scholarly journals EXECUTIVE PROCEEDINGS AS THE FINAL STAGE OF THE TRIAL IN LIGHT OF ECHR PRACTICE AND ANTI-VIOLATION OF EXECUTIVE PROCEEDINGS PARTICIPANTS' PROCEDURAL RIGHTS

2020 ◽  
pp. 36-43
Author(s):  
S. Kravtsov
Keyword(s):  
Point Of View ◽  
Access To Justice ◽  
Court Decisions ◽  
Electronic Auction ◽  
Civil Cases ◽  
Enforcement Mechanisms ◽  
The Right ◽  
A Minor ◽  
Procedural Rights ◽  
Abuse Of Law

The paper explores the issues on the enforcement of judgments and its effectiveness, as well as the access to justice in civil cases. Based on the materials analyzed, the nature of the execution of civil decisions and enforcement proceedings in general is clarified. The abuse of law in the execution of court decisions is investigated. Based on the above analysis, the following types are distinguished: abuse by the claimant of the right to choose the place of enforcement proceedings commencing, the registration by the debtor at his place of residence (which is the sole property of the debtor that can be recovered) of a minor child, the cancellation of the results of electronic bidding through formal technical mistakes of the electronic auction organizer, abuse of the debtor's right to privacy, the initiation of parallel litigation by the debtor on the results of electronic bid- ding while the new owner sues the court to remove obstacles to the use of the premises and evictions, contemptuous attitude of enforcement pro- ceedings participants to the executor while the complaint against the executor's actions is under the court's consideration. The availability of justice in civil cases and the effectiveness of the mechanism for the protection of rights, freedoms and interests are directly linked to the observance of the requirement for irrevocable implementation of court decisions at the level of national law and the existence of effective enforcement mechanisms. The question of the nature of enforcement proceedings and their place in the legal system remains debatable in the civil procedural literature. As a rule, consideration of abuse of procedural rights is conducted in two directions, which do not exclude each other – from the point of view of the evaluation of abuse as a negative procedural phenomenon oranalysis of certain forms of abuse of procedural rights. There are also studies that deny the legitimacy of the design abuse of procedural rights.

Knowledge of the Polish language and the right to practice as a medical doctor. Notes on the margin of administrative court decisions

2021 ◽  
Vol 2(24) ◽  
pp. 11-20
Author(s):  
Michał Bartoszewicz
Keyword(s):  
Professional Preparation ◽  
Medical Doctor ◽  
Point Of View ◽  
Linguistic Competence ◽  
Court Decisions ◽  
Pragmatic Approach ◽  
Polish Language ◽  
Administrative Courts ◽  
The Right

The article deals with standards of professional preparation of doctors in the scope of speaking and writing Polish. The thesis of the article is that this requirement is one of the elements of professional preparation which is not limited to knowledge but includes specific skills. Defining the threshold of minimum linguistic competence is a subtle matter. The study draws attention to the necessity of pragmatic approach to these requirements to the extent necessary to practice as a doctor or dentist. From the point of view of the doctor’s rights, a lot depends on the procedure of verifying the command of Polish language. Therefore, attention was paid to the jurisprudence of administrative courts in this area.

scholarly journals Implementation of the Right of Appeal of Judicial Decisions in Civil Cases

2019 ◽  
pp. 60-71
Author(s):  
Oksana Trach
Keyword(s):  
Court Decision ◽  
Court Decisions ◽  
Significant Group ◽  
Large Group ◽  
Judicial Decisions ◽  
Procedural Law ◽  
Civil Cases ◽  
And Performance ◽  
The Right ◽  
Court Of First Instance

The mechanisms for reviewing judgments in civil cases should include additional guarantees to ensure the implementation of the right of appeal, conditioned by the specificity of the court decision, which will serve as the subject of verification. There is a need to establish implementation peculiarities of the right of appeal, as well as the procedures for revising court decisions made in lawsuits against a large group of persons, an indefinite number of persons that are not defined by the current civil procedural law. It has been substantiated the necessity to fix on a legislative level the two-step procedure for implementation of the right of appeal of judicial decisions on such claims. The exercise of the right to appeal depends on the knowledge of the decision on the case by the court of the first instance, as well as the direct involvement of the participant in the process. Particular significance has got the commission of these actions in relation to potential participants of the case. It has been established that the implementation of the right of appeal against the decision on these types of claims will facilitate the creation of options called «Claims for a large group of people», «Claims for an uncertain circle of persons» on the official web site of the judiciary. It was determined that informing the participants of the case, their representatives about the opening of appeal proceedings is important for the possibility of exercising the right to review court decisions in the court of appellate instance, and the use in this regard of procedural opportunities provided by law. It was established that excluding the representative from the participants of the case, the legislator did not regulate properly all procedural aspects of his participation in the process, the exercise of his procedural rights, and performance of duties. There is no clear timetable for the court of appellate instance to determine the issue whether the court decision of the court of first instance concerns the rights, freedoms, interests and / or duties of a person if it was not examined in the trial by the court of first instance and who filed a complaint, as well as the procedural form of its examination. It is necessary to consolidate the possibility to close the appeal proceedings in a case and the possibility to close proceedings against a specific appeal. Preparation of a case for an appeal on a complaint to a court decision on a suit against a significant group of persons should be marked according to its specifics. For this type of claim, it is necessary to change its procedural form in order to hold the preparatory meeting and foresee the necessity of preparing a panel of three judges. The preparatory meeting will expand the procedural capabilities of the participants and their representatives.

scholarly journals Access to Justice for Children: Towards a Specific Research and Implementation Agenda

2019 ◽  
Vol 27 (2) ◽  
pp. 195-227
Author(s):  
Ton Liefaard
Keyword(s):  
Academic Research ◽  
Careful Consideration ◽  
Access To Justice ◽  
Specific Research ◽  
The Past ◽  
Rights Of The Child ◽  
Effective Remedy ◽  
The Right ◽  
Procedural Rights ◽  
Development Agendas

Although the UN Convention on the Rights of the Child recognises procedural rights of the child in addition to substantive rights, it is rather silent on the fundamental right to an effective remedy. The concept of access to justice for children has nevertheless emerged in the past decades and manifested itself firmly in the international human rights and sustainable development agendas. Access to justice is grounded in the right of the child to seek remedies in case of (alleged) rights violations. It implies legal empowerment of children and access to justice mechanisms and remedies that are child-sensitive. So far, access to justice, with a specific focus on children, lacks careful consideration, conceptualisation and contextualisation in academic research and writing. This contribution explores the meaning of access to justice for children, as a right and procedural concept, and paves the way for the development of a more specific research and implementation agenda.

Развитие института взаимного признания и исполнения судебных решений в странах Европейского Союза

2019 ◽  
Vol 2 ◽  
pp. 71-86 ◽  
Author(s):  
Elena Maystrovich ◽  
Elena Kucheryavaya
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Point Of View ◽  
Current Status ◽  
Access To Justice ◽  
Mutual Trust ◽  
The European Union ◽  
Procedural Law ◽  
Recognition And Enforcement ◽  
The Right

The free movement of judicial decisions on the territory of the European Union presupposes a high level of mutual trust between the judicial bodies of the Member States. From the citizens’ point of view, the key issue is the balance between the rights of the plaintiffs and the defendants, i.e. the right to access to justice (to sue) and the right to defence. Mutual trust between the judiciary can be built in various ways. Firstly, through the creation of a unified European procedure in the form of additional tools held before the adjudication and based on the general rules of procedure. Secondly, through sectoral harmonisation of procedural law within the framework of solving individual issues in accordance with a step-by-step approach. Thirdly, it is necessary to create common standards, in the form of principles and rules, regulations and directives. The Author in this article analyses the main ways of creating uniformity of norms applied in the territory of the European Union, the most suitable for the institution of mutual recognition and enforcement of judgments. The process of legal development of the institution of mutual recognition and enforcement of judgments and its current status are considered.

In Name or Nature? Implementing International Environmental Procedural Rights in the Post-Aarhus Environment: A Finnish Example

2007 ◽  
Vol 9 (3) ◽  
pp. 190-200 ◽  
Author(s):  
Stephen Davies
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Access To Justice ◽  
Political Rights ◽  
The Public ◽  
Hard Law ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
National Environmental

Rights-based approaches to environmental protection are on the increase as the public become more aware of both the environment around them and of their other civil and political rights. Whilst methods for combining environmental protection and rights-based regulation still allude to a large conflict of anthropocentric versus ecocentric interests, one approach increasingly stands out as a potential effective solution: ‘procedural rights’. More commonly, this concerns rights to be heard, rights to information, to participation and the right of access to justice. Such perspectives are increasingly finding purchase within international environmental agendas, indeed, several national jurisdictions have progressed from mere principles into more formal ‘hard law’. In order to follow this progression and to assess the influence of international procedural rights in national jurisdictions, this article looks in particular at the environmental law of Finland as an example, and seeks to illustrate the formation of one facet of internationally accepted procedural rights: that of public participation, within national environmental regulation.

scholarly journals Interim measures in the system of guaranteeing the right to a fair trial

2021 ◽  
Vol 66 ◽  
pp. 251-256
Author(s):  
V.V. Zaborovsky ◽  
V.V. Manzyuk ◽  
A.V. Stoika
Keyword(s):  
Legal Regulation ◽  
Fair Trial ◽  
Access To Justice ◽  
Court Decisions ◽  
Security Measures ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Precautionary Measures ◽  
The Right

This research is devoted to the disclosure of the institution of precautionary measures, namely - securing the claim, which is one of the procedural mechanisms for ensuring access to justice. Because it is the possibility of execution of the final court decision that will ensure a fair trial for each participant in the process. To ensure the reliability and completeness of the results obtained by the authors in this study used a set of general and special methods that are characteristic primarily of legal science. The integrated use of such methods ensured the achievement of the purpose and objectives of the study, as well as the persuasiveness of the conclusions. In particular, the dialectical method was used to study the legal nature and significance of the institution of precautionary measures in civil and commercial proceedings. Methods of analysis and synthesis were used in the formulation of basic concepts, such as «precautionary measures», «securing the claim» and so on. The historical and legal method allowed us to focus on the process of legal regulation and legislative consolidation of the institution of security measures. The formal-logical method was used in the analysis of the norms of the current legislation and theoretical developments concerning, in particular, the essence of procedural tools of accessibility or restriction of access to justice. The empirical basis of the study was the materials of domestic judicial practice. Based on the study, the authors conclude that securing the claim as a procedural phenomenon cannot remain unchanged, it acquires new features over time, loses archaic elements, but still does not lose, but rather, on the contrary, increases its importance in modern civil process. Now securing the claim is an integral part of the institution of security measures (along with the provision of evidence), which corresponds to the protected function. Thus, the actual enforcement of court decisions is largely intended to guarantee the institution of securing the claim as one of the types of precautionary measures. Participants in civil proceedings apply to this institution in order to guarantee the execution of future court decisions and prevent them from causing significant harm.

scholarly journals Original scientific article Employer’s Abuse of the Right to Labour Management

2021 ◽  
Vol 18 (4) ◽  
pp. 413-422
Author(s):  
A. A. Sitnikov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Scientific Article ◽  
Scientific Methods ◽  
The Russian Federation ◽  
Theory Of Law ◽  
The Right ◽  
Abuse Of Law

Introduction. In the process of employees’ labor managemeint, it is possible that the employer uses formally legitimate powers to harm the employee, therefore the article is devoted to studying the problem of employer’s abuse of the right to manage labor. Purpose. Give a legal description of the employer’s abuse of the right to manage labor in the exercise of discretionary powers, determine the relationship between the category of abuse of the right and discrimination in labor relations, and determine the consequences of such abuse, if a gap is identified in the legal regulation of problematic relations between the employer and employees, propose a draft of norms supplementing the Labor Code of the Russian Federation, ensuring proper protection of the rights and legitimate interests of the employees. Methodology. In addition to general scientific methods (analysis, synthesis, analogy), private scientific methods were also used, such as formally legal, systemic and comparative legal. Results. The right to labor management consists of normative permissible powers, with the help of which the operational management of labor is carried out. The exercise of formally legitimate powers with the aim of harming an employee is an abuse of the employer's right to manage labor, so the employer’s unlawful motive is a constituent element of abuse of the right. Actions, the result of which is a violation of the rights of workers, are not an abuse: they should be attributed to discriminatory actions, since the exercise of the right cannot entail a violation of another right. It is concluded that the current legislation does not provide a mechanism to protect employees from abuse by the employer. An analysis of the norms of the Civil Code of the Russian Federation shows that abuse of law is a form of unfair behavior, the principle of good faith is a general legal principle, and the existence in the Labor Code of the Russian Federation of norms providing for special consequences of unfair behavior of the parties to labor relations would help in solving the identified problem. A draft of norms supplementing the Labor Code of the Russian Federation designed to ensure adequate protection of the interests of employees from abuse of rights by the employer is proposed. Conclusion. Both in the doctrine and in practice, there is a confusion of the concepts of employee discrimination and abuse of law by the employer. From the point of view of the theory of law, it is necessary to distinguish between these categories, and the legislation should contain adequate mechanisms to protect employees from abuse of law by the employer.

scholarly journals Cassation filters in civil cases: fair trial or restriction of the right of access to court

2020 ◽  
Vol 3 ◽  
pp. 99-104
Author(s):  
Victor Prorok
Keyword(s):  
Fair Trial ◽  
Court Decisions ◽  
Civil Cases ◽  
The Right ◽  
Right Of Access ◽  
Legal Grounds

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.

scholarly journals STRENGTHENING LOCUS STANDI IN HUMAN RIGHTS LITIGATION IN ZIMBABWE: AN ANALYSIS OF THE PROVISIONS IN THE NEW ZIMBABWEAN CONSTITUTION

2016 ◽  
Vol 19 ◽  
pp. 1 ◽  
Author(s):  
Lovemore Chiduza ◽  
Paterson Nkosemntu Makiwane
Keyword(s):  
Human Rights ◽  
South African ◽  
Access To Justice ◽  
Public Interest Litigation ◽  
New Approach ◽  
Human Rights Protection ◽  
Locus Standi ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
The Right

Zimbabweans have been both victims of and witnesses to serious human rights violations over the years.Though there is wide agreement and speculation that the state and its agencies are the perpetrators of these atrocities, they have largely remained unprosecuted and unpunished.Such impunity is inter alia the result of ineffective law enforcement mechanismsand institutions as well as the lack of capacity and legal knowledge of victims to approach the courts and seek redress. These factors negatively affected the protection of human rights and access to justice in Zimbabwe.Although the Lancaster House Constitution contained a Declaration of Rights, its enforcement mechanisms, particularly those relating to locus standi (legal standing), posed a great challenge to human rights litigation in Zimbabwe. This is so because the Lancaster House Constitution adopted the traditional common law approach to standing. Under this approach it was required that an individual must have a "personal, direct or substantial interest" in a matter in order to have standing. The Lancaster House Constitution failed to recognise the importance of broader rules of standing, which would accommodate public interest litigation, specifically for the purpose of protecting human rights. Contrary to this, the new Constitution of Zimbabwe (2013) broadens the rules of standing in order to enhance access to the courts. This paper analyses the new approach to standing under the new constitutional dispensation in Zimbabwe.To this end, the discussion commences with an elucidation of the concept of locus standi and its link to access to justice. This is followed by an analysis of locus standi under the Lancaster House Constitution. Since the new approach in Zimbabwe is greatly informed by the South African approach to locus standi, a brief analysis of standing in South Africa is made. The paper concludes with a discussion of the approach to locus standi under the new constitution with a view to demonstrating how the new approach is likely to impact on the right of access to justice and human rights protection.

scholarly journals EVOLUTION OF CRIMINAL PROCEDURE OF UKRAINE WITHIN THE PERIOD OF 30 YEARS OF UKRAINIAN INDEPENDENCE

2021 ◽  
pp. 128-142
Author(s):  
V. Shybiko
Keyword(s):  
Criminal Procedure ◽  
Fair Trial ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Stage Of Development ◽  
The Right ◽  
Procedural Rights ◽  
The Military ◽  
Procedure Development

In the article, the author explores relevant issues of the formation and development of the Ukrainian criminal process over the 30 years of existence of the state of Ukraine since the proclamation of its independence. The main stages of the development of the criminal procedure are highlighted and analysed in detail, namely: the stage of its formation since Ukraine's independence proclamation in 1990-1991; the stage of development of the criminal procedure after Ukraine's accession to the Council of Europe and the adoption of the new Constitution of 1996; the stage of the criminal procedure development after the adoption of the new Criminal Procedure Code (CrPC) of Ukraine in 2012. The novelties of the CrPC of 2012 are comprehensively analysed. Firstly, the Code incorporated the relevant key provisions of the Constitution of Ukraine and international legal acts on human rights and justice. Secondly, it settled a number of issues that were important for criminal proceedings but were either unregulated or partially regulated by other laws or regulations. The article provides an analysis of the principle of access to justice enshrined in the CrPC of 2012, which provides for the right of participants in criminal proceedings who have a vested interest in the results of these proceedings (suspect, accused, victim), not only to obtain a fair trial but also to use broad procedural rights and to take an active part in criminal proceedings both during the pre-trial investigation and during the trial, contributing to the comprehensive, complete, and impartial establishment of the circumstances of the criminal proceedings and the adoption of a fair trial. The author also touches on the amendments to the CrPC of 2012, which are related to the military aggression of the Russian Federation against Ukraine and the impossibility of pre-trial investigation and trial in the areas of the anti-terrorist operation, as well as those related to the implementation of the UN Convention against Corruption, aimed at strengthening the fight against corruption crimes.

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