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

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Issue 4/2022 has been published!

We are happy to announce the issue 4/2022 has been published! 

 

In this issue, we collected articles and notes related to legal developments in Ukraine, Kazakhstan, Latvia, Lithuania and Estonia, Slovakia. We would like to thank all our authors, reviewers, editors and all, who helped us!

 

Enjoy reading and we welcome you to comment and review!

  

REOPENING CASES FOLLOWING JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS: ROOM FOR A EUROPEAN CONSENSUS?

Pilkov Kostiantyn

 

This article focuses on the examination of whether reopening a case following an adversarial ECtHR judgment is available as a remedy in the national legal systems throughout Europe. The method is comparative analysis without claiming to be exhaustive. Where analysed data made it possible, certain generalisations were made.

 

NE BIS IN IDEM AS A MODERN GUARANTEE IN CRIMINAL PROCEEDINGS IN EUROPE

Libor Klimek

The principle ne bis in idem, also known as non bis in idem (or, in common law jurisdictions, double jeopardy), is an expression of a guarantee that a person cannot be sentenced or prosecuted twice in respect of the same act – as regards criminal offences in criminal proceedings. These days, the principle of ne bis in idem is laid down by legislative instruments both at the national level (in particular, constitutions and acts regulating criminal law) and the international level (in particular, international agreements), offering protection in criminal proceedings against double criminalisation of the same person. On the one hand, the principle of ne bis in idem is regulated by international legislation. On the other hand, some legislative documents require additional authoritative explanation since, in criminal proceedings, unexpected situations regularly occur. 

 

JUDICIAL CONTROL OVER CRIMINALLY REMEDIAL MEASURES OF RESTRICTION IN KAZAKHSTAN: ANALYSIS AND EVALUATION OF A DRAFT LAW OF A NEW THREE-TIER MODEL

Maya Kulbaeva, Arstan Akhpanov

 

The article deals with the issue of strengthening the control functions of the investigating judge when authorising home confinement as a preventive measure. In particular, the authors analyse the draft Law ‘On amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on optimisation of criminal legislation with simultaneous correction of the Criminal Procedure and Penal Enforcement Codes’ and offer their vision of further development of the norms of criminal procedure legislation of the Republic of Kazakhstan on judicial control.

 

THE DEPOSIT GUARANTEE FUND OF UKRAINE: TOWARDS EU STANDARDS OF RIGHTS PROTECTION

Vyacheslav Krahlevych

 

An effective deposit insurance system is commonly considered the strongest instrument for increasing confidence in banking systems, as well as for encouraging private investments in banking services. In developing relevant legislation and institutions in line with EU standards, Ukraine will ensure that its deposit guarantee system can be integrated with that of the EU. In light of the relevant legislation, we examine the EU’s deposit guarantee system in general and with regard to its particular characteristics, namely: insured entity, compensation amount, legal terminology, and financing. 

 

NATURAL LAW AS AXIOLOGICAL ASPIRATION AND ETHICAL REFINER OF LAW

Valon Leci

 

This paper aims to clarify the relationship of  natural rights with the positive law, commonalities, and dividing points, as well as some different variations of natural law.

 

MEDIATION IN THE BALTIC STATES: DEVELOPMENTS AND CHALLENGES OF IMPLEMENTATION

Agnė Tvaronavičienė, Natalija Kaminskienė, Dana Rone, Rea Uudeküll

 

This article explores the response of Lithuania, Latvia, and Estonia to major European initiatives in the field of mediation. Accordingly, the paper examines EU attempts to foster mediation and introduces the process and the outcome of the implementation of the Mediation Directive (as the main legal instrument of setting the unified standards for mediation in the EU) in the aforementioned Baltic States.

 

ADVOCACY OF COMPETITION IN THE WORLD AND UKRAINE: COMPARATIVE CHARACTERISTICS

Olga Bakalinska, Olena Honcharenko, Tetiana Kаptsova and Haiane Babadzhanian

 

The advocacy of competition is a modern civilisational mechanism of cooperation, which balances private and public interests in economic activity and realises the functions of state management and control of economic activity, ensuring reasonable distribution of public goods. Competition is a fundamental driving force that determines the course of economic processes and contributes to the growth of economic prosperity and innovation in society. Its provision, protection, and development are among the main priorities of state economic policy in general and competition policy in particular. The purpose of this article is a comparative legal analysis of the advocacy of competition in different countries. This study will also identify the peculiarities of the use of advocacy tools in these places.


And more!
The date of the Special Issue 2022 related to the war in Ukraine launching is 15 of December 2022.

Please find EPUB version of the Issue available!

 

Our previous issue is available here

Issue 3/2022

 

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