ISSN 2663-0583 (Online)
ISSN 2663-0575 (Print)

Issue 2/2019

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Issue 2/2019


This AJEE Issue 2 (3) contains research articles related to current topical reforms in the judiciary and procedural legislation development in Ukraine and Poland, prepared by academics and practitioners. The main goal of these reforms directs to increasing the level of trust to justice, as well as to ensure the efficiency and effectiveness in litigation. 

Therefore, this Issue starts with a prominent essay written by Grzegorz Borkowski and Olga Sovgiria, dedicated to various problems of judicial independence ensuring during recent reforms in Poland and in Ukraine in the context of respective international and European standards. 

The next article is related to the interaction of the EU legislation and national procedural legislation of the Member-State, in particular, European small claims procedure and Polish civil procedure, prepared by Joanna May and Malgorzata Malczyk.

European Civil Procedure undoubtedly is a significant and fast-developing area of procedural law due to unique possibilities of cross border litigation for all the claimants in all of the EU Member-States courts according to the same procedure. Nevertheless, partly the procedural issues of national legislation play an important role in access to genuine European justice.

One more article in current Issue written by Katarzyna Gajda – Roszczynialskarelated to the interaction of national civil procedure and European civil procedure, in particular, the abuse of procedural rights in Polish and European civil procedure law within the notion of private and public interest. 

Procedural law seems quite formal for participants due to all rules and requirements to documents, will it violate the right to court and access to justice for humans? Agnieszka Golab has answered this question and shared her studying results concerning the inadmissibility of civil proceedings and the so-called absolute procedural prerequisites (Germ. Prozessvoraussetzungen).

The problem of the counteraction to miscarriage of justice in Ukraine is raised in the essay written by Mykhaylo Shepitko. The author highlighted this problem in three ways: from criminal law, criminal procedure and criminalistics`s area sides. 

On behalf of the Editorial and Advisory Boards of the Journal, I would like to share our latest achievements, recognized by the well-known databases and the directory: our Journal has been included in the Directory of Open Access Journals (DOAJ), indexed in ERIH Plus and listed in Hein Online. 

This surely happened due to the fruitful cooperation of our team and all our prominent authors and reviewers, who help us to develop. We sincerely hope, that this news inspires all of us greatly and we will continue to work diligently! 


TABLE OF CONTENTS
 
Editorial 
About Issue 2/2019

Research Articles
Grzegorz Borkowski, Olga Sovgyria 
Current Judicial Reform in Ukraine and in Poland:
Constitutional and European Legal Aspect in the Context of Independent Judiciary

Joanna May, Malgorzata Malczyk 
European Small Claims Procedure and Its Place 
in the System of Polish Separate Proceedings

Katarzyna Gajda – Roszczynialska 
Abuse of Procedural Rights in Polish and European Civil Procedure Law 
and the Notion of Private and Public Interest

Agnieszka Golab
Inadmissibility of Civil Proceedings and Access to Court

Legal Practice 
Mykhaylo Shepitko
Counteraction to Miscarriage of Justice in Ukraine

DOI
  Research Article

Abuse of Procedural Rights in Polish and European Civil Procedure Law and the Notion of Private and Public Interest

Summary: 1. Introduction. – 2. Legal interest and abuse of civil procedural rights. – 3. Abuse of right in the Polish civil procedure. – 4. Abuse of right in the European civil procedure. – 4.1. Abuse of the right to file an action and the right of defence in European procedural right. – 4.2. Abuse of right under Regulation on insolvency proceedings and regulation No. 2015/848. – 4.3. Abuse of procedural rights under the Regulation on jurisdiction and recognition of court decisions and their execution in civil and commercial cases and the Regulation No. 1215/2012 on jurisdiction and recognition of court decisions and their execution in civil and commercial cases. – 5. Conclusions.

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  Research Article

Current Judicial Reform in Ukraine and in Poland: Constitutional and European Legal Aspect in the Context of Independent Judiciary

Summary: 1. Introduction. – 2. The Judicial System of Poland at the Present Stage. – 2.1. Constitutional Tribunal. – 2.2. The Common Courts System. – 2.3. Supreme Court. – 2.4. National Council for Judiciary. – 3. Judicial Reform in Ukraine in 2016: Problems of Implementation. – 3.1. General Characteristics of the Judiciary in Ukraine. – 3.2. Status of the Constitutional Court of Ukraine: Main Innovations. – 3.3. Status of the Supreme Court and Courts. – 3.4. Status of the High Council of Justice. – 4. Concluding Remarks.

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  Research Article

European Small Claims Procedure and Its Place in the System of Polish Separate Proceedings

Summary: – 1. Introduction. – 2. The Notion and Types of Separate Proceedings and Their Place in Court Civil Proceedings. – 3. Criteria for Distinguishing Separate Proceedings. – 4. European Small Claims Procedure as Separate Proceedings – General Issues. – 5. Relationship Between the European Small Claims Procedure and Other Separate Proceedings: 5.1. Order for Payment Proceedings. 5.2. Writ of Payment Proceedings. 5.3. Electronic Writ of Payment Proceedings. 5.4. Simplified Procedure. 5.5. European Order for Payment Procedure. – 6. Concluding Remarks.

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