Legal Anomalies Within Human Rights Implementation in Court: Ukrainian Heritage and Perspectives
Summary: 1. Introduction. – 2. General Specific Causes of Legal Anomalies in the Implementation of Individual Rights in Court. – 3. Abuse of Procedural Rights as a Distortion of the Realisation of Rights. – 4. Simplified Action (Written) Proceedings as a Legally Established Anomaly. – 5. The Legal Anomaly of the Lack of Unity of Judicial Case-law. – 6. Conclusions.
Abstract
The law is a regulator of relations based on an orderly, generally accepted system of ideas and norms for the behaviour of subjects in a particular relationship. A large number of regulations, which are an external reflection of the content of law, sets the boundaries of such behaviour, but under the influence of relevant factors that have a subjective and/or objective nature, there are cases of deviation from generally accepted regulations, the so-called legal anomalies that occur in the exercise of a person’s rights in court.
This article contains an analysis of current legal anomalies that may arise in the exercise of a person’s procedural rights in the administration of justice, given the reasons that provoke their occurrence. Both legal anomalies related to the subject of realisation of rights in court and anomalies that indirectly affect the possibility and completeness of such realisation were subject to research. The authors assessed the phenomenon of abuse of law, legal nihilism of the participants in the process, inconsistencies of judicial practice, etc., in terms of classifying such phenomena as legal anomalies. The possibility of recognising a legal anomaly at the legislative level (abuse of law) and the transformation of a legal anomaly into a rule of procedural law (written proceedings) is investigated. Variants of vulnerabilities of the modern mechanism of administration of justice are offered, where there is a high probability of emergence of new legal anomalies in the sphere of realisation of the rights of the person at protection by a court of the broken, unrecognised, or disputed rights.
About Authors
Ryazanov Mykhailo
Associate professor of the Department of General Theory of Law and State National University ‘Odessa Law Academy’, Ukraine
Miriazmr@onu.ua
0000-0003-0404-2841
Chuvakova Hanna
Candid. of Legal Science (equiv. to Ph.D.),
Associate professor of the Department of General Theory of Law and State National University ‘Odessa Law Academy’, Ukraine
chuvakovaa@onu.ua
0000-0001-6380-1233
Piliuk SulikoCandid. of Legal Science (equiv. to Ph.D.),
Associate Professor of the Department of Constitutional Law and Justice Odesa I.I. Mechnikov National University pilyuk_sv@onu.edu.ua
0000-0001-5419-024X
CONFLICTS OF INTEREST
The authors declare no conflict of interest of relevance to this topic. Although one of the authors serves at the same institution as one of the editors of AJEE, which may cause a potential conflict or the perception of bias, the final decisions for the publication of this article, including the choice of peer reviewers, were handled by the editors and the editorial board members, who are not affiliated with the same institution.
DISCLAIMER
The authors declare that they were not involved in any state bodies, courts, or any other organisation’s activities related to the discussed views and case-law.
ACKNOWLEDGEMENTS
The authors would like to express their gratitude to the reviewers and editors of the journal and to the English editor, Sarah White.
CONTRIBUTORSHIP
The authors contributed jointly to this study and its results. Mykhailo Ryazanov and Hanna Chuvakova are responsible for the exploration of sources and for writing; Hanna Chuvakova and Suliko Piliuk are both responsible for the analysis and interpretation; all the co-authors take responsibility for the content of the paper. The content of the paper was translated with the participation of third parties under the authors’ oversight.
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How to cite it?
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M Ryazanov, H Chuvakova, S Piliuk ‘Legal anomalies within human rights implementation in court: Ukrainian heritage and perspectives’ 2021 4(12) Access to Justice in Eastern Europe 90–103. DOI: https://doi. org/10.33327/AJEE-18-4.4-n000086
