scholarly journals THE COURT GOES BEYOND THE STATED REQUIREMENTS IN CIVIL PROCESS

2020 ◽  
Vol 8 (10(79)) ◽  
pp. 35-41
Author(s):  
E. Bojko
Keyword(s):  
Civil Process ◽  
Civil Proceedings ◽  
The Law ◽  
Civil Cases

The article analyzes the views of scientists, provides examples of legislation relating to the court goes beyond the stated requirements in civil process, the relevance and applicability of the procedural action in the implementation of civil proceedings, as well the need to consolidate the concept in the procedural legislation. The cases provided by the law of the court goes beyond the declared requirements on separate categories of civil cases are investigated in the form and method of implementation of procedural action.

scholarly journals DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION?

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 196-211
Author(s):  
Jasmaniar Jasmaniar ◽  
Sutiawati Sutiawati
Keyword(s):  
Domestic Violence ◽  
Supreme Court ◽  
Dispute Resolution ◽  
Legal Research ◽  
Civil Case ◽  
Civil Process ◽  
Legal Problems ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases

AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.

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 E-Court in resolving civil cases - Foreign experiences and recommendations for Vietnam

2021 ◽  
Vol 5 (3) ◽  
pp. first
Author(s):  
Nguyen Thi Hong Nhung ◽  
Huynh Thi Nam Hai ◽  
Luu Minh Sang
Keyword(s):  
Social Order ◽  
Legal Framework ◽  
Legal Rights ◽  
State Management ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Procedural Time ◽  
The Law ◽  
Civil Cases ◽  
Settlement Of Disputes

Applying digital technology in state management activities is a trend that many countries are actively implementing. Experiences from other foreign countries show that digitizing and technologizing judicial activities is an inevitable trend to simplify administrative procedures, maximize the settlement of disputes to ensure legitimate rights of people, and to maintain social order. Vietnam is therefore not out of that trend. However, the application of information technology to the Court's activities in Vietnam has just been initially organized through a number of activities such as online filing, electronic case management..., but for the online trial, the Vietnamese law still does not have a complete legal framework. In the context of Covid-19 epidemy, the employment of E-court becomes even more necessary than ever. Because of social distancing, many activities, including court trial have been postponed. This can cause many inconveniences to the court (to comply with the law on procedural time), and to the parties (who wants to solve their legal issues as quick as possible, so that they can enjoy well their legal rights and interests). However, this model of court needs many conditions to be developed: investment of Government, qualifications of competent persons, people’s scientific and technical level… It should be noted that technological measures are just a different implementation method of the procedural provisions, but due to being as the procedural law, these implementation steps should be clearly specified in the law, so as not to be considered a violation of the proceedings. Thus, the contents of law need to be legalized such as applicable conditions, procedures on initiating a lawsuit, on giving announcement to parties... In fact and theory, all kind of civil cases can be judged online as long as the requirements of platform and demand of participating parties are met. And the civil procedure law can add regulations about the online method to some of necessary procedural steps as an additional choice to the parties. The article focuses on recommending the building of a E-Court model in Vietnam in civil proceedings, where this model can be effectively applied due to the civil nature of the case, with the research method of analysis, thesis and comparison with other foreign laws, such as Malaysia, Korea, Australia and Canada.

ON THE CLASSIFICATION OF DIGITAL TECHNOLOGIES IN CIVIL PROCESS

2019 ◽  
pp. 27-35
Author(s):  
Alexandr Neznamov
Keyword(s):  
Information Processing ◽  
Scientific Community ◽  
Digital Technologies ◽  
Significant Feature ◽  
Legal Proceedings ◽  
Civil Process ◽  
Civil Proceedings ◽  
Processing Information ◽  
The Impact

Digital technologies are no longer the future but are the present of civil proceedings. That is why any research in this direction seems to be relevant. At the same time, some of the fundamental problems remain unattended by the scientific community. One of these problems is the problem of classification of digital technologies in civil proceedings. On the basis of instrumental and genetic approaches to the understanding of digital technologies, it is concluded that their most significant feature is the ability to mediate the interaction of participants in legal proceedings with information; their differentiating feature is the function performed by a particular technology in the interaction with information. On this basis, it is proposed to distinguish the following groups of digital technologies in civil proceedings: a) technologies of recording, storing and displaying (reproducing) information, b) technologies of transferring information, c) technologies of processing information. A brief description is given to each of the groups. Presented classification could serve as a basis for a more systematic discussion of the impact of digital technologies on the essence of civil proceedings. Particularly, it is pointed out that issues of recording, storing, reproducing and transferring information are traditionally more «technological» for civil process, while issues of information processing are more conceptual.

The Principle of Verbality in Simplified Civil and Administrative Proceedings

2020 ◽  
Vol 10 ◽  
pp. 70-77
Author(s):  
I. I. Tolmacheva ◽  
Keyword(s):  
General Procedure ◽  
Civil Procedure ◽  
The Real ◽  
Civil Process ◽  
Civil Cases ◽  
Simplified Procedure ◽  
Administrative Proceedings

This article analyzes the issues related to the effect of the principle of oral civil (administrative) proceedings in simplified civil (administrative) proceedings, taking into account that scientific articles Express the opinion that the principles of civil procedure are not fully applied in simplified proceedings. The author proposes to pay attention to the effect of this principle both in the General procedure for consideration of civil cases by the court, and in the simplified procedure (procedure); to identify trends in its development in the real conditions of the Russian civil process, regardless of the procedure for consideration of civil cases.

APPEAL AND COMPLAINT IN CIVIL PROCEEDINGS AFTER THE CHANGES MADE BY THE ACT OF JULY 4, 2019. – SELECTED ISSUES

2020 ◽  
Vol 4 (XX) ◽  
pp. 181-201
Author(s):  
Mariusz Śladkowski
Keyword(s):  
Civil Procedure ◽  
Fair Trial ◽  
Legal Regulations ◽  
Civil Proceedings ◽  
Civil Cases ◽  
Civil Courts

One of the most important changes to the legal regulations in 2019 is the reform of the civil procedure introduced by the Act of July 4, 2019 amending the Act - Code of Civil Procedure and certain other acts. One of the most important goals of this reform was to improve the implementation of the civil right to a fair trial. According to the authors of the reform, the existing solutions in terms of the manner of conducting civil proceedings have worked well under conditions of a relatively low burden on civil courts. Nowadays, when the number of civil cases is gradually increasing, the legislator’s efforts are required that will realistically simplify and accelerate the proceedings in these cases. As part of the amendment in question, two far-reaching changes were made to two means of appeal, basic for civil proceedings, i.e. an appeal and a complaint

The value, concept and essence of appeal proceedings in civil cases

2020 ◽  
pp. 523-529
Author(s):  
Liliya Usich
Keyword(s):  
Human Rights ◽  
Knowledge Based ◽  
Civil Proceedings ◽  
High Prevalence ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Civil Cases ◽  
Judicial Errors ◽  
The Right ◽  
Judicial Protection

This work is devoted to identifying the significance of the appeal proceedings in civil cases. We emphasize that the right to judicial protection is one of the fundamental human rights. To achieve this goal, we set the following tasks: define the concept of appeal proceedings; characterize the essence of the appeal proceedings in civil cases. In the course of studying the issue, we use the methods of scientific knowledge, based on the results of which the appropriate conclusions are drawn: despite the wide recognition of the appeal proceedings in the Russian Federation, we note the need to improve the efficiency of this institution due to certain omissions in the legislation. As a result, we define what should be understood as an appeal – consideration of cases that have not entered into legal force. By virtue of this, the importance and significance of the appeal proceedings as an appeal tool, as well as the direct correction of judicial errors, is noted both by the norms of domestic legislation and by international human rights bodies. The indicated gaps in the legislation show the absence of clearly defined boundaries, which creates problems in determining the value and essence of the appeal proceedings both at the theoretical and practical levels. In particular, there is a controversy on the appeal proceedings’ importance. However, the doctrine identifies two main elements, the essence of the appeal proceedings is: 1) the repetition of the case; 2) verification of the judicial act. Nevertheless, despite the high prevalence of appeals in civil proceedings, the issue of improving the effectiveness of this institution is still relevant, which leads to the inefficiency of civil proceedings in general.

scholarly journals Tendencies of Development of Legislative Regulation Appeal in Civil Process

2020 ◽  
Vol 15 (4) ◽  
pp. 42-48
Author(s):  
E. Yu. Boyko
Keyword(s):  
Judicial System ◽  
Judicial Discretion ◽  
Civil Process ◽  
Legislative Regulation ◽  
The Law ◽  
Court Of First Instance ◽  
Court Of Appeal

The article is devoted to the directions of improvement of appeal proceedings in the civil process, identified in the analysis of legislation and practice of its application, in connection with the reform of the judicial system. The author not only considers the questions of implementation of the court of appeal of its powers, justifies the need for disclosure of criteria allowing the direction of the court of appeal the case for a new trial in the court of first instance, the limits of choice in the exercise of judicial discretion outside of the petition of appeal, the improvement of term of making a petition of appeal, eliminate of the term “appeal determination”, enshrined in the law of procedure of familiarization with the act court of appeal and its further complaints, but also indicates ways of solving them.

scholarly journals Mengukur Konstitusionalitas Peninjauan Kembali (PK) Kedua dalam Perkara Perdata

2020 ◽  
Vol 22 (2) ◽  
pp. 452-474
Author(s):  
Priyo Handoko
Keyword(s):  
Judicial Review ◽  
Due Process ◽  
Criminal Case ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Due Process Of Law ◽  
The Law ◽  
Civil Cases ◽  
Constitutional Analysis

The study aims to provide a constitutional analysis of judicial review (PK) in civil cases for more than once. The research-based is the decision of the Constitutional Court No. 108 / PUU-XIV / 2016 and No. 34 / PUU-XI / 2013 in which the two judgments provide a different classification between criminal and civil cases. The method used in this research is a normative juridical with a conceptual, legislation, and case approach. The results of the study assert that: first, the opportunity for judicial review (PK) more than once in a criminal case is an effort to uphold justice substantively by the Constitutional Court. Whereas the restriction of judicial review (PK) only once in civil cases is intended to guarantee legal certainty. Secondly, there is rational inconsistency in the arguments of the Constitutional Court which is indicated in Decision No. 108 / PUU-XIV / 2016 and No. 34 / PUU-XI / 2013. Both criminal and civil cases must seek to establish and maintain substantial justice, especially since there is a due process of law principle that requires that everyone can get the same opportunity before the law.

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.

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