scholarly journals Ewolucja cywilnych postępowań nakazowych i upominawczych w kierunku respektowania wymogów demokratycznego państwa prawnego

2021 ◽  
Vol 43 (3) ◽  
pp. 301-307
Author(s):  
Łukasz Goździaszek
Keyword(s):  
Necessary Condition ◽  
Judicial Control ◽  
The Public ◽  
Authoritarian State ◽  
Civil Process ◽  
Democratic State ◽  
Civil Proceedings ◽  
Court Proceedings ◽  
Simplified Procedures ◽  
Procedural Rights

Although writ proceedings in the Polish civil proceedings have been in operation since the beginning of the modern Polish civil process, there are still controversies in the aspect of fairly structured court proceedings. The defendant may be convinced that their procedural rights have been violated. It is a consequence of considering the case without prior notification of the defendant about the initiation of the proceedings. In such an approach, the judiciary may be perceived as not respecting the standards of a democratic state ruled by law. At the same time, to be closer to the notions of a totalitarian or authoritarian state, because it is not the procedural rights of an individual that are primary, but the effectiveness of the authorities’ actions. However, the concerns about the order for payment mechanism are unfounded as long as the model in which the order for payment is applied complies with the necessary requirements. First, the public authority deciding the case should have the attribute of impartiality. It is not necessary that payment orders are issued by a court. However, if the case is not heard by the court, the judicial control of such decisions is necessary. Second, the evidence should not be assessed. The presentation of specific evidence may, however, be a necessary condition for issuing an order for payment. The issue of the public body examining cases is related to the issue of evidentiary proceedings. These two elements define the nature of the order for payment by defining a procedure model. Finally, it should be pointed out that the order mechanism in a democratic state ruled by law should only supplement the examination of cases in ordinary proceedings (or separate proceedings distinguished by the party types). If the number of cases examined in separate proceedings is significant, and even more so if this way of dealing with cases prevails, ordinary proceedings may be merely an illusion. If in a significant number of cases simplified procedures leading to issuing an order for payment are applied, procedural guarantees related only to ordinary proceedings are irrelevant in such cases.

scholarly journals Przedstawiciel społeczny w transparentnym procesie karnym

2017 ◽  
Vol 69 (0) ◽  
pp. 21-37
Author(s):  
Paweł Czarnecki
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Community Organisation ◽  
Administration Of Justice ◽  
Protection Of Human Rights ◽  
Court Proceedings ◽  
The Right ◽  
Procedural Rights

The article analyses the rights and duties of a social representative in criminal proceedings (article 90 Code of Criminal Procedure). Participation in court proceedings may be declared, before the commencement of judicial examination, by a representative of a community organisation, if there is a need to defend a social interest or an important individual interest within the statutory purposes of such an organisation, especially in matters pertaining to the protection of human rights and freedoms. The representative of a community organisation who has been admitted to participate in court proceedings may participate in the trial, express their points of view and make statements in writing. The court shall admit a representative of a community organisation if it finds this to be in the interests of justice. This person shall not be allowed to ask questions to person questioned by the court, he has no right to make a complaint with the court, can`t submit motions for evidence and are not entitled to participate in a session or in an investigation. The author emphasizes the importance of participation by the citizenry in the administration of justice principle and the right to a fair and public hearing of his case. In article they were also discussed old draft bills in the position of social representative in criminal cases, and in particular the advantages and disadvantages of amending article 90 c.c.p. Amendment of 10 June 2016. The author argues that the changing of position will not increase the participation of the public in the proceedings, because the legislature did not admit procedural rights.

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.

scholarly journals Legal regulation of the institution of the partiesfrom the standpoint of the principle of balance of civil procedural legal relations

2021 ◽  
pp. 90-102
Author(s):  
Оksana Shutenko
Keyword(s):  
Modern Science ◽  
Legal Regulation ◽  
Legal Anthropology ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Starting Point ◽  
Legislative Regulation ◽  
The Subject ◽  
Procedural Rights

The modern science of civil procedural law is experiencing a new stage of understanding the institution of the parties, which is associated with the study of the principle of balance of civil procedural law. The basis of non-priority participation in the process of the plaintiff and the defendant determines the legislative regulation of the institution of the parties. This rule should be considered as one of the manifestations of a fair trial, as it is a manifestation of the balance of interests of the parties during the proceedings. In the spirit of this principle, it is proposed to improve the procedures for involving accomplices and replacing an improper party in civil proceedings. The principle of the balance of civil procedural legal relations is, first, that the amount of legal interest of the subject of the process is directly proportional to the scope of his procedural rights. Thus, the purpose of civil process - restoration of the broken right is reached. Meanwhile, the legislator does not always manage to comply with the relevant legal regulations. In particular, the rules relating to the institution of procedural complicity and replacement of the improper party. The mistake of the legislative regulation of this mechanism is, in our opinion, a misunderstanding of the principle of equality of arms: the court cannot involve the co-plaintiff, and therefore cannot involve the co-defendant. The different nature of the institutions of the plaintiff and the defendant does not allow the same approach to legal regulation. This inequality is compensated by other principles, rules and institutions of civil procedural law. But the starting point is that at the beginning of the case the plaintiff attacks, initiates the process, and the defendant is involved in the process. Keywords: civil process, parties of civil process, principle of balance, legal anthropology, procedural complicity, replacement of improper party.

Foreign experience of judicial control over the enforcement of decisions in civil judiciary

2021 ◽  
pp. 127-132
Author(s):  
Ihor Zhukevych
Keyword(s):  
Law Enforcement ◽  
Functional System ◽  
Practical Significance ◽  
Practical Implementation ◽  
Judicial Control ◽  
Foreign Experience ◽  
Civil Process ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
Logical Semantic

Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.

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 FEATURES OF THE POWER LEGITIMATION IN THE AGE OF POSTMODERNISM

2020 ◽  
pp. 119-127
Author(s):  
Anastasiia Onishchenko
Keyword(s):  
Political Science ◽  
Necessary Condition ◽  
Consumer Society ◽  
Negative Image ◽  
The Public ◽  
Modern Times ◽  
Active Involvement ◽  
Democratic State ◽  
Public Consciousness ◽  
Characteristic Features

The crisis of legitimacy is an urgent problem in modern political science. After all, a necessary condition for the functioning of any democratic state is the legitimacy of power, recognition and support of the majority of the population. The main methods used for this article are: political science — analysis of specialized scientific sources allowed to identify specific features of political science interpretation of key concepts and trace their development within political science, comparative — allowed to compare modernist and postmodernist approach to understanding the legitimacy of power and identify their main features, systematic approach, allowed to consider complex and multifaceted process with the corresponding internal and external features of functioning, historical — research of transformation of understanding of concept of legitimacy. This article reveals the characteristic features of legitimacy in the pre-modern and modern times, however, the main focus is on the features of the legitimation of power in the postmodern era. Among them: the presence in the public consciousness and information space of a negative image of government and politics; total individualism; departure from modernist rationalism in the direction of creative search; legitimation through work with meanings, texts and images; rejection of the concept of «patience for the sake of the future» and the transition to the dominance of consumer society; the requirement to meet the needs of the «here and now». Through the active involvement of economic, cultural, religious and other spheres in politics, today we can speak of the disappearance of legitimacy in its pure form and the establishment of its connection with other socio-political and economic phenomena. Thus, to study this phenomenon today it is necessary to use the tools of other sciences, especially economics.

scholarly journals ELECTRONIC CIVIL PROCEEDINGS IN INDONESIA, THAILAND, MALAYSIA

2020 ◽  
Vol 24 (4) ◽  
pp. 1122-1140
Author(s):  
Ekaterina P. Rusakova
Keyword(s):  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Judicial Process ◽  
Legal Proceedings ◽  
Civil Process ◽  
Civil Proceedings ◽  
Court Proceedings ◽  
Different Levels ◽  
Modern Technologies

Electronic court proceedings are now becoming a prerequisite for the effective functioning of the entire judicial system. The introduction of digital technologies in the judicial process is one of the tasks of reform, and its speed, cost-effectiveness and accessibility depend on it. The research purpose of this article is to identify common positive and negative features of the process of integrating modern technologies into civil proceedings in Indonesia, Thailand, and Malaysia. It is proved that: 1) Legal regulation of application of technical means in civil proceedings are not often in line with modern realities; 2) It is necessary to create conditions to secure judicial form of protection of rights and lawful interests by means of digital technologies; 3) The judicial form of protection of rights online is a guarantee of its implementation; 4) Implementation of procedural actions with the help of digital technical means needs simplification; 5) The general trend in reforming the civil process is wider application of artificial intelligence technologies. Comparative legal analysis of foreign legislation and literature demonstrates different levels of e-justice achievement in the countries under study, among which Malaysia is a leader in integrating modern information and telecommunications technology in civil proceedings; 6) The level of implementation of the digital agenda varies depending on the type of legal proceedings.

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 The institute of counter-security as a novelty of the reform of civil procedure law of Ukraine

2020 ◽  
Vol 9 (26) ◽  
pp. 28-35
Author(s):  
Roksolana Khanyk-Pospolitak ◽  
Inna Kovalchuk ◽  
Igor Bylytsia
Keyword(s):  
Civil Procedure ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
European Standards ◽  
Procedural Rights ◽  
Made In

The article is dedicated to investigation of counter-security as a novelty of the reform of Ukrainian civil procedure legislation. The analysis of rules of the current procedural legislation on counter-security as a novelty of the civil process in Ukraine was made in the article. The determination of features of the institute of counter-security in the mechanism of civil proceedings was given. The role of counter-security in the civil process was identified. The conclusion was drawn that through the institute of counter-security, the principle of equality of parties is ensured, which is manifested in the equal assignment of the defendant to such procedural rights which are effectively identical to the rights of the plaintiff. Therefore, the defendant was granted effective protection against the claim by virtue of the new institute. It is stated that the counter-security should be seen as a way of preventing the plaintiff's abuse of procedural rights and offsetting the potential consequences. The introduction of counter-security is a clear step forward to European standards of quality and efficiency in the administration of justice, however, by examining civil procedural law and jurisprudence, the conclusion was made that the institution is not regulated at this stage of its establishment and application.

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