Notes

Summary: 1. Introduction. – 2. Sources of Law of Small Claims. – 3. The Purpose and Principles of the Institute of Small Claims. – 4. Value of a Claim. – 5. Change of the Value of a Claim. – 6. Consideration of Small Claims. – 7. Representation of the Parties during Small Case Consideration. – 8. Evidence and Prooving when Considering Small Claims. – 9. Appeal against Court Decisions in Small Claims. – 10. Cassation Appeal against Court Decisions in Small Claims. – 11. Conclusions

Summary: – 1. Introduction. – 2. Problems of application of criteria for determining cases to be considered in a simplified action proceeding. – 3. Features of the simplified action proceeding in civilproceedings.

Summary: - 1. Introduction. – 2. Small claims and simplified proceedings – the legislation novelties. – 3. Generalization of the court practice and defining some problems of the new CPC implementation

Summary: 1. Introduction. – 2. Court Proceedings during Lockdown. – 3. Conclusion. Lessons to be Learned

Summary: 1. Introduction. – 2. Criminal Law Measures of Counteraction to Miscarriage of Justice. – 3. Criminal Procedure Measures of Counteraction to Miscarriage of Justice. – 4. Criminalistic Measures of Counteraction to Miscarriage of Justice. – 5. Conclusion.

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Editor-in-Chief’s Note

Summary: - 1. Introduction. – 2. Reasoning of the decision of the Constitutional Court. - 3. Circumstances of decision-making. - 4. Reaction of state bodies. - 5. Further necessary steps.

Summary: 1. Introduction. – 2. Legal Regulation and Its Gaps. – 3. ECtHR Case Law and Its Impact on the Ukrainian Practice. – 4. Concluding Remarks.

Summary: 1. Introduction. – 2. Guarantees of Banking Secrecy and Importance of its Nondisclosure. – 3. Procedure of Banking Secrecy Disclosure and Risks of its Illegal Divulgation. – 4. Limits of Legal Divulgation in Criminal Proceedings. – 5. Concluding Remarks.

Summary: 1. Introduction. – 2. Key Ideas and Principles of the Council of Europe. – 3. The Impact of the Convention on Legal Systems of its Member States. – 4. Ukraine and the Convention. – 5. Concluding Remarks

Summary: 1. Introduction. – 2. Translation of Legal Terminology within the European Union-Ukraine Approximation Process. – 3. Translation of the Ukrainian Term ‘Maloznachna Sprava’ in English within the Scope of Simplified Civil Procedure. – 3.1. Small Claim – ‘Maloznachna Sprava’ Correlation: Concept Analysis. – 3.2. Term Translation: Options and Choices. – 4. Concluding Remarks

About this Issue, the European Convention of Human Rights and Pete Mondrian.

Summary: 1. Introduction – 2. The Legal Nature of the Right to a Fair Trial – 3. The scope of the Applicability of the Right to a Fair Trial – 3.1. Legally Bound Subjects – 3.2. The dispute over the Right as the Measure of Applicability – 3.3. The diversification of Judicial Procedures – 3.4. The civil nature of the Rights and Duties as the Protection Objects. – 4. Conclusions.

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with the New Administrative-Territorial Structure of the District Level. – 3. Lack of Clear and Understandable Criteria for Delimiting the Subject-Matter Jurisdiction of Cases in Terms of the Right to a Fair Trial. – 4. The Insignificance of the Case and the Court Fee as Procedural Restrictions on the Right of Access to Court. – 5. Staffing of the Judiciary and the Level of Public Confidence in the Judiciary as Elements of Ensuring the Right of Access to Justice. – 6. Introduction of a Lawyer’s Monopoly on the Representation of Another Person in Court in Terms of the Right to a Fair Trial. – 7. Motivation of Court Decisions in the Aspect of the Right to a Fair Trial. – 8. Conclusions.

Summary: 1. Introduction: The Legal Regime for Using Natural Healing Resources in Ukraine. – 2. Climate as a Healing Resource – 3. Legal Responsibility and Judicial Practice for Using Natural Healing Resources. – 4. Concluding Remarks.

Summary: 1. Introduction. – 2. Judicial Status of the CCU as a Body of Constitutional Jurisdiction. – 3. Legitimacy of Constitutional Courts and their Constituent Powers. – 4. Problems of Constitutional Complaint Realization in Ukraine. – 5. Concluding Remarks

Summary: 1. Introduction. – 2. General Approaches to Access to Justice in Environmental Disputes. – 3. Public Participation in Environmental Disputes in Ukraine. – 4. Concluding Remarks.

Summary: 1. Introduction. – 2. The National Conception of a Judge’s Communicative Behaviour. – 3. Criteria for the Admissibility of a Judge’s Complaint in Violation of His/Her Conventional Right to Freedom of Expression. – 4. The Judge’s Right to Express an Opinion vs Right to a Fair Trial. – 5. Conclusion.

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Summary: – 1. Introduction. – 2. State Policy of Ukraine for Ensuring Environmental Rights. – 3. Environmental State Policy of Ukraine and Environmental Rights Protection. – 4. ECtHR Case-Law in Environmental Matters: Cases v. Ukraine. – 5. National Case-Law on Access to Justice on Environmental Issues. – 6. Concluding Remarks.

Summary: 1. – Background of the Emergence of Administrative Proceedings in Ukraine. – 2. Problems of Determining the Body of Power and the State and its Bodies as Parties to the Case. – 3. Features of the Exercise of the Right to a Fair Trial in Administrative Proceedings. – 3.1. Access to Court and the Principle of Equality of Parties. – 3.2. Orality and Openness of Administrative Proceedings. – 3.3. The Aversarial System and the Right of the Court to Establish the Circumstances of the Administrative Case. – 4. Concluding Remarks

Summary: 1. Introduction. – 2. – Stages of Reform. – 3. International Standards and Recommendations. – 4. The Practice of the ECtHR. – 5. Evaluation of International Institutions. – 6. The National Dimension. – 7. Jury Trial. – 8. Independence of Judges vs Abuse of Power. – 9. Reform Strategy. – 10. Conclusions.

Summary: 1. Introduction. – 2. Types of Computer Crime on the Internet and Finding Ways of Fight against Them. – 3. Concluding Remarks.

Summary: 1. Introduction – Basic Principles of Environmental Rights Protection. – 2. Environmental Rights Protection and the ECtHR. – 3. Concluding Remarks

Summary: 1. Introduction. – 2. Derogations of Human Rights under the British Constitutional Model. – 3. Restrictions of Human Rights in Continental Europe. – 4. Legal Scope of Restrictions in Eastern Europe. – 5. Peculiarities of Human Rights Restrictions in Balkan Countries. – 6. Restrictions of Human Rights in Baltic States. – 7. The Scandinavian Model of Exceptions to Ensure Constitutional Human Rights. – 8. Conclusion

Summary: 1. Introduction. – 2. The Possibility of the Consideration of Investment Disputes by International Commercial Arbitration. – 3. The Correlation of the ‘Place of Dispute’ ICA with the Theory of Delocalisation. – 4. The Procedure for Establishing Institutional Arbitration Courts. – 5. Changing the Procedure for Appointing Arbitrators. – 6. Conclusions.

Summary: 1. Introductory Remarks on Mediation Development in Ukraine. – 2. The Theory and Legal Regulation of Mediation. – 3. How Courts Interpret Mediation in the Ukrainian Case-law. – 4. Some Reflections and Final Remarks.

Summary: 1. Introduction: The Concept of Social Norms and Their Role in Modern Society. – 2. Normativity and Due Diligence of the Law: How a Subject Should Act and Why Coercion Is Not Effective. – 3. The Concept of Normativity in Modern Philosophical Writing and Its Significance for the Development of Modern Law and the Effective Protection of Individual Rights. – 4. Conclusions and Reflections on the Further Study of the Essence of Law in Modern Society.

Summary: 1. Introduction. – 2. Electronic Evidence in Ukraine. – 3. Using the ‘Electronic Court‘ Subsystem for the Submission of Electronic Evidence. – 4. Access to Justice in the Context of the COVID-19 Pandemic. – 5. Analysis of Judicial Practice Concerning the Examination of Electronic Evidence in the Context of the COVID-19 Pandemic. – 6. Conclusions.

Summary: 1. Introduction. – 2. Intellectual Property Right Protection for AI-generated Objects. – 3. Ukrainian Legal Policy Propositions Relevant to AI-generated Objects. – 4. Concluding Remarks.

Summary: 1. Introduction and Background. - 2. Process and Challenges. - 3. Final Result, Recommendations and Future Perspectives

About the Issue 1/2020

Summary: 1. Introduction. – 2. The Legal Status of National Minorities in Ukraine. – 3. Rights of National Minorities and Issues of Citizenship. – 4 Problems of the Legal Status of Indigenous Peoples and Sub-ethnic Groups. – 5. Conclusion.

Summary: 1. Introduction. – 2. General Requirements for the Validity of an Arbitration Agreement in the Context of Convention Regulation. – 3. The Ratio of ‘Autonomy of Will’ and the Validity of an Arbitration Agreement. – 4. The Choice of Law when Concluding an Arbitration Agreement. – 5. The Staged Nature of Regulation of the Validity of an Arbitration Agreement. – 6. The Ukrainian Experience of the Validity of an Arbitration Agreement. – 7. Conclusions.

Editor's note

Summary: 1. Introduction. – 2. The Genesis of the Concept of Human Rights Generations. – 3. Classification of Human Rights and Fundamental Freedoms Restrictions. – 4. Restrictions of Human Rights in the ECtHR’s Case-Law. – 5. Limitations of Social and Economic Human Rights. – 6. Conclusion.

Summary: 1. Introduction. – 2. Issues of Regulating the Legal Application of Expert Opinions in the Conventional Protection of the Right to a Fair Trial. – 3. Issues of Law Enforcement within ECtHR Case-law. – 4. Conclusions.