Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.39 N° 69
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ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
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Vol. 39, Nº 69 (Julio - Diciembre) 2021, 475-491
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Correlation of civil legal principles and
civil procedural in Ukrainian legislation
DOI: https://doi.org/10.46398/cuestpol.3969.30
Oksana Safonchyk *
Larysa Didenko **
Natalia Denysiak ***
Abstract
Civil legal and civil-procedural legal relations are one of
the most signicant categories in the science of civil and civil-
procedural law, the relationship of which is not fully studied in
science, so it is necessary to reveal the essence of their correlation
and nd dierences between them. In the legal doctrine, there
is a small number of works that would reveal the content of the
relationship of such legal relations, the algorithm and criteria
for their comparison are not fully developed, the scientic
approaches to the separation of the criterion of their comparison
are not revealed. In this regard, it is necessary to full the doctrinal study
of civil legal and civil procedural legal relations, both separately and jointly,
using a particular criterion. The following methods were used in the study
of the relationship between civil legal and civil-procedural legal relations:
formal-legal, generalization, method of analysis of normative documents,
articles and monographs, comparative legal method. As a result of the
research, the connections between such categories as civil legal relations
and civil procedural legal relations were claried, and the criteria for their
comparison were singled out.
Keywords: Civil legal relations; civil-procedural legal relations; relation
of concepts; characteristics of legal relations; scientic
approaches.
* Doctor of Legal Science, Professor of Civil Law Department of National University «Odesa Law
Academy», Odesa, Ukraine. ORCID ID: https://orcid.org/0000-0001-6781-8219. Email: safonchyk.
oksana@gmail.com
** Doctor of Legal Science, Professor of the Department of Civil and Commercial Law and Procedure of
the International Humanitarian University, Ukraine. ORCID ID: https://orcid.org/0000-0002-6806-
5017. Email: T7959595@gmail.com
*** Ph.D. in Law, Associate Professor of the Department of Civil and Commercial Law and Procedure of
the International Humanitarian University, Ukraine. ORCID ID. https://orcid.org/0000-0002-2013-
8889. Email: Denisyak.natali@gmail.com
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Oksana Safonchyk, Larysa Didenko y Natalia Denysiak
Correlation of civil legal principles and civil procedural in Ukrainian legislation
Correlación de principios legales civiles y procesales
civiles en la legislación de Ucrania
Resumen
Las relaciones jurídicas civil y procesal civil son una de las categorías más
signicativas en la ciencia del derecho civil y procesal civil, cuya relación
no está completamente estudiada en la ciencia, por lo que es necesario
revelar la esencia de su correlación y encontrar diferencias entre ellos. En
la doctrina jurídica, existe una pequeña cantidad de trabajos que revelarían
el contenido de la relación de tales relaciones jurídicas, el algoritmo y los
criterios para su comparación no están completamente desarrollados,
los enfoques cientícos para la separación del criterio de su comparación
no se han revelado por completo. En este sentido, se realiza el estudio
doctrinal de las relaciones jurídicas civil y procesal civil, tanto de forma
separada como conjunta, utilizando un criterio particular. Los siguientes
métodos fueron utilizados en el estudio de la relación entre las relaciones
civil-legal y civil-procesal legal: formal-legal, generalización, método de
análisis de documentos normativos, artículos y monografías, método legal
comparado. Como resultado de la investigación, se aclararon las conexiones
entre categorías tales como relaciones legales civiles y relaciones legales
procesales civiles, y se destacaron los criterios para su comparación.
Palabras clave: relaciones jurídicas civiles; relaciones jurídicas civil-
procesales; relación de conceptos; características de las
relaciones jurídicas; enfoques cientícos.
Introduction
Firstly, it is worth noting, that law, as a system of mandatory rules of
conduct introduced or sanctioned by the state, is the most eective regulator
of public relations (Tkalych et al., 2020). The most thorough question
about the essence of legal relations was investigated by Ioe (2000). In
particular, he noted that legal relations are a way of transformation or a
condition for the existence of social relations. If social relations exist rst in
themselves, then turn into legal relations, and then – if they lose their legal
character – are preserved as public relations. In this case, legal relations act
as a way to transform social relations. If social relations periodically arise
and terminate in the presence of a certain set of external circumstances, but
always arise as a legal relationship, terminating at the same time as they
lose their legal character, legal relations act as a condition for the existence
of social relations.
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The question of the relationship between civil law and civil procedure
is new to domestic legal science because today civilizes and proceduralists
mostly do not consider these issues in this context.
Simultaneously, many scholars compared the categories of civil and civil-
procedure law, civil law, and civil-procedure rules, as well as established the
concept of civil law and civil-procedure legal relations, the essence of which
allows to correlate both categories. Such researchers include, rst of all,
such as Yemov (2016), Kilichava (2007), Chervonyi (2006), Zhornokuyi
and Krasitska (2017), Komarov (2001), Golubeva (2017), Mazur (2006),
and Borysova (2011).
Civil law and civil-procedural legal relations are the subjects of regulation
of civil and, accordingly, civil procedural law. Given this, it is necessary to
nd out their content and justify their legal regulation.
Civil-procedural legal relations are a large-scale institution because their
existence implies the existence, not of a specic type of legal relationship,
which can be dened by a certain framework, but a set of legal relations,
united by a common object, but dierent in a subject composition, content
and legal facts. cause their occurrence, change, or termination (Kovalenko,
2017). In turn, civil relations can be dened as public relations governed by
civil law (Yanovytska and Kuchera, 2011).
In view of the above, the analysis of the relationship between civil law
and civil-procedural legal relations in the science of civil-procedural law is
quite relevant.
1. Methodology of the study
The use of appropriate methods in scientic research contributes to
a reliable scientic result, determines the logic of the study, the correct
construction of the structure of work.
To reveal the research topic, the following methods were used: formal-
legal, generalization, method of analysis of normative documents, articles
and monographs, and comparative-legal method.
Thus, the formal-legal method was applied to dene the main concepts of
the study, such as civil-legal legal relations, civil-procedural legal relations,
procedural law, civil procedural law, etc. The method is also utilized to
justify the use of a system of criteria used to analyze the relationships
between the objects of study.
The method of abstraction is a separation from specic properties and
relations of the object and, at the same time, focusing on those properties
and relations that are the direct object of scientic research. Thus, based
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Oksana Safonchyk, Larysa Didenko y Natalia Denysiak
Correlation of civil legal principles and civil procedural in Ukrainian legislation
on a small number of scholars who have studied the relationship between
civil law and civil procedure, the authors analyzed works that contain
a theoretical description of the concepts that fall within the scope of the
subject.
Further, abstraction exists in organic unity with the method of
generalization. Generalization is the logical completion of abstraction, the
spread of general features of objects to all objects of a given set. The method
of generalization allowed to group information about subjects, objects of
civil law, and civil procedure legal relations. Also, with the help of this
method, the results of the research were summed up.
Moreover, it should be emphasized, that the comparative-legal method
is a way to achieve the desired result through a comprehensive study of
known facts, from which it is possible to distinguish the characteristics of
the subject of study. Thus, with the help of the method of comparison, the
ratio of civil law relations with civil procedure and related concepts were
investigated, which allowed to characterize and structure a consistent
presentation of the material.
The system-structural method as a method allows studying the
phenomenon in all the variety of connections, value systems, priorities. It
makes it possible to establish internal connections between the investigated
phenomena. Thus, during this research, the criteria for distinguishing
between civil law and civil procedural relations were systematized, elements
were identied from which a logical possibility for their comparison can be
traced.
In the end, the analytical method allowed us to consider in detail the
regulations governing relations in the eld of civil and civil procedural law.
This method has also been used to analyze many scientic papers that have
explored legal categories that are integral elements of the subject matter.
2. Analysis of recent research
The works of the following scholars were used to reveal the research
topic: Domuschi (2008), Ioe (2000), Didenko (2018), Yanovytska and
Kuchera (2014), Kovalenko (2017), Kilichava (2007), Mazur (2006),
Golubeva (2017), Chervonyi (2006), Yasynok (2014; 2016), Stefan (2005),
Zhornokuyi and Krasytska (2017).
The theoretical basis of this study is used from the materials of works on
the civil and civil procedural law of Ukraine. Their authors are the following
scientists: Yanovytska and Kuchera (2014), Kovalenko (2017), Kilichava
(2007), Mazur (2006), Stefan (2005), Yasynok (2014; 2016).
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Scientic works in the form of articles and publications were used to
compare and reveal the views of scientists on the topic of research and its
derivatives.
Thus, Didenko (2018), in the article “Types of civil procedural legal
relations”, explored the types of civil procedural legal relations; worked
out the approaches of scientists to determine the types of civil procedural
relations; and singled out general and specic criteria for classifying types
of civil procedural relations. Further, Domuschi (2008), who is the author
of “The essence of civil relations”, revealed the concept of civil relations,
their features, and elements. Besides, Yemov (2015) in his work “Civil
procedural legal relations and prerequisites for their emergence” identies
three groups of prerequisites for the emergence of civil procedural legal
relations: the rules of civil procedural law, civil procedural legal personality,
legal procedural facts. Additionally, Golubeva (2017) investigated the
relationship between binding and property relations.
3. Results and discussion
3.1. Theoretical aspects of the study of civil law and civil
procedure relations
The specicity of civil law lies in its vital conditionality and natural
obligation: from the moment of birth until death, a person needs to exercise
his rights in the private sphere, is under the inuence of its norms. These
participants enter into these legal relations mostly independently to meet
their needs and legally protected interests. This is due to objective economic
and social needs and can be adjusted by subjective factors.
The interests protected by law are satised by the person, proceeding
from its internal law, internal culture, education. These interests can be far-
sighted (strategic) and immediate (tactical). Tactical interests may change
at historical, especially critical stages of society, which is manifested in the
law and the original ideas of legal regulation (in favor of society, in favor of
business, in favor of the elite, in favor of ideas, in favor of man, including
the average). However, they are stable, which serves as the stability of the
legislation. If we need self-suciency of participants in legal relations,
disclosure of human potential, providing both opportunities to express
themselves and their intellectual abilities, and opportunities for self-
realization of property self-suciency, the priorities of regulation change
in favor of non-property rights (Kovalenko, 2017).
Civil law and civil procedural legal relations are regulated by norms,
which, in turn, form the basis of the legal framework of civil and free
procedural law.
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Oksana Safonchyk, Larysa Didenko y Natalia Denysiak
Correlation of civil legal principles and civil procedural in Ukrainian legislation
Civil law is a branch of law that regulates property and personal non-
property relations on a private law basis (Panchenko, 2005).
Civil procedural law is a system of civil procedural norms that regulate
public relations between the court and the participants in the process of
litigation in civil cases by considering and resolving civil cases in court
(Kovalenko, 2017).
Stefan (2005) notes the connection between civil procedural law and
civil law in the existence of the apparatus of coercion, able to enforce the
rules of civil law - the court, the procedure for which the consideration and
resolution of civil cases are governed by procedural law; as well as in certain
norms and institutions of civil law – in particular those, that determine the
circumstances, the set of legal facts that form the basis of the claim, and
the subject of proof and are subject to clarication in civil proceedings in
specic cases.
The relationship between civil and civil procedural law is that civil
procedural law is a form that ensures the life of civil law, protection, and
enforcement implementation. Furthermore, the researcher notes that
civil procedural law without civil (or other substantive) would become
meaningless and lose its social and legal signicance (Yasynok, 2016). This
position is close to the previous one, but it should be emphasized, that the
connection between civil and civil procedural law lies in the interdependence
of individual provisions of the institutions of civil law and civil procedural
law.
Given the above, it is possible to formulate the concept and content of
civil legal and civil procedural legal relations.
Following Part 1 of Art. 1 of the Civil Code of Ukraine of January 16,
2003, civil legal relations are non-property and property relations (civil
relations), based on legal equality, free expression of will, and property
independence of their participants. These relations are the most common,
developing based on the idea of adaptation to EU law.
In the literature, the following features are distinguished (Panchenko,
2005):
- free expression of will, property separation, and legal equality of
participants in these relations;
- legal rights and obligations of the subjects of civil legal relations
arise, change or terminate based on legal facts, and;
- non-fulllment by any of the participants of legal relations of the
assumed obligations or violation of another’s rights entails the
application of means of state coercion to the violator.
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Civil law relations consist of three main elements: subject, object, and
content. The subjects of civil relations are their participants: individuals and
legal entities, as well as the state of Ukraine, territorial communities, foreign
states, and other subjects of public law. The subjects of civil law relations
are characterized by the socio-legal quality of civil legal personality, which
consists of civil capacity and civil capacity. Objects of civil law relations –
this is the subjective right and subjective obligation to meet the interests of
the subjects. Depending on the content, we can say that the emergence of
civil law relations is associated with the need to purchase, transport things,
provide services, publish works of science and literature, protect honor and
business reputation, etc. That is, the objects of civil relations are:
a) Personal intangible goods.
b) Things.
c) Actions, including services, and.
d) the results of spiritual and intellectual creativity.
The content of civil relations forms a subjective right and a subjective
obligation. Subjective civil law is a type and measure of possible (permitted)
behavior of an authorized person, which is ensured by the performance of
duties by other entities and the possibility of applying state coercion to
them.
As for civil procedural legal relations, in the literature, there is a fairly
wide range of scholars who have studied their essence. Thus, according to
Chervonyi (2006), civil procedural relations are governed by the rules of
civil procedural law that arise between the court, persons involved in the
case, and other participants in the civil proceedings in connection with
their activities to ensure justice in civil cases.
Kilichava (2007) (in determining the procedural legal relations)
gives the central role to the rights and responsibilities of participants in
civil proceedings. Thus, the scholar considers civil procedural relations
to be social relations, the participants of which are bound by rights and
obligations based on civil procedural law.
According to Komarov (2001), civil procedural legal relations have
features, which include:
- the identity of civil procedural legal relations to individualized social
relations;
- civil procedural relations arise based on the rules of civil procedural
law;
- the subjects of civil procedural legal relations are the court and
the participants in the trial. In this case, a sign of the court in
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Oksana Safonchyk, Larysa Didenko y Natalia Denysiak
Correlation of civil legal principles and civil procedural in Ukrainian legislation
these relations is the administration of justice, participants in civil
proceedings – the presence of legal rights and responsibilities, and;
- the purpose of civil procedural legal relations is a fair and prompt
consideration and resolution of civil cases.
Given the above, civil and civil procedural legal relations are integral
elements of social relations, which are based on the norms of civil and,
accordingly, civil procedural law. Much attention is paid to their study in
the scientic literature, which indicates their interest for the theoretical
validity of substantive and procedural law.
4. Correlation of civil legal and civil procedural legal relations:
scientic approaches
The ratio of civil law and civil procedure legal relations is a process of
clarifying the relationship between the selected concepts, their dependence
on each other.
In the scientic literature, there is a fairly small number of works that
would reveal the content of dierent and similar features of civil law and
civil procedure.
Given the preliminary clarication of the essence of civil law and civil
procedure relations, it is possible to distinguish their similar elements:
- civil procedural legal relations arise in the presence of a disputed
nature in civil legal relations;
- in the case when the subject of civil legal relations becomes a court,
such relations become civil-procedural. In this case, the court in
resolving disputes is guided by the rules of civil law, and;
- norms of civil law are also relevant to the civil procedure because
they determine the circumstances, the set of legal facts that form the
basis of the claim, the subject of proof, and are subject to clarication
in civil proceedings in specic cases.
Based on the analysis of the above elements, it is possible to conclude
that civil law and civil procedure relations are correlated as a prerequisite
and consequence.
To provide a detailed description of the ratio of civil and civil procedural
legal relations, it is necessary to identify the criteria based on which they will
be compared. To this end, it is required to turn to the opinion of Golubeva
(2017), who, examining the relationship between binding and property
relations, identied the following criteria by which they dier from each
other:
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1. by the circle of persons connected with them;
2. by object;
3. on the grounds of occurrence;
4. in a specic form in which the rights and respective obligations of
the parties are expressed;
5. according to the peculiarities of subjective law;
6. by the nature of implementation;
7. according to the peculiarities of legal regulation;
8. by value for civil turnover;
9. by time of existence;
10. if necessary, the interaction of the parties, and;
11. by property or non-property nature.
It is recommended to correlate civil law and civil procedural legal
relations according to the following criteria:
Firstly, according to Mazur, at least two people are always present in
civil legal relations (Mazur, 2006). Persons, who are participants in civil
law relations, are called subjects. The subject of civil law relations, to which
the law belongs, is called an active subject, or a subject of law. The subject
of civil relations, which is obliged, is called a passive subject, or subject
of duty. In civil law, each of the participants has subjective rights and
subjective responsibilities. For example, in legal relations arising from the
contract of sale, contract, transportation, commission, each of the subjects
of legal relations has rights and obligations.
Subjects of civil legal relations can be: citizens of Ukraine, foreign
citizens, stateless persons, legal entities (state enterprises and institutions,
cooperatives, public organizations, joint-stock companies, leased
enterprises), the Ukrainian state, other organizations (for example, religious
organizations, joint enterprises with the participation of Ukrainian and
foreign legal entities, foreign enterprises and organizations).
Given the above, it should be noted, that there are no specic participants
in civil relations.
As for the subjects who are participants in civil procedural relations,
following Chapter 4 of the Civil Procedure Code of Ukraine of March 18,
2004, they are participants in the case and other participants in the trial.
The subjects of civil procedure are considered appropriate to include the
court because (based on the constitutional provisions on justice and the
general principles of justice) the court has a leading, decisive role in the
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Oksana Safonchyk, Larysa Didenko y Natalia Denysiak
Correlation of civil legal principles and civil procedural in Ukrainian legislation
trial. Thus, following Art. 124 of the Constitution of Ukraine of June 28,
1996, only courts are authorized to administer justice in Ukraine.
The analysis of the norms of Chapter 3 of the Civil Procedure Code of
Ukraine (2004) shows that this group of subjects includes:
1. a judge alone, who is the presiding judge and acts on behalf of the
court;
2. the collegial composition of the court consisting of one judge and
two jurors;
3. a panel of judges of the court of appellate instance consisting of
three judges;
4. a panel of judges of a court of cassation consisting of three or more
odd-numbered judges, and;
5. the Judicial Chamber of the Civil Court of Cassation (Chamber), the
Joint Chamber of the Civil Court of Cassation (Joint Chamber), or
the Grand Chamber of the Supreme Court (Grand Chamber).
The participants in the case are individuals and legal entities, the state of
Ukraine, territorial communities, foreign states, public authorities (central
and local), local governments, government agencies (foundations and
institutions), utilities (foundations and institutions), state enterprises, and
communal enterprises. This conclusion can be made taking into account
the subjects of civil law. Any subject of civil legal relations may become
a subject of civil proceedings in the event of the need to protect violated,
unrecognized or disputed rights, freedoms, or legitimate interests.
At the same time, the subjects of civil procedural relations can be a much
wider range of people. Thus, following Art. 56 of the Civil Procedure Code of
Ukraine (2004) to the subjects should include bodies and persons who by
law have the right to go to court in the interests of others (public authorities,
local governments, individuals and legal entities, the Verkhovna Rada
Commissioner for Human Rights, etc.), as well as representatives. Other
participants, according to §3 of Chapter 4 of the Civil Procedure Code of
Ukraine, are an assistant judge, court clerk, court administrator, witness,
expert, legal expert, translator, and specialist.
Therefore, based on the above, the range of subjects of civil procedure
is much wider than in civil law. It should also be noted the presence of a
special participant in civil proceedings – the court.
Secondly, Borysova (2011) believes that the issue of dening the object
of civil law relations is extremely dicult. Since all civil legal relations
arising in connection with a certain property or non-property good, the
Civil Procedure Code of Ukraine distinguishes between the property object
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of civil legal relations and the non-property object. Property objects of civil
legal relations are:
1. things;
2. money;
3. securities, and;
4. property rights, the results of certain human activities (works and
services – for example, a house built, a repaired thing, a tailored
suit, etc.).
Non-property objects of civil legal relations include:
1. the results of intellectual, creative human activity or objects of
intellectual property rights (works of science, literature, art,
discoveries, inventions, etc.);
2. information, and;
3. personal intangible assets (honor, dignity, business reputation,
name, image, private life, etc.).
Accordingly, in the general sense, civil procedural legal relations arising
in connection with the same benets, but in this case, they are not the object
of legal relations. As determined by Kilichava (2007), the object of civil
procedural legal relations is public relations for the protection in a court of
violated substantive law or legally protected interest - thus, property and
personal non-property rights or legally protected interests. In turn, the
basis for the emergence of civil procedural legal relations is a violation of
such a right.
Under the criterion of the object of legal relations, civil legal and
civil procedural legal relations are correlated as a prerequisite and as a
consequence.
Thirdly, according to the theory of law, the basis for the emergence,
change, or termination of social relations is a legal fact, which is a
circumstance or fact of reality.
Art. 11 of the Civil Code of Ukraine (2003) contains an inexhaustible list
of grounds on which civil legal relations may arise, change or terminate.
The preconditions for the emergence of civil procedural legal relations
are much more complex in comparison with civil legal relations. Yemov
(2015) identies three groups of prerequisites for the emergence of civil
procedural legal relations:
I. norms of civil procedural law – the norm of civil procedural law
determines the normative prerequisite for the emergence of civil
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Oksana Safonchyk, Larysa Didenko y Natalia Denysiak
Correlation of civil legal principles and civil procedural in Ukrainian legislation
procedural legal relations because there is no legal norm that
provides for the possibility of exercising a person’s right to acquire
the status of a participant in civil procedural legal relations. In this
case, we must agree with the opinion of Kovalenko (2017) that the
rule of civil procedural law is the most signicant prerequisite for the
emergence of civil procedural legal relations;
II. civil procedural legal personality – should be considered as civil
procedural legal capacity of a person, which means the ability to be
a subject of civil procedural legal relations, which citizens acquire
from birth, and, to actively participate in the process, a person must
be capable, including personally to perform procedural actions that
generate legal consequences for other subjects;
III.legal procedural facts – have a procedural nature, are actions
committed by the parties to a civil dispute.
Thus, the range of preconditions for the emergence of civil procedural
legal relations is much wider than civil law, the grounds for which are only
a legal fact.
Fourthly, in the context of civil law, the form in which the rights and
respective obligations of the parties are revealed is a transaction, i.e. an
action of a person aimed at acquiring, changing, or terminating civil rights
and obligations.
The form in which the rights and respective obligations of the parties
in civil procedural relations are expressed is a court decision. According
to Article 258 of the Civil Procedure Code of Ukraine, court decisions are
rulings, decisions, resolutions, court orders. Accordingly, in cases specied
by law, the trial may end with a ruling or the issuance of a court order. Court
decisions is in the form in which the rights and corresponding obligations of
the parties to civil procedural legal relations are expressed, given that their
content establishes the rights and obligations of the parties to the relevant
proceedings (legal relations), which each party is obliged to comply with
and adhere to. The court decision is also the basis for the restoration of the
violated rights of the subject of civil law.
Fifthly, the peculiarities of the subjective right of participants in civil
legal relations are enshrined in Article 13 of the Civil Code of Ukraine,
according to which a person exercises civil rights within the limits provided
by the contract or acts of civil legislation. In exercising his rights, a person is
obliged to refrain from actions that could violate the rights of others, harm
the environment or cultural heritage. The actions of a person committed
with intent to harm another person, as well as abuse of rights in other forms
are not allowed. In exercising civil rights, a person must adhere to the moral
principles of society. Consequently, in civil law, the essence of subjective law
is reduced primarily to the right to conduct themselves. A person receives
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a range of rights limited by certain limit requirements, according to which
he controls his behavior.
According to Article 4 of the Civil Procedure Code of Ukraine, a
person applies to the court for protection of his violated, unrecognized or
disputed rights, freedoms, or legitimate interests. That is, the subjective
right of a person in civil procedural legal relations arises as a result of the
formulation of the requirement of specic behavior from other persons to
stop the violation of the rights and interests of the person and restore it to
the violated rights.
Following to the nature of the exercise of subjective rights by the parties,
civil and civil procedural legal relations dier signicantly. If civil legal
relations are characterized by the relationship between the realization of
a person’s right and the fulllment of obligations by another person, then
in civil procedural legal relations any person exercises his rights at his
discretion, but the result does not depend on his will, because the decision
in civil proceedings takes the court.
Finally, Yanovytska and Kucher (2011) to the central legal regulators of
civil law include civil contract, the constituent document of a legal entity,
custom, international treaty, and in cases provided by law, and judicial
precedent. Researchers, rst of all, emphasize the role of agreements in
civil law self-regulation (parts 1-3 of Article 6 of the Civil Code of Ukraine)
and constituent documents of legal entities (Article 87 of the Civil Code of
Ukraine).
Regarding civil procedural relations, all the procedures they provide
are clearly regulated and subject to unquestionable implementation by the
parties, as the legal regulation of civil procedural legal relations is carried
out by the Civil Procedure Code of Ukraine (2004). It should be noted that
if the legal regulation of civil relations is carried out by the rules of civil
law and in other ways provided by law, the civil procedural relations are
regulated exclusively by law.
Based on the characteristics of civil legal and civil procedural legal
relations, it is possible to summarize their relationship, citing the Table 1.
Table 1. The correlation of civil legal and civil procedural legal relations.
Correlation
criteria
Civil legal relations Civil procedural legal
relations
488
Oksana Safonchyk, Larysa Didenko y Natalia Denysiak
Correlation of civil legal principles and civil procedural in Ukrainian legislation
By circle of
subjects
Citizens of Ukraine,
foreign citizens, stateless
persons, legal entities, the
state of Ukraine, other
organizations
Participants in the case,
other participants in the
trial, the court
By object Property and non-property
objects
Civil rights violated
On the grounds Contracts and other
transactions, creation of
literary, artistic works,
inventions and other results
of intellectual, creative
activity, tasks of material
and moral damage, etc.
Norms of civil
procedural law, civil
procedural legal
personality, legal
procedural facts
In the form
of expression
of rights and
responsibilities
Transactions Judgments
By the nature
of the exercise
of the subjects
of their rights
The relationship between
the exercise of a person’s
right and the fulllment of
another person’s obligations
The person exercises
his rights at his own
discretion
According
to the
peculiarities of
legal regulation
Law, civil law agreement,
constituent documents
of a legal entity, customs,
international agreements,
court precedents
Law
Own (authorship)
Conclusions
Thus, according to the peculiarities of legal regulation, civil legal and civil
procedural legal relations dier. Legal regulation of civil procedural legal
relations is carried out exclusively by the law. As for the civil legal relations
– they are regulated by the law, a civil contract, constituent documents of
the legal entity, customs, international treaties, court precedents.
Civil legal and civil procedural legal relations are closely interacting,
but they are characterized by a number of signicant dierences. Their
relationship can be described as bilateral, as the emergence of civil
procedural legal relations is associated with the controversial nature of civil
legal relations. In turn, the existence of civil procedural legal relations is a
guarantee of ensuring the functioning of civil legal relations. Therefore, in
general, these legal relationships are correlated as those that constantly and
closely interact with each other.
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CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 475-491
Civil legal and civil procedural legal relations dier in terms of the subject
composition, the object of legal regulation, the grounds of origin, forms of
expression, and the nature of implementation. This indicates that despite
the closeness and a number of close ties, civil legal and civil procedural legal
relations are not subject to identication and coexist as two full-edged and
independent legal institutions.
Also, despite the lack of study of the relationship between civil legal and
civil procedural legal relations, this study addresses a number of practical
issues, which include:
- detailed characteristics of civil legal and civil procedural legal
relations;
- sources for further study and improvement of theoretical aspects of
civil legal and civil procedural legal relations, and;
- application of the conceptual apparatus for the practical realization
of rights and performance of duties in civil and civil procedural law.
Regarding further research, it is remarkable to note that in modern
conditions, civil legal and civil procedural legal relations are transformed
in the context of Covid-19. Thus, in the context of the Covid-19 pandemic,
the visibility and procedural rights of the parties are changing, new
opportunities are emerging, such as participation in court hearings through
special services and restrictions on rights due to established measures to
combat the spread of coronavirus disease. These topics will remain relevant
in the near future.
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Esta revista fue editada en formato digital y publicada
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Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº 69
