Execution of Judicial Decisions in Civil Procedure of Ukraine: Tendencies in the Context of Judicial Reform

2018 ◽  
Vol 8 (3) ◽  
pp. 150-161
Author(s):  
V.V. KRYZHANIVSKY
2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.


2021 ◽  
Vol 30 (2) ◽  
pp. 84-96
Author(s):  
Raisa Minchenko ◽  
◽  
Daria Minchenko ◽  

Author(s):  
Oda Hiroshi

This introductory chapter provides a background to arbitration in Russia. The history of arbitration in Russia can be traced back to the seventeenth century. In 1831, the Statute on Arbitration was enacted. In this Statute, there were two different systems of arbitration: statutory arbitration and voluntary arbitration. Statutory arbitration was not based upon the parties’ free will. This was a system in which parties were mandated to choose arbitration because of the overloaded court docket. Voluntary arbitration, on the other hand, was based upon the agreement of the parties. Statutory arbitration was abolished by the Great Judicial Reform of 1864 and only voluntary arbitration remained in the Rules of Civil Procedure. However, after the Bolshevik Revolution, all laws of the Tsarist regime, including the Rules on the Civil Procedure, were abolished. Nevertheless, the decree on the court No. 1 of 1917 accommodated arbitration as a means of settling civil law disputes. There was no commercial arbitration under socialism, except for two institutions attached to All-Union Chamber of Commerce and Industry. The chapter then looks at arbitration after the collapse of socialism. After decades of confusion, as an outcome of the 2015 Arbitral Reform, relevant laws were substantially amended and a licensing system was introduced for arbitral institutions.


2018 ◽  
Vol 6 (2) ◽  
pp. 201-216
Author(s):  
Efa Laela Fakhriah ◽  
Yustika Tatar Fauzi Harahap

Abstract:Implementation of the law that related civil law to the procedure of settlement of the legal dispute in court is regulated by formal law that named law of civil procedure. The aim of this study to determine how the application of proof decisoir eed in Civil Case Evidence in Court? and how the factors that affect the consideration of the judge in deciding decisoir eed as evidence?. There are some references for this research, court decisions, both decisoir eed application by either party in order to convince the judge and decisoir eed as the only evidence of the evidentiary process. The results showed that contradictory opinions: 1. In practice there are judicial decisions that apply oath breaker even if the parties have filed written evidence and witnesses and 2. decisoir eed can be applied if one of the parties did not submit evidence. The next discussion is the existence of subjective factors and objective factors for the judge to consider the granting of the decisoir eed by the parties. The conclusion of this research is the application of the decisoir eed of the civil event is irrelevant because of the low sense of legal certainty.Keywords: Proof, Decisoir Eed, Judge Abstrak:Implementasi hukum yang berhubungan di bidang keperdataan terhadap tata cara penyelesaian sengketa hukum di pengadilan diatur oleh hukum formil yang disebut dengan hukum acara perdata. Penelitian ini bermaksud untuk mengetahui bagaimana penerapan alat bukti sumpah pemutus dalam pembuktian perkara perdata di Pengadilan dan bagaimana faktor-faktor yang mempengaruhi terhadap keyakinan Hakim dalam memutuskan sumpah pemutus. Materi pembahasan penelitian ini adalah permohonan sumpah pemutus oleh salah satu pihak dengan tujuan untuk meyakinkan Hakim dalam menilai kebenaran alat bukti dan permohonan sumpah pemutus sebagai alat bukti satu-satunya dalam proses pembuktian. Hasil analisis menunjukan 2 (dua) pendapat saling kontradiktif yaitu dalam Putusan No. 47/Pdt.G/2012/PN Lsk Majelis Hakim yang mengabulkan permohonan sumpah pemutus oleh Penggugat meskipun Penggugat telah memiliki alat bukti lain dan dalam Putusan No. 16/Pdt.G/2012/PN Stb Majelis Hakim tidak mengabulkan permohonan sumpah pemutus dalam perkara tersebut karena Pihak Lawan memiliki bukti surat dan saksi. Pembahasan berikutnya sehubugan dengan faktor subyektif dan faktor obyektif dari Hakim dalam mempertimbangkan permohonan sumpah pemutus oleh para pihak. Kesimpulan yang didapat adalah penerapan alat bukti sumpah pemutus dalam acara perdata sudah tidak relevan karena jauh dari rasa kepastian hukum dan paradigma hukum yang berkembang dalam penanganan perkara perdata di samping mencari kebenaran formal mulai mengarah kepada terwujudnya kebenaran materiil terbatas. Hakim harus melakukan pencarian kebenaran terhadap fakta yang dipersengketakan demi terwujudnya keadilan dan kepastian hukum.Kata kunci: Alat Bukti, Sumpah Pemutus, Hakim


2020 ◽  
Vol 17 (1) ◽  
pp. 94-99
Author(s):  
Alexey Kovalchuk

Introduction. The creation of a system of cassation courts of general jurisdiction organized on an extraterritorial basis and other significant changes in modern cassation proceedings quite obviously mediate a new wave of scientific interest in the history of the development of a system for verifying judicial acts in the domestic tradition of civil procedure. In this regard, the experience in carrying out the Judicial Reform of 1864, in particular, enforcement of the Statute of Civil Procedure regularized the cassation institution for the first time, became relevant. At the same time, despite the fact that many modern scientific works are devoted to the study of the Statute of Civil Procedure of 1864 itself (including possibilities for appealing court decisions provided for thereby), the studies of foregoing drafts also stay relevant. The draft of 1863 is one such example. This article is devoted to the analysis of this draft in accordance with the declared topic. Purpose. The purpose of this study is to describe the draft Statute of Civil Procedure of 1863 in the context of its provisions defining the content of cassation institution. Methods. In the framework of the study, mainly historical-legal and comparative-legal methods were used. Results. The significance of the draft Statute of Civil Procedure of 1863, in the context of establishment and development of cassation institution in the civil procedure of the Russian Empire, was manifested, first of all, in a sufficiently clear consolidation in it of the very grounds for cassation of decisions. Its definitions are very similar to its provisions have been already consolidated in the Statute of Civil Procedure of 1864. At the same time, existing in that period distinction between terms “cassation” and “revision” promoted the consolidation of two basic tasks of cassation proceedings in the provisions of the Statute of Civil Procedure of 1863: verifying of the final decisions for judicial errors with the purpose of their subsequent elimination and ensuring uniform application and interpretation of the law. Conclusion. The draft Statute of Civil Procedure of 1863, having incorporated the ideas of many subsequent legislative works into itself, became some sort of provisional result of development of the necessity of cassation court in the Russian Empire of the 1800s – 1860s. At the same time, of course, the work on drafting the Statute of Civil Procedure did not end there, wherefore the draft was actively discussed and improved, and its main provisions regarding the regulation of the cassation proceedings formed the basis of the Statute of November 20, 1864.


2021 ◽  
Vol 11 (5) ◽  
pp. 107-139
Author(s):  
E.A. BORISOVA

History, theory, and court practice are the basis of judicial reform. If the Civil Procedure Code of the Russian Federation was created considering this with, but subsequent changes of the procedural law show the opposite. Changes of procedure in the appellate court are not an exception, and that is why for the last 10 years theoretical and practical problems of appeal proceedings have existed. The article aims to draw attention to the reasons of occurrence of these problems; mistakes made in the course of its solution; ways of error correction with due regard for experience of Russian civil procedure, achievements of the civil procedure doctrine, needs of Russian judicial practice; necessity of complex approach in reforming proceedings in the court of appeal instance.


2019 ◽  
Vol 10 (7) ◽  
pp. 1984
Author(s):  
Oksana O. HRABOVSKA ◽  
Olena S. ZAKHAROVA ◽  
Oleksandra O. KARMAZA

The radical political changes that have taken place in recent years in connection with Ukraine's desire for integration into the European community have led to another judicial reform. As part of the legislative reform, a new version of the Code of Civil Procedure (CPC) was developed and adopted in 2017. The aim of this study is to identify, structure and analyze the fundamental changes that have occurred in the new version of the Code, and to trace outline trends in legislation of Ukraine of such concept as proof and reliability of evidence. The research substantiates the need to separate electronic evidence as an independent means of proof in civil justice, to analyze new innovations in Ukrainian law, and to show progressive vectors of change in civil law in Ukraine. This study may form the basis for further research into civil justice reform.  


2019 ◽  
Vol 1 (27) ◽  
pp. 48-55
Author(s):  
Binh Huu Trinh

According to the ordinary procedure, the time duration for a case proceeding can be extended from 4 to 8 months; therefore, subjectively the judge who is  assigned to settle the case does not necessarily determine the type of case involving simple facts or the clear legal relationship to deal with promptly;  consequently, the simplified procedure which was specified in  the Civil Procedure Code 2015 has fulfilled that task. However, by examining the new provisions on the simplified procedure, the author realizes that there are certain limitations. In this paper, the author assesses the real state of law restrictions in practice, and then applies the methods of synthesis, analysis, comparison and evaluation in order to make proposals for the perfect law based on the view of the Party and the State on the strategies of judicial reform. The proposals can be both applied effectively in judicial work and used as reference sources for law students and for teaching.


2005 ◽  
Vol 28 (4) ◽  
pp. 963-997
Author(s):  
Louis Payette

References to the "Prime Rate" or to the "Base Rate" of lending institutions are of frequent use in commercial loan agreements relating to the interest payable by the borrower. The concept of "Prime Rate" as a valid contractual arrangement has been challenged on the grounds of vagueness or on the basis that discretionary rights were given to one party, the lender ; the scope of its meaning as well as the extent of the duties of a lender lending at prime rate has been reviewed by various judicial decisions. The author reviews such decisions, Canadian, American, and French, and measures the impact of various requirements of the Civil Code, the Interest Act, the Bills of Exchange Act, the Code of Civil Procedure on agreements whereby the variable rate of interest payable by the borrower is related to "Prime Rate".


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