THE LAWYER'S ACTIVITIES AT THE STAGE OF THE OPENING OF THE SIMPLIFIED CRIMINAL PROCEEDINGS IN A CIVIL CASE

Abstract

In the article the specifics of the lawyer's
activity at the stage of initiation of the simplified civil
proceedings and complications that make such
opening impossible are analyzed. The characteristic
of legislative norms in the specified area is given.
The list of peculiarities of the lawyer's activity at the
stage of opening of the simplified lawsuit in civil case
and complications that make such opening are
shown. The content and meaning of each is
characterized.
The author draws attention to the fact that
since the plaintiff has the right to file a petition for
the consideration of the case under the rules of
summary proceedings, the lawyer must file such a
petition already at this stage, since the neglect of this
right in the future may lead to the court being
accepted decision to hear the case in the order of the
general proceedings. It is also noted that the
researchers of the issues related to the algorithms for
drafting and filing claims conclude that the value of
the claim lies not in the amount of written material,
but in the ideas contained in it. Therefore, a lawyer,
as a professional representative, should make a fair
and proper statement of claim and a number of other
procedural documents, since this will be a
prerequisite for the provision of truly professional
legal assistance.
As the scientist Ya.P. Zeykan, the claim must
indicate the claimant's appeal and the rationale for
his claim, and the court's task is to find out how well
the claim is consistent with the true circumstances of
the case.That is why a claim must necessarily include
the circumstances in which the claimant
substantiates its claim. In addition, it should be
borne in mind that the lawyer can file a claim again,
after eliminating its shortcomings. At the same time,
Article 185 of the Code of Civil Procedure of
Ukraine also provides for a number of other cases where a claim can be returned to a lawyer, for example, when a statement is made by a lawyer who has no legal capacity, that is, his relations with the person whose interests he is represents not covered by a legal aid agreement. Another complication that makes it impossible to open a summary action in a civil case is the court's refusal to open a case. Article 186 of the Civil Procedure Code of Ukraine provides that a judge refuses to open proceedings in an exhaustive list of cases.
Keywords: lawyer; lawyer's activities; claim; filing a lawsuit; legal proceedings; summary judgment proceedings; civil proceedings; the opening stage of the proceedings.