LEGAL REGULATION OF FORMALIZATION OF CIVIL PROCEDURAL NORMS IN THE CONDITIONS OF DEVELOPMENT OF A MODERN DEMOCRATIC STATE

Abstract

The article analyzes the legal regulation of the formalization of civil procedural norms in the context of building a modern democratic state. It is stated that the legislation of Ukraine is a holistic system in which regulatory legal acts of civil justice play an important role. From the perspective of formal logic, the system of legislation is considered as a structured formula that regulates actions in the legal field, the logical construction of judgments in this system is based on solving a conditional equation, where each legal norm has a clearly defined role. It is argued that in order to achieve correct conclusions, the structure of this "equation" must be holistic, without contradictions and gaps, which ensures the interconnection and consistency of all norms. It is emphasized that legal norms must be formulated in simple and understandable language to ensure accessibility for all citizens, while it is important to use clear legal terms to avoid ambiguities, and which will allow combining the accuracy of norms with their clarity. It is emphasized that civil procedural norms occupy an important place in the national legal system, and their formalization requires compliance with norms of higher legal force and harmony with legislative acts. It is noted that the coordination of draft regulatory legal acts in order to avoid contradictions is enshrined in several legislative acts, in particular in the Law of Ukraine "On Law-Making Activities" and "On the Rules of Procedure of the Verkhovna Rada of Ukraine". The importance of flexibility in the formulation of legal norms for effective regulation is emphasized, which allows them to be adapted to different legal situations, while systemic coherence, unambiguity and logic are highlighted as the main rules. It is emphasized that among the significant international sources that influence the formalization of civil procedural law norms in Ukraine, the European Convention on Human Rights, the practice of the European Court of Human Rights, as well as the Association Agreement between Ukraine and the EU stand out. At the same time, it is stated that the Constitution of Ukraine is the main source of national legal regulation, which outlines the basic principles of the organization of state power. In this context, the section of the Constitution that concerns justice and contains regulatory guidelines that ensure formal certainty of law through certainty, systematicity and efficiency is considered. It is argued that the norms that contribute to legal certainty include the rule of law, the binding nature of court decisions, and the administration of justice exclusively by courts, and the systematic nature of civil procedural norms is ensured by the principles of territoriality, specialization of courts, and the equality of all participants in the legal process before the law.