Issue 3/2021

In Editor-in-Chief’s Note you may find more about this issue content and some our news shared

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. Instead of an Introduction. – 2. The Formation of the Criminal Procedure of Ukraine since its Independence. – 3. The Development of the Criminal Procedure of Ukraine after Ukraine’s Accession to the Council of Europe and the Adoption of the Constitution of Ukraine in 1996. – 4. The Development of the Criminal Procedure after the Adoption of the CrPC of Ukraine in 2012. – 4.1. Features of Legal Regulation of Criminal Procedural Activity in the Conditions of Anti- terrorist Operation. – 4.2. Introduction of Special Criminal Proceedings (in absentia). – 4.3. Improving the Legal Regulation of the Right to Liberty and Security of Person. – 4.4. Changes in the System of Bodies Conducting Criminal Proceedings for Corruption Crimes. – 5. Conclusions.

Summary: 1. Introduction. – 2. A Retrospective Review of the Reform of the Prosecutor’s Office of Ukraine during the Period of Independence, with Class Ranks and Prosecutor’s Dress as Elements. – 3. Draft Law (No. 3062 of 13 February 2020) on the Restoration of Class Ranks and Uniforms of Prosecutors. – 3.1. Passing the Regulatory Procedure. – 3.2. Arguments ‘for’ Class Ranks and Prosecutor’s Dress. – 4. Analysis of the Idea of Returning Class Ranks and Prosecutor’s Dress in the Prosecutor’s Office of Ukraine. – 4.1. The International Law Aspect (pacta sunt servanda). – 4.2 The Constitutional-functional Aspect. – 4.3. The Procedural Aspect. – 4.4. The Financial (material) Aspect. – 4.5. The Encouraging (stimulating) Aspect. – 4.6. The Psychological Aspect. – 4.7. The Comparative Encouraging Aspect. – 4.8 The Globalisation (comparative law) Aspect. – 4.9. The Cultural (symbolic) Aspect. – 4.10. The Professional Deontological Aspect. – 4.11. The Sociological Aspect. – 5. Conclusions.

Summary: 1. Introduction. – 2. Methodology. – 3. Prerequisites for the Occurrence of Judicial Law-making in Ukraine (1991-1995). – 4. Constitutional Support for the Judicial System and the Judiciary in Ukraine (1996-1999). – 5. Small Judicial Reforms and Judicial Law-making in Ukraine (2000-2009). – 6. The Crisis of Judicial Legislation in Ukraine (2010- 2013). – 7. The Conceptualisation of Legal Support for Judicial Law-making in Ukraine (2014-present). – 8. Conclusion.

Summary: 1. Introduction. – 2. The Influence of the Church on the Formation of Domestic Legal and Political System. – 3. The System of Justice in Matters within the Jurisdiction of the Orthodox Church. – 4. The Scope of Ecclesiastical and Judicial Jurisdiction in Kyivan Rus. – 5. Features of the Church-Judicial Process. – 6. Conclusions.

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. 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. Intellectual Property Right Protection for AI-generated Objects. – 3. Ukrainian Legal Policy Propositions Relevant to AI-generated Objects. – 4. Concluding 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. 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. – 2. Types of Computer Crime on the Internet and Finding Ways of Fight against Them. – 3. 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.

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