scholarly journals Role and Place of Higher Specialized Courts in the Judicial System of Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 250-257
Author(s):  
V. V. Chumak
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Judicial Power ◽  
Legal Documents ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Definition Of

The role and place of higher specialized courts in the judicial system of Ukraine have been studied and determined. The author has studied such main categories as “judicial system of Ukraine”, “judiciary”, “judicial system” and “judicial power”. The judicial system of Ukraine has been established. The normative and legal base of functioning of highest specialized courts of Ukraine has been characterized. The author has provided own definition of the categories “judicial system of Ukraine” and “judicial power of Ukraine”. The author has offered to understand the category of “judicial system of Ukraine” as the totality of all hierarchically structured elements of the system (courts), which are endowed with exclusive competence to administer justice, built on the principles of territoriality and specialization, are defined by law and united by general principles of their organization and activity. In turn, the concept of “judicial power of Ukraine” is defined as the activity of courts (judicial system) to administer justice and to perform their professional duties within the limits and in the manner prescribed by the Constitution and laws of Ukraine in accordance with international and legal documents. It has been determined that highest specialized courts in the judicial system of Ukraine are the Supreme Court on Intellectual Property Issues and the Supreme Anti-Corruption Court. It has been concluded that highest specialized courts in the judicial system of Ukraine play an important role in the holistic mechanism of the entire judicial system, since they are endowed with exclusive competence to consider and decide cases on the merits of certain categories, and their activities are determined at the level of a separate regulatory act, which determines their legal status, and hence their place in the judicial system of Ukraine.

scholarly journals Judicial Law-making and Its Regulation in Independent Ukraine: Its History and Development

2021 ◽  
Vol 4 (3) ◽  
pp. 82-100
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Legal Regulation ◽  
Judicial System ◽  
Judicial Power ◽  
Constitutional Court ◽  
Judicial Reform ◽  
The Supreme Court ◽  
History Of ◽  
Law Making

The article studies the history of the origin and development of legal regulation of judicial law-making in Ukraine. The analysis of doctrinal ideas about judicial law- making, as well as the peculiarities of its formation in Ukraine, allowed us to emphasise that our scientific research is relevant because of: 1) the duration of the domestic judicial system and judicial reform, which dates back to the proclamation of Ukraine’s independence (1991) and continues to this day; 2) the ambiguity of the legal support for judicial law-making in Ukraine, the high level of its variability, and the uncertainty of the legal status of the subjects of judicial power in the mechanism of domestic law-making; 3) the doctrinal uncertainty of the place of judicial law-making in the domestic legal system, the ambiguity of its scientific perception, and the understanding of its function in the domestic mechanism of legal regulation. This paper analyses the provisions of the legislation of Ukraine in terms of legal support for forms and procedures of judicial law-making, the legal significance of judicial law-making acts, and their impact on administering justice in Ukraine. Particular attention is paid to the activities of the judiciary in the areas of law enforcement and law-making, the relationship and interaction of which requires strengthening in the current context of reforming the judicial system and the judiciary in Ukraine. The stages of development of the legal regulation of judicial law-making in Ukraine are revealed, the peculiarities of the legal support for judicial law-making are determined, and the content of the legal regulation of the mechanism of participation of the subjects of the judicial power of Ukraine in the national law-making is characterised. Analysis of the history of the legal regulation of judicial law-making in Ukraine and the current state of its legal provision allowed us to conclude that despite the scale of legislative changes in the legal support for the judicial system of Ukraine today, neither the Supreme Court, nor the Constitutional Court of Ukraine, nor any other court institution is recognised by the legislation of Ukraine as subjects of law-making. The legislation of Ukraine does not contain a clear definition of their status as the subject of law-making with the right to accept generally obligatory acts of this process. It is noted that such uncertainty significantly weakens both the legal support for the courts and their activities. At the same time, it is noted that as a result of the adoption of legislative acts within the judicial reform during 2014-2017, which are still in force today, the legislator has made a significant step towards recognising and consolidating the official status of judicial law-making, namely: 1) a number of legislative powers of the Supreme Court and the Constitutional Court of Ukraine were consolidated; 2) the legislative regulation of the stages of the law-making process by the Supreme Court and the Constitutional Court of Ukraine has been strengthened; 3) the legal consolidation of the status of law-making acts of the Supreme Court and the Constitutional Court of Ukraine has been improved.

scholarly journals Implikasi Putusan Mahkamah Konstitusi Terhadap Pembubaran Partai Politik Di Indonesia

2018 ◽  
Vol 4 (2) ◽  
pp. 227-239
Author(s):  
Hasir Budiman Ritonga
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Legal Status ◽  
Judicial Power ◽  
Constitutional Court ◽  
The Supreme Court ◽  
The Status ◽  
Party Members ◽  
The Republic

Judicial power in Indonesia under the 1945 Constitution of the Republic of Indonesia shall be exercised by the Supreme Court and the Constitutional Court. One of the authority of the Constitutional Court according to the 1945 Constitution of the Republic of Indonesia is to decide the dissolution of political parties. The facts in the current Indonesian system of ketatanegaran no cases of political parties that were dissolved through the decision of the Constitutional Court, it's just that the problem is when the Constitutional Court uses its authority to break the dissolution of political parties there are things that are formal juridically there is no clear rules, such as the legal status of party members who are not directly involved in the violation committed by the party and the status of party members who hold the position of members of the legislature both at the center and in the regions. So for that must be resolved by emphasizing the certainty, justice and benefit in the decision of the constitutional court

scholarly journals Principles of IP-Court Activity in Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 116-123
Author(s):  
S. V. Volovyk
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Freedom Of Speech ◽  
Judicial System ◽  
Administration Of Justice ◽  
The Supreme Court ◽  
Legal Document ◽  
Court Proceedings ◽  
The Right ◽  
Principle Of Legality

The principles of IP-court activity in Ukraine have been studied. It has been emphasized that the urgent issues currently are to review the existing approaches to reforming the judicial system of Ukraine, based on the gained experience of establishing specialized courts, defining principles as guidelines for the functioning of IP-court in Ukraine as the Higher Specialized Judicial System of Ukraine. The concept of “principles” and their classification have been defined. The author has noted the importance of international principles of court activity in Ukraine. The regulatory base of courts activity has been characterized, where the principles of functioning of courts and judges in Ukraine have been defined. The author has singled out such an international legal document as the Basic Principles of Judicial Agencies’ Independence, which enshrines the following principles of IP-court activity in Ukraine: the principle of judicial agencies’ independence; the principle of freedom of speech and associations; the principle of qualification, selection and training; the principle of professional secrecy and immunity. The category of “principles of IP-court activity in Ukraine” has been offered to understand as a set of guiding (fundamental) ideas, grounds, principles of operation and functioning of IP-court in Ukraine that ensure the proper administration of justice, respect for rights and fundamental freedoms during the trial and ensuring the right to a fair trial. The principles of the IP-court activity in Ukraine are as follows: 1) general and legal: the rule of law principle; the principle of observance of human rights and fundamental human and civil freedoms; the principle of legality; the principle of openness and transparency of court proceedings; the principle of political or other impartiality; the principle of reasonable terms; 2) special principles of IP-court activity in Ukraine: the principle of independence of judicial agencies; the principle of freedom of speech and associations; principle of qualification; the principle of professional secrecy. It has been concluded that enshrining the principles of operation and functioning of the Supreme Court on Intellectual Property Issues in the Law of Ukraine “On the Supreme Court on Intellectual Property Issues” will increase the efficiency of the judicial system of Ukraine and significantly affect the authority and prestige of IP-court in Ukraine.

CONSTITUTIONAL AND LEGAL STATUS OF THE SUPREME COURT AS A COURT OF LAW IN UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vasyl Khmyz ◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Professional Activity ◽  
Constitutional Court ◽  
Main Function ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Law ◽  
Grand Chamber

The article reveals the features of the constitutional and legal status of the Supreme Court as a court of law in Ukraine. It has been established that the constitutional and legal status of the Supreme Court is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges» and the Code of Administrative Procedure of Ukraine. Analysis of the legislation allows us to note that the Supreme Court is the highest court in the judicial system in Ukraine. The composition of the Supreme Court is formed by the Grand Chamber of the Supreme Court, the Administrative Cassation Court, the Criminal Cassation Court and the Civil Cassation Court. It has been established that the President of the Supreme Court is elected to office, and also dismissed from office based on the results of a secret ballot held by the Plenum of the Supreme Court. The constitutional and legal status of the Supreme Court makes it possible to single out such basic functions of the Supreme Court as: the function of administering justice, during which the Supreme Court acts as a court of cassation; the function of analyzing judicial statistics, as well as summarizing judicial practice; the function of providing conclusions on draft legislative acts directly related to the judicial system; the function of providing an opinion on the presence or absence of signs of committing high treason or other crime in the acts for which charges are brought against the President of Ukraine, for committing high treason or other crime; the function of providing appellate and local courts with proper methodological information on law enforcement issues, etc. It has been determined that the professional activity of the Supreme Court contributes to ensuring the observance of the principle of equality of all before the law and requires ensuring at the same time the achievement of the unity of judicial practice. It is noted that the prospects for further research in this direction are the study of the legal status of the Constitutional Court of Ukraine as a body of constitutional jurisdiction, the main function of which is to ensure the supremacy of the Constitution of Ukraine.

scholarly journals State Administrative Court as a Means to Realize Justice

2018 ◽  
Vol 54 ◽  
pp. 03007
Author(s):  
Weda Kupita
Keyword(s):  
Qualitative Methods ◽  
Supreme Court ◽  
Good Governance ◽  
The State ◽  
Judicial System ◽  
Judicial Power ◽  
State Administration ◽  
The Supreme Court ◽  
Judicial Authority ◽  
Laws And Regulations

The existence of 4 (four) kinds of judicial environment in the Judicial Authority in Indonesia, shows a judicial system adopted in Indonesia. the State Administration Judiciary is a apart of judicial power under the Supreme Court that examines cases relating to state administrative decisions. This article discusses the resolution of disputes as a result of the issuance of state administrative decisions in the state administrative court. This problem will be answered by using the legislation approach and case approach, with analysis using qualitative methods. To test a state administrative decision, a tool is needed to validate a state administrative decision. standard for testing the validity of the state administrative decisions in the examination at the state administrative court, are the laws and regulations and the general principles of good governance.

scholarly journals Commercializing the Digital Canvas

2014 ◽  
Vol 1 (4) ◽  
pp. 837-872
Author(s):  
Jon M. Garon
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Video Game ◽  
Video Art ◽  
Federal Courts ◽  
Visual Artists ◽  
The Supreme Court ◽  
Art Community ◽  
Definition Of ◽  
The Impact

Over the past two decades, a series of trends in constitutional and intellectual property have significantly reshaped the impact of traditional intellectual property laws for the art community. Attribution of a work to the artist and protection of the integrity of a work from alternation are historical bedrocks of artistic protections, but those protections have been diminished for digital artists. The Visual Artists Rights Act excludes digital works from the definition of works of visual art, thus excluding these works from rights of attribution and integrity. At the time, rights of attribution and integrity were seen as quasi-trademark rights, and artists were protected under the Lanham Act. Since then, however, the Supreme Court has extended copyright’s preemption over trademark, undermining an artist’s ability to have non-contractual protections for the artist’s identity and integrity in a work. In addition, a second trend within the digital environment has created additional tensions for artists whose works include celebrities, athletes, or other members of the public. The Supreme Court has made the clear determination that video games are entitled to complete First Amendment protection, placing those works in the same category as film, publishing, and works of art. Despite this free speech protection to the medium, a series of inconsistent decisions among state and federal courts have made unclear when the use of a person’s likeness in a video game—or video art instillation—would constitute a violation of the person’s rights of publicity.

La Cour Suprême et ses fonctions dans le système judiciaire polonaise

2019 ◽  
Vol 81 ◽  
pp. 103-122
Author(s):  
Walerian Sanetra
Keyword(s):  
Supreme Court ◽  
Functional Approach ◽  
Legal Order ◽  
Judicial System ◽  
Structural Approach ◽  
Judicial Power ◽  
Wide Range ◽  
The Supreme Court ◽  
Political Economic ◽  
Cultural Developments

The author asserts that the organization of judicial system in each country is a result of a long evolution triggered by political, economic, social and cultural developments. The Polish Supreme Court was created in 1917, but its current shape is an outcome of changes initiated in 1990s, most notably the entrance into force of the new Polish Constitution in 1997. The author analyses the notion of judicial power by juxtaposing a functional approach and a structural approach. Next, he remarks that the most important function of the Polish Supreme Court is to ensure the uniformity of jurisprudence by examining cassation complaints. Among other functions of the Supreme Court, the author enumerated examination of electoral protests, declaring the validity of elections of executive and legislative authorities, stating the validity of national referendums. The author emphasized that some specific duties of the Supreme Court are stipulated not only in the Constitution, but also in other legal acts. By presenting a wide range of attributes bestowed upon the Supreme Court, the author also invoked the duty of examining complaints against the excessive length of the proceedings, complaints for declaring a final judgment contrary to law, the appellate measures in disciplinary cases involving judges, prosecutors and legal advisors as well as appellate measures against the decisions of the National Judiciary Council. In addition to it, the author hinted at the Supreme Court’s obligation to control acts adopted by the authorities of self-governing bodies of attorneys, notaries, legal advisors and bailiffs. The author comes to the conclusion that the Supreme Court in Poland cannot be described as a typical cassation court. Although its principle role is to examine cassation complaints with a view to ensure uniformity of jurisprudence and its conformity with law, it also fulfils many other functions that are of great significance for the legal order in Poland.

scholarly journals Analisis Yuridis Putusan Pengadilan Agama Kediri Nomor 0457/Pdt.G /2016/PA. Kdr Tentang Perkara Ekonomi Syari’ah

2020 ◽  
Vol 2 (1) ◽  
pp. 47-73
Author(s):  
Evi Nurvita Sari ◽  
Imam Annas Mushlihin ◽  
Abdullah Taufik
Keyword(s):  
Supreme Court ◽  
Qualitative Approach ◽  
Judicial Power ◽  
Legal Counsel ◽  
Large Loss ◽  
Legal Documents ◽  
Legal Implications ◽  
The Supreme Court ◽  
The Republic ◽  
Case Number

Completion of the Syari'ah Economic case is the authority of the Religious Court as stated in Article 49 of Act Number 3 of 2006 concerning Judicial Power. This syari'ah economic case Number 0457 / Pdt.G / 2016 / PA.Kdr was submitted by a Syari'ah Bank customer who felt losing because collateral was auctioned by the Syari'ah Bank through the State Wealth and Auction Service Office (KPKNL). If the auction process is carried out, the customer as the Plaintiff will suffer a large loss. On this basis the plaintiff through his legal counsel filed a lawsuit to the Kediri Religious Court. This study used a qualitative approach with normative juridical analysis of the legal documents of the decision of the Kediri Religious Court. This thesis discusses how the basis of legal considerations, the claim of the plaintiffs was declared not accepted (niet ovankelijke verklaard) and the legal implications of the Decision of the Kediri Religious Court Number 0457 / Pdt.G / 2016 / PA.Kdr. The conclusion of the above writing is as follows: First, the basic legal considerations of the decision of the Kediri Religious Court Number 0457 / Pdt.G / 2016 / PA.Kdr are the Jurisprudence of the Supreme Court of the Republic of Indonesia Number 1149 / K / Sip / 1975 dated 17 April 1975 jo. Decision of the Supreme Court of the Republic of Indonesia Number 565 / K / Sip / 1973 dated August 21, 1973, jo. verdict of the Supreme Court of the Republic of Indonesia Number 1149 / K / Sip / 1979 dated April 7, 1979 which states that the object of the claim is unclear, the claim cannot be accepted (niet ovankelijke verklaard). Second, the legal implications of the verdict are final and binding, judicially the ruling causes harm to the plaintiff, besides the principal case is not decided, the plaintiff is also burdened with court fees. Keywords: Juridical Analysis, Decision of the Religious Court, Syari'ah Economy.

Issues of Commercial Jurisdiction in the Context of Courts Specialization in Ukraine

2019 ◽  
Vol 10 (3) ◽  
pp. 703
Author(s):  
Iryna BALIUK ◽  
Olga NAMIASENKO
Keyword(s):  
Supreme Court ◽  
Judicial System ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Civil Courts ◽  
The Relationship ◽  
Commercial Courts

The research deals with the study of such complex issues of commercial legal proceedings as the formation and development of the concept of specialization of courts, the relationship between the concepts of judicial specialization and jurisdiction, the conflict of jurisdiction of commercial and civil courts, commercial and administrative courts.The study also examines the issues of the formation of the judicial system of Ukraine and commercial courts in the judicial system of Ukraine, the problem of the formation of judicial practice and powers of the Supreme Court, and determines the causes of the conflict of jurisdiction. Criteria determining the jurisdiction of specialized courts are considered.

scholarly journals LEGAL REFORMS IN UKRAINE AND POLAND: COMMON AND DISTINCTIVE FEATURES

2018 ◽  
pp. 341-351
Author(s):  
Ольга Павлівна Рудницька
Keyword(s):  
Legal Status ◽  
Judicial System ◽  
The European Union ◽  
Distinctive Features ◽  
Legal Reforms ◽  
The Supreme Court ◽  
Specialized Courts ◽  
The Eu ◽  
New Jobs

The article investigates the processes of carrying out legal reforms in Ukraine and Poland, their comparative analysis is made. The author has studied Poland's experience in implementing legal reforms. It is found out that one of the most important factors influencing positive changes in this country is the separatedness of the Polish power from business. In addition, the fight against corruption has become one of the decisive factors for successful reforms. It is concluded that as a result of long-term reforms, in particular legal, Poland has become one of the most stable economies in Europe.It is determined that the creation of a civil society, the formation of Ukraine as a democratic, socially oriented, rule of law state, is impossible without legal reforms implementation. The author proves that Ukraine has made successful steps to bring up the national legislation closer to the EU legislation. It is stated that European integration for Ukraine is an opportunity to modernize the economy, attract foreign investments, overcome technological backwardness, create new jobs, increase the competitiveness of the domestic commodity producer, enter the world markets.The author has studied that the reform of the prosecutor's office is carried out in Ukraine and Poland at different legislative levels, which is related to a different legal status of these bodies. The reform of the judicial system of Ukraine is analysed, in particular, the transition to the tripartite system of courts, the formation of new higher specialized courts in the system of judicial system: the Supreme Court on Intellectual Property and the Supreme Anticorruption Court. The experience of the territorial communities functioning in Poland and Ukraine is studied, their main general and distinctive features are outlined.It is concluded that the legal reform in Ukraine should be conducted taking into account positive experience of the European Union countries, specifically, one of the closest western neighbors, Republic of Poland.

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