedure)
DOI:
https://doi.org/10.15587/2523-4153.2025.326607Keywords:
civil procedure, protection of rights and interests, principles of civil procedure, participants in the judicial process, defendant, procedural rights, procedural means of protection, evidence, claim, counter-guaranteesAbstract
The purpose of the research is to form a comprehensive system of procedural means for protecting the defendant’s interests, to examine the tools, enshrined in national legislation for their compliance with the standards, established in the European Convention on Human Rights, as well as the principles of civil procedure.
The methodology of the article is based on general scientific and specialized methods of legal phenomenon analysis. In particular, during the study, the following methods were used: comparative and legal method, methods of induction and deduction, systemic method, dogmatic method, and formal and logical method.
As a result of the analysis of Ukrainian civil procedural legislation, it has been determined that currently there are no defined procedural means for protecting the defendant’s interests at the legislative level. Therefore, when forming their system, it is necessary to proceed from the procedural rights of this participant in the case, regulated by the Civil Procedure Code of Ukraine, as well as other means, aimed at ensuring the protection of their interests (in particular, counter-guarantees).
It has been argued that the system of means for protecting the defendant’s interests should be individualized for each specific participant in the case. After all, in any case, the interests and desires of a particular person should be taken into account. However, among the main means of protecting the interests of any defendant, the following can be identified: a response, objections, a counterclaim, and counter-security.
In light of the standards of the Convention and the principles of civil procedure, it has been proven that there is a legislative need to establish the right of the defendant to make an application to bring in the co-defendant and replace the improper respondent
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