Legal regulation of transport branch: questions of judicial protection in cases of the competition of claims

2018 ◽  
Vol 2 (6) ◽  
pp. 95-105
Author(s):  
Anna Alekseevna Tokareva ◽  
Keyword(s):  
Legal Regulation ◽  
Regulation Of Transport ◽  
Judicial Protection

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

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 STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

2020 ◽  
Vol 10 (1) ◽  
pp. 73-89
Author(s):  
Vadym Kolomiiets ◽  
Tetiana Lukianenko ◽  
Daria Lazareva ◽  
Nana Bakaianova ◽  
Oksana Kadenko
Keyword(s):  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
State System ◽  
Situational Analysis ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
State Management ◽  
The Usa ◽  
Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

scholarly journals The History of the Formation of Judicial Regulation in the Military Judicial System of Russia

2021 ◽  
Vol 4 ◽  
pp. 17-22
Author(s):  
Kirill V. Legkov ◽  
Keyword(s):  
Military Personnel ◽  
Legal Regulation ◽  
Judicial System ◽  
State Structure ◽  
Historical Sources ◽  
Scientific Publications ◽  
Judicial Practice ◽  
History Of ◽  
Judicial Protection ◽  
The Military

Based on the analysis of historical sources, scientific publications and judicial practice, the article examines the little-studied issues of the emergence and formation of legal regulation in the military-judicial system of Russia of this type of judicial activity as judicial regulation, which has an important role in the judicial protection of the rights of military personnel against the background of the formation of the modern state structure of the country.

scholarly journals SYNCHRONIZATION OF PROCEDURAL AND FINANCIAL (BANKING) FUSE OF THE IMMUNITY OF PROPERTY RIGHTS

2021 ◽  
Vol 2 (37) ◽  
pp. 503-509
Author(s):  
V. Kantsir ◽  
V. Kushpit ◽  
A. Palyukh ◽  
I. Tsylyuryk ◽  
I. Kantsir
Keyword(s):  
Property Rights ◽  
Social Reproduction ◽  
Legal Status ◽  
Legal Regulation ◽  
Jel Classification ◽  
Criminal Proceedings ◽  
Legal Context ◽  
The Status ◽  
The Right ◽  
Judicial Protection

Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.

scholarly journals To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

2017 ◽  
Vol 1 (3) ◽  
pp. 190-200
Author(s):  
Natalia Kashtanova
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Judicial Protection

The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit) is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory),imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory) the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws.The author analyzes and appreciates Kazakhstan's experience of legal regulation of the permissibilityof filing a civil claim for exemption of property from seizure imposed in criminalproceedings. The author notes that the new civil procedural legislation of the Republic ofKazakhstan, which came into force from 01 January 2016, clearly captures that considerationin the civil proceedings are not subject to claims for exemption of property from seizureby the criminal prosecution body.Conclusions. Necessity of amendment to article 422 of the Civil Procedure Code of Russia:this article should not apply to cases of application of measures of criminal procedural compulsionin the form of seizure of property. Among other things, the author proposed additionsto part 9 of article 115 of the Criminal Procedure Code of Russia.

scholarly journals Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic

2019 ◽  
Vol 17 (1) ◽  
pp. 43-68
Author(s):  
Soňa Skulová ◽  
Lukáš Potěšil ◽  
David Hejč ◽  
Radislav Bražina
Keyword(s):  
Decision Making ◽  
Czech Republic ◽  
Statistical Analysis ◽  
Best Practices ◽  
Legal Regulation ◽  
The Czech Republic ◽  
Effective Instrument ◽  
Court Proceedings ◽  
Judicial Protection

This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection against administrative silence is to help solving or terminating administrative silence quickly, otherwise, an imaginary vicious circle is created. The purpose of the paper is to verify whether judicial protection is indeed effective by surveying the related legislation and court practice (especially the length of proceedings) dealing with the so-called inactivity. The methods of analysis applied are normative analysis, literature review, statistical analysis of decision-making activities of courts and deduction. Our findings establish that due to the excessive length of court proceedings and incomprehensible legal regulation it is difficult to view the judicial protection against administrative silence as being a speedy and effective instrument of remediation of inactivity on the part of administrative authorities. The results can serve as a ground to compare the situation with other similar countries and to exchange best practices.

Access to Justice: Ukraine and Europe

2020 ◽  
Vol 11 (4) ◽  
pp. 1122
Author(s):  
Tetiana M. BREZINA ◽  
Nadiia P. BORTNYK ◽  
Iryna Yu. KHOMYSHYN
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Modern Concept ◽  
Free Access ◽  
Access To Justice ◽  
Legal Provisions ◽  
European Experience ◽  
The Right ◽  
Judicial Protection ◽  
Right Of Access

The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.

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