Excessive formalism in civil proceedings

Abstract

The article is dedicated to the study of the phenomenon of excessive formalism in civil proceedings in Ukraine, which often becomes an obstacle to effective access to justice. The authors analyze the origins of this problem, paying attention to historical, regulatory, and practical aspects. Special attention is given to the analysis of current legislation and judicial practices, which contribute to the formation of a culture of strict adherence to procedures, sometimes leading to neglect of the principles of justice and the essence of the dispute.
The article provides a characterization of excessive formalism, defined as an excessive focus on compliance with formal requirements and procedural rules, disregarding the objective circumstances of the case or the ultimate goal of judicial proceedings. The authors conduct a comparative analysis of the Ukrainian approach to formalism with the approaches of judicial systems in European Union countries. It is noted that in European practice, the emphasis is on ensuring justice and access to justice, while in Ukraine, formalism is sometimes used as a basis for refusing to consider cases due to minor procedural shortcomings.
The research is based on the analysis of court decisions that illustrate various aspects of excessive formalism, such as unjustified refusals to accept claims due to formal violations or strict application of procedural deadlines without considering specific circumstances. Attention is also paid to the findings of the European Court of Human Rights, which emphasizes the inadmissibility of complicating access to justice through unjustified formalization of procedures.
The authors propose a number of recommendations for improving legal practice in Ukraine. These include the necessity of harmonizing national legislation with European standards, implementing mechanisms to assess the substance of violations and their impact on the fairness of proceedings, and expanding the discretionary powers of judges. The study emphasizes the importance of the principles of reasonableness and proportionality in judicial activities, which will help mitigate the negative impact of excessive formalism and ensure a proper balance between compliance with procedural norms and achieving a fair judicial decision.
The practical significance of the article lies in the development of specific approaches to solving the problem of excessive formalism, which can be used to reform civil proceedings in Ukraine and enhance the efficiency of the judicial system as a whole.