Methodology of Jurisdiction of Cases Courts of the Judicial System of Ukraine

The article is devoted to the study of the methodology determination of jurisdictional submission of cases to the courts of the judicial system of Ukraine. It is substantiated that the methodology determination of jurisdictional submission of cases to the courts of the judicial system of Ukraine constitutes a mutually agreed system of methods, techniques, ways and means, which in their functional unity enable the determination of criteria and mechanisms of demarcating the jurisdiction of specialized courts in accordance with the rules of a specialized type of judicial proceedings, where the indicator of objective belonging such a demarcation is judicial practice, according to which disputes of jurisdictional subordination are de-actualized. The doctrinal approaches to determining the methodology for distinguishing competence between courts of different jurisdictions are summarized, which are: delineation of competence by analyzing court practice; legislative consolidation of the limits of competence of courts of different jurisdictions; creation of a special body authorized to resolve disputes about the jurisdiction of court cases by specialized courts; by the nature of the court case; by the territory over which the powers of the court extend in the aspect of solving cases by it (for example, by the place of commission of the crime or by the place of residence of the defendant); according to the presence of special requirements regulated by legislation (for example, consideration of private law disputes by arbitration courts) etc. It has been established that these scientific approaches to delimiting the jurisdiction of courts are not wrong, each of them has a rational basis, but their practical implementation, along with others, requires their professional perception by judges, i.e. by those subjects of legal relations who have jurisdiction and legal obligation to implement the appropriate methodological format of jurisdictional separation of cases into national judicial practice in order to effectively resolve disputes in court and restore violated individual rights. According to the results of the scientific research, it was concluded that the proposed article at the theoretical level managed to solve the problem of the algorithm for error-free determination of the jurisdictional submission of cases to one or another specialized court through the alternate application by the court of an exhaustive list of criteria and its implementation of a system of such methodologically significant actions as verification of a direct instruction in the procedural legislation regarding the classification of this or that case to a certain type of judicial procedure, and in case of its absence, to take the following «steps»: 1) analysis of the nature of legal relations based on a certain (private-law or public-law) interest; 2) analysis of the subject structure of disputed legal relations; 3) determination of the substantive essence of the dispute and identification of those legally significant facts that caused the dispute, the resolution of which is authorized to be carried out by a specific court in accordance with the rules of jurisdictional proceedings.

methodology, court jurisdiction, jurisdictional subordination of cases to courts