Principle of Procedural Economy of the Institute of Transborder Court Servicing

The article, based on a comprehensive systematic analysis of the current legislation of Ukraine and regulatory acts of the European Union, examines the principle of procedural economy of the insti­tution of cross-border judicial mandates. The object of the study is social relations that arise during the implementation of cross-border judicial mandates in civil legal relations in the context of the principle of procedural economy. The subject of the study is the norms of civil procedural and international civil procedural law. The method of research in the article was the dialectical method. To study individual problems of the topic, general scientific techniques were used: analysis and synthesis, the use of species and generic differences, and private scientific methods – comparative law and interpretation, formal-legal and others. The relevance of the problem is due to the fact that international contacts cover the sphere of state, business and private relations, creating a need for legal regulation and resolution of controversial issues through the courts. The principle of equality of national law of the European Union countries creates the primary prerequisites for the application of foreign law, and the principle of the mandatory application of foreign law is aimed at forming the legal grounds and mechanism for the application of foreign law. It is indicated that in the doctrine, procedural economy is perceived as a principle of national process. It is noted that courts should be guided by the principle of procedural economy when sending and executing cross-border judicial orders and when recognizing and executing decisions of foreign courts. The principle of procedural economy corrects the traditional rule of the correlation of contracts in terms of legal validity. The method of international civil procedure does not differ from the method of legal regulation of international private law, therefore the principle of procedural economy has been applied in regulating the institution of cross-border judicial orders.