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.
Стаття присвячена дослідженню предмета доказування у справах щодо захисту сімейних прав та інтересів дитини. З урахуванням аналізу норм національного законодавства, основних доктринальних підходів та правозастосовної практики, визначено і проаналізовано предмет доказування у справах про визначення місця проживання дитини, про позбавлення батьківських прав, про визнання та оспорювання батьківства.
In today's society, paradigms and models of child-rearing, values, and opportunities of parents, competent authorities, and the court to ensure the rights of the child are changing. Most states have identified the protection of family rights and interests of the child, the avoidance of violence against the child, the prohibition of bullying, etc. among the priority areas of state policy. It is important to analyze the constitutional principles of protection of family rights and the concept “the best interests of the child” in civil proceedings, because it is the court that the legislator has the broadest powers in this area, compared to other jurisdictions. The work aims to study the guiding constitutional principles based on which the court can protect the family rights and interests of the child. The research methodology consists of general theoretical and special scientific methods, namely: hermeneutic, system-structural, structural-functional, historical-legal, comparative-legal, and formal-logical. As a result of the study, the mechanisms of the best possible protection of children's rights by the courts were analyzed. An analysis of current case law, including the case-law of the European Court of Human Rights, concluded that today courts and other competent bodies pay considerable attention to analyzing "how a child will be better" and make informed decisions and, if necessary, correct previous mistakes.
Domestic violence as a socially dangerous phenomenon poses a great threat to the proper functioning of the family. Protecting vulnerable populations from domestic violence and cruelty is an influential area of state action, and despite its importance, even highly developed democratic and legal states are unable to eliminate domestic violence. The work aims to study modern prevention methods and effective ways to protect against domestic violence, including social, legal, economic, medical and other aspects. The research methodology consists of methods, such as: historical-legal and comparative-legal; formal and logical; empirical; cognitive; analogy method; questionnaires; and program-target. The study summarized the recommendations that are necessary to further improve international cooperation and implement useful tools for such cooperation. As a result of the investigation, the authors concluded that in order to effectively combat intra-family violence, it is necessary to adopt regulations that promote collaboration in the fight against intra-family violence and carry out extensive educational work among the population, to combat impunity and violence. and insecurityin people's thinking.
The topical issues of introduction of novelties and changes to the civil procedural legislation of Ukraine regarding judicial evidence in civil proceedings have been studied. Having carried out an analysis of the legislation and the existing views of scientists, the characteristic features of judicial evidence were established and the concept of judi-cial evidence in the civil process of Ukraine was improved, which constitutes the mental and procedural activity of the subjects of evidence (the court, participants in the case, representatives), which is regulated by the norms of civil procedural and material law and aimed at establishing the circumstances (facts) that are important for the decision of the case, and which consists of the collection, presentation, research and evaluation of judicial evidence.It is argued that not all subjects of civil procedural legal relations are subjects of evidence in civil proceedings. Subjects of evidence in civil proceedings must include such subjects of civil procedural legal relations as: the court, participants in the case, representatives. It has been proven that other participants in the trial cannot be the subjects of evidence, as they have no legal interest in the results of the case, they are involved by the court to facilitate the correct and timely consideration and resolution of civil cases, and they also do not take any actions related to evidence.The means of proof in civil proceedings have been specified, the content of the concept of electronic evidence as a means of proof has been analyzed and disclosed, and its main features have been singled out. It has been established that a document as written evidence and an electronic document are different in their content, form, order of presentation, etc. It is proposed to renew in the norms of civil procedural legislation such a means of proof as explanations of parties, third parties and their representatives.Issues related to the evaluation of evidence and such features as the reliability and sufficiency of the evidence were studied. The main standards of proof «balance of probabilities» are described. It was concluded that the standard of proof «balance of probabilities» is used both in judicial practice and in the science of civil procedural law, but in fact there is no understanding of the essence of the standard of proof, its nature, nor are they analyzed how it should be applied and the consequences of its application.Theoretically based proposals on improving the current civil procedural legislation of Ukraine on the researched topic have been formulated.
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