Background: On 24 February, Russia launched a military attack on the entire territory of Ukraine, in connection with which the President of Ukraine declared martial law. According to the Law of Ukraine ‘On Martial Law’, martial law is a special legal regime introduced in the event of armed aggression, danger to the state independence of Ukraine, or its territorial integrity and arranges for the provision of appropriate state authorities, military command, military administrations, and local authorities self-governance of the powers necessary to avert the threat, repel armed aggression and ensure national security, and eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as the temporary restriction of the constitutional rights and freedoms of persons and citizens and the rights and legitimate interests of legal entities within the validity period of these restrictions. This study is designed to analyse the consequences of armed aggression against Ukraine and the introduction of the appropriate legal regime in such areas as the realisation of property rights, the administration of justice, the enforcement of court decisions, and labour relations. Methods: To achieve the goals of the research, general scientific and special methods of scientific research were applied, such as comparative-legal and semantic-structural methods and the method of grouping, analysis, synthesis, and generalization. Results and Conclusions: The introduction of the martial law regime throughout the territory of Ukraine affected all spheres of life and, as a result, requires adaptation to modern realities. In particular, this consists of changes to the current legislation because the martial law regime involves the restriction of certain constitutional rights and freedoms of persons and the introduction of new mechanisms – for example, the suspension of labour relations, changes in the jurisdiction of courts for the possibility of justice, expanding the competence of private executors, and even making changes to the regulations of ICAC due to the impossibility of sending documents by mail, as well as allowing process participants to personally participate in meetings.
Alternative Dispute Resolution (ADR) mechanisms include several procedures that allow parties to resolve their disputes out of court in a private forum, with the assistance of a qualified neutral intermediary of their choice. Arbitration and mediation are one of the most popular institutes of alternative dispute resolution. This article analyzes the legal, social, and cultural prerequisites for the development of the institutes of arbitration and mediation in Lithuania and Ukraine.
International commercial arbitration (ICA) is an alternative way to resolve foreign economic disputes. Initially, arbitration itself was seen as a neutral court in which the parties to the dispute were independent of national courts. Arbitration agreements and decisions must be recognised by national courts without any complications or review procedures. Although granting commercial parties some independence to agree that their dispute will be considered by independent arbitrators is a key principle in ICA, the struggle for supremacy between national laws and national courts on the one hand and the autonomy of the parties and the independence of the international arbitration system on the other continue. Over the years, national laws have sought to control, regulate, interfere with, or support ICA in various ways. To counter attempts to ‘localise’ ICA and promote equality in this area, private, professional institutions and international and intergovernmental organisations have developed a significant body of law designed to ensure self-government and dispute settlement procedures in ICA. Nevertheless, international commercial arbitration cannot exist independently of national jurisdictions. Examining the activities of ICA, it can be seen that the importance and impact of national arbitration laws and national judicial supervision are significantly reduced, but the lex fori still plays an important role in arbitration. Thus, the reform of the normative regulation of international arbitration also affected Ukraine. The article analyses the radical changes proposed by the legislator regarding the procedure for establishing institutional arbitrations, expanding the arbitrability of disputes.
Topicality. The relevance of the problem considered in the article is caused by the absence of the definition of the legal status of the participants in the relationships between the medical institution and the patient, as well as the object of this relationship, and the content of the “medical error” concept. The purpose of the article. The aim of the article is to examine the legal status of the participants to the said relations (the medical professional and the patient), to determine the object of such legal relations and to define what constitutes the so-called “medical error”. Research methods. The article provides a general overview of the legislation regulating the provision of medical services. The main features that characterize the person as a patient under the contract for the provision of medical services are determined. The practice of national courts is analyzed in the article in order to identify common problems with the application of legislation on compensation for damage caused by a “medical error”. Apart from that, the author focuses on the legal status of the parties to the agreement on the provision of medical services. Results. The provision of medical care and services is aimed at the preservation of human life and health, which benefits not only the interests of the patient himself and his family members, but also in the long run the interests of the state and society as a whole. The relations between the medical institution and the patient are governed first and foremost by the norms of civil law, which means that legal disputes arising out of these relations (e.g. if the patient is harmed due to his physician’s failure to exercise due care) are considered as civil cases. The findings propose to determine the legal status of the healthcare professional and the patient, as well as to ensure the mandatory professional representation of patients in cases of “medical errors”.
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