scholarly journals Civil Proceedings During Quarantine

2021 ◽  
Vol 7 (2) ◽  
pp. 184-194
Author(s):  
Iryna Yuriyivna TATULYCH ◽  
Keyword(s):  
The State ◽  
Access To Justice ◽  
Main Function ◽  
Court Cases ◽  
Civil Court ◽  
Secure Access ◽  
Civil Proceedings ◽  
Constitutional Right ◽  
Paper Documentation ◽  
Judicial Protection

The article is devoted to the study of issues related to the proceedings in civil court cases during the quarantine period. The importance of ensuring continuous and secure access to justice is obvious to effectively protect violated, unrecognized or disputed rights, freedoms, or interests of individuals, the rights and interests of legal entities, the interests of the state. The article reveals the study of the issue of a person's constitutional right realization to fair judicial protection during a pandemic. Legislation and regulations that contain the main recommendations for courts to administer justice during the quarantine period underwent the analysis. It is substantiated that neither the judicial system nor the guarantees of citizens for judicial protection can be "quarantined" because the main function of the state, even in such conditions, is to ensure the implementation of the protection of the rights and freedoms of citizens. It is found out that justice should be not just a form of the judiciary, but an effective tool for protecting rights, freedoms, and interests. The court is the tool that ensures the effectiveness of judicial protection. To overcome the identified gaps, it was concluded that it is necessary to implement all components of electronic litigation, which will make an appeal to court more accessible and understandable, will completely abandon paper documentation in parallel with an electronic one, and in the future will lead to effective civil litigation and timely resolution, within a reasonable period.

scholarly journals Scenario analysis of level improvement dynamics judicial protection in the digital economy

2020 ◽  
Vol 6 (Extra-B) ◽  
pp. 95-99
Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev
Keyword(s):  
Public Relations ◽  
Scenario Analysis ◽  
Digital Technologies ◽  
Digital Economy ◽  
Point Of View ◽  
Access To Justice ◽  
Constitutional Right ◽  
Judicial Protection

The introduction of digital technologies is transforming many areas of public relations. The process of administering justice in this sense also cannot be an exception and, taking into account the requirements of modern realities, is actively introducing information and telecommunication technologies into its activities. The introduction of external technical tools into relations, in which the court is a mandatory participant, requires a thorough study of scenarios for the development of procedural relations from the point of view of the implementation of the constitutional right to judicial protection and access to justice in the new digital realities.    

scholarly journals Some Aspects of the Statutory Regulation of the Prosecutor’s Involvement in Exercising of the Constitutional Right to Judicial Protection in a Civil Procedure

2020 ◽  
Vol 11 ◽  
pp. 30-33
Author(s):  
Tatyana R. Pozharskaya ◽  
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Civil Proceedings ◽  
Constitutional Right ◽  
Judicial Protection ◽  
Procedural Rights ◽  
Statutory Regulation ◽  
Constant Interest

An analysis of the amendments made to the Constitution of the Russian Federation in 2020 made it possible to conclude that the provisions concerning the judicial protection of fundamental human and civil rights and freedoms are stable. The role and content of the legal regulation of the participation of the prosecutor in the implementation on behalf of certain participants in civil proceedings of this right emphasizes the specifics of his procedural position. At the same time, the existence in the legal doctrine and in law enforcement practice of various positions that determine the legal status of the prosecutor in the exercise of the constitutional right to judicial protection, and the lack of a unified approach to resolving this issue give rise to constant interest in this problem. In this study, through the prism of analyzing the content of the procedural rights and duties of the prosecutor, the grounds for the implementation by the prosecutor of constitutional guarantees for protecting the interests of society and the state protected by law, the determinism of his legal status in civil proceedings is substantiated.

scholarly journals INDICATIVE APPROACH IN THE EVALUATION OF THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO JUDICIAL PROTECTION IN THE STATE LANGUAGES OF THE RF SUBJECTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Damir Kh. Valeev ◽  
Anas G. Nuriev ◽  
Rafael V. Shakirjanov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Practical Implementation ◽  
Current State ◽  
Hand Signal ◽  
The Russian Federation ◽  
Civil Cases ◽  
Constitutional Right ◽  
The One ◽  
Judicial Protection

The implementation of the constitutional right to judicial protection is an important guarantee for participants in legal relations in case of violation of the rights of one of the parties or a threat of violation of the rights of participants in legal relations. Judicial protection is of particular relevance for the participants in legal relations, who do not speak the languages in which the administration of justice is carried out. Within the framework of this article, the authors analyze indicators that are designed to, on the one hand, signal on the current state and existing possibilities of implementing the constitutional right to judicial protection in the state languages of the subject of the Russian Federation (statistical function), and, on the other hand, determine growth drivers that can provide language guarantees for the territory of our state, which is defined as a democratic federal legal state according to Art. 1 of the Constitution of the Russian Federation. Within the framework of this article, three indicators are highlighted and analyzed: 1) existing legal potential for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 2) analysis of the practical implementation of the opportunities currently available for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 3) determination of growth points in the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation

scholarly journals The Existence of the State's Role in Providing Prodeo Legal Aid to Citizens Who Are Not Able Based on Law Number 16 of 2011

2020 ◽  
Vol 2 (2) ◽  
pp. 111-128
Author(s):  
Helmy Yahya Rahma Aji ◽  
Raden Muhammad Arvy Ilyasa
Keyword(s):  
The State ◽  
Equal Treatment ◽  
Access To Justice ◽  
Legal Service ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Protection Of Human Rights ◽  
The Law ◽  
Constitutional Right

Indonesia as a state of the law has guaranteed the constitutional rights of each of its citizens without exception as a form of protection of human rights contained in Article 1 paragraph (3) of the 1945 Constitution. Providing legal assistance to citizens who are unable as constitutional rights of every citizen and the State is obliged to protect the constitutional rights regarding obtaining guarantees, protections, and certainty of law that is fair and equal treatment before the law. Legal aid legally in Law Number 16 of 2011 is a legal service free of charge to legal aid recipients. The thing that becomes the basis for the provision of legal assistance by the State is because the State is responsible for providing legal assistance to disadvantaged citizens as a form of access to justice and equality before the law. The state has a role in terms of establishing regulations as the legal basis for implementing legal assistance for disadvantaged citizens. But in reality, in the development of legal aid, there are several problems between legal aid providers (advocates) and the State as a guarantor of the constitutional right to the realization of justice and equality before the law for every Indonesian citizen, including the poor.

scholarly journals GUARANTEES OF ACCESS TO ADMINISTRATIVE JUDICIARY

2020 ◽  
Keyword(s):  
Civil Rights ◽  
Local Governments ◽  
Administrative Law ◽  
Public Law ◽  
Access To Justice ◽  
Public Authorities ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

Introduction. Administrative proceedings for Ukrainian administrative law, as well as for the administrative law of most post-Soviet states, are a relatively new legal phenomenon. This presupposes the existence of many problems of its formation, which are connected, in particular, with the socio-political transformations that are still going on. These are, first of all, such problems as the formation and legislative consolidation of the legal basis for guaranteeing access and protection in the administrative court. Unhindered access to court and access to justice are necessary conditions for the exercise of the constitutional right to judicial protection. The main results of the study. Access to justice is one of the prerequisites for the establishment of this branch of government as a full-fledged and self-sufficient mechanism for the protection of human rights and freedoms. The Constitution of Ukraine laid the foundations for the formation of access to justice, stipulating that recourse to the court for the protection of human and civil rights and freedoms is guaranteed directly on the basis of the Basic Law. The influence of international normative legal acts on the development of national legislation regulating a person's right to apply to an administrative court for protection was considered. The Constitution of Ukraine guarantees the right of a person to judicial protection and appeal against decisions, actions or omissions of public authorities, local governments, officials and officials. Administrative justice is called upon to implement this provision. Conclusions. The article determined that the right to appeal against decisions, actions or omissions of public authorities, local governments, officials and officials, a component of which is the right to go to court (right to access to court proceedings), is not abstract, but has a connection. connection with the right of a particular person in whose interests the trial is taking place, and with his conviction that the state, represented by public authorities and local governments, officials and officials have unlawfully interfered with his rights or freedoms. The obligatory feature of a public law dispute was that a person believes that there is a violation of his rights and freedoms as a result of the performance or non-performance of government functions. In order to go to court, a person who is a plaintiff must have a substantive legal interest in resolving a public law dispute. The article highlighted and analyzed some problems of ensuring access to justice by administrative courts in resolving public law disputes. His own vision for solving and eliminating the problems of access to justice in administrative proceedings is offered.

scholarly journals Foreigners and persons without citizenship as subjects of administrative judiciary

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Saadulaev A.I. ◽  
Keyword(s):  
Legal Status ◽  
Access To Justice ◽  
The Status ◽  
The Law ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection ◽  
Domestic Law ◽  
Legal Entities

The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation

scholarly journals Scenario analysis of level improvement dynamics judicial protection in the digital economy

2020 ◽  
Vol 6 (Extra-B) ◽  
pp. 95-99
Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev
Keyword(s):  
Public Relations ◽  
Scenario Analysis ◽  
Digital Technologies ◽  
Digital Economy ◽  
Point Of View ◽  
Access To Justice ◽  
Constitutional Right ◽  
Judicial Protection

The introduction of digital technologies is transforming many areas of public relations. The process of administering justice in this sense also cannot be an exception and, taking into account the requirements of modern realities, is actively introducing information and telecommunication technologies into its activities. The introduction of external technical tools into relations, in which the court is a mandatory participant, requires a thorough study of scenarios for the development of procedural relations from the point of view of the implementation of the constitutional right to judicial protection and access to justice in the new digital realities.    

scholarly journals La segunda instancia civil tras la entrada en vigor de la Ley 37/2011, de 10 de octubre, de medidas de agilización procesal

2011 ◽  
Author(s):  
Salvador Iglesias Machado
Keyword(s):  
Court Cases ◽  
Spanish Constitution ◽  
Scientific Opinion ◽  
The Law ◽  
Constitutional Right ◽  
The Right ◽  
Judicial Protection

La nueva Ley 37/2011, de 10 de octubre, opera importantes modificaciones en la LEC-2000, tanto en su parte general como en la especial. El trabajo que presentamos se limita a analizar exclusivamente aquellos aspectos de la reforma que inciden en el recurso de apelación civil, que ahora se ve modificado en cuanto a las resoluciones recurribles y en cuanto al procedimiento. La nueva Ley justifica las medidas, que denomina de «agilización procesal», en el uso abusivo de la segunda instancia y en la necesidad de suprimir trámites innecesarios. Un destacado sector de la doctrina científica se ha mostrado crítico con la Ley al considerar que la limitación del recurso de apelación en los juicios verbales por razón de la cuantía es contraria al principio de igualdad que consagra el artículo 14 de la CE. Se considera que el derecho a los recursos en materia civil debe encuadrarse en el derecho constitucional a un proceso con todas las garantías, más que en el derecho a la tutela judicial efectiva.The new 37/2011 Law, dated 30th October, brings about important modifications to the LEC-2000, to both its general and special parts. The paper we are presenting is restricted exclusively to analyze those aspects of the reform which impinge upon civil appeals, now modified with regards to appealable decisions and procedures. The new law justifies those measures referred to as «procedural expedition » on the excessive use of the second instance and in the need to remove unnecessary formalities. A prominent sector of scientific opinion has been critical of the law, in the belief that limiting the right of appeal in verbal court cases on the grounds of quantity is contrary to the principle of equality established under Article 14 of the Spanish Constitution. It considered the rights of appeal in civil matters should be classified under the constitutional right to fully guaranteed proceedings rather than on the right to judicial protection.

scholarly journals RETURN OF COURT FEE IN CONNECTION WITH LEAVING THE APPLICATION WITHOUT CONSIDERATION IN THE CIVIL PROCEEDINGS OF UKRAINE

2021 ◽  
Vol 12 (2) ◽  
pp. 46-56
Author(s):  
Ulyana Vorobel ◽  
Keyword(s):  
Legal Regulation ◽  
Access To Justice ◽  
Civil Case ◽  
Administrative Procedure ◽  
Civil Proceedings ◽  
Procedural Code ◽  
The Law ◽  
The Individual ◽  
The Right ◽  
Judicial Protection

The article researches the peculiarities of return of court fees in connection with the completion of a civil case without a court judgement in the form of leaving the application without consideration of legal regulation, analyzes the issues of this institute in judicial practice, and provides suggestions for improving its legal regulation. Attention has been drawn to the fact that since the court fee is one of the basic categories of access to justice, and therefore an element of the right of a person to judicial protection enjoyment, and the need to ensure the balance of interests of the state and the individual in regulating the legal basis of court fees payment, the grounds for the application of this procedural institute must be exhaustive and may not be subject to extended interpretation. Based on the comparative analysis of the legal regulation of the return of court fees institute, and in particular the legislative regulation of such grounds for its application as completion of civil proceedings without a court judgement in the form of leaving the application without consideration, it was found a legislative tendency to reduce the list of the very grounds for leaving the application without consideration, with the use of which the return of court fees is allowed. Examples of jurisprudence in the field of application of each ground of leaving the application without consideration through the prism of the institute of return of court fees have been given. Attention has been drawn to the fact that although in the process of amending the civil procedural legislation, which took place with the adoption of the Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts", such grounds as leaving by the plaintiff (his/her representative) of the courtroom was removed from the "general list" of grounds for leaving the application without consideration under Part 1 of Art. 257 CPC of Ukraine, it still exists, because it was left by the legislator in the article governing the consequences of non-appearance at the hearing of the parties (Part 6 of Art. 223 CPC of Ukraine). It has been constituted that item 4 of Part 1 Art. 7 of the Law of Ukraine "On Court Fees" provides the opportunity to return the court fee in case of completion of a civil case without a court judgement in the form of leaving the application without consideration on all grounds except those that constitute exceptions by law, and in particular the grounds established by items 3, 5 and 9 of Part 1 Art. 257 CPC of Ukraine, as well as Part 6 of Art. 223 CPC of Ukraine.

scholarly journals Justifying the culture of justification

2019 ◽  
Vol 17 (4) ◽  
pp. 1078-1097
Author(s):  
Kai Möller
Keyword(s):  
Public Law ◽  
The State ◽  
Moral Foundation ◽  
The Status ◽  
Moral Case ◽  
Constitutional Right ◽  
The Right ◽  
Judicial Protection ◽  
Democratic Vote

Abstract The ideas of the culture of justification—according to which it is the role of the courts to ensure that every act of the state that affects a person is substantively justifiable—and the related right to justification—which claims that every person possesses a moral and, ideally, constitutional right to the justification that the culture of justification recommends—are intuitively powerful and widely discussed ideas in public law scholarship, but their moral foundation is not yet well understood. This article presents the moral case for these two concepts, which centers on the status of every person as a justificatory agent. It argues that under conditions of reasonable disagreement in politics, this status requires that any law or act be justified not only procedurally (e.g. in terms of a democratic vote) but also substantively, and it further demonstrates the necessity of the judicial protection of the right to justification as a matter of principle.

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