Human dignity has become a central legal concept throughout the world and is increasingly used in judicial decisions in many countries that do not include it in their national legislation. However, due to the acknowledged vagueness of the concept, academics and judges have identified many difficulties in its implementation and the specific challenges it poses to the rule of law. Consequently, from a documentary methodology this article tries to develop and propose, from the analysis of different philosophical approaches to the definition of human dignity, a series of principles that can be applied in judicial decisions to achieve a deep common understanding of the usefulness of human dignity and, at the same time, tries to solve problems that are now widely recognized, both by supporters and critics of the judicial use of this concept. It is concluded that the concept of human dignity must have a decisive influence on the formation, not only of substantive law but also of procedural law. It must become a criterion for the need for measures to prevent the abuse of procedural rights, the distortion of justice and the deliberate evasion of its main task.
This article is aimed at an analysis of the implementation of civil justice in the conditions of martial law, taking into account features that may arise in view of the temporary occupation, the conduct of active combat action, and the restoring of court activities as a result of de-occupation. For full awareness and understanding of the subject of our research, considerable attention was paid to some legislative acts, which make it possible to understand the essence of the changes that were made as a result of a full-scale war and the need to adapt legislation to wartime conditions. In addition, during the study, this problem was analyzed in the context of Article 6 of the European Convention on Human Rights and it was emphasized that all emergency changes that may be made should not violate the right to a trial provided by this convention. The article analyzes the correlation between the concepts of procedural law analogy and "adjustment" of current procedural norms to new realities. Considering the fact that there is no analogy in the process at the legislative level, the recommendations given by the Council of Judges of Ukraine regarding the adaptation of the current procedural norms can be perceived as an analogy, in view of this, the question of the correlation of these legal aspects was analyzed. During the research, considerable attention was paid to the change of territorial jurisdiction due to the conduct of combat action and the impossibility of functioning of the courts. The procedure, order and features of such changes are analyzed. The article examined the principles of civil justice and the importance of their observance during the implementation of civil justice in the conditions of martial law. The principles of "procedural economy" and the reasonableness of terms significantly contribute to increasing the efficiency and effectiveness of court activities.
In the article, the authors reveal a topical issue in the field of civil procedural law, which concerns the abuse of civil procedural rights. Abuse of procedural rights is a significant obstacle to the administration of effective justice. The current level of regulation is in fact unsatisfactory. The correct definition of the criteria for the possible recognition by the court of the exercise by a party of procedural rights as an abuse is of great importance for the application of measures of procedural coercion. In general, to define the action as an abuse of rights, we should talk about a number of specific features: the exercise of the right against its purpose and its exercise outside the permitted limits. From which it can be argued that abuse can be both a specific action and inaction in the form of unjustified failure to perform a specific procedural duty. The question of the limits of the use of rights is more in line with the question of the proportionality of the procedural action and decision. According to part 2 of Art. 44 of the Civil Procedural Code of Ukraine established such a sign of abuse of rights as a contradiction of the principles of civil procedure. That is, an abuse of rights may be an act aimed at preventing a fair, impartial and timely consideration and resolution of cases, effective protection of rights or interests in accordance with part 1 of Art. 2 of the Civil Procedural Code of Ukraine. The authors of this article also analyze aspects of the concept of abuse of civil procedural rights. The problematic aspect is that the general tools of court authorization of abuse of rights (except of deprivation of the opportunity to take procedural action): warning, removal from the courtroom, temporary seizure of evidence for trial, reason, fine, seems questionable. Thus, the authors analyzed the theory, legislation and case law (including the case law of the European Court of Human Rights) on the abuse of procedural rights; systematized the available information and conceptually rethought the mechanism for preventing and authorizing the abuse of procedural rights. They also offered their vision of solving the problem.
Using a documentary methodology close to the dialectical method, the objective of the article is to analyze the judicial reforms in Ukraine. Citizen belief in peace, justice and strong institutions is a challenge not only for Eastern Europe, where trust in state bodies has always been low. Meanwhile, the ongoing reforms of the judiciary aim to achieve a significant result using specific methods such as: the purging of judges. After the so-called “revolution of dignity” forceful discussions began on the purification process in Ukraine. For the first time, this question was raised in the early 90s of the last century. Unfortunately, the relevant legislative projects did not even reach the congress of Ukraine. It is concluded that Ukraine is currently experiencing its third attempt to initiate a judicial purge process. Unlike the first two, the third is apparently more productive. This is since a special law was passed, and the "government purification" procedure was started. finally, questions such as what is lustration and in what types does it manifest itself are discussed? How is this phenomenon related to the processes of systemic transformation?
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