Tendencies of Reforming Legislative Regulation in the Field of Evidence in Civil Procedure of Ukraine

2019 ◽  
Vol 10 (7) ◽  
pp. 1984
Author(s):  
Oksana O. HRABOVSKA ◽  
Olena S. ZAKHAROVA ◽  
Oleksandra O. KARMAZA
Keyword(s):  
European Community ◽  
Civil Law ◽  
Civil Procedure ◽  
Judicial Reform ◽  
Civil Justice ◽  
Legislative Reform ◽  
Electronic Evidence ◽  
Legislative Regulation

The radical political changes that have taken place in recent years in connection with Ukraine's desire for integration into the European community have led to another judicial reform. As part of the legislative reform, a new version of the Code of Civil Procedure (CPC) was developed and adopted in 2017. The aim of this study is to identify, structure and analyze the fundamental changes that have occurred in the new version of the Code, and to trace outline trends in legislation of Ukraine of such concept as proof and reliability of evidence. The research substantiates the need to separate electronic evidence as an independent means of proof in civil justice, to analyze new innovations in Ukrainian law, and to show progressive vectors of change in civil law in Ukraine. This study may form the basis for further research into civil justice reform.  

1 The History of Arbitration in Russia

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Seventeenth Century ◽  
Free Will ◽  
Civil Law ◽  
Civil Procedure ◽  
The Other ◽  
Judicial Reform ◽  
Commercial Arbitration ◽  
Bolshevik Revolution ◽  
History Of

This introductory chapter provides a background to arbitration in Russia. The history of arbitration in Russia can be traced back to the seventeenth century. In 1831, the Statute on Arbitration was enacted. In this Statute, there were two different systems of arbitration: statutory arbitration and voluntary arbitration. Statutory arbitration was not based upon the parties’ free will. This was a system in which parties were mandated to choose arbitration because of the overloaded court docket. Voluntary arbitration, on the other hand, was based upon the agreement of the parties. Statutory arbitration was abolished by the Great Judicial Reform of 1864 and only voluntary arbitration remained in the Rules of Civil Procedure. However, after the Bolshevik Revolution, all laws of the Tsarist regime, including the Rules on the Civil Procedure, were abolished. Nevertheless, the decree on the court No. 1 of 1917 accommodated arbitration as a means of settling civil law disputes. There was no commercial arbitration under socialism, except for two institutions attached to All-Union Chamber of Commerce and Industry. The chapter then looks at arbitration after the collapse of socialism. After decades of confusion, as an outcome of the 2015 Arbitral Reform, relevant laws were substantially amended and a licensing system was introduced for arbitral institutions.

scholarly journals Originality in Belgian civil law: comparing the Code Napoleon with Book 8 of the New Belgian Civil Code

2019 ◽  
pp. 25-39
Author(s):  
Niels Vandezande ◽  
Jessica Schroers
Keyword(s):  
Civil Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Electronic Evidence ◽  
Evidence Law ◽  
Law And Legislation

Dr Niels Vandezande and Jessica Schroers examine the introduction of an entire New Belgian Civil Code and the opportunity provided to make revisions to take account of electronic evidence. The authors explain how the NBCC codifies and simplifies existing rules to take account of digital issues. Index words: Belgium, Evidence law, civil law, civil procedure, Electronic evidence law and legislation

ON INTERACTION OF MATERIAL AND PROCEDURAL LAW IN THE CONTEXT OF REFORMING THE NOMENCLATURE OF SCIENTIFIC SPECIALTIES IN JURISPRUDENCE

2021 ◽  
Vol 3 (3) ◽  
pp. 214-231
Author(s):  
S.I. Suslova
Keyword(s):  
Civil Law ◽  
Scientific Research ◽  
Civil Procedure ◽  
Dialectical Logic ◽  
Advantages And Disadvantages ◽  
Procedural Law ◽  
Depth Study ◽  
Civil Science ◽  
Substantive Law ◽  
The Relationship

Introduction: the influence of the material branches of law on the content and development of procedural branches has long been substantiated in the legal literature. At the same time, civil law scholars, limited by the scope of the nomenclature of scientific specialties in legal sciences, do not have the opportunity to conduct dissertation research aimed at identifying the influence of procedural branches on the norms of substantive law. With regard to scientific research, the study of such an impact is currently permissible only within the specialty 12.00.15. Reforming the nomenclature of scientific specialties towards its enlargement creates the basis for the development of the scientific theory of intersectoral relations, developed by M.Iu. Chelyshev. An in-depth study of the intersectoral interaction of civil law and civil procedure will contribute not only to the development of scientific knowledge, but also will allow solving practical problems at a different methodological level. Purpose: to analyze the stages of the formation of scientific specialties in the context of the relationship between civil law and procedure, to identify the advantages and disadvantages of uniting and dividing civil law and procedure in scientific research, to analyze dissertations in different periods of development of the science of civil law and the science of civil procedure, to formulate ways to improve directions of research to bridge the gap between the science of civil law and procedure. Methods: empirical methods of description, interpretation; theoretical methods of formal and dialectical logic. The legal-dogmatic private scientific method was used. Results: identified the main views on the ratio of material and procedural branches in legal science; it is illustrated that the intersectoral approach is currently admissible only for dissertations in the specialty 12.00.15, which led to an almost complete absence of scientific research on this topic in civil science; substantiated the need to establish the bilateral nature of the relationship and interaction of material and procedural block. Conclusions: reforming the nomenclature of scientific specialties by right in the direction of their enlargement should have a positive effect on bridging the gap that has developed between works on civil law and civil law procedure in the last years of their separate existence. This is especially true of civil science, which developed its own scientific theories in isolation from the possibilities of their implementation within the framework of procedural law. The methodological basis for solving these problems has already been formed – this is an intersectoral method, the application of which is justified and demonstrated in the works of M.Iu. Chelyshev.

scholarly journals PROTECTION OF A FARM IN THE COURSE OF JUDICIAL ENFORCEMENT PROCEEDINGS BY A BAILIFF" ENFORCEMENT PROCEEDINGS - GENERAL ISSUES

2020 ◽  
pp. 120-128
Author(s):  
Адріан Яворський
Keyword(s):  
Civil Law ◽  
Civil Procedure ◽  
Climatic Conditions ◽  
Agricultural System ◽  
Agricultural Activity ◽  
Family Farm ◽  
Constitutional Protection ◽  
Lower Ranking ◽  
The Republic ◽  
Special Protection

In the Polish civil law, and in the civil procedure behind it, we are dealing with increased protection of farms, in particular farms run by individual farmers. Factors justifying this special protection of an agricultural holding are the variable economic situation on the agricultural market, conducting agricultural activity in specific conditions independent of the farmer (e.g. type of soils, climatic conditions), as well as the most important, constitutional protection of individual agricultural holdings. The basis of the agricultural system of the state is a family farm (Article 22 of the Constitution of the Republic of Poland), the legislator must adjust lower-ranking provisions to this constitutional primacy, hence the above restrictions have been introduced to the code of civil procedure. Key words: court, enforcement bodies, Enforcement of a farm by a bailiff, civil procedure.

scholarly journals Non-Delimitation of Incompetency Denotations in Jurisprudence and Law and the Contradiction of some of its Titles to the Law on Non-Litigious Matters

2019 ◽  
Author(s):  
Sorush Niknamian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Civil Procedure ◽  
Legal Capacity ◽  
The Law ◽  
The Individual ◽  
The Mind

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.

scholarly journals ZASADA PRAWDY FORMALNEJ W POLSKIM CYWILNYM PRAWIE PROCESOWYM A ROZUMOWANIA NIEMONOTONICZNE

2016 ◽  
Vol 16 (2) ◽  
pp. 37
Author(s):  
Marcin Trepczyński
Keyword(s):  
Civil Law ◽  
Legal Reasoning ◽  
Civil Procedure ◽  
Civil Court ◽  
Procedural Law ◽  
Procedural Code

The Principle of Formal Truth in the Polish Civil Procedural Law and Non-monotonic ReasoningSummary This paper analyses the implementation of the formal truth principle in the Polish civil procedural code in the light of non-monotonic reasoning. The author starts by presenting the concept and applications of non-monotonic reasoning, and the formal truth principle and its place in Polish civil procedure. Next he examines the conditions in which non-monotonicity is admissible in civil court reasoning. While legal reasoning may generally be regarded as non-monotonic due to the assumptions it employs and treats as defensible, the author’s observations on the basis of selected civil law cases lead him to the conclusion that the use of the formal truth principle as a viable instrument in law simply forces courts to make non-monotonic inferences. In other words, adopting this principle means accepting non-monotonic reasoning, or even more: if the court keeps to the formal truth principle it is using one of the types of non-monotonic logic.

JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV
Keyword(s):  
Russian Federation ◽  
Major Change ◽  
Civil Procedure ◽  
Judicial System ◽  
Judicial Reform ◽  
Federal Law ◽  
Current Trends ◽  
Procedure Code ◽  
The Russian Federation ◽  
Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

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