THE ESSENCE OF THE DISPUTE CONCERNING THE RIGHT IN UKRAINIAN CIVIL PROCEEDINGS

Abstract

Background. The study is devoted to the relevant issue of determining the essence, legal nature, structure, and role of the category of a "dispute concerning the right" in the civil procedure of Ukraine. Its significance for distinguishing between types of proceedings (action proceedings, separate proceedings, and order proceedings) is analysed. Particular attention is paid to the absence of a unified approach in legal doctrine, ambiguity of interpretation in judicial practice, and imperfections in legislative provisions. Special consideration is given to the problems arising from the uncertainty of this category, as well as to its impact on the effectiveness of civil justice, ensuring access to justice, and promoting uniformity in the application of law. The purpose of the article is to develop scholarly approaches in the relevant field of research and to contribute to improving the level of legal awareness among legal professionals.

Methods. The article employs formal-logical, dialectical, and system-structural methods, which made it possible to comprehensively and holistically examine the significance of the category of a "dispute concerning the right" within the civil justice system of Ukraine.

Results. Etymological and doctrinal approaches to the concept of a "dispute concerning the right" have been identified. The structure of a dispute over a right has been determined, including its subjects, object, subject matter, substantive and procedural components, conditions of emergence, and outcomes. It has been established that a dispute over a right constitutes a determinant of action proceedings and serves as a criterion for distinguishing them from non-contentious proceedings. Particular attention is paid to the analysis of judicial practice, including that of the European Court of Human Rights, which made it possible to identify the problem of establishing the existence of a dispute over a right within separate proceedings.

Conclusions. At present, there are problems associated with the absence of a unified definition of the concept of a "dispute concerning the right" and its structure, as well as with its inconsistent application in judicial practice. In order to improve the functioning of this category within the civil procedure of Ukraine, the author proposes an original definition and structure, as well as the initiation of the development of clear criteria for determining the presence or absence of a dispute over a right.