scholarly journals Polish Preparatory Proceedings in Civil Cases: Written or Oral? Lessons to be Learned from Some Other Jurisdictions

2016 ◽  
Vol 45 (1) ◽  
pp. 199-223
Author(s):  
Anna Piszcz
Keyword(s):  
Main Part ◽  
Advantages And Disadvantages ◽  
Civil Proceedings ◽  
Civil Cases

Abstract In this paper a description of the model of Polish preparatory proceedings in civil cases will be presented. By looking at foreign examples of preparatory activities in civil cases first, we will be able to discern what potential advantages and disadvantages are associated with the written or oral (spoken) form of preparatory activities of court actors in the first stage of civil proceedings. In the second main part of the paper the author will turn to Polish counterparts of these preparatory activities and their form. The author will also deliberate on where a change is needed. She will also attempt to propose some measures that might be useful in the current condition of Polish civil proceedings.

ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA

2020 ◽  
Author(s):  
Anton Koshelev ◽  
Ekaterina Rusakova
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Sequential Analysis ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Private International Law ◽  
Electronic Evidence ◽  
Advantages And Disadvantages ◽  
Research Activities ◽  
Civil Proceedings

A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.

APPEAL AND COMPLAINT IN CIVIL PROCEEDINGS AFTER THE CHANGES MADE BY THE ACT OF JULY 4, 2019. – SELECTED ISSUES

2020 ◽  
Vol 4 (XX) ◽  
pp. 181-201
Author(s):  
Mariusz Śladkowski
Keyword(s):  
Civil Procedure ◽  
Fair Trial ◽  
Legal Regulations ◽  
Civil Proceedings ◽  
Civil Cases ◽  
Civil Courts

One of the most important changes to the legal regulations in 2019 is the reform of the civil procedure introduced by the Act of July 4, 2019 amending the Act - Code of Civil Procedure and certain other acts. One of the most important goals of this reform was to improve the implementation of the civil right to a fair trial. According to the authors of the reform, the existing solutions in terms of the manner of conducting civil proceedings have worked well under conditions of a relatively low burden on civil courts. Nowadays, when the number of civil cases is gradually increasing, the legislator’s efforts are required that will realistically simplify and accelerate the proceedings in these cases. As part of the amendment in question, two far-reaching changes were made to two means of appeal, basic for civil proceedings, i.e. an appeal and a complaint

The value, concept and essence of appeal proceedings in civil cases

2020 ◽  
pp. 523-529
Author(s):  
Liliya Usich
Keyword(s):  
Human Rights ◽  
Knowledge Based ◽  
Civil Proceedings ◽  
High Prevalence ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Civil Cases ◽  
Judicial Errors ◽  
The Right ◽  
Judicial Protection

This work is devoted to identifying the significance of the appeal proceedings in civil cases. We emphasize that the right to judicial protection is one of the fundamental human rights. To achieve this goal, we set the following tasks: define the concept of appeal proceedings; characterize the essence of the appeal proceedings in civil cases. In the course of studying the issue, we use the methods of scientific knowledge, based on the results of which the appropriate conclusions are drawn: despite the wide recognition of the appeal proceedings in the Russian Federation, we note the need to improve the efficiency of this institution due to certain omissions in the legislation. As a result, we define what should be understood as an appeal – consideration of cases that have not entered into legal force. By virtue of this, the importance and significance of the appeal proceedings as an appeal tool, as well as the direct correction of judicial errors, is noted both by the norms of domestic legislation and by international human rights bodies. The indicated gaps in the legislation show the absence of clearly defined boundaries, which creates problems in determining the value and essence of the appeal proceedings both at the theoretical and practical levels. In particular, there is a controversy on the appeal proceedings’ importance. However, the doctrine identifies two main elements, the essence of the appeal proceedings is: 1) the repetition of the case; 2) verification of the judicial act. Nevertheless, despite the high prevalence of appeals in civil proceedings, the issue of improving the effectiveness of this institution is still relevant, which leads to the inefficiency of civil proceedings in general.

STUDY OF THE PROCEDURAL FORM OF SIMPLIFIED PROCEEDINGS IN THE CONTEXT OF THE PROBLEM OF IMPLEMENTATION OF THE PRINCIPLE OF PROCEDURAL ECONOMY

2021 ◽  
Vol 11 (3) ◽  
pp. 212-223
Author(s):  
R.R. DOLOTIN
Keyword(s):  
General Procedure ◽  
Legal Proceedings ◽  
Optimal Balance ◽  
Civil Proceedings ◽  
Civil Cases ◽  
The Way

The search for an optimal balance between the result of legal proceedings and the way to achieve it is currently one of the most important areas of development of procedural legislation. In this regard, there is a need to use not only the general procedure for the consideration and resolution of cases, but also a special one, which contributes to the rational simplification and acceleration of procedures. In this sense, the study of the procedural form used in the claim and simplified proceedings is of particular value. The author comes to the conclusion that in simplified proceedings, a truncated procedural form is used, which is characterized by such manifestations of procedural economy as the absence of a preliminary meeting, summoning the parties to a court session, the prohibition of the court’s examination of evidence provided in violation of deadlines, making a decision without a reasoned part, etc. It is noted that the effectiveness of arbitration proceedings should not be achieved by violating the fundamental principles of civil proceedings. In conclusion, the author concludes that the procedural form should be defined as a system of scientifically grounded, normatively defined conditions of effective and correct resolution of civil cases, determined by legal relations to be protected.

scholarly journals Analisis Yuridis Kekuatan Hukum Sertipikat Tanah Elektronik Dalam Pembuktian Hukum Acara Perdata

Widya Bhumi ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 13-24
Author(s):  
Dian Dewi Khasanah
Keyword(s):  
Scientific Paper ◽  
Civil Procedure ◽  
Electronic Information ◽  
Analog To Digital ◽  
Electronic Documents ◽  
Electronic Evidence ◽  
Legal Method ◽  
Civil Proceedings ◽  
Civil Cases ◽  
Court Proceedings

The role of electronic evidence, namely electronic certificates as part of electronic documents in civil cases, is still questionable. The presence of the Electronic Information and Transactions Law, which is the legal umbrella for the validity of electronic certificates, apparently still raises pros and cons, even in the eyes of law enforcers, therefore more specific regulations are needed so that the validity and strength of proof of electronic certificates are no longer questioned in court proceedings, especially civil cases. Electronic certificate or also known as electronic land certificate as one of the products from The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency which is currently being discussed will implement a media transfer process from analog to digital form. For this reason, it is necessary to prepare further regarding regulations to regulate how the later position and strength of evidence from electronic land certificates in Civil Procedure Law as an extension of evidence in civil cases. The method used in writing this scientific paper is legal research with the socio-legal method, namely by normatively examining the regulations regarding the Information dan Electronic Transaction of law in which have been used in civil proceedings in court and by looking at the existing norms and responses that are developing in the community. In the provisions of Article 6 of the Electronic Information and Transactions Law, an electronic document is considered valid if it is accessible, displayable, assured as to its integrity, and accountable. However, because it does not have perfect evidentiary power, it is necessary to accelerate the discussion of the Draft Civil Procedure Law, so that electronic land certificates as part of electronic documents have perfect evidentiary power in court, especially in civil cases.Keywords: Electronic Land Certificate, Evidence, Civil Procedure Law Intisari: Peran alat bukti elektronik yaitu sertipikat elektronik sebagai bagian dari dokumen elektronik dalam perkara perdata sampai saat ini masih dipertanyakan keabsahannya. Kehadiran UU ITE yang menjadi payung hukum dari keabsahan sertipikat elektronik rupanya masih menimbulkan pro dan kontra, bah­kan di mata penegak hukum, oleh karenanya dibutuhkan regulasi yang lebih spesifik agar keab­sahan dan kekuatan pembuktian dari sertipikat elektronik tidak lagi dipertanyakan dalam beracara di pengadilan khususnya perkara perdata. Sertipikat elektronik atau dapat juga disebut sertipikat tanah elektronik sebagai salah satu produk dari Kementerian Agraria dan Tata Ruang/ Badan Pertanahan Nasional (ATR/BPN) yang saat ini sedang diwacanakan akan diberlakukan atau akan dilaksanakan proses alih media dari bentuk analog ke bentuk digital. Untuk itu perlu dipersiapkan lebih lanjut menge­nai regulasi untuk mengatur bagaimana nantinya kedudukan dan kekuatan pembuktian dari sertipikat tanah elektronik dalam Hukum Acara Perdata sebagai perluasan alat bukti pada perkara perdata. Metode yang digunakan dalam penulisan karya ilmiah ini adalah penelitian hukum dengan metode sosio legal, yaitu dengan mengkaji secara yuridis normatif berbagai ketentuan perundang-undangan dan pengaturan mengenai dokumen elektronik yang selama ini dapat digunakan dalam beracara secara perdata di pengadilan serta dengan melihat norma dan respon yang ada dan berkem­bang di tengah masyarakat. Dalam ketentuan Pasal 6 UU ITE, suatu dokumen elektronik dianggap sah apabila dapat diakses, ditampilkan, dijamin keutuhannya, dan dapat dipertanggungjawabkan. Namun karena belum memiliki kekuatan pembuktian yang sempurna, maka perlu segera dipercepat pemba­hasan mengenai Rancangan Undang-Undang Hukum Acara Perdata, agar sertipikat tanah elektronik sebagai bagian dari dokumen elektronik memiliki kekuatan pembuktian yang sempurna di muka pengadilan khususnya perkara perdata.Kata Kunci: Sertipikat Tanah Elektronik, Pembuktian, Hukum Acara Perdata

scholarly journals Representation in court in civil cases by lawyer as a representative

2021 ◽  
pp. 24-27
Author(s):  
Oleksandra SYTENKA ◽  
Yulia MAKARCHUK
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
Legal Services ◽  
Legal Assistance ◽  
Human Right ◽  
Civil Proceedings ◽  
Legislative Proposals ◽  
Civil Cases ◽  
The Right ◽  
Professional Representation

Introduction. The authors note that despite significant changes in the institution of representation, there are many problems in practice, so its research and modernization are relevant now. The right to protection is one of the constitutional human rights. The purpose of the paper is to study the institution of representation by a lawyer in civil proceedings and to clarify the problems that may arise in practice. Results. This paper is devoted to the study of the form of legal assistance by a lawyer through representation. The paper considers the legal aspects of the concept of legal assistance, representation, as well as types of legal services. It should be noted that the paper pays considerable attention to the representation in court in civil cases by a lawyer as a representative. The authors have determined that at present only a lawyer can be a representative who provides legal assistance. Analyzing the information, it has been found out that this is related to the amendments made to the legislation, which aimed at modernization and improvement of the institute of representation in Ukraine. The paper considers different opinions on the concentration of the exercise of the functions of legal assistance by lawyers. It is concluded, that the professional representation is necessary for implementation of the human right to adequate legal assistance. It should be noted that the possibilities of further improvement of the institute of representation through legislative proposals were considered. Conclusion. The authors concluded that the institution of representation has undergone positive changes. In practice, there are some contradictions, so this issue needs further improvement.

Court

2021 ◽  
pp. 83-90
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Expert Witnesses ◽  
Criminal Cases ◽  
Civil Proceedings ◽  
Civil Cases

This chapter explains the procedure followed in criminal cases and civil cases. It explores the role of the Crown Prosecution Service in criminal prosecutions. It also considers the important role that expert witnesses can play in civil proceedings and what the expectations are of those who put themselves forward for that role.

scholarly journals oral factor in adversarial civil proceedings

2021 ◽  
Vol 5 (S4) ◽  
pp. 832-844
Author(s):  
Oksana O. Hrabovska ◽  
Olena S. Zakharova ◽  
Nataliia O. Priazhenkova
Keyword(s):  
Analytical Method ◽  
Important Material ◽  
Civil Proceedings ◽  
Ancient Times ◽  
Civil Cases

The relevance of the problem stated in this paper is conditioned by the fact that under any circumstances the parties are carriers of certain evidentiary information about facts and their explanations are evidence. The explanations of the parties provide the court with important material for proving and making a decision on the case. This is ensured by the oral nature of civil proceedings since civil cases are usually considered orally in courts. The purpose of the paper is to establish the degree of application of the oral factor in adversarial civil proceedings. An analytical method was used as one of the main ones, which made it possible to assess the oral factor in civil proceedings from the ancient times of its initial introduction to the present.

scholarly journals LEGAL MECHANISM OF THE COURT FEE REFUND IN CASE OF TRIAL COMPLETION WITHOUT ADOPTION OF A JUDGEMENT IN CIVIL PROCEEDINGS

2021 ◽  
Vol 13 (3) ◽  
pp. 57-66
Author(s):  
Ulyana Vorobel ◽  
Keyword(s):  
Case Law ◽  
Legal Regulation ◽  
Court Decision ◽  
Civil Proceedings ◽  
Legal Nature ◽  
Legislative Regulation ◽  
Special Basis ◽  
Legal Consequence ◽  
Civil Cases ◽  
Legal Mechanism

The peculiarities of the legal mechanism of returning the court fee in case of completion of civil cases without a court decision are analyzed, issues of these applications practical resolving are considered, as well as suggestions for improving the legal regulation in case of the closure of the proceedings or leaving the application without consideration are proposed. While analyzing examples of case law, it was established that the lack of legislative regulation of the procedure for confirming or denying the existence of grounds for the amount of court fees refund causes a lot of confusion and contradictory solutions to the judiciary in this regard. The position on the impossibility of equalization due to the different procedural nature of leaving without consideration of statements on procedural issues, such as: on providing evidence, on securing a claim, on dismissal of a judge, and leaving without considering a statement of claim as a civil procedural institute, regulated by Art. 257 of CPC of Ukraine are justified. It has been concluded that in case the court finds circumstances that are grounds for the application of the institute of leaving the application without consideration and provided for in Art. 257 of CPS of Ukraine, when considering applications on procedural issues, should apply such a special legal consequence as a return of the application without consideration. It has been established that returning an application on procedural issues without consideration and leaving an application without consideration are completely different legal categories. Return of applications on procedural issues without consideration due to its legal nature is a special basis for the application of the return of the application institute, and therefore the legal consequence of such an application would be considered not filed at all. In this connection, it has been proposed to enshrine in the legislation the provisions on the refund of the court fee in case of return without consideration of the application on procedural issues, for the submission of which such payment was paid.

scholarly journals Certain aspects of giving legal aid in the courts of Ukraine in civil process in modern conditions

2021 ◽  
pp. 49-55
Author(s):  
Maksym Volodymyrovych Shpak
Keyword(s):  
Legal Aid ◽  
Further Training ◽  
Professional Skills ◽  
Civil Process ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Long Time ◽  
Family Case ◽  
Civil Cases ◽  
Court Proceedings

Modern legal and judicial practice is constantly faced with problems of shortage of judges and as a result there is a big amount of unresolved cases in civil proceedings. This trend is observed from year to year. This problem is closely related to the fact that due to the insufficient number of judges in some courts of Ukraine, the process of providing legal aid by different groups of subjects is significantly complicated due to the actual impossibility of implementing proceedings in a particular court. Moreover, in Ukraine there are cases when there are no judges in the courts who have the power to administer justice. In this regard, in this research, the author is trying to examine the situation of legal aid cases in civil proceedings, taking into account statistics on the number of judges in Ukraine and the number of civil cases considered by courts in recent years. It is seemed that providing a legal aid in civil proceedings depends not only on the professional skills of the representative. It depends on the legal environment where it is provided. This is due to the fact that, for example, due to the absence of judges in a particular court, a lawyer cannot provide other types of legal aid, except drawing up and filing a statement of claim. For example, this may be the case in a family case where persons have filed a lawsuit for divorce at the place of residence, but due to the absence of judges in court, the case cannot be considered. Because of this: 1) representatives (including lawyers) cannot provide the legal aid in the court proceedings; 2) the parties in such case will have to wait a long time, when a judge will be appointed to the case. In recent years, legal aid in the civil process of Ukraine has become increasingly in demand. For the full implementation of legal aid in civil cases in Ukraine, it is necessary that persons who provide it, constantly further training, improve professional skills and abilities.

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