LAWYER AS A SUBJECT OF PROFESSIONAL LEGAL AID IN CIVIL PROCEDURE OF UKRAINE

The revised version of the Civil Procedure Code of Ukraine was a consequence of the implementation of ideas on the unification of civil procedures. Now the Code of Administrative Procedure of Ukraine, the Economic Procedure Code of Ukraine have largely received an identical structure with the Civil Procedure Code of Ukraine. It is noteworthy that the aforementioned legislative acts have adopted a unified approach by the legislator, which has been enshrined in the Constitution of Ukraine, regarding the implementation of the so-called “advocate monopoly” in providing legal assistance to the participants of a muzzle considered by a court. “Advocate monopoly” was not perceived unambiguously in legal science. The approaches to this phenomenon are described in the article. Particularly it is noted a change in the positions of the subjects of the legislative initiative regarding the change of wearing and the legislative consolidation of the “advocate monopoly” in the direction of its restriction. Some ideas are assessed, which are set out in the draft Law of Ukraine No. 1013 “On Amending the Constitution of Ukraine (Regarding the Abolition of the Lawyer Monopoly)” dated 29 August 2019. Conclusions are given regarding the possible consequences if legislative novelties come into force that are proposed in the draft Law of Ukraine No. 1013 “On Amending the Constitution of Ukraine (Regarding the Abolition of the Lawyer Monopoly)” dated 29 August 2019. It is alleged that the abolition of the so-called “advocate monopoly” will positively affect the development of free law help in Ukraine. The author offers to provide new provisions to the content of the Civil Procedure Code of Ukraine, which will address in more detail the issue of participation of representatives in civil procedure.

Uncovering the Politics of Class Actions

This chapter offers a deeper look into reforms in England and Wales. It describes the technical language of class actions as civil procedures that uncover the politics and economic interests involved in reform processes. It reviews debates over class action that have been divided along ideological lines, with conservative forces and corporate lobbies seeking to restrict the expansion and delimit the purview of the legal vehicle and progressive forces seeking to introduce and expand their scope. The chapter examines the redistributive feature of class actions and their effectiveness in vindicating the rights of harmed people against largely corporate misbehaviour on a mass scale. It discusses the political and economic interests that have animated discourse and reforms, including the ways in which such interests have perpetuated misconceptions and misinformation about class actions.

SEVENTIETH ANNIVERSARY OF PRC CIVIL PROCEDURE LEGISLATION

In this article, the author examines the history of the development of legislation on civil proceedings over 70 years since the formation of the New PRC. The article analyzes the historical prerequisites for the adoption of the CPC of the PRC, describes the features of the development of legislation on civil procedures in different periods, and also reveals the connection between the evolution of legislation on civil procedures and the development of social life in China. Achievements and successes achieved in civil procedure legislation, prospects for the development of Chinese civil procedure legislation are summarized. In particular, in the study, the author emphasizes that at present, artificial intelligence is widely used in all aspects of people’s daily life, including in the judicial sphere. On the one hand, artificial intelligence contributes to improving the efficiency, fairness and speed of justice, and on the other hand, numerous disputes related to Internet transactions and human rights violations on the Internet are inevitably associated with the use of artificial intelligence in the process of legal proceedings in the collection, verification or certification of evidence. Another finding is that citizens are increasingly advocating that the state guarantees their legal rights and interests. The process of democratization and the rule of law at the global level also exerted significant pressure on the judiciary, which led to a very active development of the civil procedure system in China for a further long period.

The Jurisprudential Maxim (Translator’s Statement is Absolutely Accepted) Between Islamic Law and Civil Procedures Law in the Sultanate of Oman And Contemporary Applications: القاعدة الفقهية: (يُقبل قول المترجم مطلقا) دراسة مقارنة بين الفقه الإسلامي وقانون الإجراءات المدنية والتجارية في سلطنة عمان

This research aims at clarifying the significance of and studying and establishing the jurisprudential maxims, especially those related to the judiciary so that they help judges in their work, muftis in their understanding and students in their memorization. The maxim of (Translator’s Statement is Absolutely Accepted) is a great maxim since it represents a principle in the judicial ruling. This research is a new addition to the comparative jurisprudential literature, an approach between Islamic jurisprudence and contemporary law, and a manifestation of the greatness of Islamic Sharia that cares for all aspects of life. This research is divided into two subjects: First: the definition of terms such as maxim, jurisprudence and law in three sections. Second: the explanation and establishment of the maxim and the legal status in four sections, as well as the judicial applications. The researcher concludes the study with the most important results, that of the jurisprudential maxims combine different issues in simple eloquent phrases, and that the procedures law has noble Sharia purposes, represented in caring for the interests of people and achieving the highest meanings of integrity and justice. The Islamic jurisprudence pays attention to the maxims of the rules of procedures more than the positive laws do. The law considers the Islamic Jurisprudence regarding the translator issue, unless in oath-taking. Translators shall be fair, familiar with both languages, and accepts a single statement. Among the most important recommendations: the provisions of jurisprudential maxims shall be contained in bills, and the judges shall consider the maxim in all filed cases. In addition, education courses should be held for translators so that they know the procedures of the progress of cases in courts, and the criticality of accuracy.

Legal and historical overview of the protection of possession in Serbian law

The subject of this analysis are the mechanisms of possession according to the Serbian Civil Code and the Code of Civil Procedure from 1929, during the period between 1844 and 1941. The development of the protection of possession during this period is mostly reflected in the fact that possession in the Principality of Serbia and the Kingdom of Serbia was protected, first of all, by means of criminal justice, while in the Kingdom of Yugoslavia, this role was played by civil law. Although possession and its protection in the Principality of Serbia and the Kingdom of Serbia were also regulated by civil-law norms, the people were still relying on the criminal justice system to get protection. Beside the many ambiguities in the Serbian Civil Code related to it, the protection of possession was not regulated separately from standard civil procedures in the Code of Civil Procedure from 1865. Thus, only when the Yugoslav Code of Civil Procedure went into effect did possession get proper, civil-law protection on the territory of Serbia.

SPECIAL AND ADDITIONAL TAXES FOR URBAN POPULATION IN THE SOUTH OF UKRAINE IN 1870–1917s

The study examines the peculiarities of taxation for urban population in the South of Ukraine in 1870–1917s, within the administrative and territorial structure. The introduction of the basic materials starts with the implementation of the City reform in 1870 in the Southern Ukrainian towns which determined main principles of decentralized self-government. Main attention of the paper is paid to the special and additional taxes for urban population, because they were not a subject of special researches on urban topics, but still they had an impact on a city community and activities of town self-government structures. 16 taxes from the list of all the taxes paid by urban population were compulsory and 20 taxes were referred to special ones making approximately a half of the budget of each town in total. The most important special and additional taxes for urban population were the following: charges for trade and industrial documents and patents; for tavern business; special taxes for entrepreneurs; for all merchant and industrial certificates and cards on trade and industrial objects; for different patents on factories producing beverages and spirit or wine products; charges for certificates in justice courts; taxes on horses; notarial charge; customs charges and taxes on civil procedures; charges for auction sales of movable property; half-kopeck charges; anchor charges; taxes on entertainments; taxes on the theatre and others. Finally, the paper draws conclusions about the peculiarities of taxation of urban population in the South of Ukraine in the 1870–1917s. It presents calculations showing that additional and special taxes for urban population made it possible for local budgets to make almost half of their profits. The study makes proposals on further research on a similar topic.

ESTUDIO SOBRE TUTELA DECLARATIVA CIVIL ESPECIAL EN EL SISTEMA PROCESAL ESPAÑOL. ¿NECESIDAD O IMPERICIA LEGISLATIVA?

This work reflects on the huge disposal of instruments of special civil procedures in spanish law, debating if this politic is justified or it is an exaggeration whose origin comes form de legislator icapacity to handle coherently and sytamitacly this subject