The Right to a Fair Trial in Civil Cases

Author(s):  
Monique Hazelhorst
Keyword(s):  
2020 ◽  
Vol 3 ◽  
pp. 99-104
Author(s):  
Victor Prorok

The article refers to the problem of compliance with the fair trial criteria of the restrictions to access to review of court decisions by the court of cassation. The author discloses the vision of the legal grounds for cassation proceedings admissibility and emphasizes on the importance of complying with the fair trial requirements due to ensuring the consistency and uniformity of the Supreme Court’s cassation complaints admissibility practice.


2020 ◽  
Vol 6 (3) ◽  
pp. 324-331
Author(s):  
M. Kochetkova ◽  
K. Shumova

This article is devoted to forensic examination as a condition for the realization of the right to a fair trial of a civil case in the context of changing legal reality. The study of forensic examination as a form of using special knowledge in civil proceedings is relevant and promising. The article discusses the conditions and guarantees of the right to a fair trial, sets out the theoretical problems of forensic examination, the procedural procedure for the appointment and conduct of forensic examination in civil proceedings, features of the appointment of forensic examination for certain categories of civil cases.


Author(s):  
Лидия Владимировна Туманова

Статья предлагает для обсуждения проблему обеспечения дополнительных гарантий права судей на справедливое судебное разбирательство. Показаны проблемы с обращением в суд судей по общегражданским делам и особенности судебной защиты судьи в соответствие с его статусом. The article proposes for discussion the problem of providing additional guarantees of the right of judges to a fair trial. The problems with the appeal of judges in civil cases and the peculiarities of judicial protection of a judge in accordance with his status are shown.


2014 ◽  
Vol 1 (4) ◽  
pp. 138-148
Author(s):  
S F Afanasiev

The article in the light of the draft Concept for the unification of procedural law-legislation, as well as future development and adoption of Code of civil procedure of the Russian Federation examines the question of the right to a fair trial in civil cases and its elements. It is emphasized that the right to a fair trial is not in its aims-ness declarative, its content is diverse and includes organic municipal, institutional, procedural and special part that should be taken into account by the domestic legislator in the course of further reforming and improving civil procedural law.


2020 ◽  
pp. 277-312
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey

This chapter examines the provisions of the European Convention on Human Rights (ECHR) on the right to a fair trial in criminal and civil cases, explaining that Article 6 of ECHR holds that the Strasbourg Court has no jurisdiction to reopen national legal proceedings or to substitute its own findings of fact for the conclusions of national courts. The chapter examines the interpretation by the Strasbourg Court of the protections provided by Article 6 in the extensive jurisprudence on this Article and discusses issues concerning the overall requirements of a fair hearing, right of access to court, and the extraterritorial effect of Article 6.


Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey

This chapter examines the provisions of the European Convention on Human Rights (ECHR) on the right to a fair trial in criminal and civil cases, explaining that Article 6 of ECHR holds that the Strasbourg Court has no jurisdiction to reopen national legal proceedings or to substitute its own findings of fact for the conclusions of national courts. It discusses issues concerning the overall requirements of a fair hearing, right of access to court, and the extraterritorial effect of Article 6.


Author(s):  
Yu. Prytyka ◽  
I. Izarova

The event of the thirtieth anniversary of Ukraine's independence [1] provides an excellent opportunity to sum up the interim results, analyse the achievements made in building an independent democracy, as well as to understand the miscalculations that can hardly be avoided. Legal science plays a huge role in this, particularly, its part related to the field of administration of justice in civil cases which is ensuring the effective settlement of civil disputes and the administration of civil justice. In view of this, the purpose of the study is to establish the contribution of legal scholars of Taras Shevchenko National University of Kyiv in the development of the doctrine of the science of civil procedural law during the period of independence of Ukraine since 1991. To achieve this goal, scientific methods of analysis of the main legislative acts regulating civil procedural relations were used, the provisions of those studies were singled out and characterized; the latter proposed new approaches to improving the mechanism of exercising the right to a fair trial, ensuring access to justice in civil cases; development and improvement of civil justice in the context of modern international, in particular, European approaches. The results of the study revealed more than forty dissertation researches, which were promoted during the selected period at the University, as well as a number of scientific studies that significantly influenced the development of the national tradition of civil procedure. The conclusions summarize the results of the study and identify areas for further development of research in the field of civil procedural law of Ukraine. In particular, it is noted that today special attention should be paid to the need for proper implementation in Ukraine of the concept of the right of everyone to a fair trial, guaranteed by the European Convention, as well as to increase out-of-court settlement of disputes mediating the right to access and freedoms in the modern world. It is important to understand the global trend of reconciliation of the parties as the most effective settlement of disputes and the spread of various ways that allow the parties to find the most convenient and effective way to protect their rights. Keywords: civil process, Ukraine, access to justice, legal doctrine, Kyiv University, Civil Procedure Code of Ukraine.


Author(s):  
Emily R. Edwards ◽  
Karen E. Mottarella ◽  
Shannon N. Whitten
Keyword(s):  

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.


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