( U=347.91/.95 )

РУБ DOI: 10.37635/jnalsu.27(4).2020.161-171

Аннотация: This study investigates the practice of application of the special civil proceedings, in particular the recognition of the fact of birth or death of an individual in the temporarily occupied territory of Ukraine. The study analyses certain regulations and legislative changes adopted to protect the rights and subjects of legal relations in connection with the armed aggression of the Russian Federation, committed to violate the sovereignty and territorial integrity of Ukraine, which is considered relevant to this subject. Attention is drawn to the difficulties of proving this fact, the specific features of the procedure for consideration of cases of this category, the subjective composition of procedural legal relations and the consequences of the entry into force of a court decision. In addition, the category of cases considered in the study is described by specific rules of jurisdiction. The purpose of the study is to analyse the practice of applying the rules of civil procedural law in cases of the specified categories. In this regard, attention is drawn to the application of the so-called Namibian Exception, developed in connection with the need to provide evidence related to their issuance in the temporarily occupied territories of the state. Therefore, the methods used to achieve the purpose of the study are conditioned by the need for scientific cognition of the described phenomena. Therefore, in preparing the study, a comparative legal method of legal regulation was used, which lies in a comparative analysis of the negative consequences of social and legal phenomena associated with armed aggression against Ukraine and other states, including the Republic of Cyprus. Hermeneutic interpretation was used to represent the legal provisions of other states. An analytical-synthetic approach was also used, which involves analysis and synthesis, in particular parametric synthesis. It lies in substantiation of necessity and sufficiency of set of indicators. The results and recommendations of the author include proposals for legislative consolidation of the specific features of consideration of civil cases by courts related to the protection of legal relations that have arisen (exist) in the temporarily occupied territory of Ukraine, and for improvement of the proof of certain legal relations.

Текст - 0 байт

Zhuravel, V. A..
Evidence-based medicine as patient's protection measure in judicial practice [Текст] / V. A. Zhuravel, G. K. Avdeeva, M. O. Sokolenko // Wiadomosci lekarskie. - 2020. - Vol. 73, Iss. 12, cz. 2. - P. 2795-2803
Перевод заглавия: Доказова медицина як захід захисту пацієнта у судовій практиці

УДК

РУБ DOI: 10.36740/WLek202012216

Аннотация: OBJECTIVE: The aim: To identify the role of evidence-based medicine, its principles and approaches to patients' rights protection and the provision of medical service optimization, the skills of medical staff improvement, increasing the objectivity of court decisions in cases of non-providing quality care or death. PATIENTS AND METHODS: Materials and methods: The authors used the decisions by the European Court of Human Rights (ECtHR) on the statements of victims of unprofessional actions by doctors, international and domestic regulations on patients' rights, statistics on the results of criminal proceedings on violations of patients' rights over the past 5 years, case law of criminal and civil jurisdiction in this category of cases, the results of surveys of prosecutors, as well as the results of research by scientists in the field of medical law and criminalistics. The research is carried out on the basis of a harmonious combination of philosophical approaches, general scientific and special methods of scientific knowledge, the complex of which is chosen taking into account the goals and objectives, object and subject of research. CONCLUSION: Conclusions: In order to implement the patients' rights by legal means in accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Charter of Patients' Rights and other international regulations in the field of medicine, the authors argue the need for greater implementation of evidence-based medicine into the practice of medical institutions as a means of improving the level of medical care and an obvious source of relevant information for litigation to protect the rights of patients and doctors. For patients' rights protection in the diagnosis and treatment of diseases, it is proposed to regulate a set of such measures: 1) to include in the educational programs of pharmacy and medicine such disciplines as «Evidence-Based Medicine» and «Rights of the patient and medical worker's rights»; 2) to oblige the doctor to explain to the patient or to his/her representative the differences of treatment protocols, to provide information to patients about official sources, which contain information on unified and updated treatment protocols and diagnosis of certain diseases, to obtain informed consent by the patient (his/her representative) on certain medical guideline; 3) to recognize medical guidelines as sources of law in criminal and civil proceedings as a kind of benchmarks for clarifying and assessing the facts of non-performance or improper performance of professional duties by a medical or pharmaceutical worker, violation of patients' rights, as well as means for doctors' legal protection and etc.

Текст - 0 байт

Urazova, G. .
Who is the Owner? Newly Discovered Circumstances and the Principle of Legal Certainty in a Single Case Study [Текст] / G. Urazova, V. Yanyshen, L. Baranova // Access to Justice in Eastern Europe. - 2022. - Vol. 5 [не зазначено у Web of Science], Iss. 1 (13). - P. 193-202
Перевод заглавия: Хто власник? Нововиявлені обставини і принцип правової визначеності на одному прикладі

УДК

РУБ DOI10.33327/AJEE-18-5.1-n000105

Аннотация: Background: The protection of property rights is one of the cornerstones of legal order. If we were uncertain whether ownership would be protected from claims or whether contract obligations would be executed properly, we could not regulate relations effectively. Courts play a crucial role in this mechanism of protecting the owner's rights, giving parties possibilities for defence. This note is related to one of the last judgments of the European Court of Human Rights (ECtHR), the focus of which is on newly discovered circumstances and the principle of legal certainty. The facts of this case arose from a property sale contract with a condition, the validity of which led to the consideration of multiple cases by different Ukrainian courts. Methods: In light of the above, an analysis of this ECtHR judgment, as well as the final and interim decisions of Ukrainian courts, with regard to Ukrainian legislation and case law was prepared. The main challenge was the absence of the oldest decisions of national courts in the state register of court decisions, which contains only decisions from 2011. Even so, the facts of this case were described in detail in the latest courts decisions. Results and Conclusions: The following analysis provides an argument against reopening procedure without proper grounds, which lead to the violation of the right to a fair trial in civil procedure in Ukraine.

Текст - 0 байт

,
Текст - 0 байт

Izarova, I. .
About ELI-Unidroit rules adoption and translation into ukrainian [Текст] / I. Izarova, T. Komarova, Y. Baklazhenko // Access to Justice in Eastern Europe. - 2021. - Vol. 4, Iss. 3. - P. 205-208
Перевод заглавия: Про прийняття та переклад на українську мову правил ELI-Unidroit

УДК

РУБ DOI: 10.33327/AJEE-18-4.3-n000080

Аннотация: The Model European Rules of Civil Procedure prepared by the European Law Institute with the International Institute for the Unification of Private Law during 2013-2021 have a great potential impact on the harmonisation of civil procedure and have attracted the attention of scholars from all over the world. For Ukraine, as well as for other EU entrance candidate countries, these Rules are an opportunity to harmonise the national civil process with EU law and create the necessary basis for the adaptation of European law and EU membership. In view of this, the preparation of their official translation into Ukrainian, which will be carried out is a relevant issue. To properly implement this task, a scientific council has been formed, which includes leading Ukrainian scientists and specialists in the field of civil procedure. Moreover, in order to methodologically support the translation process, ensure terminological consistency and uniformity, a terminological English-Ukrainian glossary of Model Rules of Civil Procedure is being compiled in parallel with the translation process. Establishing methodological basis of translation and careful choosing sources of reference is another important condition for quality translation. See more about Ukrainian translation of the Rules in this note.

Текст - 0 байт

Tsuvina, T. .
The implementation of consensual tenet in modern civil procedure: an european approach of court-related amicable dispute resolution procedures [Текст] / T. Tsuvina, S. Ferz, A. Tvaronavičienė, P. Riener // Access to Justice in Eastern Europe. - 2023. - Vol. 6. Iss. 1 (18). - P. 198-224. - References : p. 221-224
Перевод заглавия: Реалізація консенсуального принципу в сучасному цивільному процесі: європейський підхід до судових процедур дружнього вирішення спорів

УДК

РУБ DOI: 10.33327/AJEE-18-6.1-a000124

Аннотация: Background: This article explores the global changes in the orientation of civil procedure from competitive and adversarial towards more cooperative and consensual models. It aims to identify the reflection of mentioned tendencies in the valid legal regulation and practice of modern civil procedure. The consensual tenet in the civil process is analysed from the perspective of civil procedure goals, settlement principle, and case management as an effective tool for implementing the latter in practice. The authors explore the court-related amicable dispute resolution procedures to see the similarities and differences. Methods: Research commenced with a review of the existing scientific literature, a brief historical analysis, and a document analysis concerning changes in civil procedure orientation towards less competitive and more cooperation-grounded resolution of civil disputes. This research was followed by the comparative study of court-related amicable dispute resolution procedures with examples in particular legal jurisdictions like Austria, Lithuania, and Ukraine. Results and Conclusions: Vital changes in the perception of civil procedure regarding the widely accepted need to foster settlements in civil disputes, and an analysis of the most commonly used procedures as court conciliation and court mediation, were presented in this paper. The authors distinguish and analyse three court-related amicable dispute resolution procedures – conciliation, mediation, and the amicable conciliation process, emphasising their peculiarities and features. This research assists dispute resolution practitioners and researchers interested in better understanding how different court-related amicable dispute resolution procedures can be implemented in legal regulation and practice.

Текст - 0 байт

,
Scopus - 0 байт

Sereda, O. .
New steps of digitalisation of civil justice in Ukraine [Електронний ресурс] / O. Sereda, V. Mamnitskyi, P. Kornieva, I. Cherevatenko // Access to Justice in Eastern Europe. - 2024. - Vol. 7 [не вказано у Web of Science], iss. 1. - P. 416-426. - References : p. 424-425
Перевод заглавия: Нові кроки діджиталізації цивільного судочинства в Україні

УДК

РУБ DOI: 10.33327/AJEE-18-7.1-n000118

Аннотация: Background: The emergence of virtual space and digital technologies is a natural consequence of the scientific and technical progress of humankind. Currently, digital technologies are actively used in the field of law, particularly within the judiciary. Therefore, the development of e-courts is a response to modern challenges. This paper is devoted to the issue of the evolution of digitalisation in civil justice; specifically, it examines the development and regulatory regulation of the use of electronic courts (e-courts) in civil proceedings. It elucidates the peculiarities and difficulties of using the electronic court to combat bureaucracy in civil proceedings. Furthermore, the paper explores the key elements of e-justice and assesses the possibility of implementing electronic lawsuits in Ukraine's courts. It also delineates the peculiarities of employing electronic means of proof in civil proceedings. Moreover, the paper clarifi es the possibility of conducting court hearings online using platforms such as Meet and Zoom, drawing insights from the practices of other countries. Additionally, it compares the American Pacer system with the Ukrainian analogue, the "Electronic Court", as one of the ways to access case materials via the Internet. Lastly, the paper outlines the practice of the Supreme Court regarding the use of electronic subpoenas and the advantages of the electronic form. Methods: An analysis of judicial practice and positions of the Supreme Court regarding individual elements of e-justice and the legality of their application was carried out. Also, special attention was paid to the practice of other countries regarding their use of electronic courts and the possibility of similar proceedings in Ukraine. Results and Conclusions: Based on the analysis, the authors concluded regarding the further improvement of the electronic court system in civil proceedings. Conclusions highlighted the advantages of digitalisation in the civil justice system.

Текст - 0 байт

,
Текст - 0 байт

,
Web of Science - 0 байт

,
Scopus - 0 байт