The Mechanism for Ensuring the Unity of Judicial Practice in Ukrainian Civil Proceedings

2018 ◽  
Vol 8 (2) ◽  
pp. 221-238 ◽  
Author(s):  
A.I. Popov ◽  
Keyword(s):  
Judicial Practice ◽  
Civil Proceedings

scholarly journals Electronic evidence as a means of evidence in civil proceedings

2020 ◽  
pp. 215-219
Author(s):  
Iryna Tatulych
Keyword(s):  
Information Technologies ◽  
Civil Justice ◽  
Telecommunication System ◽  
Electronic Evidence ◽  
Procedural Law ◽  
Relevant Evidence ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Electronic Copy ◽  
Constitutional Right

The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice. Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System. In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.

scholarly journals Zarzut potrącenia jako podstawa powództwa opozycyjnego po zmianach wprowadzonych na mocy ustawy z dnia 4 lipca 2019 r. o zmianie ustawy – Kodeks postępowania cywilnego oraz niektórych innych ustaw (Dz.U. 2019, poz. 1469)

2020 ◽  
Vol 29 ◽  
pp. 198-212
Author(s):  
Andrzej Olaś ◽  
Keyword(s):  
Civil Procedure ◽  
Practical Application ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Theoretical Assumptions

This article discusses the issue of the set-off defense as the basis for an action to limit or cancel the enforceability of an enforceable title after amendments as provided for pursuant to the Act of 4 July 2019 amending the Act – Code of Civil Procedure and some other acts. The purpose of the article is to indicate the basic interpretative issues emerging from the regulations contained in the Article 840 § 1 item 2 of the Code of Civil Procedure which are likely to pose major problems in its practical application and to offer some reasoned proposals for their solution in a manner consistent with theoretical assumptions and at the same time as useful as possible for judicial practice in the civil proceedings.

scholarly journals Interim Measures in the Civil Proceedings in England: the Concept and Certain Types

Legal Concept ◽  
2020 ◽  
pp. 121-128
Author(s):  
Valentina Koncheva
Keyword(s):  
Legal Regulation ◽  
Judicial Discretion ◽  
Legal Institutions ◽  
Legal Practice ◽  
Civil Process ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Civil Remedies ◽  
The Subject ◽  
Interim Measures

Introduction: the legal institutions aimed at creating conditions for the efficiency of justice are now the subject of attention in the field of civil proceedings. This includes the institution of interim measures. The legal regulation of interim measures in the civil proceedings in England has been actively developing for several decades and today is of considerable interest to business, science and legal practice. The purpose of the research is to analyze the concept and features of the legal regulation of the main types of interim measures that can be of interest for forming the ideas about the possibilities of development of the Russian civil process. The obtained research results are based on the analysis of the normative provisions of Civil Procedure Rules 1998, the Senior Courts Act 1981, relating to the powers of the courts, the grounds and procedure for applying interim measures in the civil proceedings. The examples of judicial practice and the opinions of the researchers and practitioners are considered. The paper considers the general features of the legal institutions of interim measures in England and Russia and the peculiarities of understanding the legal possibilities of interim measures in the civil proceedings in England. Conclusions: the experience of England in solving the issues of ensuring the efficiency of civil remedies is of interest for both Russian legal science and practice. The study shows that there are specific features of the approach to the functioning of interim measures. This includes a fairly large amount of judicial discretion, a preliminary guarantee of compensation for the defendant’s losses, and mostly voluntary enforcement of the court requirements. The legal experience of England may be of interest for discussing the ways to improve the domestic procedural regulation of interim measures.

scholarly journals Forensic examination as a source of evidence in a separate proceedings

2020 ◽  
Vol 3 (3) ◽  
pp. 200-207
Author(s):  
Iryna Popovych
Keyword(s):  
Legal Status ◽  
Molecular Genetic ◽  
Active Role ◽  
Judicial Practice ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
Expert’S Opinion ◽  
Genetic Examination ◽  
Evidence And Proof ◽  
Tools And Techniques

Modern judicial practice indicates how important, in the quality of cases, is forensic examination, which with its special methods, tools and techniques contributes to the solution of judicial problems. An expert opinion plays a significant role in the process of proving in separate proceedings, when the question of the obligatory application of special knowledge arises. The article deals with study of forensic science as a source of evidence in a particular proceeding, as well as highlighting the clear difference between individual and other types of proceedings in civil proceedings, forming an opinion on the active role of the court in resolving cases in a particular proceeding. on the problem of interpretation by courts of norms of the national legislation at application of such means of proof as the expert’s conclusion. Analysis of scholars’ opinions, national case law, ECtHR documents, current legislation and regu-lations governing the appointment of forensic examination, shows that, in addition to the general rules of the institution of evidence and proof, in cases of separate proceedings, the court may take into account all by law means of proof. The expert's opinion is admissible, sufficient, reliable and categorical evidence in cases concerning changes in the legal status of individuals; establishing facts that are legally significant for the realization of rights and interests in family and other legal relations (for example, establishing the zygote of twins as a result of merging male and female gametes, establishing kinship (kinship) through molecular genetic examination).

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 ELECTRONIC MEANS OF PROOF IN CIVIL PROCESS

2021 ◽  
pp. 145-153
Author(s):  
S. V. Dyachenko ◽  
S. V. Dyachenko
Keyword(s):  
Rapid Development ◽  
The United States ◽  
Scientific Methods ◽  
Electronic Evidence ◽  
Civil Process ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
General Scientific ◽  
Effective Use

The purpose of the article is to explore the issues of electronic means of proof in the civil process of Ukraine and foreign countries, the problems of application, as well as to identify possible ways to improve them. Relevance of research is due to that the issue of electronic evidence is gaining new importance at the present stage during the rapid development and improvement of electronic means of communication and media which causes the emergence of new theoretical and practical problems in their application. In this regard, a comparative analysis of the legislative consolidation and practice of application of this topic in civil proceedings of foreign countries and Ukraine will provide an opportunity to identify further ways to modernize electronic evidence in general. Also, the problematic issues concerning their application during the trial have not been fully resolved and the peculiarities of other countries have not been singled out. Therefore, effective use of the achievements of scientific and technological progress has become an important issue in the judiciary due to the continuous computerization and informatization. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and proposals. The following general scientific methods of cognition were used during the research: dialectical, terminological, logical-semantic, system-structural, logical-normative, comparative. The issues of legislative regulation of electronic evidence in Ukraine and other countries, their key differences, as well as the author’s ways to improve electronic evidence by borrowing best practices from other countries, including the United States. Problematic aspects of legislative consolidation of electronic evidence have been identified, the possibility of introducing forensic methods into the civil process to establish the authenticity of the provided electronic evidence and application of the blockchain system in order to prevent their destruction has been assessed. The current legal positions from judicial practice were given and analyzed on the issues under consideration. The results of the study can be used in lawmaking and law enforcement activities for the use of electronic evidence in civil proceedings.

scholarly journals Theoretical and Practical Features of the Compensation for Harm Consideration by Filing a Civil Claim in Criminal Proceedings

2021 ◽  
Vol 16 (12) ◽  
pp. 144-155
Author(s):  
V. A. Kovalenko
Keyword(s):  
Criminal Proceedings ◽  
Property Damage ◽  
Legal Entity ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Domestic Legislation ◽  
Moral Damage ◽  
The Uk ◽  
The Right ◽  
Interim Measures

The paper examines the types of harm provided for by domestic legislation, their procedural features in a criminal case by filing a civil claim. The author argues that there is a need to amend the existing normative legal acts regulating the issues of compensation for harm caused by a crime, in particular, presents some arguments about the disclosure and legislative consolidation of the concept of “harm” in the framework of criminal proceedings. The author analyzes the gaps associated with compensation for property damage, in terms of the difficult simultaneous compensation for property and moral damage, as well as the lack of opportunity in the criminal procedure to recover lost profits. Some features of compensation for moral damage in relation to individuals and legal entities are investigated, for example, the issue of applying the rules for compensation for moral damage when a civil claim is filed by a legal entity. The process of proving the damage caused and the gaps in the issues of awarding compensation amounts in civil claims for compensation for damage, taking into account judicial practice, are considered. The author expresses her opinion on the matter of interim measures application in relation to the property of tortfeasor and imposing on the judge the obligation to render a decision in case of such a need, and not the right. Some differences between a civil claim for damages in criminal proceedings and civil proceedings are given, for example, the possibility of indexing the amounts subject to compensation has been analyzed. The analysis of some regulatory acts and the study of the procedure for compensation for harm caused by a crime in the UK. The author presents an argument about the development of scientifically grounded methodological recommendations that would fully reveal the existing gaps and problems in compensation for various kinds of harm caused by a crime.

scholarly journals FEATURES OF CIVIL LIABILITY OF MEDICAL WORKERS

2021 ◽  
Vol 7 (2(42)) ◽  
pp. 3-7
Author(s):  
Anastasia Olegovna Varava
Keyword(s):  
Medical Practice ◽  
Medical Staff ◽  
Medical Science ◽  
Civil Liability ◽  
Civil Code ◽  
Medical Services ◽  
Medical Professionals ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Coronavirus Infection

The article will discuss the features of the occurrence and application in the judicial practice of civil liability for medical professionals. This problem is particularly relevant in connection with the complications in the provision of medical services due to the spread of coronavirus infection. And this topic is also the most acute problem, because every year the number of criminal and civil proceedings involving doctors and other medical professionals increases. In addition, the resolution of «medical Affairs» there are difficulties associated with the assessment of the medical staff, as you have to consider many factors: the degree of development of medical science; the level of medical practice, etc. And most doctors are not fully aware of the norms of the civil code and bases of civil liability, the knowledge of which may help to reduce the number of such offences.

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