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 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

Zdolność sądowa podmiotów ogólnego prawa cywilnego materialnego

2018 ◽  
Vol 75 ◽  
pp. 131-166
Author(s):  
Robert Obrębski
Keyword(s):  
Civil Law ◽  
Legal Capacity ◽  
Valid Trial ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Status ◽  
Judicial Proceedings ◽  
The Subject ◽  
Substantive Law ◽  
Subjective Rights

Judicial capacity consists in the transposing of substantive law subjectivity to proceedings under civil law in a form allowing valid proceedings closing with a judgment, said proceedings involving the participation of a specific entity. A party without capacity for the status of specific subjective rights or legal relationship cannot expect to participate in a valid trial closing with a judgment. Three categories of entities with general legal capacity – private individuals (natural persons), legal persons, and organisational units as stipulated by provisions of Article 64 §11 of the Civil Proceedings Code – have been equipped with judicial capacity, as they can be party to legal relations constituting the subject of action. The participation of such entities in proceedings under civil law – while potentially concerning any case – shall only apply to cases under civil law wherein entities as duly indicated act to protect their legal circumstances associated with events potentially occurring prior to the commencement of judicial proceedings. They should only appear as parties in civil cases involving their activities on their own behalf and to their own benefit.

scholarly journals Gradient Legal Personhood for AI Systems—Painting Continental Legal Shapes Made to Fit Analytical Molds

2022 ◽  
Vol 8 ◽  
Author(s):  
Diana Mădălina Mocanu
Keyword(s):  
Paradigm Shift ◽  
Legal Status ◽  
Civil Law ◽  
Bundle Theory ◽  
Gradient Theory ◽  
Legal Capacity ◽  
Legal Personhood ◽  
The Status ◽  
Theory Framework ◽  
Theory Paradigm

What I propose in the present article are some theoretical adjustments for a more coherent answer to the legal “status question” of artificial intelligence (AI) systems. I arrive at those by using the new “bundle theory” of legal personhood, together with its accompanying conceptual and methodological apparatus as a lens through which to look at a recent such answer inspired from German civil law and named Teilrechtsfähigkeit or partial legal capacity. I argue that partial legal capacity is a possible solution to the status question only if we understand legal personhood according to this new theory. Conversely, I argue that if indeed Teilrechtsfähigkeit lends itself to being applied to AI systems, then such flexibility further confirms the bundle theory paradigm shift. I then go on to further analyze and exploit the particularities of Teilrechtsfähigkeit to inform a reflection on the appropriate conceptual shape of legal personhood and suggest a slightly different answer from the bundle theory framework in what I term a “gradient theory” of legal personhood.

On the classification of the participants of civil process

2019 ◽  
pp. 224-234
Author(s):  
Aleksandr Fedorovich Voronov
Keyword(s):  
Russian Federation ◽  
Social Phenomena ◽  
Civil Process ◽  
The Status ◽  
Procedural Code ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Judicial Procedure

The article is devoted to the classification of participants in civil proceedings, it also touches on some issues of classification of participants in the commercial judicial proceedings and administrative judicial proceedings. Using logical methods of cognition: analysis, synthesis, deduction and induction, General scientific and special scientific methods and techniques knowledge of social phenomena and processes: historical, comparative, system-structural and others, the author concludes that the generally accepted classification of civil process participants is imperfect; based on the study of classification criteria, he proposes to identify new categories of participants in the process, to legislate their rights and obligations, to clarify their names. The author reveals the imperfection of some norms of the Civil Procedural Code of the Russian Federation and Code of Administrative Judicial Procedure of the Russian Federation, justifies the need to change them. The relevance of the research topic is justified by the fact that the new procedural legislation sometimes does not fully take into account the classification of participants in the process, which determines the status of the participant, the scope of his procedural rights and obligations, and this is directly related to the constitutional guarantees of protection of rights, freedoms and interests.

scholarly journals DISCUSSION ON THE STATE AND LEGAL STATUS OF THE CRIMEAN ASSR (1921–1945)

2021 ◽  
Vol 7 (73) (3) ◽  
pp. 133-148
Author(s):  
V. V. Kharabuga ◽  
V. A. Afanasyev
Keyword(s):  
Legal Status ◽  
Political Conflict ◽  
Convincing Evidence ◽  
Point Of View ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
The Status ◽  
Long Time ◽  
Historical Basis ◽  
The One

For a long time, Crimea has been the place of a permanent ethnopolitical political conflict controlled from the outside, one of the components of which is the confrontation between the Russians, as an ethnic group and the other Slavic population of Crimea, on the one hand, and the Tatars of Crimea, on behalf of whom the extremist banned in Russia is trying to speak structure «kurultai-mejlis». The argumentation of the hypothesis designed to confirm the myth about the national (Tatar) character of the Crimean ASSR is presented. The analysis of argumentation suggests that the hypothesis is not supported by convincing evidence. More weighty should be considered the point of view that the Crimean Autonomous Soviet Socialist Republic in 1921–1945. was multinational-territorial autonomy. The discussion in Ukraine of the topic of changing the status of Crimea, turning it into national Tatar autonomy is carried out by the leaders and functionaries of the extremist organization «kurultai-mejlis» in the framework of the anti-Russian propaganda flow controlled from abroad and exploits the analyzed myth as the historical basis of its claims.

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.

Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

2021 ◽  
pp. 1023263X2110553
Author(s):  
Adil Ye Alibekov
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Civil Process ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
General Scientific

The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

PASSIVE PROCEDURAL POSITION AND THE PROBLEM OF DISHONESTY OF THE PARTIES IN CIVIL PROCEEDINGS

2020 ◽  
Vol 6 (4) ◽  
pp. 172-191
Author(s):  
Nadezhda V. SUKHOVA ◽  
Faniya F. Chamaletdinova
Keyword(s):  
Good Faith ◽  
Scientific Development ◽  
Legal Proceedings ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Judicial Proceedings ◽  
Methodological Assessment ◽  
The Right ◽  
Abuse Of Law

This article examines the approach of legal science and law enforcement to the issue of abuse of rights. The authors emphasize that the reform of procedural legislation in the first two decades of the 21st century corresponds to the tendencies of internationalization of the civil process, within the framework of which the principle of accessibility of justice in its true understanding as a legal value is concretized. In this sense, the authors state that the abuse of the right to sue is one of the most important problems of civil procedural law, requiring a solution in order to increase the fairness and efficiency of national legal proceedings. The analysis of a passive procedural position is carried out in the path of abuse of law. The authors acknowledge that, in connection with the COVID-19 pandemic, the need to severely punish dishonesty of the parties in court in order to promote good faith in civil proceedings is a response to the established jurisprudence. In addition, this article draws attention to the fact that the most important problems today are related to the improvement of mechanisms for encouraging the execution of procedural laws and rules of civil proceedings, and not just the system of punishment for dishonest behavior. This formulation of the practical problem determines the research methodology. According to the authors, the solution of serious problems associated with the dishonesty of the parties should be based not only on a theoretical (and monistic) approach, but on a pluralistic and communicative approach. And in this sense, this study is new. This article concludes that the failure of the procedural theory in the study of the phenomenon of abuse of rights and the explanation of conscientiousness in the civil proceedings is a fact of scientific development, subject to methodological research — a methodological assessment of this fact; the question arises about the essence of the phenomenon; special purposes of civil procedure — the directions of development of procedural law inevitably give rise to their own legal interpretations, in particular, this is observed in the case of assessing the good faith in the judicial proceedings for purposes of other branches of law.

The legal status of personnel involved in United Nations peace operations

2013 ◽  
Vol 95 (891-892) ◽  
pp. 613-636 ◽  
Author(s):  
Dieter Fleck
Keyword(s):  
United Nations ◽  
Legal Status ◽  
Legal Protection ◽  
Customary Law ◽  
Peace Operations ◽  
International Organisations ◽  
Host State ◽  
The Status ◽  
Open Issues

AbstractThis article examines the status of military and civilian personnel of sending states and international organisations involved in UN peace operations. It undertakes an assessment of relevant customary law, examines various forms of treaty regulation and considers topics and procedures for effective settlement of open issues prior to the mission. The author stresses the need for cooperation between the host state, the sending states and the international organisation in this context. He draws some conclusions with a view to enhancing the legal protection of personnel involved in current and future UN peace operations.

scholarly journals The Unity of the Material and Procedural Elements of a Legal Entity

2021 ◽  
Vol 3 (3) ◽  
pp. 83-98
Author(s):  
Vladimir K. Andreev ◽  
◽  
Vladimir A. Kondrat’ev
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Power Of Attorney ◽  
Legal Entity ◽  
Scientific Methods ◽  
Civil Proceedings ◽  
Long Time ◽  
Arbitration Procedure ◽  
General Scientific ◽  
Scientific Degree

Introduction. For a long time, legal science has been discussing the understanding of a legal entity, its characteristics, its relationship with a citizen, as well as other associations of citizens and legal entities. The question of the combination of material and procedural principles in the figure of a legal entity is ambiguous. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The legal status of a legal entity as a participant in civil proceedings is based on the same principles and norms of law as those of a citizen. At the same time, a legal entity is a real organisation that acquires and exercises rights and assumes responsibilities through its bodies. In the context of the introduction of digital technologies into the activities of a legal entity, it is advisable to consider a legal entity as a legal device, consisting of certain elements, the main of which are civil rights and obligations that regulate the legal behavior of a legal entity. Discussion and Сonclusion. A legal entity acts in court as a plaintiff and a defendant, performing actions when there is a procedural form of violated or disputed rights. Since legal assistance to a legal entity can now be provided by persons who have documents of a higher legal education or a scientific degree in a legal specialty, it would be advisable to allow such a representative in a court session to decide for himself the choice of performing the procedural actions indicated in Part 2 of Art. 62 of the Code of Arbitration Procedure of the Russian Federation, if there is such a clause in the power of attorney.

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