The need to improve the efficiency of the implementation of the tasks of the judiciary, which is associated with the improvement of evidentiary activities, the saving of procedural time, as well as the use of res judicata (also known as claim preclusion) in the process of proving, determines the relevance of the analysis of the use of res judicata in civil, economic and criminal proceedings in Ukraine. The purpose of the article is to study the legal category of ‘res judicata’ (claim preclusion), problems of the theory and practice of the application of claim preclusion and its use in the exercise of evidentiary activity in civil, economic and criminal process, as well as the study of the limits of the application of claim preclusion. The methodological base is comprised of such methods as the dialectical, the systematic analysis of legal norms, the comparative legal, and the logical-normative method. The study of the res judicata requires the implementation of mechanisms that ensure the impartiality of justice and the unity of the case law, providing analysis of the case law and common standards for the implementation of legal proceedings, the purpose of which is to protect the violated rights and freedoms of natural and legal persons, to improve the legislation in the direction of harmonization of normative-legal acts of national legislation with international standards.

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The processes of globalization (that have taken place over the last decades) have contributed too many transformations in legal processes. The same changes are being followed in legal development. Therefore, it is important to analyze the general theoretical aspects of legal development at the present stage. The purpose of this work is to study the general theoretical aspects of legal development. The object of the study is the general theoretical aspects of legal development. The subject of the study is the public relations that influence legal development, as well as the analysis of patterns and general theoretical aspects of such development. The research methodology consists of general theoretical and special scientific methods, namely: hermeneutic method, system-structural method, structural-functional method, historical-legal method, comparative - legal method, formal-logical methods (analysis and synthesis, induction and deduction, proof and refutation, comparison, generalization). As a result of the research, the general theoretical aspects of legal development are analyzed, the peculiarities of formation and existence of qualitative and quantitative changes in the legal sphere of public life are revealed, reflecting the level of legal development of an individual and community of people, the degree of perfection of forms of their legal communication and interaction.

The scientific research is devoted to the problematic issues of force majeure circumstances as the ground for release from the liability in the economic sphere. The aim of the article is to represent the main peculiarities of force majeure circumstances in the modern socio- economic conditions. The definition, features and specialties of application of force majeure clause are thoroughly studied. As well as that the division between force majeure and superior force circumstances is provided. The special attention is paid to the specifics of release from economic liability due to COVID-19. In the survey the authors analyse the possibilities of application of force majeure clause in the conditions of the world pandemic situation. The authors suggest an efficient algorithm of actions while conducting of economic activity in the conditions of force majeure circumstances. In the article it is highlighted that the terms of superior force and force majeure circumstances are not strictly defined in the legislation. However, this fact does not prevent to consider these events according to such their features as extraordinary and exceptional nature defined in the legal acts. While conducting the research following methods were used, namely the dialectical method, the method of systematic-structural analysis, comparative method, as well as other methods and scientific approaches. The results of the survey are of crucial importance for practice and theory as it provides deep understanding of the nature of force majeure circumstances. The research conclusions stipulate the main rules of application of force majeure clause while closing and execution of commercial contracts. The article provides the readers with the essence of force majeure circumstances, allowing scholars and practitioners to understand the particularities of force majeure circumstances in various situations, namely in the condition of COVID-19. As a result of this the survey becomes even more important as it may act as a legal guideline for participants of commercial relations facing the necessity of adapting and adjusting their economic activity to modern conditions.

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