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.

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 Siberian Polonia in the second half of the 19th - early 20th century in the Polish historiography

2018 ◽  
Vol 8 (1) ◽  
pp. 11-20
Author(s):  
Vladimir Shaidurov
Keyword(s):  
20Th Century ◽  
Rural Areas ◽  
Historical Memory ◽  
Economic Life ◽  
Early 20Th Century ◽  
Late 20Th Century ◽  
Revolutionary Movement ◽  
Long Time ◽  
History Of ◽  
The Russian Empire

The period between the 19th – early 20th century witnessed waves of actively forming Polish communities in Russia’s rural areas. A major factor that contributed to the process was the repressive policy by the Russian Empire towards those involved in the Polish national liberation and revolutionary movement. Large communities were founded in Siberia, the Volga region, Caucasus, and European North of Russia (Arkhangelsk). One of the largest communities emerged in Siberia. By the early 20th century, the Polonia in the region consisted of tens of thousands of people. The Polish population was engaged in Siberia’s economic life and was an important stakeholder in business. Among the most well-known Polish-Siberian entrepreneurs was Alfons Poklewski-Koziell who was called the “Vodka King of Siberia” by his contemporaries. Poles, who returned from Siberian exile and penal labor, left recollections of their staying in Siberia or notes on the region starting already from the middle of the 19th century. It was this literature that was the main source of information about the life of the Siberian full for a long time. Exile undoubtedly became a significant factor that was responsible for Russia’s negative image in the historical memory of Poles. This was reflected in publications based on the martyrological approach in the Polish historiography. Glorification of the struggle of Poles to restore their statehood was a central standpoint adopted not only in memoirs, but also in scientific studies that appeared the second half of the 19th – early 20th century. The martyrological approach dominated the Polish historiography until 1970s. It was not until the late 20th century that serious scientific research started utilizing the civilizational approach, which broke the mold of the Polish historical science. This is currently a leading approach. This enables us to objectively reconstruct the history of the Siberian Polonia in the imperial period of the Russian history. The article is intended to analyze publications by Polish authors on the history of the Polish community in Siberia the 19th – early 20th century. It focuses on memoirs and research works, which had an impact on the reconstruction of the Siberian Polonia’s history. The paper is written using the retrospective, genetic, and comparative methods.re.

NEW CLASSIFICATION OF PRINCIPLES OF CIVIL PROCEDURE

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Амир Ахметович Мужахаев ◽  
Аминат Аслановна Солтамурадова
Keyword(s):  
Civil Procedure ◽  
New Classification ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Key Factor ◽  
The Subject ◽  
The Right

В представленной статье кратко раскрывается смысл понятия такого явления, как принцип гражданского процессуального права, а также дана классификация принципов, уже существующих и утвердившихся в теории гражданского процесса. Авторы работы предприняли попытку разработать новую классификацию принципов гражданского судопроизводства, отличную от общепринятой, в которой ключевым фактором выступает субъект, которому эти принципы адресованы по своему содержанию. По результатам проведенного исследования выделены субъекты, которым адресованы действия этих принципов: адресованные только суду; адресованные только лицам, участвующим в деле; - адресованные всем субъектам гражданского судопроизводства в целом (общие). Можно вполне обосновано сказать, что новая классификация принципов гражданского процесса, в зависимости от субъекта имеет право на существование. The presented article briefly reveals the meaning of the concept of such a phenomenon as the principle of civil procedural law, and also gives a classification of the principles that already exist and are established in the theory of civil procedure. The authors of the work attempted to develop a new classification of the principles of civil proceedings, different from the generally accepted one, in which the key factor is the subject to whom these principles are addressed in their content. According to the results of the study, the subjects to whom the actions of these principles are addressed: addressed only to the court; addressed only to persons participating in the case; - addressed to all subjects of civil proceedings in general (general). It can be reasonably said that the new classification of the principles of civil procedure, depending on the subject, has the right to exist.

4. Overriding Objective and Human Rights

2021 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2019 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2020 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

scholarly journals MODERN MYTHS OF HISTORY OF PEDAGOGICS

2014 ◽  
Vol 6 (3) ◽  
pp. 43-58
Author(s):  
Sergei Teleshov ◽  
Elena Teleshova
Keyword(s):  
Teacher Training ◽  
Key Words ◽  
Russian Empire ◽  
Teacher Training College ◽  
Russian State ◽  
State Pedagogical ◽  
Unique Material ◽  
History Of ◽  
The Russian Empire ◽  
The Right

The unique material returning us to the history of a question on possible primogenitors of the Russian State Pedagogical University, the long years, was a smithy of the best teacher's staff of the Russian empire and then the USSR is offered to attention of readers. Whether it is lawful to adhere only to one version of the occurrence of the pedagogical university? The reader can find some answers to an asked question in an offered material. And all of them, probably, have the right to existence. Scientific researchers are guided first of all by the facts (the facts, as speak, a stubborn thing). However, the facts powerless before politicians who interpret history randomly. Nevertheless, we insist that the history of pedagogical university, began in 1903 with the creation of Women's teacher training college. Key words: history of pedagogy, Educational House, teacher's seminary, pedagogical college, pedagogical university.

scholarly journals O processo civil no estado constitucional e seus reflexos nas ações de improbidade administrativa

2019 ◽  
Vol 278 (1) ◽  
Author(s):  
Luís Renato Vedovato ◽  
Thiago Henrique Teles Lopes
Keyword(s):  
Civil Procedure ◽  
Third Parties ◽  
Judicial Decision ◽  
Rational Structure ◽  
Cooperative Model ◽  
Civil Process ◽  
Procedural Law ◽  
Constitutional State ◽  
Equal Importance ◽  
De Se

<p>Civil procedure in a constitutional state and its reflexes in administrative misconduct actions</p><p> </p><p>O objeto da pesquisa é analisar a estrutura lógica-racional estabelecida na Lei de Improbidade Administrativa, com ênfase na avaliação dos impactos de normas fundamentais, consagradas no novo CPC, na ação de improbidade administrativa, além da aplicabilidade do regime de revelia à ação de improbidade administrativa, o princípio da congruência e a ciência e a manifestação prévia das partes a fim de se evitar decisão surpresa. A Lei de Improbidade Administrativa (Lei no 8.429/1992), entre outros mecanismos legislativos, instituiu um sistema normativo que visa sancionar a prática de condutas ímprobas pelos agentes públicos e terceiros a eles aderentes. Com tal finalidade, essa sistematização criou a ação de improbidade administrativa de natureza cível (entendimento adotado no presente trabalho). Consequentemente, as alterações promovidas no direito processual civil, principalmente em virtude de sua nova fase metodológica (processo civil no Estado Constitucional), que se baseia num modelo cooperativo, trouxeram diversos reflexos nas ações de improbidade administrativa, tanto em seu modelo de constatação para a formação da convicção judicial quanto em alguns aspectos processuais de igual relevância. O método utilizado é o dedutivo e o procedimento é a investigação bibliográfica e documental, legislativa e jurisprudencial.</p><p> </p><p>The aim of this paper is to analyze the logical-rational structure established in the Administrative Misconduct Law, with emphasis on its procedural model of evidence and the legislative reflexes irradiated. The Act of Administrative Misconduct (n. 8.429/1992), among other legislative mechanisms, established a normative system that aims to punish the practice of misconduct conduct by public agents and third parties. For this purpose, the systematization created the action of administrative misconduct with civil nature (understanding adopted in the present paper). Consequently, the changes promoted in civil procedural law, mainly due to its new methodological phase (civil process in the Constitutional State), which is based on a cooperative model, brought several reflexes in the actions of administrative misconduct, both in its model of verification for the judicial conviction, and in some procedural aspects of equal importance. The method used is the deductive and the procedure is the bibliographical and documentary, legislative and judicial decision investigation.</p>

scholarly journals Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court

2020 ◽  
Vol 6 (1) ◽  
pp. 36
Author(s):  
Mirza Satria Buana
Keyword(s):  
Judicial Review ◽  
Review Process ◽  
The Political ◽  
Constitutional Court ◽  
Court Decisions ◽  
Main Argument ◽  
Policy Decisions ◽  
Political Arena ◽  
History Of

The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in the political arena. The Court helps with addressing moral predicaments and influencing the products of the legislature. This paper discusses the shifting of the legal-politico paradigm, particularly relating to judicial leadership of the Court because this significantly affects the role of the Court in the political arena. The history of the establishment of the Court’s authority in judicial review is explored through a stylised analysis of the actions of two early Chief Justices. This paper also examines two Court decisions which illustrated the Court’s authority on judicial review because they demonstrated the importance of policy-driven decisions and judicial restraint. The main argument of this work is that it is hard to categorize the legal-politico actions of the Indonesian Court into either legalism or instrumentalism. Often, the Court synthesises the two. The legal-politico paradigm is a dynamic one. The most feasible model of the Indonesian Constitutional Court is that of a Principled Instrumentalist Court, where policy decisions guide the formation of legislation according to constitutional values, but the judges maintain prudential self-restraint.

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