FEATURES OF THE ESTABLISHMENT AND DEVELOPMENT OF THE LEGISLATION OF UKRAINE ON THE PROCEDURE FOR CARRYING OUT ECONOMIC ACTIVITIES UNDER THE CONDITIONS OF MARITAL STATE

Abstract

The article makes a theoretical analysis of the issues related to the establishment in the civil procedural legislation of Ukraine of the forms of termination of consideration of civil cases without a decision on the merits of the case. The formation and development of this institute in the civil process of Ukraine was studied, as well as the reasons for its emer-gence were determined and the stages of its development were analyzed. The institution of ending the consideration of civil cases without a decision has deep historical roots. The possibility of the end of the process without solving the substance of the stated material and legal requirements was already provided for in Roman law. Also, the process of considering the case began with the plaintiff's appeal to the praetor with his demand. A specially established form of appeal obliged to begin it with the words of the law, which he referred to in support of his claims. The slightest deviation of the plaintiff from the form led to the loss of the right to sue. Also, the case was terminated if the plaintiff did not appear at the meeting. In the theory of civil procedural law, not enough attention was paid to the termina-tion of the case without a decision on the merits of the case: separate scientific works de-voted to these forms of termination of the trial were published as early as the 60s of the twentieth century. With the adoption of the new Civil Procedure Code of Ukraine the grounds for closing proceedings in a case and the grounds for leaving an application with-out consideration have undergone changes. However, in the science of civil procedural law, these changes have not been comprehensively investigated.