Issues of Commercial Jurisdiction in the Context of Courts Specialization in Ukraine

2019 ◽  
Vol 10 (3) ◽  
pp. 703
Author(s):  
Iryna BALIUK ◽  
Olga NAMIASENKO
Keyword(s):  
Supreme Court ◽  
Judicial System ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Civil Courts ◽  
The Relationship ◽  
Commercial Courts

The research deals with the study of such complex issues of commercial legal proceedings as the formation and development of the concept of specialization of courts, the relationship between the concepts of judicial specialization and jurisdiction, the conflict of jurisdiction of commercial and civil courts, commercial and administrative courts.The study also examines the issues of the formation of the judicial system of Ukraine and commercial courts in the judicial system of Ukraine, the problem of the formation of judicial practice and powers of the Supreme Court, and determines the causes of the conflict of jurisdiction. Criteria determining the jurisdiction of specialized courts are considered.

scholarly journals Role and Place of Higher Specialized Courts in the Judicial System of Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 250-257
Author(s):  
V. V. Chumak
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Judicial Power ◽  
Legal Documents ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Definition Of

The role and place of higher specialized courts in the judicial system of Ukraine have been studied and determined. The author has studied such main categories as “judicial system of Ukraine”, “judiciary”, “judicial system” and “judicial power”. The judicial system of Ukraine has been established. The normative and legal base of functioning of highest specialized courts of Ukraine has been characterized. The author has provided own definition of the categories “judicial system of Ukraine” and “judicial power of Ukraine”. The author has offered to understand the category of “judicial system of Ukraine” as the totality of all hierarchically structured elements of the system (courts), which are endowed with exclusive competence to administer justice, built on the principles of territoriality and specialization, are defined by law and united by general principles of their organization and activity. In turn, the concept of “judicial power of Ukraine” is defined as the activity of courts (judicial system) to administer justice and to perform their professional duties within the limits and in the manner prescribed by the Constitution and laws of Ukraine in accordance with international and legal documents. It has been determined that highest specialized courts in the judicial system of Ukraine are the Supreme Court on Intellectual Property Issues and the Supreme Anti-Corruption Court. It has been concluded that highest specialized courts in the judicial system of Ukraine play an important role in the holistic mechanism of the entire judicial system, since they are endowed with exclusive competence to consider and decide cases on the merits of certain categories, and their activities are determined at the level of a separate regulatory act, which determines their legal status, and hence their place in the judicial system of Ukraine.

scholarly journals The doctrinal approaches to figuring out the judiciary legal acts’ essence

2020 ◽  
Vol 11 (11) ◽  
pp. 27-33
Author(s):  
Parchomenko N.
Keyword(s):  
Supreme Court ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legal Nature ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Judicial Doctrine ◽  
The Moment ◽  
Legal Attitudes ◽  
Legal Force

It was found the legal nature, essence, concept and legal effect of the judiciary legal act’s at the current stage of development of the rule of law in Ukraine. At the moment, a legal science and legal practice has not the only approach to defining the application of the law by a court and judiciary legal acts. Their legal force is not clearly defined in the Ukrainian legislation, but they are binding. Therefore, the new Ukrainian legislation is investigated, namely the implementation of such legal ties as exemplary case of enshrining the binding nature of the Supreme Court’s judgements. It was found out that the judicial practice, judicial doctrine and judicial precedent have the common nature. They are the result of court’s activity, but in doing so, they have the different forms and legal force, thus, their status in the legal system, system of law and legal sources also differ. The judicial practice is primary to the judicial precedent and judicial doctrine, which result from the judicial practice and which are its manifestation. The judicial doctrine could have as a binding nature as a nature of recommendations. The judgements in exemplary case is regarded as judicial doctrine, as one of efficient manifestation of judicial practice. Therefore, the Supreme Court’s attitude were strengthened, since it has to ensure unity of judicial practice. Furthermore, the Supreme Court formulates the legal attitudes, that are binding. The court’s judgements, that are not based on the legal attitudes of the Supreme Court, the High Specialized Courts, the regulations of Supreme Court’s plenary, could be cancelled. So they are compulsory. They are the legal source at the formal legal level. Thus, judiciary’s law-enforcement acts have the normative content. Thereby, a clear distinction between legal and individual acts disappear. This is a judicial legislation. It results in the legal regulations, namely, judgements in an exemplary case or an order confirmed by the higher court. Accordingly, at the moment there is a need to legalize the legislation power of the court, what must be done on the constitutional level. That is, the reality must be formally enshrined. Keywords: doctrine, court, acts, legislation, precedent, exemplary case, practice, order, plenary, judgement.

CONSTITUTIONAL AND LEGAL STATUS OF THE SUPREME COURT AS A COURT OF LAW IN UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vasyl Khmyz ◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Professional Activity ◽  
Constitutional Court ◽  
Main Function ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Law ◽  
Grand Chamber

The article reveals the features of the constitutional and legal status of the Supreme Court as a court of law in Ukraine. It has been established that the constitutional and legal status of the Supreme Court is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges» and the Code of Administrative Procedure of Ukraine. Analysis of the legislation allows us to note that the Supreme Court is the highest court in the judicial system in Ukraine. The composition of the Supreme Court is formed by the Grand Chamber of the Supreme Court, the Administrative Cassation Court, the Criminal Cassation Court and the Civil Cassation Court. It has been established that the President of the Supreme Court is elected to office, and also dismissed from office based on the results of a secret ballot held by the Plenum of the Supreme Court. The constitutional and legal status of the Supreme Court makes it possible to single out such basic functions of the Supreme Court as: the function of administering justice, during which the Supreme Court acts as a court of cassation; the function of analyzing judicial statistics, as well as summarizing judicial practice; the function of providing conclusions on draft legislative acts directly related to the judicial system; the function of providing an opinion on the presence or absence of signs of committing high treason or other crime in the acts for which charges are brought against the President of Ukraine, for committing high treason or other crime; the function of providing appellate and local courts with proper methodological information on law enforcement issues, etc. It has been determined that the professional activity of the Supreme Court contributes to ensuring the observance of the principle of equality of all before the law and requires ensuring at the same time the achievement of the unity of judicial practice. It is noted that the prospects for further research in this direction are the study of the legal status of the Constitutional Court of Ukraine as a body of constitutional jurisdiction, the main function of which is to ensure the supremacy of the Constitution of Ukraine.

Review of the Practice of Application by Judges of Article 2.7 of the Administrative Code of the Russian Federation in the Resolution of Cases of Administrative Offenses

2021 ◽  
Vol 3 ◽  
pp. 66-80
Author(s):  
T. V. Fedorova ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Constitutional Court ◽  
Controversial Issues ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Administrative Code ◽  
Relationship Of ◽  
The Relationship

The review examines the rules and procedure for judges actions in resolving cases of administrative offenses with the application of the provisions of Article 2.7 of the Administrative Code of the Russian Federation; analyzes the practice of courts in various regions of the Russian Federation. Proposed solutions to controversial issues of judicial practice, the position of the constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the content and the relationship of the terms to be clarified in the case of an administrative offense, with the purpose of application of article 2.7 of the Administrative Code.

scholarly journals Problems of Proof of Application of Sufficient Measures With Respect to the Property of Persons Attracted to Subsidiary Responsibility in the Case of Bankruptcy

2020 ◽  
Vol 6 (7) ◽  
pp. 295-299
Author(s):  
Sh. Sadriddin-zoda ◽  
K. Shumova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Evidence Base ◽  
Controversial Issues ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Interim Measures

The work is devoted to the problems of ensuring property interests in a bankruptcy case. In particular, the author analyzed the current judicial practice of arbitration courts, including the opinion of the Supreme Court of the Russian Federation regarding the issue under consideration. The most relevant and controversial issues are presented on specific examples of legal proceedings. The lack of uniformity of judicial practice on the evidence of the validity of the application of interim measures, first of all, leads to the prolongation of litigation. The data that provide the best evidence base is given. In conclusion, it is concluded that relevant legislation should be amended accordingly, which would greatly simplify the process of proving the need for interim measures in respect of property of persons brought to subsidiary liability for obligations of a debtor in a bankruptcy case.

scholarly journals REVIEW OF LEGAL POSITIONS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION FOR 2015-2020 ON THE APPLICATION OF THE PROVISIONS OF THE CIVIL CODE OF THE RUSSIAN FEDERATION ON THE INVALIDITY OF TRANSACTIONS AND ON THE PROHIBITION OF ABUSE OF RIGHTS

2020 ◽  
pp. 7-15
Author(s):  
Ольга Георгиевна Барткова
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

В статье исследуется содержание положений основных Постановлений Пленума Верховного Суда РФ, а также обзоров судебной практики, утверждённых Президиумом Верховного Суда РФ, которые относятся к порядку применения ст. 168 во взаимосвязи со ст. 10 ГК РФ. Обосновывается вывод о том, что злоупотребление правом отнесено законом к числу самостоятельных оснований для признания сделки недействительной. Приведены и проанализированы примеры споров, иллюстрирующие взаимосвязь норм о недействительных (ничтожных) сделках с институтом «пределы осуществления гражданских прав», с основными началами гражданского законодательства. The article examines the content of the provisions of the main Resolutions of the Plenums of the Supreme Court of the Russian Federation, as well as reviews of judicial practice, approved by the Presidium of the Supreme Court of the Russian Federation, which relate to the procedure for applying Art. 168, Art. 170 of the Civil Code of the Russian Federation in conjunction with Art. 10 of the Civil Code of the Russian Federation. The conclusion is substantiated that abuse of the right is attributed by law to the number of independent grounds for recognizing the transaction as invalid. The examples of disputes are presented and analyzed, illustrating the relationship of the norms on invalid (void) transactions with the institution of «limits of the exercise of civil rights», with the basic principles of civil legislation.

Remote Proceedings in the Supreme Court of the Russian Federation

2020 ◽  
Vol 2 (3) ◽  
pp. 100-118
Author(s):  
A. S. German ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Theoretical Basis ◽  
Information Technologies ◽  
Systematic Approach ◽  
Systematic Analysis ◽  
Social Distancing ◽  
Legal Proceedings ◽  
The Supreme Court ◽  
The Russian Federation

Introduction. Currently, the Supreme Court of the Russian Federation, like many state bodies, is faced with a global challenge – the coronavirus pandemic, which has affected all public processes. The need for social distancing has contributed to the more active use of modern technologies that facilitate remote court hearings. Theoretical basis. Methods. The theoretical basis of the study were the Russian and foreign scientific works devoted to the problems of introducing information technologies into judicial activity. The methodological basis of the study was a systematic approach that made it possible to consider the possibilities of remote justice in its relationship to significant factors of a legal and organisational nature. The study used the methods of logical generalisations, analysis and synthesis, together with a systematic approach and the method of comparative jurisprudence. Results. The article briefly presents the results of a systematic analysis of measures carried out by the Supreme Court of the Russian Federation aimed at ensuring the widespread use of remote technologies in the administration of justice. Discussion and Conclusion. Given the current pandemic situation, the Supreme Court of the Russian Federation has introduced integrated related web conferencing and video conferencing technologies for remote court hearings. These technologies began to be actively used by courts during the pandemic period. Their application ensures a reasonable time frame for legal proceedings and makes it possible to ensure the availability of justice even in conditions of social distancing. The undoubted advantage of remote technologies is their potential to reduce procedural costs in the course of legal proceedings. However, the issues under consideration require further research, as well as preparation of conceptual suggestions to the legislator aimed at optimising procedural legislation.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

scholarly journals Insurance related problems in bareboat charter agreements

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Albano Gilabert Gascón
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Third Parties ◽  
Insurance Contract ◽  
The United Kingdom ◽  
The Supreme Court ◽  
The One ◽  
The Baltic ◽  
The Relationship

AbstractIn 2017, the majority of the United Kingdom Supreme Court held in its judgment in the Gard Marine and Energy v China National Chartering (The Ocean Victory) case that, in bareboat charters under the ‘BARECON 89’ form, if both the owner and the charterer are jointly insured under a hull policy, the damages caused to the vessel by the charterer cannot be claimed by the insurer by way of subrogation after indemnifying the owner. The interpretation of the charter party leads to the conclusion that the liability between the parties is excluded. Faced with the Supreme Court’s decision, the Baltic and International Maritime Council (BIMCO) adopted a new standard bareboat charter agreement only a few months later, the ‘BARECON 2017’ form, which amends, among other clauses, the one related to insurance. The present paper analyses (i) the new wording of the clause mentioned above and (ii) its incidence on the relationship between the parties of both the charter agreement and the insurance contract and its consequences for possible third parties. Despite BIMCO’s attempt to change the solution adopted by the Supreme Court and his willingness to allow the insurer to claim in subrogation against the person who causes the loss, the consequences, as it will be seen, do not differ much in practice when the wrongdoer is the co-insured charterer. On the contrary, when the loss is caused by a time charter or a sub-charter, in principle, there will be no impediment for the insurer to sue him.

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