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Berchenko, H. .
    Judicial interpretation as informal constitutional changes: questions of legitimacy in the aspect of the doctrine of constituent power [Електронний ресурс] / H. Berchenko // Access to Justice in Eastern Europe. - 2024. - Vol. 7, iss. 2. - P. 39-62. - DOI: https://doi.org/10.33327/AJEE-18-7.2-a000203 . - ISSN 2663-0575. - ISSN 2663-0583
   Перевод заглавия: Судове тлумачення як неформальні конституційні зміни: питання легітимності в аспекті доктрини установчої влади

УДК

342.56

342.4(477)

Аннотация: Abstract Background: Stability is considered a traditional legal value, particularly in relation to the stability of the constitution. This emphasis on stability stems from the need to protect the text of the constitution from frequent and unreasonable changes. However, stability must be combined with dynamism, a task primarily shouldered by the judicial branch of power through constitutional interpretation. Notably, ideas of judicial rule-making and the notion of a living/invisible constitution are only some manifestations of such a phenomenon as informal changes to the constitution. Yet, the potential risks posed by judicial intervention and the legitimacy concerns surrounding such informal changes warrant scrutiny. What is the correlation of informal constitutional changes through interpretation with the traditional doctrine of sovereign constituent power? What should be the limit of the interpretation of the constitution so that such an interpretation is not recognised as abusive? These and other issues are the focal point of research in the article. Methods: The following methods were used to research the main approaches to informal changes to the constitution. The system-structural method was used to characterise the concept of a living and invisible constitution and varieties of informal constitutional changes and to establish the relationship between these concepts. The logical-legal method made it possible to find out the content of the positions of scientists regarding the potential violation of the boundaries of interpretation of the constitution by the courts, as well as arguments for and against the legitimacy of judicial interpretation, an assessment of informal changes in the constitution from the standpoint of modern views on the doctrine of constituent power. Additionally, the comparative method was employed to study the experience of foreign countries in terms of the characterisation of binding interpretation. Results and Conclusions: The study analyses the current state of the concept of informal changes to the constitution through judicial interpretation, its connection with the doctrine of constituent power, as well as the question of the legitimacy of such an interpretation and its limits. The primary conclusion is that judicial activity guarantees the protection of the material constitution, principles and human rights. That is, the judiciary does not allow sovereign decisions made democratically (by the people) to infringe on human rights. Thus, the text of the constitution is interpreted in a conformal way to individual rights. Questions about the role of the judiciary, the possibility of informal changes to the constitution, and judicial law-making as such can be an indicator for distinguishing between authoritarian/totalitarian countries and democratic ones.

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Ovcharenko, O. .
    Judge lustration in Ukraine: national insights and european implications [Текст] / O. Ovcharenko, T. Podorozhna // Access to justice in Eastern Europe. - 2020. - Issue: 4. - P. 226-245
   Перевод заглавия: Люстрация судьи в Украине: национальные идеи и европейские последствия

УДК

342.56

343.11

ББК Х629.01
РУБ DOI: 10.33327/AJEE-18-3.4-a000037

Аннотация: This article primarily focuses on the Ukrainian judge lustration, analysed from diverse aspects. Ukraine's legal lustration framework engenders two legal acts- the Law On Restoring Trust into Judicial Power in Ukraine (2014) and the law On Purification of Government (2014). Social feedback on adopting these Laws, their key objectives, provided instruments and efficiency issues are discussed. This research particularly scrutinises the fundamental European lustration standards, referencing a few European countries' experiences: Albania, Bosnia and Herzegovina, Poland. Deep insight into national lustration procedures is given, considering the European Court of Human Rights' relevant rulings and the Ukrainian Constitution's provisions. Remarks on whether all lustration laws comply with the Ukrainian Constitution are offered. Addressing the High Council of Justice's precedents, a judicial body entitled to verify the judges' lustration results, an in-depth empirical analysis of those procedural results are provided. Overall, Ukrainian lustration embodies a unique phenomenon due to strong social demand formalized in specially designed regulation.

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Teremetskyi, V. .
    Access to Justice and Legal Aid for Vulnerable Groups: New Challenges Caused by the Covid-19 Pandemic [Текст] / V. Teremetskyi, Y. Duliba, O. Drozdova, L. Zhukovska, O. Sivash, I. Dziuba // Journal of Legal, Ethical and Regulatory Issues. - 2021. - Vol. 24, Spec. Iss. 1. - P. 1-11
   Перевод заглавия: Доступ до правосуддя та правової допомоги для вразливих груп населення: нові виклики, викликані пандемією COVID-19

УДК

342.56

Аннотация: The unprecedented impact of the COVID-19 pandemic on the realization of human rights has disproportionately affected vulnerable groups and created a global gap injustice, a gap in human rights from discrimination and poverty in access to social protection and basic services, insufficient or no access to justice, lack of access to justice. Legal aid. This article deals with current issues of access to justice and legal aid for the vulnerable during thepandemic of COVID-19. It is concluded that no country will be able to ensure the implementation of goal 16.3 of the United Nations Sustainable Development Goals on 2030 on equal access to justice for all until has not focused on closing the global justice gap, increasing access to justice, providing legal aid to the most vulnerable groups. For the implementation of the policy of access to justice for vulnerable states must have a different approach to justice – a people-centered approach to justice that puts consideration of the individual at the heart of justice responses by providing access to information, programs and policies. Ensuring equal access to justice, access to legal aid, an increased level of legal awareness among vulnerable groups, and a vibrant strong civil society, that contribute to access to justice, are key criteria for ensuring access to justice for vulnerable people. Providing equal access to justice through access to legal aid is key to ensuring access to justice in any state. Today it is important to overcome barriers to access to justice, such as the digital barrier, barriers related to financial costs, complexity, lack of information and access to services, and lack of access to legal aid or representation. States should be effective, must guarantee credible commitment, support coordination, and promote cooperation. States, justice systems must collaborate with public organizations and civil society to address the root causes of disputes and avert violence, conflict, and human rights abuses.

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