scholarly journals History of spread of Austrian civil procedural legislation the west of Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 77-82
Author(s):  
Oleksandra Nestertsova-Sobakar
Keyword(s):  
Regional Differences ◽  
Customary Law ◽  
Court Order ◽  
Civil Process ◽  
Delegation Of Authority ◽  
Civil Proceedings ◽  
Long Time ◽  
History Of ◽  
Polish Law ◽  
Considerable Work

In the article is being investigated the history of the spread of Austrian legal acts regulating civil legal relations in the Ukrainian lands that were part of the Austrian, and later the AustroHungarian Empire. It is reported that after the accession of Galicia and Bukovina, there is still a long time there were regional differences in the use of sources of law, for example, used Polish law or customary law. It is stated that the implementation of the Austrian judiciary in the region coincided with the era of significant reforms in the country, including in the field of civil proceedings, as considerable work was done on codification of law. The first in Galicia, Transcarpathia and Bukovina was the General Court Order of 1781, which governed the civil process. The article discusses the main provisions of the General Court Order (settled issues of disputes between gentlemen and peasants, one judge had to complete the case, all stages of the process should occur in one court, the ban on the delegation of authority of a judge, court decisions should be based solely on the law), the basis on which the code (availability, written nature of submission of materials, free presentation of evidence, enforcement of the procedure for the bidding of movable and immovable property, possibility of appeal to the court of the second instance. The study refers to the introduction of "general judicial order for Western Galicia." reveals the importance of development issues and the Civil Procedure Code 1895, which is considered one of the best attractions right of the nineteenth century

scholarly journals Participants in the procedure and evidence in the civil judicial proceedings

2021 ◽  
Vol 2 (2) ◽  
pp. 36-41
Author(s):  
Oleksandra Nestertsova-Sobakar
Keyword(s):  
Mentally Ill ◽  
Legal Status ◽  
Customary Law ◽  
Legal Capacity ◽  
Civil Process ◽  
Civil Proceedings ◽  
The Status ◽  
Long Time ◽  
Judicial Proceedings ◽  
Characteristic Features

The study deals with the peculiarities of the status of participants in civil proceedings in the Ukrainian Cossack state, as well as the main groups of evidence used in Ukrainian courts in accordance with contemporary sources of law, which contained procedural rules and were used by courts. It is noted that due to the historical political situation in the Hetmanate, sources of Polish and Lithuanian law (for example, Lithuanian statutes), hetman's powers, Russian law were used on its lands, and traditionally for a long time customary law, Cossack customary law. Characteristic features of the civil process, which began orally or in writing, were considered. The parties could be men from 18 and women from 14. In the Hetmanate there was an institution of representation of the party as a defender and lawyer, as well as parents or relatives. It is stated that procedural legal capacity did not extend to slaves, persons deprived of honor, excommunicated, exiles, and procedural legal capacity was not possessed by children, mentally ill, deaf or dumb, women who did not have a husband or guardian, and minors (men up to 18 years and women up to 14 years). The norms of the Lithuanian Statute of 1588 concerning the status of the party's representative, his role in the process, the grounds on which a person could not become a party's representative (court employee, clergyman's representative) are revealed. The main groups of evidence are covered, namely the personal testimony of the parties (in which the testimony of a person who had a higher legal status than the other party in court was considered more reliable), the testimony of witnesses, the conditions under which a person cannot be a witness, categories of witnesses ordinary and official), features of the use of religious oath as evidence, the involvement of written documents.

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 Statute of civil proceedings of 1864: history of adoption, main provisions and its impact on the Ukrainian provinces

2020 ◽  
Vol 4 (4) ◽  
pp. 95-100
Author(s):  
Oleksandra Nestertsova-Sobakar
Keyword(s):  
Civil Procedure ◽  
Radical Reform ◽  
Civil Process ◽  
French Experience ◽  
Civil Proceedings ◽  
Four Books ◽  
History Of ◽  
The Russian Empire ◽  
First Time ◽  
Competitive Nature

The article deals with the main factors that caused the authorities to take the steps of fundamental changes in the civil procedural legislation of the Russian Empire. It has been pointed out that in the 1840s, Nicolas I paid attention to the problems, and in 1848 issued a resolution demanding the creation of a special institution for drafting amendments to the legislation. The study highlights the process of drafting and preparing project of the law. It is noted that the French experience (Code of 1806), as well as the achievements of Austria and Prussia in the field of civil process, were used in the drafting of the Statute, which at that time scientists critically and analytically worked on foreign regulations. It is stated that the authorities rejected the idea of changing the existing system of civil procedural legislation and decided to implement a radical reform. It is said that the experts identified and grouped the major shortcomings that led to the unsatisfactory state of civil proceedings (25 points in total), and highlighted the main progressive and necessary provisions that were included in the new Civil Procedure Statute (competitive nature of the process, publicity streamlining the effective vertical of the courts, introducing the concept of a jury). Due to the reform of 1864, civil justice was separated from criminal justice. The structure of the Statute of Civil Procedure (general provisions, four books, totaling 1460 articles) is also covered. The article deals with the differences in the implementation of the Charter (simultaneous or phased implementation). The question of the extension of the force of law in the territory of the Ukrainian provinces is raised (in 1868 the Charter came into force in Kharkiv for the first time in Ukrainian lands and later in the South and Right-Bank Ukraine).

scholarly journals The history of formation and development of court decisions review in the civil procedural law of Ukraine

1970 ◽  
pp. 233-238
Author(s):  
Daryna Meniuk
Keyword(s):  
Judicial Review ◽  
Civil Procedure ◽  
Court Decisions ◽  
Civil Process ◽  
Procedural Law ◽  
Foreign Law ◽  
Long Time ◽  
History Of ◽  
The Russian Empire ◽  
The Right

The article presents the historical aspects of the formation and development of the institution of the review of court decisions in the civil process of Ukraine. The civil procedural rulings that govern the procedure for reviewing court decisions in each period of civil procedural law history are analysed, and the main reforms of the civil procedural legislation that have influenced on the development of the institution of the review of court decisions due to newly discovered or exceptional circumstances are identified. It draws attention to the fact that for a long time the formation of procedural law took place without the institutions of review of court rulings, in particular, the review of newly discovered circumstances. For instance, in the Kyivan Rus' judgments could be enforced immediately after their proclamation. The period of staying of Ukrainian lands under the rule of the Polish and Lithuanian legislature and was referred to as the "domination of foreign law". During this period, we adhere to the Second Lithuanian statute of rules that enable a person to seek of judicial review. The most prominent monument of procedural law of the Cossack Hetmanate era was the Ukrainian Code of 1743, also known as «The Rights under which Little Russian people are suing», which also provided for the possibility of review in an extraordinary way of review and revocation of court rulings. The next period of civil procedural law development should be considered in view of the division of Ukrainian lands and the corresponding influence of the Austrian and Russian empires on the law of our state. The Austrian Civil Procedure Code of 1895 provided for the possibility of reviewing court decisions in the form of an appeal and cassation. On the territory of Ukraine, which was part of the Russian Empire, the main act was the Statute of Civil Procedure of 1864 which provided for the possibility of judicial review in the event of the opening of new circumstances or falsification of acts on the basis of which a decision was made; and where the judgment is taken against a defendant who did not appear for trial and whose whereabouts were unknown. The events of 1917 initiated the so-called "soviet" or "socialist" law. For a long period, court decisions were either not reviewed or reviewed in exceptional circumstances. Only after the declaration of independence of Ukraine the judicial reforms were began, also for the institution of judicial review as one of the elements of the right to a fair trial.

BRIDGE BUILDING AS A PROBLEM OF URBAN INFRASTRUCTURE DEVELOPMENT IN THE EUROPEAN NORTH OF RUSSIA IN THE EARLY XX CENTURY

2019 ◽  
Vol 15 (2) ◽  
pp. 125-135
Author(s):  
Tatiana S. Minaeva ◽  
Sergey S. Gulyaev
Keyword(s):  
Urban Infrastructure ◽  
Local Administration ◽  
Infrastructure Development ◽  
European North ◽  
Long Time ◽  
History Of ◽  
Floating Bridge ◽  
Historical Comparative ◽  
Bridge Building ◽  
Xix Century

Introduction. The organization of transport links and the bridge building in cities located on the banks of wide rivers has always been one of the most important tasks of the local administration. The study of the history of bridge building allows not only to trace the process of modernization of different regions of the country, but also to help in solving similar problems of our time. Nevertheless, the history of Russian bridge building is poorly studied. The purpose of the article is to determine the characteristics and features of the organization of bridge building in big cities of the European North of Russia as a way to solve one of the problems of urban infrastructure in the early XX century. Materials and Methods. The sources for this study are the documents of the State archive of the Arkhangelsk region, published documents on the history of Vologda, articles in the local periodicals of the early XX century. The analysis of the studied problem used a systematic approach, the method of economic analysis, historical and historical-comparative methods. Results and Discussion. The building of permanent bridges was a need for the development of Arkhangelsk and Vologda. In Vologda the two wooden bridges were built in the middle of XIX century on city funds and in the future these bridges were repaired or rebuilt. The Arkhangelsk city authorities did not hurry to solve a problem of city infrastructure by own efforts and a long time they used the floating bridge. The lack of experience in the building of large bridges and the desire to save money led to the rapid destruction of the first permanent bridge in Arkhangelsk. Conclusion. The Development of trade and industry in cities of the European North of Russia, such as Arkhangelsk and Vologda, led to the expansion of their territory and the emergence over time, the so-called third parts of the cities. Despite the comparable size of the population of the districts located across the river, the process of connecting them with bridges to the rest of the city went at different rates, which depended on the attitude of the local administration to the problem of urban infrastructure.

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

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.

Vestimental Fashion-Trends in the Context of Culture of the late XIX – early XX century: Experience of Inclusion in the Process of Teaching the History of World Culture

2020 ◽  
Author(s):  
Ж.В. Васильева
Keyword(s):  
Educational Material ◽  
Fundamental Importance ◽  
World Culture ◽  
Modern Period ◽  
Long Time ◽  
History Of ◽  
Experience Of Inclusion

вопросы взаимодействия моды и сферы искусства, аспекты сближения их позиций в области репрезентации базовых эстетических установок конца XIX – начала XX вв. долгое время оставались вне поля исследовательского внимания культурологов и искусствоведов. Между тем, для преподавания курса мировой художественной культуры (МХК) анализ динамики взаимопроникновения моды и искусства в период модерна, выявление параллелей в развитии фэшн-трендов и художественных направлений конца XIX – начала ХХ в. имеет принципиальное значение. Обосновать необходимость включения учебного материала по вестиментарным фэшн-трендам в курс МХК – наша задача. questions of interaction between fashion and art, aspects of convergence of their positions in the field of representation of basic aesthetic attitudes of the late XIX – early XX centuries for a long time remained out of the field of attention of researchers. Meanwhile, for teaching the history of world culture, the analysis of the dynamics of the interpenetration of fashion and art in the modern period, the identification of parallels in the development of fashion trends and artistic trends of the late XIX – early XX century is of fundamental importance. Our task is to justify the need to include educational material on vestigial fashion trends in the course of world art culture.

THE PEACH REPLANT PROBLEM IN ONTARIO: V. THE RELATION OF PARASITIC NEMATODES TO REGIONAL DIFFERENCES IN SEVERITY OF PEACH REPLANT FAILURE

1958 ◽  
Vol 36 (1) ◽  
pp. 125-134 ◽  
Author(s):  
W. B. Mountain ◽  
H. R. Boyce
Keyword(s):  
Regional Differences ◽  
Previous History ◽  
Soil Particle ◽  
Parasitic Nematodes ◽  
Particle Sizes ◽  
Pratylenchus Penetrans ◽  
Essex County ◽  
Soil Population ◽  
History Of ◽  
Replant Problem

Peach production in Ontario is largely restricted to the Niagara Peninsula and Essex County, areas that are separated by some 200 miles but have a similar climate. The peach replant problem has been much more serious in Essex County than in the Niagara Peninsula. A survey of mature peach orchards showed that Pratylenchus penetrans (Cobb, 1917) Sher & Allen, 1953, is considerably more prevalent in peach soils in Essex County than in the Niagara Peninsula. In both areas, orchards that had a previous history of the replant problem had three to four times greater soil population of P. penetrans than those with no such history. Soils of finer texture were shown to limit the populations of P. penetrans, and the relatively low numbers of this nematode in the Niagara Peninsula appear to result from the influence of the finer soils prevailing in that region. The effect of different soil-particle sizes on the build-up of P. penetrans may explain the distribution of the peach replant problem in Ontario.

scholarly journals A solitary giant neurofibroma of inguinal region: A case report

2021 ◽  
Vol 104 (1) ◽  
pp. 003685042110042
Author(s):  
Haiying Zhou ◽  
Hui Lu
Keyword(s):  
Tumor Resection ◽  
Clinical Manifestations ◽  
Inguinal Region ◽  
Nerve Sheath Tumor ◽  
Neurogenic Tumors ◽  
Long Time ◽  
Giant Neurofibroma ◽  
History Of ◽  
Neuroectodermal Origin ◽  
Recurrence Tendency

Neurofibroma is a rare nerve sheath tumor of neuroectodermal origin, especially the huge and isolated neurofibroma located in the inguinal region. To our knowledge, no such case has previously been reported. We report a case of 34-year-old male patient with a 4-year history of progressive enlargement of the medial root mass in his left thigh with sitting and standing disorders along with pain. The tumor was completely removed by operation, and pathological diagnosis showed neurofibroma. There was no obvious neurologic defect after surgery, and no recurrence tendency was found in the follow-up of 2 years. For a large solitary mass with slow growth and no malignant clinical manifestations for a long time, clinicians cannot rule out the hypothetical diagnosis of neurofibroma, even though its growth site is very rare, such as this case of a huge tumor located in the groin. For neurogenic tumors, early operation should be performed, and the prognosis of patients after tumor resection is excellent.

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