LEGAL FOUNDATIONS OF CIVIL PROCEEDINGS IN UKRAINE AND IRELAND: A COMPARATIVE ANALYSIS
The article provides a comparative analysis of the civil procedural law of Ukraine and Ireland with the aim of identifying common features and differences between the two legal systems. The study examines the sources of law, the principles of justice, the organization of the judicial system, and t...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | German |
| Published: |
Alfred Nobel University
2025-06-01
|
| Series: | Alfred Nobel University Journal of Law |
| Subjects: | |
| Online Access: | https://law.duan.edu.ua/images/PDF/2025/1/6-.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | The article provides a comparative analysis of the civil procedural law of Ukraine and Ireland with the
aim of identifying common features and differences between the two legal systems. The study examines
the sources of law, the principles of justice, the organization of the judicial system, and the influence
of international legal standards on national procedural legislation. Special attention is paid to such
fundamental principles as adversarial proceedings, equality of parties, judicial independence, reasonable
time for trial, and access to justice. In the context of the ongoing judicial reform in Ukraine and its aspirations
for European integration, it is particularly relevant to explore the experience of European Union member
states, especially Ireland, which combines features of the Anglo-Saxon legal tradition with the effective
functioning of judicial power. The article provides a detailed analysis of the extent to which Ireland’s civil
justice mechanisms can be adapted to Ukrainian realities, taking into account cultural, political, and legal
characteristics.
The research is based on comparative legal, formal legal, and systemic methods. The article focuses
on the procedural aspects of civil cases in courts of first instance, appellate, and cassation courts. The
comparison reveals several progressive elements of Ireland’s civil procedure that could contribute to
increasing the efficiency of Ukrainian justice, including simplified procedures, digitalization of the process,
a more active role of the judge at the preparatory stage, and the expanded use of mediation. At the
same time, it is noted that the implementation of such elements should respect Ukraine’s legal tradition,
Constitution, and international obligations.
The article also outlines key challenges that hinder the effective functioning of Ukraine’s
judicial system. These include excessive procedural workload on courts, complexity of procedures,
long case resolution periods, and low public trust. The authors propose a set of recommendations
for improving Ukraine’s civil procedural legislation, particularly through the gradual adoption of
successful Irish practices. It is concluded that comparative legal analysis with EU legal systems is a
crucial tool in shaping Ukraine’s national legal framework, aimed at ensuring effective, accessible,
and fair justice. |
|---|---|
| ISSN: | 3041-2218 3041-2226 |