Reform of Civil Justice in Ukraine: A Differentiation of Action Proceedings and Review of Court Decisions

Izarova, Iryna

doi:10.15388/teise.2019.111.14

Cited by 3 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Disrespect for human dignity through the use of offensive words towards the court or participants in the process, in accordance with the procedural legislation of Ukraine (Izarova, 2019), is a manifestation of abuse of procedural rights (Rozhnov, 2020). Thus, in the decision from 13.03.2019 (case № 199/6713/14-c), the Grand Chamber of the Supreme Court draws attention to the fact that the use of obscene language, abusive words or symbols by court participants and their representatives in documents submitted to the court and in communication with the court (judges), other participants in the process and their representatives, as well as the commission of similar actions is a manifestation of obvious disrespect for the honor, dignity of these persons by those who commit such acts.…”

Section: Application Of the Concept Of "Human Dignity" In The Judicial Practice Of Ukrainementioning

confidence: 99%

Judicial Protection of a Human Dignity Right

Mamnitskyi¹,

Cherevatenko²,

Horban

2021

Cuest. Pol.

View full text Add to dashboard Cite

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.

show abstract

Section: Application Of the Concept Of "Human Dignity" In The Judicial Practice Of Ukrainementioning

confidence: 99%

Judicial Protection of a Human Dignity Right

Mamnitskyi¹,

Cherevatenko²,

Horban

2021

Cuest. Pol.

View full text Add to dashboard Cite

show abstract

“…The same refers to judges, if we consider lustration as a type of responsibility; when the 'Euromaidan' protests took place, judges did not know that their decisions, delivered in relation to these events, would be subjected to review. On the other hand, the circumstance of an acute social conflict cannot excuse a judge from ignoring such constitutional values as the rule of law, fair justice, basic human rights and neglecting his/ her major duty to maintain a balance of public and private interests and accurately apply procedural codes (Izarova, 2019). Therefore, the lustration restrictions that were launched upon judges, 'within the application of all of the existing disciplinary proceedings and the procedure of dismissing a judge for breaches of the judicial oath,', are not contrary to the rule of law principle 'as a democratic state is entitled to require civil servants to be loyal to the constitutional principles on which it is founded.'…”

Section: Is Lustration a Type Of Responsibility?mentioning

confidence: 99%

Judicial reforms in Ukraine: polishing procedures and their systemic role

2021

View full text Add to dashboard Cite

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?

show abstract

Legal procedure in roman law and its reflection in modern civil procedure

et al. 2021

View full text Add to dashboard Cite

Tremendous efforts of legislators are directed towards the development of an ideal judicial system and procedure of administering justice. However, current trends of judiciary reformation are easier to comprehend and accept if we turn to the origins of legal protection of human rights which, undoubtedly, go back to the Roman law. Methodology: From this point we use comparing methods for analizing the legislative provisions; the structural method and historical method was used for the background of Legal procedure in roman law. Results and conclusions: In this article we will outline the main stages of formation of legal protection of human rights in Roman law and characterize types of these processes – namely legis actiones, formulary procedure and cognitio. By analyzing the original sources that have survived to our times, namely the Law of Twelve Tables, Gaius`s Institutions and Justinian`s Digestes, we will examine what peculiarities of consideration and resolution of cases each of these stages demonstrated; how the traditional views on the behavior of the parties and the court in the process were established; which main requirements were applied to justice in civil matters in Roman law. The course of the work the following methods were used: essential, comparative, general historical.

show abstract

Reform of Civil Justice in Ukraine: A Differentiation of Action Proceedings and Review of Court Decisions

Cited by 3 publications

References 0 publications

Judicial Protection of a Human Dignity Right

Judicial Protection of a Human Dignity Right

Judicial reforms in Ukraine: polishing procedures and their systemic role

Legal procedure in roman law and its reflection in modern civil procedure

Contact Info

Product

Resources

About