-
Unconditional grounds for challenges to judges in criminal proceedings of Ukraine and ECtHR standards Access to Justice in Eastern Europe Pub Date : 2022-04-03 Oksana Kaluzhna,Marta Shevchuk
The proper resolution of applications for challenge (self-challenge) of a judge (investigative judge, court) is important for further criminal proceedings, as a judicial error in this matter may result in the violation of a person’s right to ‘lawful composition of the court’ or the right to defence, which is grounds for the cancellation of the court decision in the case and its referral to a new trial
-
Judicial Transparency: Towards Sustainable Development in Post-Soviet Civil Society Access to Justice in Eastern Europe Pub Date : 2022-04-03 Oksana Khotynska-Nor
The processes of transition to democracy that post-Soviet countries underwent in the early 1990s predetermined different directions for their further development. The author presents and proves the hypothesis that in the context of post-Soviet civil society, judicial transparency arose as a response to a social demand at a certain historical moment of crisis of public authority. The idea of transparency
-
Electronic evidence in proving crimes of drugs and psychotropic substances turnover Access to Justice in Eastern Europe Pub Date : 2022-04-03 Dmytro Golovin
Background: This article is prompted by the increasing levels of crime in the sphere of illicittrafficking in narcotic drugs, psychotropic substances, their analogues, or precursors usinginformation and telecommunication systems. The aim of the article is a comprehensiveanalysis of the problem of the use of electronic evidence in proving crimes of trafficking inthese substances.Methods: A number of
-
Participatory Enforcement of Judgments and other Enforceable Instruments: Best European Practices Access to Justice in Eastern Europe Pub Date : 2022-04-03 Remco Van Rhee
Mediation in the context of the enforcement of judgments and other enforceable documents should be distinguished from the broader and more general question of whether or not enforcement agents may serve as mediators. In Europe, there are some jurisdictions where enforcement agents may indeed serve as mediators. This does not necessarily mean that in these jurisdictions enforcement agents use mediation
-
The Right to a Fair Trial and the Right to a Fair Decision in Slovak Criminal Law Access to Justice in Eastern Europe Pub Date : 2022-03-11 Adrián Vaško,Jaroslav Ivor
Background: The right to a fair trial, resulting from international documents, the Constitution, and the legal order of the Slovak Republic, is confronted in terms of content with the requirement and reasonable expectation of fair decision-making in criminal proceedings. The paper seeks to define the concept of justice and its procedural and substantive aspects as the course but also as the result
-
European Small Claims Procedure: An Effective Process? A Proposal for an Online Platform Access to Justice in Eastern Europe Pub Date : 2022-03-11 Lurdes Varregoso Mesquita,Catia Marques Cebola
Background: Statistics concerning the use of the European Small Claims Procedure implemented by Regulation 861/2007 (as amended by Regulation 2015/2421) show that this mechanism has not been as successful as expected. When choosing between a domestic and a European instrument, the creditor most often opts for the domestic procedure. They avoid an instrument that is less well known, that they do not
-
Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine Access to Justice in Eastern Europe Pub Date : 2022-01-28 Tetiana Tsuvina,Tetiana Vakhonieva
Background: Although mediation is considered one of the most popular ways of consensual dispute resolution, for many years, mediation in Ukraine had no legislative regulation. This was one of the obstacles that restrained alternative dispute resolution (ADR) development in Ukraine, even though the mediation community had been growing. Eventually, the Law of Ukraine ‘On mediation’ was adopted on 16
-
International Standards of Juvenile Justice: Its Creation and Impact on Ukrainian Legislation Access to Justice in Eastern Europe Pub Date : 2022-01-28 Aisel Omarova
Background: The rights of the child have always been a focus of international organisations, including the United Nations. This is evidenced by the fact that in 1979 the UN Commission on Human Rights established a Working Group to draft a convention on the rights of the child, which from 1979 to 1989 worked on establishing a universal treaty for children around the world. Among other articles, members
-
Review of the book Implementation of the principle of the best interests of the child in mediation in matters concerning the exercise of parental authority and contacts, edited by Joanna Mucha Access to Justice in Eastern Europe Pub Date : 2022-01-28 Joanna Bodio
The monograph Implementation of the principle of the best interests of the child in mediation in matters concerning the exercise of parental authority and contacts, edited by Joanna Mucha is based on the thesis that in court proceedings in matters relating to a child and mediation in matters concerning the exercise of parental rights and contact with a child, the primary value to be protected should
-
ABOUT ISSUE 1 OF 2022 Access to Justice in Eastern Europe Pub Date : 2022-01-28 Iryna Izarova
This is the first issue of Access to Justice in Eastern Europe in 2022 and I am delighted to present our authors’ contributions. The research articles section opens with the article related to a very important practical issue in procedural law and the theory of law – the division of cases into easy ones and hard ones. It seems that the digitalisation of justice may significantly impact this division
-
Who is the Owner? Newly Discovered Circumstances and the Principle of Legal Certainty in a Single Case Study Access to Justice in Eastern Europe Pub Date : 2022-01-28 Ganna Urazova
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
-
The Rule of Law in the Legal Positions of the Constitutional Court of Ukraine Access to Justice in Eastern Europe Pub Date : 2022-01-28 Tetiana Slinko
Background: The Constitutional Court of Ukraine and courts of general jurisdiction play one of the main roles in the application of the rule of law. The article is devoted to the study of the constitutionalisation of the principle of the rule of law, as well as its constituent elements, in particular, the principle of legal certainty, proportionality, and direct action of the Constitution of Ukraine
-
Protecting the Fundamental Rights of the Child by Criminalising the Voluntary Incestuous Relations Access to Justice in Eastern Europe Pub Date : 2022-01-28 Teodor Manea,Cătălin Constantinescu-Mărunțel
Background: The notion that incest is an extremely widespread problem in contemporary society has been rejected by most of the scientific community until the last couple of decades. Therefore, legal professionals and national legislators have only recently begun to understand the need to act in order to prevent the long-lasting, harmful effects that such relations might have upon the participants.
-
Land Rights Disputes: Towards the Effective Protection of Rights, Freedoms, and Interest by the Administrative Courts of Ukraine Access to Justice in Eastern Europe Pub Date : 2022-01-28 Oleh Ilnytslyi,Ivan Boychenyk
Background: The choice of an effective and appropriate method of protection is one of the most important stages of legal proceedings because it determines the achievement of the proceedings’ goal. Procedural legislation and the practice of its application to unresolved issues have limited methods of protection in cases of the rights and interests of persons to land by courts of different jurisdictions
-
“Public Order” as Grounds for Refusal in the Recognition and Enforcement of a Decision in International Commercial Arbitration: Ukrainian Realities and International Experience Access to Justice in Eastern Europe Pub Date : 2022-01-28 Iryna Malinovska
Background: The question of recognition and enforcement of international commercial arbitration (ICA) decisions, as a prototype of a foreign court decision, finds radically opposite answers in different legal systems and in the doctrine of the ICA. Thus, in the Regulation of the Council (EU) 44/2001 of 22 December 2000 on the jurisdiction, recognition, and enforcement of judgments in civil and commercial
-
Judicial Specialisation Through the Prism of the Principle of a “Natural Court”: A Comparative Analysis Access to Justice in Eastern Europe Pub Date : 2022-01-28 Serhii Prylutskyi,Olha Strieltsova,Ilkin Nurullaiev
Background: In the current conditions of the intensive development of public relations and the complication of their legal regulation, more and more states are turning to the specialisation of the judiciary and judicial exercise. Thus, in Ukraine, it is established at the constitutional level that the judicial system in Ukraine is built on the principles of territoriality and specialisation, and higher
-
Legislative Development of Criminal Proceedings and Evidence in the Slovak Republic (1993-2021) Access to Justice in Eastern Europe Pub Date : 2022-01-03 Adrián Vaško
Background: In this article, the author focuses on the legislative development of criminal proceedings and evidence after the establishment of the Slovak Republic. This article pays special attention to the issue of evidence and means of proof. It also deals separately with the legal regulation of using information and technical means. It briefly suggests possible directions of development in the field
-
REASONABLENESS OF NOTARIAL ACTS AS A COMPONENT OF ENSURING STANDARDS OF LATIN NOTARIES: THE EXPERIENCE OF UKRAINE Access to Justice in Eastern Europe Pub Date : 2021-12-15 Victoria Barankova
Background: This article is devoted to the study of the rules of notarial acts, the observance of which ensures the reasonableness of notarial acts as exemplified by Ukraine as a state belonging to the countries with Latin notaries. At the same time, the standardisation of Latin notary standards in Ukrainian legislation is associated with certain problems that do not fully reveal the potential of the
-
Derivative Lawsuit in Ukraine: The Issue of Improving Legal Regulation Access to Justice in Eastern Europe Pub Date : 2021-12-15 Heorhii Smirnov
Background: Some jurisdictions provide for the right of members of a corporation to sue on its behalf and in its interests. This remedy is called ‘a derivative action’ (derivative lawsuit), and the right to file such a lawsuit is granted to a company’s members in case the wrongdoers are in its control, preventing the company from taking actions to protect its rights and interests – which is detrimental
-
Can We Make All Legal Norms into Legal Syllogisms and Why is That Important in Times of Artificial Intelligence? Access to Justice in Eastern Europe Pub Date : 2021-12-15 Goda Strikaitė-Latušinskaja
Background: The term ‘hard cases’ trace back to Herbert Lionel Adolphus Hart who was one of the first legal philosophers who directly used it in his works and Ronald Myles Dworkin to whom the development and establishment of this concept in legal language is linked. Even though these two legal philosophers in one of the most famous - The Hart–Dworkin – legal debate couldn’t agree on certain things
-
Economics of Criminal Proceedings in View of Procedural Principles Access to Justice in Eastern Europe Pub Date : 2021-12-15 Dobrosława Szumiło-Kulczycka
This article was written as part of the Costs of a Criminal Trial in View of an Economic Analysis of Law research project. Part one contains deliberations on the impact of economic factors on the regulations concerning the criminal procedure. One needs to answer the question of whether such factors should be considered as affecting the principles on the basis of which the model of the criminal trial
-
About Online First Articles and Academic Publishing Access to Justice in Eastern Europe Pub Date : 2021-11-27 Iryna Izarova
Online First Articles was made so that we could publish articles online before they appear in a print issue of AJEE. These articles are fully citable with a DOI, are available for our readers as soon as they are ready and are fully corrected and finalised versions. This way, we can spread knowledge with less delay and help our authors get their work noticed.Please enjoy this prompt, online access to
-
About Issue 4 of 2021 Access to Justice in Eastern Europe Pub Date : 2021-10-31 Iryna Izarova
This is the last issue of Access to Justice in Eastern Europe in 2021, a year of great expectations and challenges. A hybrid form of existence – online and offline – occupies our lives, and we face a completely new reality. At the same time, this year is a year of great achievements, which I am delighted to share. For me, it is also a great honour and delight to present this issue’s contributions and
-
The Validity, Effectiveness, and Enforceability of an Arbitration Agreement: Issues and Solutions Access to Justice in Eastern Europe Pub Date : 2021-10-31 Serhii Kravtsov,Nelli Golubeva
The main reason for dispute in international commercial arbitration is the existence of an arbitration agreement concluded between the parties to a foreign trade agreement. The procedure of dispute resolution in international commercial arbitration will depend on the extent to which this arbitration agreement is concluded correctly in accordance with the norms of international and national law. Quite
-
The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law Access to Justice in Eastern Europe Pub Date : 2021-10-31 Oleksandr Kliuiev,Оlena Agapova,Ella Simakova-Yefremian,Oleksandr Snigerov
In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application
-
The Struggle for Class Ranks and Prosecutor’s Dress during Ukrainian Independence: Historical, Legal, and Cultural Perspectives Access to Justice in Eastern Europe Pub Date : 2021-08-01 Oksana Kaluzhna
This article is devoted to the problem of confrontation between researchers about the dress of Ukrainian prosecutors and whether prosecutors should have class ranks (special ranks, equated to military ranks and providing bonuses to salaries). This confrontation has lasted for more than 10 years. Ukrainian MPs have proposedlegislative amendments to solve this problem, but the approaches of the proposals
-
Limits of a Judge’s Freedom of Expressing His/Her Own Opinion: The Ukrainian Context and ECtHR Practice Access to Justice in Eastern Europe Pub Date : 2021-08-01 Oksana Khotynska-Nor,Lidiia Moskvych
This paper examines the degree of permissible interference with a judge’s freedom of expressing his/her own opinion and convictions. A question is raised about the limits of a judge’s freedom of expression and discretion of the state in establishing his/her communicative behaviour, taking into account the established practice of theEuropean Court of Human Rights (hereinafter ECtHR, the Court). Understanding
-
About the Issue 3/2021 and the Evolution of Justice in Ukraine during the period of independence Access to Justice in Eastern Europe Pub Date : 2021-08-01 Iryna Izarova
This issue of Access to Justice in Eastern Europe consists of the collection of research articles focused on the evolution of justice in independent Ukraine. This year, we celebrate an outstanding event – 30 years ago, Ukraine became an independent state, and now, we have a great occasion to summarise some of our challenges and achievements. AJEE was finally fully indexed in Scopus, Elsevier, and,
-
Reforming the Legislation on the International Commercial Arbitration of Ukraine: Realities or Myths Access to Justice in Eastern Europe Pub Date : 2021-08-01 Yuriy Prytyka,Vyacheslav Komarov,Serhij Kravtsov
International commercial arbitration (ICA) is an alternative way to resolve foreign economic disputes. Initially, arbitration itself was seen as a neutral court in which the parties to the dispute were independent of national courts. Arbitration agreements and decisions must be recognised by national courts without anycomplications or review procedures.Although granting commercial parties some independence
-
Standards of Proof: A Comparative Overview from the Ukrainian Perspective Access to Justice in Eastern Europe Pub Date : 2021-04-29 Bohdan Karnaukh
The article addresses the issue of standards of proof from a comparative perspective. The author sketches the conventional distinction between common law and civil law countries in this regard, as well as some approaches that query the validity of the rigid division. The main purpose of the article is to characterise the Ukrainian approach to the standards of proof against the background of comparative
-
The Impact of the Human Rights Convention on the Development of the Administrative Judiciary of Ukraine Access to Justice in Eastern Europe Pub Date : 2021-03-01 Vyacheslav Komarov,Tetiana Tsuvina
The administration of justice on the basis of a fair trial is not an easy task, as both parties to the dispute are usually certain of their rightness, which they are trying to prove to the court. If one of these parties is a state or its bodies, the judiciary can become a dangerous tool to influence any process in society. Specific cases againstUkraine show that high-ranking officials of all periods
-
About the Special Issue on the Occasion of the 70th Anniversary of the European Convention on Human Rights Access to Justice in Eastern Europe Pub Date : 2021-03-01 Iryna Izarova,Serhij Kravtsov
There are seven contributors to the main research articles in this issue, a few research articles in this issue are devoted to the Ukrainian experience of applying the Convention. A few notes have been added to this issue due to their relevance to the Convention’s anniversary. In the last part of this note, the attention was drawn to the cover, where we have tried to illustrate the sense of the Convention
-
Ukrainian-English Translation of Legal Terms: Case Study of Insignificant Cases and Small Claims Access to Justice in Eastern Europe Pub Date : 2021-03-01 Iryna Izarova,Yuliia Baklazhenko
The article is devoted to the problem of translating legal terms from Ukrainian into English on the basis of a case study of a newly-coined term in Ukrainian legislation – ‘maloznachna sprava’. The relevance of the topic of legal translation from English into Ukrainian and vice versa has become especially acute in light ofthe Ukraine-EU approximation agreement. The author emphasises the necessity to
-
Novelization of Civil Procedural Legislation of Ukraine in Cassation Review: Panacea or Illusion? Access to Justice in Eastern Europe Pub Date : 2020-11-30 Oksana Uhrynovska
The article analyzes the novelties introduced to the civil procedural legislation in the cassation review. Cassation proceedings in Ukraine’s current civil proceedings engender apost-appellate court decision review, the content and purpose of which are to ensure civilproceeding implementation based on the latter principle application. The author evaluatescassation filters as a positive step in forming
-
Privatization of Civil Justice: Is it Undermining or Promoting the Rule of Law? Access to Justice in Eastern Europe Pub Date : 2020-04-23 Tatjana Zoroska Kamilovska
The crisis of civil justice system is present in many countries in the EU and worldwide and it takes different forms. In response, many different pathways are explored in order to overcome not only the growing sense of crisis, but also its manifestations. One of the suggested routes in the ongoing efforts to improve access to civil justice at the EU and national levels is the privatization of justice
-
Recent Developments in Polish Civil Procedure in the Field of Public Hearing Access to Justice in Eastern Europe Pub Date : 2020-04-23 Agnieszka Gołąb
The present paper deals with the possibility of passing judgments on the merit and procedural decisions at a court session held in camera. In order to assess the admissibility of this practice and its congruence with constitutional standards, the article presents the relevant case law of the European Court of Human Rights and the Polish Constitutional Tribunal. The paper discusses the issue of the
-
Towards Harmonised European Rules of Civil Procedure: Obligations of the Judge, the Parties and their Lawyers Access to Justice in Eastern Europe Pub Date : 2020-04-23 Cornelius Hendrik Remco van Rhee
This article explains in detail the rules on the obligations of the judge, the parties and their lawyers in civil litigation, prepared by a working group that was established within the context of a project on European Rules of Civil Procedure of the European Law Institute and UNIDROIT. These rules are grouped into several parts devoted to the overriding objective of the proposed rules, management
-
Finality of Judgments in Civil Cases and Related Considerations: The Experience of Ukraine and Lithuania Access to Justice in Eastern Europe Pub Date : 2019-12-23 Kostiantyn Gusarov, Viktor Terekhov
Finality of judgments is a concept that puts an end to the trial, prohibiting subsequent appeals, opening of new proceedings and disputing clearly established facts. Despite being promoted by the Council of Europe and its Court of Human Rights and familiar to most if not all states, its application still encounters misunderstanding in some Eastern European Countries. Deeply rooted ideas of substantive