суд

Harmonization of National Legislation on Mediation with European Norms in Enforcement Proceedings

The article finds that the harmonization of national legislation on mediation with European norms will contribute to the development of this institution in a state governed by the rule of law.

It is established that the rational application of the described norms, taking into account global trends, agreements concluded based on the results of mediation during enforcement proceedings, will improve the work of the executor conducting enforcement proceedings.

Functional Features of the Activities of the Main Institutions of State Power in Ukraine in Combating Corruption

Relevance of the article lies in the fact that one of the key tasks of the state is to ensure the protection of the rights and interests of citizens that may be violated due to corrupt activities. Combating corruption is not only a public demand but also a crucial prerequisite for the stable functioning of state institutions, especially under the legal regime of martial law in Ukraine, which affectsthe operation of government bodies, including their ability to effectively counteract corruption.

A Lawyer and a Judge in a Lawsuit

The symbolism of fair justice is associated with Themis holding the scales and weighing values and interests, facts and evidence, arguments and positions. The intellectual position of a lawyer and a judge is seen as a way to obtain a fair decision.

The author substantiates the content of the principle of mutual respect of an attorney and a judge in a trial. The author emphasizes certain deontological principles of mutual cooperation in the process of legal proceedings between an attorney and a judge.

Inadmissibility of Abuse of Procedural Rights as One of the Basic Principles of Administrative Justice

The article attempts to characterize the principle of inadmissibility of abuse of procedural rights and to analyze the case law on abuse of procedural rights. It is emphasized that the principle of inadmissibility of abuse of procedural rights competes with the principle of access to justice, since in case of leaving a claim without consideration, the right to access to justice is actually restricted. The author interprets the category of “good faith” as an integral characteristic of the behavior of participants to the administrative process.

The Practice of Court Consideration of Cases of Bringing Persons to Administrative Responsibility for Committing Domestic Violence

The article analyses the practice of courts considering cases of bringing persons to administrative liability for committing domestic violence. As social conditions change, so do the forms of violent acts and the preconditions for their commission, as well as the practice of courts considering such cases. Domestic violence is behaviour in which physical and psychological coercion is used to establish and maintain control over a loved one, with whom the perpetrator is usually connected by common life or family ties.

The concept and socio-legal value of the reconciliation of the parties in the administrative judiciary of Ukraine

The article is aimed at research of the concept and socio-legal significance of the reconciliation of the parties in the administrative proceedings of Ukraine. On the basis of legal methods of scientific knowledge, such as: dialectical, logical-formal, comparative-legal, etc., modern approaches to understanding the legal nature and essence of the concept of “reconciliation” are considered.

Inacceptability of influence by prosecutors and lawyers on the activities of judges

Prosecutors and lawyers, whose work involves ensuring the application of the law and, at the same time, diligently respecting court decisions, the enforcement of which is often their duty, must protect the right to appeal during their execution. It is clear that the reverse is also true: judges must respect prosecutors as representatives of these professional bodies and not interfere with the performance of their duties.

Subject composition of the procedure for conciliation of the parties in the administrative judiciary of Ukraine and EU member states

The article discloses the subject composition of the procedure of conciliation of the parties in the administrative proceedings of Ukraine and EU member states. It is noted that the main subjects of the procedure of conciliation of the parties in administrative proceedings are the parties to the dispute themselves, who wished to reconcile, and the legislation should influence these subjects only with the aim of facilitating their achievement of peace.

Supreme anti-corruption court in the system of anti-corruption bodies of Ukraine

Corruption is a socio-political phenomenon caused by the imperfection of the functioning of state and public institutions.This negative phenomenon permeates all spheres of society and has a negative impact on the development of economic, social and political life in the country, is a threat to national security and statehood, incompatible with the principles of democratic, legal and social order. The need for an uncompromising fight against corruption in a democratic state governed by the rule of law does not need to be proven.

The role of a judge in the conciliation procedure of the parties in the administrative judiciary of Ukraine and EU member states

The article analyzes the place and role of the judge in the procedure of conciliation of the parties in the administrative proceedings of Ukraine and the EU Member States. It is established that in Ukraine there is a simple model of the subjective composition of conciliation of the parties in administrative proceedings, which is characterized by certain elements of a relatively complex model of the relevant subject composition (the judge encourages the parties to try to reconcile, but does not provide them with certain options to be considered).