Nature of lawsuit is in judicial right

Abstract

The article is devoted to the study of the problems of determining the legal nature of the claim. The question of the ratio of substantive and procedural law is problematic, since, depending on the scientific interpretation of the substantive and procedural legal sides of the claim, a scientific view is formed on the integral or heterogeneous (dual) nature of the claim. From the point of view of modern Ukrainian legal doctrine, legal proceedings are determined by a universal specialized procedural form of court proceedings. All cases in which there is a dispute about the right, and each such proceeding has its own procedural structure, the beginning of which is associated with a lawsuit. The article attempts a comprehensive analysis and systematization of theoretical approaches in the field of understanding the legal nature of the claim in procedural law.
The conclusion is made about the relevance of the approach to understanding the nature of the claim, as two meaningfully combined requirements - material and procedural. It is proposed to consider the subject of the lawsuit as a complex material and procedural claim, the material content of which is revealed through the material and legal claim of the plaintiff to the defendant, in relation to which the plaintiff asks the court for a judicial decision. Procedural content is related to the realization of a person’s right to judicial protection, which must take place in the form of an appeal to the court in the manner established by procedural legislation, with compliance with the requirements for the form and content of the claim statement and attached documents. It is specified that the lawsuit should be considered as a complete procedural and legal institution containing a material and legal content, and when applying to the court, the relationship acquires a procedural character.
In our opinion, the changes that have taken place in Ukrainian legislation fully correspond to the best practices in the field of civil, economic and administrative justice in the European region and are designed to ensure the compliance of the legal mechanism for the protection of violated, unrecognized and contested rights, freedoms and interests with international standards of fair justice. The given approach to understanding the legal nature of a claim in procedural law leaves ways for further scientific research into the impact of legal convergence processes on the principles of the institution of a claim.