scholarly journals Development of Simplified Procedures in Civilistic Process in the Context of Legislative Reforms

2020 ◽  
pp. 103-115
Author(s):  
Tatyana V. Sakhnova
Keyword(s):  
Law Enforcement ◽  
21St Century ◽  
Public Law ◽  
General Regularity ◽  
Procedural Law ◽  
Codes Of Practice ◽  
Legislative Reforms ◽  
Judicial Procedures ◽  
Simplified Procedures ◽  
Judicial Procedure

The article is devoted to the problems connected with the unification of a number of judicial procedural and non-procedural codes of practice in modern civilistic process of Russia. These problems are reviewed in terms of ontology, taking into account new legislative statutes of 2018-2019. Unification and differentiation of judicial procedures is a twin-track trend of the civilistic process, stemming from globalization of the procedural in the 21st century. At the same time, the general regularity is achieved in different ways depending on the type of process and its national realisation. The judicial procedures, which have a structural specificity in relation to the general, “extended” judicial procedure within the civilistic procedural form, cannot be reduced to simplified procedures and simplification of the process only, but rather these procedures testify to the complication of the civilistic process. This article substantiates the thesis that an increase in the coefficient of applied efficiency of the civilistic process can only be implemented through reaching a balance of private law and public law in judicial procedures. The conclusions regarding the essence of court procedures and the methodology of their application in the procedural law are meaningful as regards lawmaking and law enforcement activities

scholarly journals The principle of balance in civil procedural relation

Legal Ukraine ◽  
2019 ◽  
pp. 17-23
Author(s):  
Oksana Shutenko
Keyword(s):  
System Development ◽  
Civil Litigation ◽  
Judicial Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Deep Significance ◽  
Judicial Procedures ◽  
Simplified Procedures ◽  
Judicial Procedure ◽  
Procedural Rights

The article is devoted to the study of a new principle of civil procedural law – the principle of balance of civil procedural legal relations. The article contains conclusions about the deep significance of the principle of balance for the effective functioning of the justice system. The analysis of the effect of this principle in simplified procedures of civil proceedings is carried out. We distinguish the principle of the balance of civil procedural relations and understand it as achieving the equilibrium of the specified system – a stable balance of elements of the system in a limited period of time (at this stage of existence). Simultaneously with constancy, any system is characterized by instability as a resource for system development and improvement, for entropy prevention and system catastrophe. The principle of the balance of civil procedural relations is manifested primarily in the fact that the amount of legal interest is directly proportional to the amount of procedural rights conferred on the subject of the process. When applying the simplified procedures of civil litigation, the following is observed: the equilibrium in the judicial process at first glance is broken due to the proper simplification of the judicial procedure, the absence of traditional stages, institutions of civil litigation. Meanwhile, the aforementioned is offset by the speed of consideration and resolution of the case. The principle of the balance of civil procedural relations is of particular importance at the stage of modern lawmaking, when there is a change in outlook and the formation of a new understanding of justice in the civil process, namely, the purpose of civil justice is more widely disclosed. Such conclusions are led by the analysis of the novelties of the Civil Procedure Code of Ukraine – simplified (in comparison with the general lawsuit) civil litigation procedures in which there is one way or another no dispute about the law – there is a weakening or absence of dispute. Key words: principles of civil procedural law, efficiency of legal proceedings, simplified judicial procedures, principle of balance, civil procedural legal relations.

scholarly journals The principle of balance in civil procedural relations

2020 ◽  
pp. 153-162
Author(s):  
Oksana Shutenko
Keyword(s):  
System Development ◽  
Civil Litigation ◽  
Judicial Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Deep Significance ◽  
Judicial Procedures ◽  
Simplified Procedures ◽  
Judicial Procedure ◽  
Procedural Rights

The article is devoted to the study of a new principle of civil procedural law – the principle of balance of civil procedural legal relations. The article contains conclusions about the deep significance of the principle of balance for the effective functioning of the justice system. The analysis of the effect of this principle in simplified procedures of civil proceedings is carried out. We distinguish the principle of the balance of civil procedural relations and understand it as achieving the equilibrium of the specified system - a stable balance of elements of the system in a limited period of time (at this stage of existence). Simultaneously with constancy, any system is characterized by instability as a resource for system development and improvement, for entropy prevention and system catastrophe. The principle of the balance of civil procedural relations is manifested primarily in the fact that the amount of legal interest is directly proportional to the amount of procedural rights conferred on the subject of the process. When applying the simplified procedures of civil litigation, the following is observed: the equilibrium in the judicial process at first glance is broken due to the proper simplification of the judicial procedure, the absence of traditional stages, institutions of civil litigation. Meanwhile, the aforementioned is offset by the speed of consideration and resolution of the case. The principle of the balance of civil procedural relations is of particular importance at the stage of modern lawmaking, when there is a change in outlook and the formation of a new understanding of justice in the civil process, namely, the purpose of civil justice is more widely disclosed. Such conclusions are led by the analysis of the novelties of the Civil Procedure Code of Ukraine - simplified (in comparison with the general lawsuit) civil litigation procedures in which there is one way or another no dispute about the law – there is a weakening or absence of dispute. Key words: principles of civil procedural law, efficiency of legal proceedings, simplified judicial procedures, principle of balance, civil procedural legal relations.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals THE PRINCIPLE OF EXPEDIENCY OF LAW INTERPRETATION

2020 ◽  
pp. 8-14
Author(s):  
S. V. Pryima
Keyword(s):  
Law Enforcement ◽  
Positive Result ◽  
Public Interest ◽  
Legal Responsibility ◽  
The Public ◽  
Procedural Law ◽  
Different Types ◽  
The Subject ◽  
Judicial Procedures ◽  
Optimal Set

In the article was investigated the principle of expediency of law interpretation. It is noted that the term “expediency” is close in meaning to the terms “optimality”, “rationality”, “efficiency”. Due to this the principle of expediency is seen in a general way as the principle which requires that the subject should achieve a useful, positive result with applying the optimal set of methods. It is established that the principle of expediency is realized in different branches and institutions of law. Particularly, in the civil procedural law such judicial procedures are based on this principle as examination, storage and provision of evidence, the appointment and realization of expertise, the association and dissociation of claims. It is also noted that the principle of expediency is important in punishing a person, in other words, it is the basis of legal responsibility. In this sphere, it consists in the individualization of punitive measures or punishment depending on the gravity of the offense, taking into account the offender's personality, his welfare and the circumstances of the action. The principle of expediency also means that the chosen measure is relevant to the purposes of responsibility. It is noted that the principle of expediency makes the requirements for conducting different types of legal activity – law-making, law-enforcement, and therefore, it is one of the main principles of law interpretative activity. It is emphasized that the basic idea of this principle is that the act should not be interpreted in the sense which makes it aimless, so, the act cannot be interpreted beyond the purpose for which it was adopted. In the article is also argued that a particular method of setting of a goal of a legal norm is a teleological (purposeful) mean of interpretation. The requirements of the principle of expediency include the aspiration of the public interest and the obligation to apply the verification of interpretative conclusions. The principle of expediency of law interpretation is defined as the interpretative principle, the essence of which is the aspiration of the subject of interpretation to achieve the goal, to obtain a useful, positive result from their activities by using the optimal set of methods for this purpose.

scholarly journals The procedural component of legal liability

2018 ◽  
Vol 83 (4) ◽  
pp. 11-18
Author(s):  
L. I. Kalenichenko ◽  
D. V. Slynko
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Public Law ◽  
The State ◽  
State Agencies ◽  
Private Law ◽  
Procedural Law ◽  
The Law ◽  
Lawful Conduct ◽  
Procedural Basis

The procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedural law; thirdly, legal liability is implemented through the law-enforcement activities of the state. It has been substantiated that the fact of the possibility to bring the relevant subject to liability (in private relations) with the help of state agencies affects the awareness of the subject of liability and induces him to voluntarily “take and bear” legal liability. Private liability is realized indirectly through the law-enforcement activity of the state and forms the marginal type of lawful conduct. Attention has been paid to the fact that, unlike public law branches, it is sometimes sufficient to have two grounds (regulatory and factual) in private law branches to bring to justice and to induce legal liability. It has been emphasized that the process of the realization of liability in private law differs from the process of its implementation in public law. However, bringing to liability both in public and in private law is regulated by procedural norms and is implemented within the framework of procedural relations that serve as a form of relations of legal liability.

Certain Procedural Specifi cs of Application of the Criminal Provisions on Exemption from Criminal Liability

2020 ◽  
Vol 7 ◽  
pp. 5-16
Author(s):  
А.А. Tolkachenko ◽  
Keyword(s):  
Quality Improvement ◽  
Law Enforcement ◽  
Criminal Liability ◽  
Procedural Law

The article analyzes the connections and interdependences of criminal and procedural provisions in deciding matters of exemption from criminal liability; particular procedural limiters (filters) are highlighted and their influence on the application of substantive provisions is demonstrated. Additional (synthesized, criminal procedural) rules of application of the provisions on exemption from criminal liability are proposed, which are subject to be considered in practice. At the expense of inter-sectoral aspects the possibility of quality improvement of the criminal and criminal procedural law enforcement is justified.

Algorithmic Governance by Online Intermediaries

2019 ◽  
Author(s):  
Niva Elkin-Koren ◽  
Maayan Perel
Keyword(s):  
Risk Management ◽  
Law Enforcement ◽  
Public Discourse ◽  
Critical Role ◽  
Public Law ◽  
Online Content ◽  
Private Ordering ◽  
Algorithmic Accountability ◽  
Copyright Enforcement

In recent years, there is a growing use of algorithmic law enforcement by online intermediaries. Algorithmic enforcement by private intermediaries is located at the interface between public law and private ordering. It often reflects risk management and commercial interests of online intermediaries, effectively converging law enforcement and adjudication powers, at the hands of a small number of mega platforms. At the same time, algorithmic governance also plays a critical role in shaping access to online content and facilitating public discourse. Yet, online intermediaries are hardly held accountable for algorithmic enforcement, even though they may reach erroneous decisions. Developing proper accountability mechanisms is hence vital to create a check on algorithmic enforcement. Accordingly, relying on lessons drawn from algorithmic copyright enforcement by online intermediaries, this chapter demonstrates the accountability deficiencies in algorithmic copyright enforcement; maps the barriers for algorithmic accountability and discusses various strategies for enhancing accountability in algorithmic governance.

Public Law Enforcement under Ambiguity

2020 ◽  
Author(s):  
Bertrand Chopard ◽  
Marie Obidzinski
Keyword(s):  
Law Enforcement ◽  
Public Law

REVIEW ON THE E.A. IVANOVA’S BOOK “AGREEMENTS IN THE FIELD OF CIVIL JURISDICTION: PROCEDURAL AND LEGAL ASPECT”

2021 ◽  
Vol 11 (4) ◽  
pp. 317-333
Author(s):  
S.P. GRUBTSOVA
Keyword(s):  
Law Enforcement ◽  
Market Economy ◽  
Economic Freedom ◽  
Legal Aspect ◽  
Theoretical Development ◽  
Full Potential ◽  
Private Law ◽  
Legal Institutions ◽  
Procedural Law ◽  
Key Aspects

The review presents the book by E.A. Ivanova “Agreements in the Field of Civil Jurisdiction: Procedural and Legal Aspect”. According to the reviewer, in modern conditions there is a tendency towards strengthening of private law principles and the development of dispositiveness in the context of civil procedural law, which is associated, in particular, with the implementation of the ideas of economic freedom and market economy within the framework of civil circulation and the transformation of legal institutions of substantive branches of law. Proceeding from this, there is a need for new doctrinal, lawmaking and law enforcement approaches on the issue of empowering legal participants in the independent choice of forms and methods of protecting violated rights, as well as in order to influence the dynamics of procedural legal relations. This is possible through the use in legislation of the full potential of procedural agreements, the theoretical development of which was carried out in the book under review, meaningfully revealing the key aspects of the indicated problem.

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