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Journal articles on the topic 'Appeals in civil proceedings'
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1
BORISOVA, E. A. "EVIDENCE IN APPEALS IN CIVIL PROCEEDINGS." Herald of Civil Procedure 9, no. 1 (2019): 140–56. http://dx.doi.org/10.24031/2226-0781-2019-9-1-140-156.
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Bodio, Joanna. "System środków zaskarżenia w polskim cywilnym postępowaniu procesowym i egzekucyjnym (od dawnego do obecnego Kodeksu postępowania cywilnego)." Przegląd Prawa Egzekucyjnego 2024, no. 2 (2024): 99–151. http://dx.doi.org/10.62627/ppe.2024.014.
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In civil proceedings, the system of appeals has evolved many times over the years, from a three-instance model to a two-instance model. Numerous changes to the Code of Civil Procedure and the introduction of new means of appeal raise the question whether, in the current legal situation, it is even possible to talk about a ”system” of appeals in discovery and enforcement proceedings. The author answers this question by analyzing models of systems and types of appeals from a historical perspective – from Code of Civil Procedure of 1930/1932 to the present day.
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Kamieński, Grzegorz. "Środki odwoławcze w postępowaniu egzekucyjnym – wnioski de lege lata i de lege ferenda." Przegląd Prawa Egzekucyjnego 2022, no. 11 (2022): 4–22. http://dx.doi.org/10.62627/ppe.2022.041.
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The participants of the enforcement proceedings are entitled to legal means to verify the decisions of the enforcement authorities. The decisions of enforcement bodies are verified primarily by ordinary means of appeal, which include a complaint. As a result of the amendment made pursuant to art. 1 of the Act of 4 July 2019 amending the Code of Civil Procedure and certain other acts (Journal of Laws of 2019, item 1469), in enforcement proceedings we are dealing with a horizontal complaint. The author analyzes the issue in question, postulating a statutory amendment, so that appeals in enforcement proceedings (as well as in other procedural and non-litigious proceedings) are recognized by higher courts. Keywords: a complaint, the Code of Civil Procedure, enforcement proceedings, appeals
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JIMBEI, Ina. "Examination of the merits in the court of appeal." Revista naţională de drept 7-9(225-227) (September 15, 2019): 117–22. https://doi.org/10.5281/zenodo.3593071.
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Like in the court proceedings in the first instance, the court proceedings in the appeal are also divided into phases: initiation of the appeal proceeding (art.365/1 CPC), preparing the case for examination of the merits (art.370 CPC) and the examination of the merits in the court of appeal (art.376 - CP 389). The examination of the merits is regulated by art. 376-389 CPC. In accordance with art.376 CPC, the procedural provisions regarding the trial of civil cases in the first instance also apply in the court of appeal insofar as they are not contrary to the provisions of the chapter that regulates appeal. In order to have a prompt and more efficient appeal procedure, we consider that the legislator has to intervene in the provisions that regulate the phase of examination of the merits so that the procedure for examining the appeal is in line with the concept of appeal as a control procedure and with the international tendencies.
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Andrews, N. H. "A NEW SYSTEM OF CIVIL APPEALS AND A NEW SET OF PROBLEMS." Cambridge Law Journal 59, no. 3 (2000): 421–71. http://dx.doi.org/10.1017/s0008197300350206.
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THE decision itself in Tanfern Ltd. v. Cameron-MacDonald [2000] 1 W.L.R. 1311 (C.A.) hardly merits attention (held: the court lacked jurisdiction to hear the instant appeal). But Brooke L.J.’s judgment, endorsed by his colleagues, contains an analysis of the new system of civil appeals which took effect on 2 May 2000. He rightly describes these as “the most significant changes in the arrangements for appeals in civil proceedings in this country for over 125 years”.
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Usich, Liliya. "The value, concept and essence of appeal proceedings in civil cases." Current Issues of the State and Law, no. 16 (2020): 523–29. http://dx.doi.org/10.20310/2587-9340-2020-4-16-523-529.
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This work is devoted to identifying the significance of the appeal proceedings in civil cases. We emphasize that the right to judicial protection is one of the fundamental human rights. To achieve this goal, we set the following tasks: define the concept of appeal proceedings; characterize the essence of the appeal proceedings in civil cases. In the course of studying the issue, we use the methods of scientific knowledge, based on the results of which the appropriate conclusions are drawn: despite the wide recognition of the appeal proceedings in the Russian Federation, we note the need to improve the efficiency of this institution due to certain omissions in the legislation. As a result, we define what should be understood as an appeal – consideration of cases that have not entered into legal force. By virtue of this, the importance and significance of the appeal proceedings as an appeal tool, as well as the direct correction of judicial errors, is noted both by the norms of domestic legislation and by international human rights bodies. The indicated gaps in the legislation show the absence of clearly defined boundaries, which creates problems in determining the value and essence of the appeal proceedings both at the theoretical and practical levels. In particular, there is a controversy on the appeal proceedings’ importance. However, the doctrine identifies two main elements, the essence of the appeal proceedings is: 1) the repetition of the case; 2) verification of the judicial act. Nevertheless, despite the high prevalence of appeals in civil proceedings, the issue of improving the effectiveness of this institution is still relevant, which leads to the inefficiency of civil proceedings in general.
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Oleksy-Piesik, Izabela. "Realizacja prawa do sądu w sprawach aktualizacji opłaty rocznej z tytułu użytkowania wieczystego jako spraw o charakterze cywilnym." Prawo w Działaniu 48 (2021): 213–27. http://dx.doi.org/10.32041/pwd.4808.
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Proceedings relating to adjustment of annual fees for perpetual usufruct of land, which are regulated in the Act of 21 August 1997 on Property Management, have a special nature. Although they concern a civil law phenomenon, that is, perpetual usufruct of land, the power to adjudicate in cases of this kind at the first, administrative, stage of proceedings was vested with local government board of appeals, that is, public administration authorities. It is an exceptional situation in administrative law. Moreover, even at the stage carried out by local government boards of appeals, the proceedings relating to fee adjustment do not have a purely administrative character, but display a mixed, civil and administrative character. This is proven, among other things, by the fact that the right to appeal the board’s decision is enjoyed not only by the perpetual usufructuary, but also the owner of the land. For these reasons, the legal construction of annual perpetual usufruct fee adjustment, as adopted in the Act on Property Management, gives rise to a number of doubts relating to its application. They appear both in the practice of local government boards of appeals and in the judgments of civil and administrative courts. The aim of the study is to show how the particularities of this procedure affect one of the fundamental rights of the individual, i.e. the right to a fair trial (before a competent court), and to determine whether the solutions provided by the law give sufficient guarantee of its fulfilment. The answers should be sought mainly in case law of administrative courts. In the author’s opinion, an analysis of this case law leads to the conclusion that a case concerning adjustment of the annual fee, despite the particularities of the proceedings, remains a civil case at every stage. This in turn leads to the conclusion that it is unjustified for the local government boards of appeal to issue decisions ending the proceedings in such matters in a formal manner, i.e. decisions of a purely administrative nature.
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BORISOVA, E. A. "ROMAN LAW AS THE BASIS OF LEGAL KNOWLEDGE ABOUT APPEAL IN CIVIL CASES." Herald of Civil Procedure 11, no. 2 (2021): 80–110. http://dx.doi.org/10.24031/2226-0781-2021-11-2-80-110.
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Appeal as a guarantee of the right to judicial protection, appeared and took shape in the Roman civil procedure. Thanks to the reception of the Roman law the achievements in the field of appeal were adopted by the European legal system, which allowed to create a unified basis for the legislative appearance of the right to appeal a court decision and proceedings in the appellate court. Since the beginning of the twentieth century, as part of the widespread reform of civil proceedings, changes have been made in the appeal process. Many of them are in line with the provisions of the Roman sources of law – the Digest of Justinian and the Code of Justinian. Legislative regulation of Russian civil appeals is characterized by goal ambiguity, which negatively affects the quality of judicial protection and necessitates changes. The experience of Roman appeal allows to answer topical issues of appellate procedure, to determine the vector of development of the appellate court proceedings. The article proves that the source of legal knowledge about civil appeal is corresponding regulations of Justinian’s Code and provisions of Digest of Justinian.
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Kotviakovskyi, Yu O. "CERTAIN ASPECTS OF COMMENCING APPELLATE PROCEEDINGS AGAINST THE DECISIONS OF ARBITRATION COURTS AND PREPARING THEM FOR TRIAL." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 34–38. http://dx.doi.org/10.15421/391952.
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On the basis of the analysis of the rules of the Code of Civil Procedure of Ukraine governing proceedings on appeals against decisions of arbitration courts, and taking into account scholars’ points of view on this issue, the article investigates the procedure for commencing proceedings in cases of the relevant category and preparing them for judicial review. The author argues that it is advisable to consider commencement of appellate proceedings against the decisions of arbitration courts as a separate stage of civil proceedings that has a specific procedural purpose, structure and deadlines clearly defined by the law. Attention is drawn to the unreasonable refusal to commence proceedings in the event of an appeal against a decision made by an arbitration court on the grounds not provided for by the law. In this part, it is noted that the decision on the presence or absence of the grounds for setting aside an award made by the arbitration court, according to Part 3 of Article 457 of the Code of Civil Procedure of Ukraine, is taken when considering the case in court. Thus, refusing to commence proceedings on the basis of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine, the court actually makes a decision on the substance out of court. With respect to the abovementioned, it is suggested to specify the rules of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine. Considering the procedure for preparation of cases on appeals against decisions of arbitration courts, the author focuses his attention on the progressive nature of the provisions of Article 456 of the Code of Civil Procedure of Ukraine. It establishes the right of a competent court on its own initiative to ask the arbitration court for the necessary case materials concerning the grounds for setting aside the arbitral award. The implementation of this approach creates the conditions for further fair trial. At the same time, the consideration of cases on appeals against the decisions of arbitration courts in the order of simplified procedure according to the current version of the Code of Civil Procedure of Ukraine, in the author’s opinion, limits the parties’ possibilities for a compromise solution to the dispute. Emphasis is placed on the reasoning of further improving the legislation in terms of empowering the parties to conciliate procedures, at the stage of preparation of cases for trial.
10
Skawiński, Franciszek. "The Outline of the Model of Appealability of First Instance Court Decisions in Civil Proceedings before the Federal Courts in the United States: A Comparative Analysis and De Lege Ferenda Suggestions." Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 71, no. 2 (2024): 131–49. http://dx.doi.org/10.17951/g.2024.71.2.131-149.
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The article aims to formulate a proposal to improve the model of appealing judgments currently operating in Polish civil proceedings on the basis of the solutions in place in federal court proceedings in the United States. With the use of the analysis of relevant statutes and secondary legislation, case law and views of legal scholars, the most important aspects of the topic were presented with comparison to the Polish civil procedure regulations. As a result of the analysis appeals as of right and by permission were distinguished, the latter not being present in Polish civil proceedings, and de lege ferenda suggestions based on American solutions were formulated regarding the Polish civil proceedings.
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Podvirna, O., and V. Yakovchuk. "Characteristics of review of economic affairs in the appeal procedure." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 64–68. http://dx.doi.org/10.24144/2788-6018.2021.03.11.
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The right to go to court for judicial protection is an institution of procedural law that regulates the grounds and procedure for violation of judicial activity to protect rights, freedoms and interests.
 The legislator divided those who have the right to go to court into those who seek protection of their rights, freedoms and interests, and those who go to court to protect the interests of the state, public interests and the rights, freedoms and interests of others.
 In recent years, Ukraine has improved procedural legislation, including economic procedural. Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, Civil Procedure Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts of 03.10.2017 № 2147-VIII, Commercial Procedural Code of Ukraine is set out in a new version, which entered into force on December 15, 2017 As a result of this legislative activity, new institutions of the economic process appeared and those that existed before were improved. The institute of appeals has also been significantly updated, as the procedure for filing appeals and cassation appeals has been changed, the deadline for appeals has been extended, changes have been made to the list of decisions of the court of first instance that can be appealed separately. The mechanism of legal regulation of appeals against decisions of the court of first instance in the economic process is based on the decision of the commercial court of first instance. 
 In this scientific work the peculiarities of reviewing economic cases on appeal are investigated, the legal analysis of appellate proceedings is carried out. An analysis of decisions that can be appealed separately from the court decision. The signs of appellate proceedings are characterized, the peculiarities of appealing the case to the court of appellate instance are determined, the concepts of appellate, appellate proceedings and appellate stage are formulated.
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Dzhuga, M. V. "The dispute about the law in the claim about the appeal of notarial deeds or the refusal to execute them." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 155–62. http://dx.doi.org/10.24144/2788-6018.2024.05.24.
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The article is devoted to the disclosure of the concept and essence of the dispute about the right during the consideration and resolution of a civil case on challenging notarial actions or refusal to perform them. It is noted that historically, for a long time, appeals against a notarial act or refusal to perform it were considered as undisputed cases and were resolved in a civil process by way of a separate proceeding. But with the adoption of the Code of Criminal Procedure of Ukraine and its implementation, this category of civil case was classified as disputed, and therefore was already considered by the procedure of legal proceedings. The change in the order of consideration of the case led to the fact that both theoreticians and practitioners began to understand differently the nature of the «dispute about law» in this category of civil case, which had consequences not only in terms of the validity of classifying it as a case of legal proceedings, but also in the field civil jurisdiction. The author argues that when filing a lawsuit to challenge notarial actions or refusal to perform them, a civil law dispute arises, which arises not only from notarial procedural legal relations, but also from civil legal relations. Civil legal relations are the main legal relations, and notarial procedural legal relations are derivatives arising on the basis of the former and ensuring their implementation. That is why a civil law dispute arises between the person whose rights and interests are affected by the notarial act and the notary, as parties to this case, which is burdened by notarial proceedings. The peculiarity of this civil law dispute based on a claim to challenge a notarial act or refusal to perform it is that only one party claims material or non-material benefit, and the other does not. This is what distinguishes a claim for contesting notarial actions or refusal to perform them from other claims, where a dispute about civil law, which is burdened by notarial proceedings, arises between two subjects who simultaneously claim material or non-material benefit, which is behind the realization of the subject objective civil law. In connection with the encumbering of subjective civil law by notarial proceedings, when filing a lawsuit to challenge notarial actions or refusal to perform them, the purpose of civil proceedings is also complicated: in addition to the protection of subjective civil rights, freedoms and interests, judicial control of legality is carried out notarial activity.
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Erzin, A. D. "Protocol in Civil Procedure: Some Aspects of Judicial Communication and the Principle of Immediacy." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (January 14, 2024): 207–13. http://dx.doi.org/10.17803/2311-5998.2023.110.10.207-213.
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The article reviews the court records as a tool to ensure the fixation of communication between the court and the participants of the process, and also defines its role in the appeal court proceedings. The author analyzes the existing approaches to the combination of recording facilities and criticizes the point of view on the use of audio-recording as the main way to record the court proceedings. Despite the identified disadvantages of audiorecording, the author concludes that it is impossible to return completely to the written record of the court proceedings and as a solution to overcome the shortcomings proposes the use of speech recognition technology to prepare a text record of the court session. According to the author, such a reformation of the civil process will reduce the burden on the court system employees and, at the same time, ensure the implementation of the principle of immediacy in the proceedings in the court of appeals.
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Kosior, Paulina. "Dostęp do protokołów z rozpraw sądowych w postępowaniu cywilnym w systemie portalu informacyjnego sądów apelacji warszawskiej." Themis Polska Nova 14, no. 2 (2018): 238–49. http://dx.doi.org/10.15804/tpn2018.2.12.
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Legislator in Poland from 2010 started procedure of computerization civil proceedings. The biggest modification of the Civil Code and Civil Code of Procedure was introduced at 8 September 2016, from when both parties to court proceedings have access to electronic protocols, pleadings and have a possibility to submit pleadings via IT system. This article aims to describe the access to electronic protocols in civil proceedings based on the Information portal of courts of the Warsaw Appeal. The Information portal of courts of the Warsaw Appeal is a system, which can be used by both parties in a court proceeding, by attorneys, judges and prosecutors. This information portal includes courts in/on the area of the Warsaw Appeal Court. The Information portal contains documents„ which the courts have made, current information about court proceedings, dates of cases, electronic protocols and recordings. The considerations elaborated in this article relate mainly to the access of the electronic protocol in civil procedure, how the Information portal works and which effect it have on the momentum of the trials. The aim of the computerization done by the Polish Legislator was to accelerate the civil proceedings, allow to deliver documents made by court or by each party of proceeding, lower the costs of proceeding and simplify the proceeding. In conclusion it should be pointed out that the positive aspects of access to the protocols from hearings prevail over the information portal of the Warsaw appeal.
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ШАРИПОВА, Алия Рашитовна. "PETITIONS IN CRIMINAL AND CIVIL PROCEEDINGS: COMPARI-SON." Rule-of-law state: theory and practice 19, no. 1(71) (2023): 51–55. http://dx.doi.org/10.33184/pravgos-2023.1.8.
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The «cross-cutting» institutions of criminal, civil, arbitration and administrative procedures are not always universal and identical. Despite terminological coincidences and generally similar notions of petitions in different types of proceedings, the places they occupy in criminal and civil proceedings are different. Purpose: to determine the balance of petitions and applications in criminal procedures, on the one hand and in civil, arbitration and administrative procedures, on the other hand. The determining method of the study is the method of comparative law. In addition, general and special methods (analysis and synthesis, logical, special-legal) are applied. Results: the criminal procedure concept of petitions includes heterogeneous appeals of law enforcement agencies to the court and requests addressed to these bodies by the participants in the pre-trial stages of proceedings, which have no analogues in civil procedure and «classic» petitions of the parties before the court. In criminal procedure, in contrast to arbitration, administrative and civil procedures, petitions many times prevail over applications.
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Galkovskaya, Natal'ya. "Civil or Administrative: Transition from One Type of Proceedings to Another during Commencement Stage." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 8, no. 4 (2024): 602–10. https://doi.org/10.21603/2542-1840-2024-8-4-602-610.
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Federal Law 451-FZ has introduced new institutions represented by transformational procedures to the norms of the Civil Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. These procedures provide for the possibility of transition from civil proceedings to administrative and vice versa. The study featured the transformation procedures that arise at the stage of initiating proceedings on a case and their optimizations. One type of legal proceedings may transform into another at an early stage in accordance with Article 33.1 of the Civil Procedure Code of the Russian Federation and Article 16.1 of the Code of Administrative Procedure of the Russian Federation. However, the protocol for procedural registration lacks strict regulations in the current procedural legislation. A number of standard research methods revealed the irrationality of the priority of civil proceedings over administrative proceedings as they compete. This approach questions the decision to allocate administrative proceedings into an independent procedural form of protection of violated or disputed rights. Many unresolved issues arise when changing the type of legal proceedings. The author believes that the type of legal proceedings should be defined at the stage of application. A timely correction of the error made by the applicant makes it possible to avoid many adverse procedural consequences, including time-intensive transfers, appeals, trial de novo, etc.
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BORISOVA, E. A. "APPEAL PROCEEDINGS: HISTORY, THEORY, PRACTICE." Herald of Civil Procedure 11, no. 5 (2021): 107–39. http://dx.doi.org/10.24031/2226-0781-2021-11-5-107-139.
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History, theory, and court practice are the basis of judicial reform. If the Civil Procedure Code of the Russian Federation was created considering this with, but subsequent changes of the procedural law show the opposite. Changes of procedure in the appellate court are not an exception, and that is why for the last 10 years theoretical and practical problems of appeal proceedings have existed. The article aims to draw attention to the reasons of occurrence of these problems; mistakes made in the course of its solution; ways of error correction with due regard for experience of Russian civil procedure, achievements of the civil procedure doctrine, needs of Russian judicial practice; necessity of complex approach in reforming proceedings in the court of appeal instance.
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Smith, Lionel. "In Rem Forfeiture Proceedings and Extraterritorial Jurisdiction." International and Comparative Law Quarterly 45, no. 4 (1996): 902–9. http://dx.doi.org/10.1017/s0020589300059753.
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In U.S. v. All Funds on Deposit in Any Accounts Maintained in the Names of Meza or de Castro1 the US Court of Appeals for the Second Circuit affirmed that US federal courts have jurisdiction, in civil proceedings brought by the US government, to order the forfeiture to that government of funds held in English bank accounts. An understanding of this decision requires some background in US forfeiture law and also in the history of the particular proceedings.
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Giannini, Leandro J. "Los Recursos En Las Reglas Modelo Europeas De Proceso Civil (Eli/Unidroit)." International Journal of Procedural Law 11, no. 1 (2021): 64–84. http://dx.doi.org/10.1163/30504856-01101007.
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This article analyses the regulation of appellate proceedings, extraordinary appeals and extraordinary motions for res judicata review in the Model European Rules of Civil Procedure, drafted by the European Law Institute and the International Institute for the Unification of Private Law (UNIDROIT). Comparative references are introduced regarding the main provisions on these issues.
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Makarov, Mark, Liliia Matiiek, Dmytro Smotrych, Nataliia Radanovych, and Iryna Bovnehra. "Institute of appeal in the mechanism of protection and restoration of rights and legitimate interests." Cuestiones Políticas 41, no. 79 (2023): 78–92. http://dx.doi.org/10.46398/cuestpol.4179.05.
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In this research article, based on the analysis of procedural legislation and the practice of its application, with the help of general and special scientific methods, the question of the functioning of the institute of appeal in the mechanism of protection and renewal of rights is addressed and, at the same time, the legitimate interests of the individual in Ukraine are investigated. It is noted that the appeal is an independent interdisciplinary institution, and the realization of the right of appeal in criminal, administrative, civil and economic proceedings has material-legal and procedural-legal expression. Among the contributions of the work, the peculiarities of legal relations during the appeals and cassation appeals are determined. It is concluded that the proposals to the procedural legislation are reasonable in order to make it impossible for the participant in the criminal process to abuse the right to appeal any decision or action of the investigating body.
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Zhukevych, Ihor. "Foreign experience of judicial control over the enforcement of decisions in civil judiciary." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 12(24) (December 9, 2021): 127–32. http://dx.doi.org/10.33098/2078-6670.2021.12.24.127-132.
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Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.
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Koroblowski, Mariusz. "Skarga na czynności komornika jako środek zaskarżenia w postępowaniu egzekucyjnym – wątpliwości dotychczasowe i nowe." Opolskie Studia Administracyjno-Prawne 17, no. 1 (2019): 107–13. http://dx.doi.org/10.25167/osap.1497.
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There are various appeals in the enforcement proceedings, such as a complaint against a bailiff, a complaint against the decision of the court, a complaint against the decision of the court referendary, and a charge against the plan for splitting the sum obtained from the enforcement. This article refers to the issue of doubts to date and new reservations concerning the complaint against a bailiff. The attention was paid to the consequences of the amendments to the Code of Civil Procedure made by the Act of 10 July 2015 on the amendment to the Civil Code, the Code of Civil Procedure and some other acts. It should be noted that the presented subject matter is of considerable practical value, since the distortion of the correct course of the enforcement proceedings often involves the breach by the bailiff of the rights of the debtor, creditor or third parties.
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ADAMCHUK, Nazarii. "Review of judicial practices of the civil court of cassation as part of the supreme court regarding the consideration of complaints on the actions or inactions of a private/government executive during the execution of court decisions in civil cases." Economics. Finances. Law 6/2024, no. - (2024): 69–71. http://dx.doi.org/10.37634/efp.2024.6.14.
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The paper is devoted to the study of the judicial practice of cassation appeals of court decisions, namely the analysis of the judicial practice of the civil court of cassation as part of the Supreme Court regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions in civil cases. The main grounds for canceling or changing court decisions in the process of consideration of the specified category of cases have been determined. The analysis makes it possible to single out procedural errors, which form the basis for the cancellation of decisions of previous instances. A person who did not take part in the case, if the court decided the issue of his rights, freedoms, interests and (or) obligations, has the right to file a cassation appeal against the court decision only after it has been reviewed in the appellate procedure according to his appeal. After the opening of cassation proceedings based on the cassation complaint of a person who did not participate in the case, but the court decided the issue of his rights, freedoms, interests and (or) duties, such a person enjoys the procedural rights and bears the procedural obligations of a participant in the case. The cassation appeal concerns a question of law that is of fundamental importance for the formation of a unified law enforcement practice. The study of the practice of cassation appeals of court decisions in civil cases regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions makes it possible to single out typical violations that occur, taking them into account in practical activities, which allows to avoid violations of rights, freedoms and legitimate interests persons participating in the proceedings, and also contributes to the adoption of a legal, substantiated and reasoned court decision.
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MASLIKOV, IVAN, and MANUK PEGLIVANIAN. "THE CONCEPT OF FULL AND INCOMPLETE APPEAL, THE CONSEQUENCES OF ITS APPLICATION IN ARBITRATION PROCEEDINGS." LEGAL BULLETIN 3, no. 9 (2024): 20–33. https://doi.org/10.5281/zenodo.13932832.
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Relevance. The development of the institute of appellate proceedings in arbitration proceedings is an important area for improvingthe justice system. The existing uncertainty in understanding the legal mechanisms of full and partial appeal, as well as insufficient normative regulation of these phenomena, necessitate their comprehensive study. Main objective. Analysis of theoretical models of full and partial appeal, their advantages and disadvantages, as well as the development of scientifically based proposals to improve the efficiency of appellate proceedings in arbitration proceedings. Problems under consideration. The article analyzes theoretical models of full and partial appeal, examine s their advant age s and disadvantages, problems of their legislative regulation. The experience of appellate proceedings abroad, as well as the institute of appellate proceedings in arbitration proceedings in Russia are considered. The need to consolidate the basics of regulation of the mixed appellate model in legislation is substantiated. Methods used. The study used historical and legal, comparative legal, systemic, logical and legal, statistical methods, as well as the method of legal modeling. Conclusions. In order to resolve disagreements in the understanding of the term «appeal proceedings» among specialists and practicing lawyers, the authors propose to supplement the Civil Procedure Code of the Russian Federation with a definition of this concept. To eliminate the problem of the limited powers of the appellate court, the authors recommend amending the civil procedure legislation by enshrining a norm that gives the appellate court the right to «overturn the decision of the court of first instance and return the case for a new trial». The establishment of clear legislative regulation of the mixed appellate model, in the opinion of the authors, will eliminate uncertainty in the appeal mechanisms andincrease the effectiveness of protecting the rights and interests of the parties in the arbitration process.
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TATULYCH, Iryna Yuriyivna. "Civil Proceedings During Quarantine." European Journal of Law and Public Administration 7, no. 2 (2021): 184–94. http://dx.doi.org/10.18662/eljpa/7.2/138.
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The article is devoted to the study of issues related to the proceedings in civil court cases during the quarantine period. The importance of ensuring continuous and secure access to justice is obvious to effectively protect violated, unrecognized or disputed rights, freedoms, or interests of individuals, the rights and interests of legal entities, the interests of the state. The article reveals the study of the issue of a person's constitutional right realization to fair judicial protection during a pandemic. Legislation and regulations that contain the main recommendations for courts to administer justice during the quarantine period underwent the analysis. It is substantiated that neither the judicial system nor the guarantees of citizens for judicial protection can be "quarantined" because the main function of the state, even in such conditions, is to ensure the implementation of the protection of the rights and freedoms of citizens. It is found out that justice should be not just a form of the judiciary, but an effective tool for protecting rights, freedoms, and interests. The court is the tool that ensures the effectiveness of judicial protection. To overcome the identified gaps, it was concluded that it is necessary to implement all components of electronic litigation, which will make an appeal to court more accessible and understandable, will completely abandon paper documentation in parallel with an electronic one, and in the future will lead to effective civil litigation and timely resolution, within a reasonable period.
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Maciejewski, Tadeusz, and Cezary Wołodkowicz. "Kolegium Rewizyjne (Revision-Collegium) w Napoleońskim Wolnym Mieście Gdańsku (1807–1814). Geneza, struktura i przebieg postępowania odwoławczego w rozwoju historyczno-prawnym." Czasopismo Prawno-Historyczne 69, no. 1 (2018): 21–48. http://dx.doi.org/10.14746/cph.2017.1.2.
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The article presents the rules of appeal proceedings in civil and criminal cases in the Napoleonic Free City of Danzig. The appeals took place before the Revision Commissions which were appointed for civil cases in October 1809 a nd for criminal cases in February 1810. Furthermore, the paper delineates their organizational structure as well as the method of making the final decision (rejecting or accepting the Commission’s decision). The contents of this article were based on the rules and regulations which governed the Commissions which hitherto were not used in research. Moreover, the judiciary and the appeals systems were described in the projects of the constitution of the Free City of Danzig (Danzig Senate from 1807, a project by the mayor of Danzig – Gottlieb Hufeland, as well as a project by the French resident Nicolas Massias). However, these plans were not introduced but they were substituted by the rules and regulations of the Revision Commissions. This serves as an illustration of the French influence on the law in Danzig in the Napoleonic era of the Free City. Also the appeal process in the Napoleonic Free City of Danzig was presented against the backdrop of the general history of appeals in the course of legal cases before the judiciary in Danzig. This facilitates the observation of the changes which took place in the course of legal cases throughout history. In particular, it helps in the observations made at the turn of the 18th century as it was the period when the law transformed from Feudalism to Bourgeoisie.
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Vatras, V. A., та V. V. Getsko. "Оpening of proceedings in civil and economic proceedings: a comparative aspect". Uzhhorod National University Herald. Series: Law 1, № 82 (2024): 419–23. http://dx.doi.org/10.24144/2307-3322.2024.82.1.67.
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The article provides a comparative analysis of the problems of opening proceedings in civil and economic processes. The procedural norms of the EU member states, which regulate the procedure for opening proceedings in civil and economic processes, have been analyzed. It is additionally substantiated that the opening of the proceedings in the case is the first stage of proceedings in any private law case considered by the court. Every person has the right to apply to the court if he needs the protection of his rights, in case of their violation, non-recognition or appeal. It has been proven that the presence of such a procedural stage as the opening of proceedings in the case is important in view of checking the compliance of the content and form of the claim statement with the requirements of the law, as well as clarifying the procedural legal personality and in order to prevent abuse of the right to defense. A comparative analysis of the norms of the Civil Procedural Code of Ukraine and the Economic Procedural Code of Ukraine was carried out, which made it possible to single out the following common features: the opening of the proceedings is singled out as a stage within the framework of the legal proceedings; to open a proceeding, a person must file a lawsuit, in which he can request a simplified proceeding; control powers are provided in the court to verify compliance of the claim with procedural requirements, while the same period (five days) is provided for issuing a decision on leaving the claim without movement, changes were simultaneously made to the analyzed procedural codes regarding control over the registration of the electronic cabinet by the plaintiff; judicial control is provided for the compliance of the claim with the requirements of the procedural legislation in the relevant proceedings; in the case of leaving the statement of claim without movement due to deficiencies that can be corrected, the same period for their elimination is given - ten days; similar additional grounds for returning claims, etc. are defined. Differences in procedural norms regarding the opening of proceedings are highlighted. It is substantiated that the opening of the proceedings in the case is a separate stage of the civil process, which is important in view of the realization of a person’s right to judicial protection, which implements the primary tools of judicial control aimed at guaranteeing the balance of private and public interests, in particular the right to fair judicial protection and prevent abuse of the person’s right to defense.
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Zhukevych, I. V. "Judicial control of the enforcement of judgment in separate proceeding in civil proceedings in Ukraine." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 100–104. http://dx.doi.org/10.24144/2788-6018.2023.03.18.
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The article is devoted to the study of the peculiarities of judicial control over the execution of decisions in separate civil proceedings of Ukraine. Judicial control over the execution of court decisions in separate civil proceedings of Ukraine is one of the means of legal protection of the rights of the parties in civil cases, a special form of justice, related to the activity of the courtwith the implementation of judicial acts in civil cases. The adoption of the new Civil Procedural Code of Ukraine is conditioned by the partial bringing of civil procedural legislation in terms of establishing judicial control in accordance with international standards, according to which the need for judicial control over interference with the right to freedom and personal integrity of a mentally ill person during his hospitalization in a psychiatric institution without her consent In particular, through the legislative establishment of periodic judicial control of the existence/continuation of grounds for limiting or depriving a person of legal capacity. However, the currently existing legislative understanding of the concept of judicial control over the execution of decisions in civil proceedings is unjustifiably excessively narrow. After all, today legislative judicial control over the execution of court decisions is reduced only to the appeal of decisions, actions and inaction of state and private executors. In addition, one cannot overlook the absence in the structure of the Civil Procedure Code of Ukraine of provisions dedicated to the regulation of the specifics of judicial control over the execution of decisions in separate civil proceedings of Ukraine. All this indicates the need to improve the legislation of Ukraine in terms of regulating judicial control over the execution of decisions in separate proceedings of the civil court of Ukraine. First, in the direction of expanding the legislative understanding of the concept of judicial control over the execution of decisions in civil proceedings; second, in the direction of enshrining at the level of the Civil Procedure Code of Ukraine a separate structural part of the legal foundations of judicial control over the execution of decisions in separate civil proceedings of Ukraine.
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Montero, Guillermo A. "Employment: Protecting Public Health Abrogates Due Process Requirement for Suspension Proceedings." Journal of Law, Medicine & Ethics 31, no. 1 (2003): 167–68. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00074.x.
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In Patel v. Midland Memorial Hospital & Medical Center, the U.S. Court of Appeals for the Fifth Circuit held that the defendant hospital did not violate the plaintiff's due process rights by suspending his clinical privileges without a pre-suspension hearing, where there were reasonable grounds for assuming that patient safety was at risk. Dr. P.V. Patel, a board-certified cardiologist, brought an action against Midland Memorial Hospital and several of its doctors, alleging that the suspension of his clinical privileges violated his right to a pre-suspension hearing; was the result of racial discrimination; and resulted in anticompetitive behavior in violation of antitrust laws. The U.S. District Court for the Western District of Texas granted Midland's motion for summary judgment. The parties filed cross appeals, Dr. Patel on the ground that there were genuine issues of fact for all of his claims, and Midland on the ground that, with the exception of the civil rights claim, it was immune from all of Dr. Patel's claims under the Health Care Quality Improvement Act of 1986 (HCQIA).
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Cudak, Arkadiusz. "Means of challenging the description and evaluation of real property in administrative and judicial enforcement proceedings." Nieruchomości@ IV Wydanie elektroniczne (December 19, 2023): 209–24. http://dx.doi.org/10.5604/01.3001.0054.1295.
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The article analyses the description and valuation of real estate means of challenge in administrative and judicial enforcement proceedings. In the first mentioned proceeding, this action may be sued by an allegation against description and valuation, not by complaint against an act in enforcement proceedings. However, in enforcement proceedings concerning civil cases, this act may be appealed against with a complaint against bailiff's actions. The level of participants protection in both proceedings is similar. The author proposes legislative changes aimed at replacing the description and valuation means of challenge in administrative enforcement proceedings with a complaint against an enforcement action.
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Chernov, Konstantin N. "The Influence of the European Convention on the Establishment of Compensation Proceedings in an Arbitral Procedure: Foreign Experience." Arbitrazh-civil procedure 4 (April 8, 2021): 37–39. http://dx.doi.org/10.18572/1812-383x-2021-4-37-39.
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The article examines some issues of the impact of the European Convention for the Protection of Rights and Fundamental Freedoms on the formation of compensation proceedings in the arbitration process. Foreign normative legal acts play an important role in the mechanism for protecting human and civil rights, including in the production of court proceedings on violation of the rights of citizens to consider a case within a reasonable time. In the Russian arbitration legislation today there is an extensive practice of considering cases with the use of European judicial acts. It should be noted that at the present time there is a positive practice and appeals to the European Court of Human Rights are becoming much less frequent.
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Śladkowski, Mariusz. "APPEAL AND COMPLAINT IN CIVIL PROCEEDINGS AFTER THE CHANGES MADE BY THE ACT OF JULY 4, 2019. – SELECTED ISSUES." Roczniki Administracji i Prawa 4, no. XX (2020): 181–201. http://dx.doi.org/10.5604/01.3001.0014.8433.
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One of the most important changes to the legal regulations in 2019 is the reform of the civil procedure introduced by the Act of July 4, 2019 amending the Act - Code of Civil Procedure and certain other acts. One of the most important goals of this reform was to improve the implementation of the civil right to a fair trial. According to the authors of the reform, the existing solutions in terms of the manner of conducting civil proceedings have worked well under conditions of a relatively low burden on civil courts. Nowadays, when the number of civil cases is gradually increasing, the legislator’s efforts are required that will realistically simplify and accelerate the proceedings in these cases. As part of the amendment in question, two far-reaching changes were made to two means of appeal, basic for civil proceedings, i.e. an appeal and a complaint
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Hyżorek, Aleksander. "The Right to a Public Hearing in the Era of the COVID-19 Epidemic – Selected Issues." Przegląd Prawa Administracyjnego 8 (December 30, 2024): 49–61. https://doi.org/10.17951/ppa.2024.8.49-61.
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The article is devoted to the subject analysis of the constitutional regulation of the right to court as regards the right to a public hearing in judicial-administrative and civil cases on the basis of the regulation that was in force during the state of epidemic and state of epidemic emergency in connection with the COVID-19 disease. The aim of the study is an attempt to assess the constitutionality of the regulation occurring in civil proceedings and the regulation occurring in judicial-administrative proceedings, according to which, still within one year from the date of cancellation of the state of epidemics, or the state of epidemic threat, the Supreme Administrative Court could consider appeals in closed sessions – not being bound by the application of the parties. The author tries to show that the regulation in question did not meet the requirements of the institution of the right to court. The text assesses the proportionality of such a regulation.
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Serioznova, O. A. "Terms of Appeal and Cassation Appeal in Civil Cases: Novelties of Science and Practice." Juridical science and practice 18, no. 1 (2022): 55–63. http://dx.doi.org/10.25205/2542-0410-2022-18-1-55-63.
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This article is devoted to topical issues of procedural science and practice that arise when exercising the right to protection in civil proceedings. Despite the relatively recent changes made to civil and arbitration procedural legislation, their practical implementation still requires detailed explanations from both the judicial community and science.Certain provisions on the statute of limitations also continue to cause discussions despite their seemingly detailed elaboration.The article includes consideration of such issues as determining the deadlines for filing appeals and cassation complaints in civil cases, namely the procedure for calculating them; grounds for restoring missed deadlines (justification of the validity of the reasons for missing the procedural deadline for individuals and legal entities, the concept of "objective circumstances", procedural reasons, error with the court, errors in the complaint); provisions on the limitation period for certain types of transactions. It should be noted that the act of the highest judicial instance considered in the article also clarified the procedure for appeal, both providing for the stage of appeal, and bypassing its direct appeal to the cassation instance and further to the Supreme Court of the Russian Federation; the procedure for presenting new evidence in cases where this was previously unreasonably refused; the scope of verification of the judicial act on the complaint (in whole or in part) was determined.
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Ivanov, Evgeniy I. "Limits of Court Ruling Appeal Proceedings in the Civil Procedure." Arbitrazh-civil procedure 5 (May 20, 2021): 36–40. http://dx.doi.org/10.18572/1812-383x-2021-5-36-40.
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The article, based on the study of pre-revolutionary, Soviet and modern Russian legislation, examines the limits of appeal, cassation and supervisory appeal in civil, arbitration and judicial administrative proceedings: the limits of the conditions of appeal, including the limits of the subject and object of the appeal, the limits of the grounds for appeal, formed by the limits of the appeal of legality and validity, the limits of consideration of the object of the appeal, consisting of the limits of consideration of the object of appeal in terms of volume and content, as well as the limits of the procedural actions of the court and other participants in the process. The law-making and law-implementing significance of the limits of proceedings on appeal against court acts is highlighted. It is pointed out that the study of civil, arbitration and judicial administrative processes through the prism of these limits will make it possible to better comprehend legal proceedings in civil and administrative cases.
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Людмила, А. К., and В. В. Лилия. "Legal Regulation of Writ Proceedings in Civil and Administrative Proceedings." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 4 (December 15, 2019): 75–80. http://dx.doi.org/10.26163/gief.2019.92.49.012.
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В статье рассматриваются проблемы в сфере правового регулирования приказного производства в гражданском процессуальном, арбитражном процессуальном и административном процессуальном законодательстве. Авторы вносят обоснованные предложения по унификации правового регулирования относительно требований к содержанию обращения в суд; срокам возбуждения производства по делу; основаниям для реализации полномочий суда при возбуждении производства по делу; срокам вынесения судебного приказа, срокам оспаривания вынесенного судебного приказа; требованиям к содержанию возражений относительно вынесенного судебного приказа. The article focuses on problematic issues of legal regulation of writ proceedings in civil procedure, arbitration procedure and administrative procedure legislation. The authors make reasonable proposals with regard to unification of legal regulation concerning requirements to the content of the appeal to the court, time limits for commencing the proceedings; grounds for implementation of powers vested in the court while initiating proceedings; the timing of the court order, time limits of contesting the court order; requirements to the content of objections to the court order.
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Bondarenko, Taras A. "THE PROBLEM OF UNDERSTANDING THE CONCEPT OF BASES OF APPEAL PROCEEDINGS IN CIVIL PROCEEDINGS." Vestnik Tomskogo gosudarstvennogo universiteta, no. 404 (March 1, 2016): 165–68. http://dx.doi.org/10.17223/15617793/404/26.
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Олеся Витальевна, Жукова,. "THE RIGHT OF A MINOR TO APPEAL AGAINST JUDICIAL ACTS: QUESTIONS OF THEORY AND PRACTICE." Вестник Тверского государственного университета. Серия: Право, no. 4(72) (December 16, 2022): 75–80. http://dx.doi.org/10.26456/vtpravo/2022.4.075.
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Рассмотрены особенности реализации права на судебную защиту несовершеннолетних при пересмотре судебных актов в гражданском процессе и административном судопроизводстве. Проведен анализ норм гражданского процессуального законодательства и законодательства об административном судопроизводстве, исследованы вопросы обеспечения доступности правосудия при рассмотрении дел с участием несовершеннолетних в проверочных инстанциях. The article considers the peculiarities of the realization of the right to judicial protection of minors during the revision of judicial acts in civil proceedings and administrative proceedings. The author analyzes the norms of civil procedural legislation and legislation on administrative proceedings, examines the issues of ensuring the accessibility of justice when considering cases involving minors in the verification instances.
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Hobbs, Patricia. "The Right to a Fair Trial and Judicial Economy at the International Criminal Court." International Human Rights Law Review 5, no. 1 (2016): 86–118. http://dx.doi.org/10.1163/22131035-00501004.
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Following the civil unrest in Kenya in 2008 and Kenya’s inability to prosecute the perpetrators of those crimes, the International Criminal Court (icc) prosecutor initiated proceedings proprio motu against Mr Uhuru Kenyatta and Mr William Ruto. Despite the impending prosecutions, Mr Kenyatta and Mr Ruto were elected as President and Deputy President of Kenya in 2013. Due to their prominent status, they both applied (separately) to be excused from continuous attendance at their trial proceedings. Mr Ruto’s argument was heard first, and Trial Chamber (A) granted the excusal request. In the course of Mr Kenyatta’s hearing by Trial Chamber (B), but before the Appeals Chamber reversed Mr Ruto’s Trial Chamber (A) decision, the issue of judicial economy was raised by the prosecution. Their contention was that Trial Chamber (B) should in fact wait for the Appeals Chamber’s final decision, but the Chamber dismissed the argument and proceeded with the decision at hand. This article contends that the Court missed a real opportunity to place judicial economy within the human rights discourse, particularly in the light of Article 21(3) of the Rome Statute of the International Criminal Court.
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Tsuvina, T. A. "The role of the supreme courts: in the search of the balance between private and public interests in civil procedure." Problems of Legality 2020, no. 148 (2020): 52–65. https://doi.org/10.21564/2414-990x.148.193522.
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<em>The article is devoted to the analysis of the problem issues of the role of the supreme courts in common law and civil law legal traditions through the prism of models of proceedings in such courts in order to determine the general trends in this field. The author analyzes three main models of the proceedings in courts of the highest instance: a second appeal, a cassation and a revision. A second appeal model refers to the common law countries, and cassation and revision models refer to civil law countries. Analysis of the civil procedural legislation and resent reforms of civil procedure in European countries give grounds to conclude that there is a strong tendency to convergence between cassation and revision models nowadays. The author analyzes two main approaches to the identification of the role of supreme courts in modern societies: conception of private interests and conception of public interests. The cassation model of appeal reflects the priority of the private legal interests in the activity of the supreme courts, instead the second appeal model is the predominance of the public legal foundations. More promising direction from the point of view of achieving the tasks of civil justice is the election at the national level of a model in which preference is given to public-law interest during proceedings in the highest court which is reflected in revision model. The recent proposed changes to the civil procedural legislation of Ukraine testifies to the strong tendency of approximation of the national cassation proceedings model to the revision model. Such situation is justified and reflects the current trends in the development of civil procedural legislation in European countries.</em>
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Hamzah, Mohammad Amir. "REFORM OF CIVIL PROCEDURAL LAW AT THE APPELLATE-LEVEL COURTS IN INDONESIA." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28, no. 2 (2016): 348. http://dx.doi.org/10.22146/jmh.16723.
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AbstractThe frst court and the appellate-level court serve as the judex facti, but there are different regulations about procedural law in HIR, RBG, and Law No. 20 of 1947. It causes high fling of cassation appeals. As a result, the Supreme Court is impaired in fostering and developing the (civil) law due to it being hectic from examining cases. Through reform of civil procedure law of the appellatelevel court (PT), the court will be placed in the appropriate position as the means of fltering proceedings, so that not all cases can be fled for a cassation appeal. It is also the time to revoke Law No. 20 of 1947.IntisariPada dasarnya Pengadilan Negeri dan Pengadilan Tinggi diposisikan sebagai judex facti. Namun demikian, terdapat beberapa pengaturan mengenai hukum acara perdata mulai dari HIR, RBG hingga UU No.20 Tahun 1947 yang mengatur hal tersebut secara berbeda. Akibatnya, pengajuan kasasi meningkat sehinggamengganggu fokus Mahkamah Agung melaksanakan fungsi pembinaan hukum. Seharunya pengadilan banding diposisikan sebagai penyaring sehingga tidak semua kasus dapat diajukan ke banding dan kasasi. Selain itu, melalui pembaharuan hukum ini juga UU Nomor 20 Tahun 1947.
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Dunne, Jamie, Charles Livingstone, Craig Watt, and Lauren Smith. "Group proceedings in Scotland: competition between the Court of Session and the Competition Appeal Tribunal?" Competition Law Journal 22, no. 1 (2023): 30–33. http://dx.doi.org/10.4337/clj.2023.01.04.
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This article reviews the impact of the recent Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, which introduced a new procedure for bringing collective proceedings in Scotland, on future competition litigation in Scotland.
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Bródka, Jakub. "Złożenie zabezpieczenia przez dłużnika oraz określenie przez sąd kwoty na zaspokojenie bieżących potrzeb. Uwagi na tle art. 821 § 1 k.p.c. oraz art. 821(1) k.p.c." Przegląd Prawa Egzekucyjnego 2024, no. 3 (2024): 129–47. http://dx.doi.org/10.62627/ppe.2024.024.
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This article focuses on two issues: a security stipulated in Art. 821 § 1 of the Civil Procedure Code as regards the application of regulations on insolvency safeguard procedures and the nature of security in the court enforcement proceedings, as referred to in Art. 821 § 1 in fine of the Civil Procedure Code, and Art. 821(1) of the Civil Procedure Code, which provides for the court’s authority to define an amount necessary to meet the debtor’s ongoing needs during the suspension of enforcement proceedings. In the author’s opinion, the regulation is useless and questions the effectiveness of other protective regulations of the Civil Procedure Code. Keywords: enforcement proceedings, security, complaint about actions taken by the bailiff, appeal in court enforcement proceedings
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Morchadze, Zurab. "Perpetuating Evidence in Civil Law Proceedings." European Scientific Journal, ESJ 18, no. 5 (2022): 109. http://dx.doi.org/10.19044/esj.2022.v18n5p109.
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The civil law process is based on the principles of adversarial proceedings and disposition, and having complete information on these principles is crucial for the parties to the process. For example, even in an apparently "profitable" case, a party who did not take care of applying the perpetuating measures may not win anything, because at the time of enforcement of the ruling it may appear that the defendant has long since alienated her/his property, or if the party has not taken care of the request for evidence and the perpetuation of evidence in a timely manner, serious difficulties may arise in the consideration of the case and as a result, lose the case. Evidence is facts obtained from sources provided by law on the basis of which the parties defend their interests. The burden of proof at trial is shared equally between the parties. The parties try to prove their veracity in order to get the appropriate result. Therefore, the main purpose of the article is to focus on the importance of the perpetuation of evidence. The first chapter deals with the essence perpetuating evidence, the second chapter deals with the judge's ruling according to which s/he can load the evidence with obligation even before the lawsuit is filed, the third chapter is devoted to the evaluation of evidence by the court and the judge's inner conviction. The fourth chapter deals with the rule of appeal, which is one of the problematic issues of this paper.
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Melnyk, Olena D. "SOME ISSUES OF THE ADMINISTRATIVE PROCEEDINGS IMPLEMENTATION UNDER THE MARTIAL LAW." Poltava law review, no. 2 (April 17, 2024): 63–78. http://dx.doi.org/10.21564/2786-7811.2.297370.
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The article is devoted to the peculiarities of administrative proceedings during the period of martial law, in particular to issues of jurisdiction and terms of appeal to the administrative court. It has been analyzed that according to the norms of the Basic Law, in the conditions of martial law and state of emergency, the right of a person to judicial protection cannot be limited, hence - the need for the functioning of the judicial system during the period of martial law is key, because it is at this time that there is a high probability of violation of the rights and freedoms of citizens. According to the legislation, justice in the territory where martial law is imposed is carried out only by courts, shortening or speeding up any forms of judicial proceedings is prohibited; the territorial jurisdiction of court cases considered in these courts may be changed, or the location of the courts may be changed. A change in the territorial jurisdiction of administrative courts is possible with the help of the rules of the Civil Court of Ukraine, which states that the court transfers an administrative case to another administrative court, if the administrative court that considered the case is liquidated or terminated for reasons defined by law. The institution of time limits in administrative proceedings is considered, the common and distinctive features of the institution of statute of limitations in civil law and the institution of time limits for appeals to court in administrative litigation are analyzed. The procedural consequences of missing the application deadlines have been analyzed. On the basis of the judicial practice of the Supreme Court, the problematic issues related to the determination of the validity of the reasons for missing the specified period were revealed, and the conditions were formed for recognizing the reason for missing the deadline for applying to the court as valid.
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Korol, Denys. "Simplified Procedure in Civil Proceedings in Different European Countries: Comparing Study." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 225–28. http://dx.doi.org/10.36695/2219-5521.1.2020.45.
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In this article the simplified civil proceedings were analyzed as one of the most current discussion. Its characterization and difference from general action proceeding are debatable issues that need attention and in-depth study, especially in Ukraine, where the differentiation of action proceedings was first introduced in 2017.
 This background requires the comparing research of the doctrine and legislative of European countries such as Germany, Lithuania, Poland, Spain and France, which have been selected for comparison, as well as the European Small Claims Procedure, which has been in existence alongside national small dispute resolution procedures for over ten years.
 The most generalizable features that appear to be inherent in any simplification of court proceedings were studied, in particular, the time frames for simplified litigation, whether or not to hold hearings, the possibility of appeal and mandatory representation in these proceedings.
 In conclusion, it was noted that the elements of simplifying the procedure for small cases resolution in Ukraine and in other European countries generally coincide. Among the similarity there are the features of securing the right to an oral or public court hearing on the case, a certain limitation of the right to appeal the decision in the case, the absence of compulsory representation, even in the conditions of compulsory representation of the parties in court by a lawyer. At the same time, the lack of standardized forms of appeal to the court in the simplified procedure, as well as the approaches to the procedure of the choice of the procedure of the case - are excluded by the parties, both in the European Small Claims Procedure and in Germany, to the excluded right of a judge to decide this issue. how it is envisaged in Lithuania. It is useful to borrow, in our opinion, the experience of Spain and France, in which the collection of small debts is the responsibility of the bailiff and the notary. Thus, a comprehensive mechanism for dealing with small or small matters should be established and maintained in the state.
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Lacchei, Alice. "Encounters in courtroom. Italian judges as front-line workers in asylum proceedings." MONDI MIGRANTI, no. 2 (July 2023): 193–214. http://dx.doi.org/10.3280/mm2023-002010.
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In Italy the judiciary plays a relevant role in asylum adjudication. Indeed, judges are crucial decision makers, deciding on the merit of a huge number of asylum claims rejected at first instance. For this reason, it is extremely timely to understand how asylum adjudication is put into practice by judges. Thus, the article studies asylum adjudication in courts through the lens of the Street-Level Bureaucracy, focusing on the encounter between judges and asylum seekers. In particular, the research seeks to understand the uses, causes and consequences of discretion in asylum appeals, focusing on coping mechanisms judges develop during their job. With this aim, the research conducts observation of hearings, interviews and shadowing in five Italian civil courts, showing how coping mechanisms are determined by organisational and individual factors and they influence in different ways the quality, equity and efficiency of asylum proceedings.
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Fennych, V. "Review of default judgment in civil proceedings." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 298–302. http://dx.doi.org/10.24144/2788-6018.2023.06.50.
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The article is devoted to the analysis of the procedure for review of a decision in absentia in a civil proceeding by a court of first instance and its procedural consequences.
 It is noted that there is a special and general procedure for reviewing a decision in absentia in a civil process, where submitting an application for review of a decision in absentia to the court that passed it is considered as a special procedure for reviewing it. It is indicated that this procedure can be considered in the context of self-control of the court of first instance in civil proceedings.
 The subjects of submitting an application for review of a decision in absentia, its form, content, terms and procedure of submission are analyzed. Attention is drawn to the attachments to the application for review of the decision in absentia. It is indicated that the defendant has the right to submit such an application even if the decision in absentia is passed in his favor.
 An application for review of a decision in absentia may not be considered by the court and returned to the person if he has not registered an electronic office in the Unified Judicial Information and Telecommunication System. Until such a person registers an electronic account, he cannot demand the cancellation of a decision in absentia. The specified procedural consequences also occur if the interests of a person who has not registered an electronic account are represented by a lawyer who has a registered electronic account. This manifests a limitation in a person's ability to protect his rights, freedoms and interests in court.
 The procedure for considering an application for review of a decision in absentia is analyzed, and the grounds for court rulings on the satisfaction of such an application and cancellation of the decision in absentia or leaving the application unsatisfied are investigated. It is noted that the satisfaction of the application for review of the decision in absentia does not yet mean the adoption of the court decision automatically in favor of the defendant, since the consideration of the case starts from the beginning on general principles. The court will schedule a new court session to consider the merits of the case, informing all interested participants in the process.
 Attention is drawn to the peculiarity of the defendant's exercise of the right to appeal against a decision in absentia or a repeated decision in absentia, and it is also indicated under which conditions this is possible. It is noted what to do if an application for annulment of a decision in absentia by the defendant and an appeal by the plaintiff was filed at the same time.
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Koroied, Serhii. "Rules for the organization an effective civil proceedings as unified standards for solving procedural issues". Yearly journal of scientific articles “Pravova derzhava”, № 35 (1 вересня 2024): 535–44. https://doi.org/10.33663/0869-2491-2024-35-535-544.
Full textAbstract:
Introduction: The problem of the existence and application by courts of document «Rules for the Organization of Effective Civil Proceedings in the Kyiv Court of Appeal» (2023) as a source of civil procedural law of Ukraine is considered. This problem is due to the fact that the specified Rules are not included in the system of legislation on civil justice, their legal force and the order of «implementation» in the work of the Kyiv Court of Appeal remains in question, as well as the rules of conduct defined in them in the aspect of introducing new mechanisms for ensuring effective civil proceedings in Ukraine. In addition, no legislative acts authorize courts and other subjects to adopt and implement such Rules in the courts of individual regions, and courts to apply such Rules in parallel with acts of civil procedural legislation, because even in the conditions of the legal regime of martial law, courts, bodies and institutions of the justice system act exclusively on the basis, within the limits of authority and in the manner determined by the Constitution of Ukraine and by the laws of Ukraine. The purpose of the article: The purpose of the article is a scientific and practical analysis of the document «Rules for the Organization of Effective Civil Proceedings in the Kyiv Court of Appeal» (2023), primarily from the point of view of compliance with the declared objective of their content in the aspect of introducing new mechanisms for ensuring effective civil proceedings. Results: The results of the study are based on a systematic analysis of the provisions of the Civil Procedural Code of Ukraine, the theoretical foundations of the civil procedure and the text of the mentioned Rules. The legal force and possible place of the specified Rules in the system of sources of civil procedural law, as well as the «objectives» of these Rules, are determined. The description of certain provisions of the Rules, which contradict the norms of the Civil Code of Ukraine or duplicate them, is given. It was established that the specified Rules cannot be attributed to any of the types of sources of civil procedural law; they are not included in the system of legislation on civil justice. These Rules should be considered only as recommendations (non-observance of which is not a «violation of the rules of procedural law», that is, it is not a basis for challenging court judgments or applying any negative consequences to the participants in the case) with non-binding rules of conduct for the court and the participants in the case, which legally cannot ensure that the court fulfills the objectives of civil proceedings. The content of these Rules indicates that «effective civil proceedings» must be ensured by the participants in the case, actually exempting the court from responsibility for «ineffective» civil proceedings. The role of the court (judge) in ensuring effective justice is not clearly defined. Areas of ensuring the effectiveness of civil proceedings are not structured. According to the results of a systematic analysis of the content of the specified Rules, attention is drawn to the fact that not only the legal force, but also the practical value of the developed Rules causes many comments, since the Rules do not contain any new tools or new recommendations for the interpretation of the relevant procedural norms (different from the existing conclusions of the Supreme Court), which could really ensure effective civil proceedings or increase the effectiveness of the latter in comparison with the procedural regulation existing today. Conclusions: Given the existence of such Rules (recommendations), they should not be about detailing procedural issues already regulated in the Civil Code of Ukraine, but about unified approaches to solving «procedural issues» precisely through the introduction of a unified interpretation and unified approach in the legal assessment of possible procedural situations. Such objective could be accomplished by issue a structured by relevant procedural issues (chapters) «collection» of relevant conclusions of the Supreme Court and of the decisions of Council of Judges of Ukraine, which would allow judges to directly apply the relevant conclusions of the Supreme Court and decisions of the Council of Judges of Ukraine, rather than being guided by Rules that are not included in the system of legislation on civil proceedings. Key words: civil proceedings, rules, effectiveness, trial, efficiency, timeliness, procedural form, procedural issues, standards, court, participants in the case.
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Ryabusova, Anastasia. "The Right to Judicial Protection in the Light of Appeals Against Court Rulings." Herald of Omsk University. Series: Law 21, no. 2 (2024): 57–60. http://dx.doi.org/10.24147/1990-5173.2024.21(2).57-60.
Full textAbstract:
Introduction. The right to appeal a judicial act is a component of the constitutional right to judicial protection. The approach proposed by the legislator to appeal the rulings of the court of first instance should be treated critically. Purpose. The author aims to substantiate that the possibility of appealing the rulings of the court of first instance should be made dependent on another condition, namely whether the court's ruling has an impact on the substance of the final judicial act. Methodology. The following methods are used in this work: formal-logical, analysis, synthesis, logical-legal. Results. The article analyzes the current domestic legal regulation on the issues of appeal of rulings in civil and arbitration proceedings, as well as scientific literature on issues related to the right to judicial protection. A number of innovations are proposed concerning the adjustment of the approach to the conditions for appealing the rulings of the court of first instance. It is concluded that it is necessary to introduce the category “influencing the essence of the final judicial act”. Conclusion. The author suggests a different approach than the one proposed by the legislator, related to the conditions for appealing the rulings of the court of first instance in order for individuals to exercise the constitutional right to judicial protection.