Issue 1/2022

Summary: – 1. Introduction. – 2. Dividing Cases into Hard Ones and Easy Ones. – 3. The Ways of Resolving Cases Proposed by Legal Positivism. – 3.1. Syllogisms as a Way to Resolve Cases. – 3.2. Application of Analogy (Precedent). – 4. Legal Realism and Hard Cases. – 4.1. Psychological Factors that Determine Decision-Making. – 4.2. Sociological Factors Determining Decision-Making. – 5. The Dichotomy of Hard and Easy Cases and Artificial Intelligence. – 6. Conclusions.

Summary: 1. Introduction. – 2. A Plaintiff under the Derivative Lawsuit. – 2.1. General status of a plaintiff. – 2.2. Exercise of procedural rights and obligations. – 2.3. Persons that can file a derivative lawsuit on behalf of a legal entity. – 3. Preventive Mechanisms for Abuse of the Right to File a Derivative Lawsuit. – 4. Other Types of Derivative Lawsuit. – 4.1. Preventive derivative lawsuit. – 4.2. Derivative lawsuit for invalidation of a company’s transaction. – 5. Defendants in a Derivative Lawsuit – 5.1. The issue of financial (civil) and employment (material) liability of a company’s officials. – 6. Business Judgement Rule. – 7. Conclusions.

Summary: 1. Introduction. – 2. The Content of the Principle of Reasonableness of Notarial Acts. – 3. Request of Evidence Documents by a Notary. – 4. Clarification of Expression of Will and Signing of Notarial Documents. – 5. Request of Evidence Documents. – 6. Conclusions.

Summary: 1. Economic Analysis of Law in Criminal Cases – General Remarks. – 2. Costs vs the Principle of Truth. – 3. Costs vs the Principle of Legalismus. – 4. Costs vs the Principle of Directness. – 5. Costs vs the Principle of the Right to a Defence. – 6. Costs of Criminal Proceedings – Results of Selected Empirical Data. – 7. Conclusions.

Summary: – 1. Introduction. – 2. Legislative Development of Criminal Proceedings and Evidence in the Slovak Republic. – 3. The Slovak Republic After the Recodification of Criminal Law (From 1 January 2006). – 4. Information and Technical Means. – 5. Concluding Remarks.

Summary: 1. Introduction. – 2. Main Ideas and Focus of the Book. – 3. Concluding Remarks.

Summary: 1. Introduction. – 1.1 Ontological Basis of Scientific Interest. – 1.2. Research Methodology and Appearance of Academic Interest. – 2. Initial Principles of Establishing Judicial Protection in the Field of Land Relations. – 2.1. TheContent of the Lawsuit as a Basis for Judicial Protection. – 2.2. Legal Interest – the Object of Protection in the Field of Land Relations. – 2.3. ‘Dispute about the Law’ in Administrative Jurisdiction. – 3. Methods of Protection of Rights, Freedoms, and Interests in the Administration of Justice. – 3.1. The Ratio of Remedies and Methods of Protection of Rights, Freedoms, and Interests of a Person. – 3.2. Methods of Protection of Rights and Interests of a Person in Land Disputes. – 3.2.1. General Definition of Protection of Rights, Freedoms, and Interests. – 3.2.2. Different Ways to Protect the Rights and Interests of Persons in Land Relations for Individual Judicial Jurisdictions. – 3.2.3. Assessment of the Possibility of Recourse to the Court to Achieve the Objectives of Administrative Proceedings. – 4. Ensuring the Effectiveness of Ways to Protect the Rights and Interests of the Person Regarding Land in Administrative Proceedings. – 4.1. Understanding of Effectiveness as a Criterion for the Purpose of the Proceedings. – 4.2. The level of effectiveness of general methods of protecting the rights of freedoms and interests of administrative courts in disputes over land rights. – 4.3. Problems of Expanding the Methods of Protection of Land Rights used by Administrative Courts. – 5. Conclusions.

Summary: 1. Introduction. – 2. The Legal Content of the Principle of a Natural Court. – 3. The Principle of a Natural Court and ‘Extraordinary’ Judicial Specialisation. – 4. The Anti-corruption Court in Ukraine: ‘Specialised’ or ‘Special’? – 5. Concluding Remarks.

Summary: 1. Introduction. – 2. The First Working Group Discussions on Juvenile Justice. – 3. Dividing the Article into Two Sections: Treatment in Penal Matters and Torture/Capital Punishment. – 4. Conclusions.

Summary: 1. Introduction. – 2. The Main International Instruments Meant to Protect the Rights of the Child. – 3. The Problem of Voluntary Incestuous Intercourse between Adults and Minors. – 4. The Purpose of Criminalising the Incestuous Intercourse between Direct Relatives and Siblings. – 5. Conclusions.

Summary: 1. Introduction. – 2. A Long Way to Legislative Regulation: Main Achievements of the Law ‘On mediation’. – 3. Mandatory Mediation and Constitutional Provisions. – 4. Integration of Mediation into Judicial Proceedings. – 4.1. Organisational aspects of integration. – 4.2. Procedural aspects of integration. – 5. Conclusions: Current Trends in the Development of Mediation in Ukraine.

Summary: – 1. Introduction. – 2. Classification of Grounds for Refusal to Recognise and Enforce the Award of International Commercial Arbitration. – 3 The Definition of ‘Public Order’ in the Doctrine of International Commercial Arbitration. – 4. Types of Public Order and the Practice of Application. – 5. Conclusions.

Summary: 1. Introduction. – 2. Theoretical Fundamentals of Understanding the Principle of the Rule of Law. – 3. Components of the Principle of the Rule of Law in the Legal Positions of the Constitutional Court of Ukraine. – 4. The Rule of Law and the Principle of Direct Action of the Constitutional Norms. – 5. Conclusions.

Summary: 1. Introduction. – 2. The Case Facts. – 2.1. The Ukrainian Court’s Position. – 2.2 The ECtHR’s Position. – 3. Newly Discovered Circumstances in Ukrainian Legislation and Doctrine. – 4. Concluding Remarks.

Summary: 1. Introduction. Distinguishing between Public and Private Prosecution. – 2. The Legal Nature of Private Prosecution. – 3. Features of Prosecutor Participation in Private Criminal Cases: The Example of the Supreme Court Grand Chamber Decision. – 4. Concluding Remarks.

Editor-in-Chief’s Note