scholarly journals Justice in Commercial Matters: History of Development and Novelties of Ukrainian Reform

2018 ◽  
Vol 1 (1) ◽  
pp. 35-61
Keyword(s):  
Case Management ◽  
Judicial Reform ◽  
Commercial Arbitration ◽  
Basic Principles ◽  
History Of Development ◽  
Written Form ◽  
History Of ◽  
The Law ◽  
Procedural Rights ◽  
Commercial Courts

The judicial system of commercial (arbitration) courts of Ukraine has undergone a difficult path of formation and approval. An active process of creating the system of arbitration courts in Ukraine began in 1991, with the adoption by the Verkhovna Rada of Ukraine of the Law of Ukraine ‘On the Arbitration Court’. This law defined the prerogatives of the arbitration court as one of the branches of the judiciary designed to administer justice in commercial relations. The main peculiarity of the arbitration court as a part of the judiciary was its specialization. Today we are the witnesses of the final stage of the reform of commercial courts and commercial justice as a whole within the adoption of the Law of Ukraine ‘On the Judiciary and Status of Judges’ in 2016. Within current judicial reform in Ukraine, not only the organization of the courts itself, but also the procedure for reviewing commercial cases has changed. The main novels of commercial justice, analysed in this paper, are the following: reflection of the main purpose of the CPC and the basic principles, among which there are new ones: proportionality and case management; more complete implementation of the principles of publicity and openness, etc.; introduction of electronic justice; differentiation of proceedings; determining the written statements of the participants of the case and the written form of the proceedings; improvement of the procedure of proof in the case, as well as distribution of court costs in the case, taking into account the main elements of case management and the need to ensure the principle of cooperation between the court and the parties in the case; as well as the prevention of confusion with procedural rights in the process and the settlement of a dispute with the participation of a judge. Keywords: commercial justice, main purpose of the CPC, proportionality, case management, publicity and openness

scholarly journals LEGISLASI HUKUM ISLAM DI KERAJAAN DEMAK (Studi Naskah Serat Angger-Angger Suryangalam dan Serat Suryangalam)

1970 ◽  
Vol 5 (1) ◽  
pp. 97-108
Author(s):  
Naili Anafah
Keyword(s):  
Colonial Period ◽  
Law System ◽  
History Of Development ◽  
History Of ◽  
History Of Law ◽  
Frame Work ◽  
The Law

Learning the history of law and establishment and also the changing of legislation regulation in pre-colonial period is an interesting thing and hoped to be able to give input for the experts of Indonesia law in the frame work of rearrangement Indonesia law system. We will get description how the type of legislation regulation which prevails in Indonesia before Dutch held invention of law when Dutch was colonizing Indonesia. This article will find various guidelines to the understanding that the literature of java is and important source for the history of development islam law in Indonesia.The writer will examine the manuscript of law which was created in Demak kingdom period, that was serat angger-angger and suryangalam and serat suryagalam. This article will discuss how the setting of sosio cultural and the politics of Demak kingdom as the place which was what forms the background of appearing the manuscript of serat angger-angger. The writer finds the law principles in serat angger-angger suryangalam and serat suryagalam

scholarly journals The first stages of formation communication means in Khorezm

2019 ◽  
Vol 2 (5) ◽  
pp. 98-100
Author(s):  
Yusupov Izzat Sultanovich
Keyword(s):  
Geographical Location ◽  
Postal Service ◽  
Communication Service ◽  
Ancient History ◽  
Fast Running ◽  
History Of Development ◽  
Written Form ◽  
History Of ◽  
Development Processes ◽  
Ancient Times

In this article, there was highlighted the appearance and formation of communication service in human history, especially, in Khorezm the history of development of communication system dates back to early ancient. Appearance, formation and development processes of it in Khorezm oasis covers several thousand years. In the early periods, the population of the oasis had to use various ways to satisfy their requirements of communicating and relating with each other. It is necessary to emphasize that the geographical location of the oasis also was of great importance in the appearance and peculiar development of communication service in ancient times, together with the ancient history of communications with nomadic tribes in indoor and outdoor territories and states. Because the needs of rulers for the information about the situation in dependent territories always increased after the formation of slave-owning society. The beginning of paying attention to the development of controlling the system of sending and receiving messages and organizing special systems is a process continuously connected with the emergence of writings and there appeared opportunities of sending messages and information in written form because of letters. One of the ancient communication objects, postal service was an object of sending decrees and messages and it was organized in the oasis as state system in the 5th and 4th centuries B.C.. As a result there was organized postal service along caravan roads. There was left information that news bearers and ambassadors of kings were provided with food and fast-running horses in special stops on the ways and they had their peculiar costume and order (payza) approving their profession and position. Those stops were the reason for the rise of communication to a new stage together with serving as a place where tar couriers rest and change their horses.   

GENERAL LEGAL ESSENCE OF THE DOCTRINE OF POISONED TREE FRUIT AS A MAIN ASPECT IN THE INSTITUTE'S SYSTEM OF ADMISSIBILITY OF EVIDENCE

2018 ◽  
Author(s):  
Larysa Bayrachna ◽  
◽  
Yurii Burdai ◽  
Keyword(s):  
Human Rights ◽  
Procedural Law ◽  
National Courts ◽  
History Of Development ◽  
Legal Literature ◽  
European Court ◽  
The Supreme Court ◽  
Tree Fruit ◽  
History Of ◽  
The Law

The article presents a critical analysis of the doctrine of "poisoned tree" through the prism of its interpretation by the European Court of Human Rights, scientific and practical approach to its formation by the case law of Ukrainian national courts, in particular, but not limited to, the Supreme Court. Given the requirements of current procedural legislation of Ukraine. An overview of the basic standards and aspects of the standard established by the institute of admissibility of evidence in their entirety and individually. The institute of admissibility of evidence has a long history of development. To date, the inadmissibility of evidence obtained in violation of procedural law is enshrined at the European judicial level in such judgments of the European Court of Human Rights as Gefgen v. Germany, Teixeira de Castro v. Portugal, and Sabelnik v. Ukraine. against Ukraine", "Nechyporuk and Yonkalo against Ukraine", "Yaremenko against Ukraine". This requirement for the admissibility of evidence is formulated in the above-mentioned Decisions quite succinctly and clearly, and is currently the subject of its implementation in both the law-making system and the law enforcement system. In the legal literature, there is still a discussion about the doctrine of "poisoned tree fruit", which is directly related to the recognition of derivatives of evidence obtained in violation of Ukrainian law - inadmissible. In the course of the study, uncertainty was found that the implementation of this doctrine is necessary only when the violation of the conditions of admissibility calls into question the reliability of the evidence. Therefore, it is necessary to determine whether there is a dependence of the admissibility and reliability of the evidence or the "fruits of the poisoned tree" appear under other conditions, when the evidence is declared inadmissible, regardless of this impact on the reliability.

The Law "Land Reform" of 1990 as a milestone in the history of development of land relations and land management in Russia

2020 ◽  
pp. 18-24
Author(s):  
V.N. Khlystun
Keyword(s):  
Economic Analysis ◽  
Land Management ◽  
Land Reform ◽  
Subsequent Development ◽  
History Of Development ◽  
Current State ◽  
Land Relations ◽  
History Of ◽  
The Law

The article provides a historical and economic analysis of the RSFSR law «Land reform» adopted in November of 1990, determines its impact of the subsequent development of land relations in Russia and assesses their current state.

15. The civil process

2020 ◽  
pp. 554-604
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included and the Woolf and Jackson Reports are discussed. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

1 The History of Arbitration in Russia

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Seventeenth Century ◽  
Free Will ◽  
Civil Law ◽  
Civil Procedure ◽  
The Other ◽  
Judicial Reform ◽  
Commercial Arbitration ◽  
Bolshevik Revolution ◽  
History Of

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.

scholarly journals Islamic Art and Language as a Source of Inspiration Leading to Traditional Arabic Calligraphy Art

2019 ◽  
Vol 6 (3) ◽  
pp. 33-45
Author(s):  
Duaa Mohammed Alashari ◽  
Abd.Rahman Hamzah ◽  
Nurazmallail Marni
Keyword(s):  
Arabic Language ◽  
Islamic Art ◽  
Sources Of Information ◽  
Language And Culture ◽  
History Of Development ◽  
Starting Point ◽  
Written Form ◽  
History Of ◽  
The Aesthetic ◽  
Arabic Calligraphy

The Islamic art has developed from different kind of visual art. Arabic calligraphy is one of the most prominent arts starting from the revolution of the Quran and has a long history. This paper will help to provide some sources of information that can be used by people who would like to understand and study the Islamic calligraphy and Islamic art. Also, this paper is connecting the Arabic language to universal spirituality and express how Arabic calligraphy has become a prominent feature in Islamic world. Indeed, this paper provides a brief of the long history of Islamic calligraphy, explains about some of various of Arabic fonts style, and some important Quranic colour that has significant in the Islamic culture. Arabic calligraphy, which is also known as Islamic calligraphy, has a long history of development starting from the first written form of the Quran, in the early 7th century. The Arabic calligraphy art presents how to understand and appreciate its varied styles and modes. Calligraphers start creating their art by using some passages from the Quran or Arabic poems as a starting point then they develop their compositions in a complex and intricate piece of art by the overlap of Arabic letter and words that integrate. Arabic calligraphy is about movement, rhythm and dynamism as seen through the calligraphic marks in most mosques or Islamic building or Islamic calligraphy painting. Islamic calligraphy presents the aspect of aesthetic principles and demonstrate the love for Arabic language and culture with the aesthetic methods of traditional Arabic art.

scholarly journals Basic principles in the enforcement procedure in the Law of Republic of Srpska

2020 ◽  
Vol 17 (2) ◽  
pp. 109-124
Author(s):  
Darko Božić
Keyword(s):  
Basic Principles ◽  
Written Form ◽  
The Law ◽  
The Republic

This paper presents an analysis of the basic principles on the law on enforcement procedure in the Republic of Srpska. In this context, the paper contains the following principles: principle constitutionality and legality, principle of disposition and official proceeding, principle of urgency and efficiency, right to be heard, principle of protection of the debtor, principle of formal legality, principle of time priority, principle of availability of data of the property of the debtor, principle of written form, principle of orality, principle of immediacy, principle of publicity. The aim of the paper is to show through the basic principles that there are significant differences in the range of solutions in relation to the previous legislation.

15. The civil process

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

International commercial arbitration in Uzbekistan: current state and development prospects

2020 ◽  
Vol 3 (12) ◽  
pp. 47-49
Author(s):  
Ziyoda Boratova
Keyword(s):  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Legal Proceedings ◽  
Current State ◽  
History Of ◽  
Recognition And Enforcement ◽  
The Law ◽  
The Republic ◽  
Development Prospects ◽  
Commercial Disputes

This article is devoted to a number of issues relating to the functioning of international commercial arbitration as a non-State mechanism for the settlement of international commercial disputes in the Republic of Uzbekistan. In article also found a brief introduction on the history of arbitration in Uzbekistan since its independence. Special attention is paid to the rules introduced since the entry into force of the Law of the Republic of Uzbekistan “On international commercial arbitration”. Moreover, the author highlights some problematic issues and inconsistencies that exist in the legislation on legal proceedings in arbitration courts. The author also addresses several issues regarding the recognition and enforcement of arbitral awards.

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