Correlation of mediation as an alternative way to protect civil rights and interests and tort liability

Inna, Horislavska

doi:10.31548/law/1.2023.23

Cited by 4 publications

(2 citation statements)

References 20 publications

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“…However, the authors do not emphasise that it involves conflict resolution with the direct participation of the parties, which makes it possible to find a solution that will satisfy both parties. One of the forms of restorative justice is mediation (Horislavska, 2023). According to T.H.…”

Section: Introductionmentioning

confidence: 99%

Untitled

2024

SLS

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The relevance of this study is determined by the current instability of the global political climate in the world and the outbreak of a number of military conflicts, which necessitates the study of the mechanisms of activity of structures that protect the interests of the population and the state. Thus, the purpose of the paper is to analyse the algorithm for the activities of civil defence authorities, particularly in wartime conditions. Among the methods used are the methods of logical analysis, deduction, synthesis, induction, functional analysis, analogy. This study provides a detailed analysis of the importance and key role played by civil protection agencies in addressing the challenges of protecting, ensuring security and developing society. The importance of their function lies in the effective implementation of strategies aimed at protecting the population and the state in times of threat and danger. The analysis in this paper takes into account the various components necessary for the successful management of various types of warfare. This includes the study of effective strategies for interaction and coordination between civil protection authorities and military command and control. Particular attention is paid to the key factors that determine the effectiveness of the organisation of interaction between military authorities and protection commissioners. Similarly, significant was the analysis of the demand for the resolution of qualitative foresight implementation tasks. Accordingly, an algorithm that will provide a more detailed and relevant examination of the wartime operational algorithm of the governing bodies has been developed. The practical value of the obtained results is that it will increase the appropriate level of combat alertness, the guarantor of the protection of the national interests of the state and its population, its territorial integrity and will generally raise the level of effectiveness of the relevant bodies considered

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Section: Introductionmentioning

confidence: 99%

Untitled

2024

SLS

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Section: Introductionmentioning

confidence: 99%

Mediation as a conflict resolution tool in criminal proceedings in the context of martial law

Khovpun,

Kichuk,

Petrenko

et al. 2024

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The research relevance is determined by the need to develop alternative dispute resolution methods to improve the mechanism of protection of citizens’ rights in the context of a full-scale invasion. Therefore, the study aims to analyse the institution of mediation in criminal proceedings with due regard to the peculiarities of martial law. A range of methods were used for this purpose, namely, formal legal analysis logical analysis, legal hermeneutics, dogmatic method, logic and functional analyses. The study revealed that mediation is used in criminal proceedings only to reconcile the victim with the suspect. This procedure can solve the problem of overloading the courts and potentially delaying the resolution of disputes. As noted, under current legislation, a reconciliation agreement in criminal proceedings for domestic violence can only be concluded at the initiative of the victim; it was determined that it is necessary to provide that the relevant initiative for mediation in cases of such offences should also come from the victim. As suggested, legislative provisions should include mandatory participation of the victim’s representative in criminal proceedings in case the court decides to release the victim from serving a sentence with probation, substitute the remaining part of the sentence with a lesser one, or grant early release from serving a sentence. The ways to improve human rights guarantees in the mediation procedure under martial law were considered. The practical significance of the results obtained is to provide recommendations for improving the modern mechanism of this institution in criminal proceedings

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Impact of European integration processes on judicial reform in Ukraine

Yara

2024

Ûridičnij Časopis Nacìonalʹnoï Akademìï Vnutrìšnìh Sprav

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The research relevance is determined by the European integration and identification of gaps and shortcomings arising in the process of harmonisation of Ukrainian legislation with the legal standards of the European Union, providing improvement areas. The study aims to characterise the reform of Ukraineʼs judicial system in the context of European integration. The following research methods were used in the study: systemic and structural, comparative legal, formal legal, and systematisation methods, as well as methods of synthesis, analysis, and generalisation. The study established that the judicial reform launched in 2016 is linked to Ukraineʼs plans to become a full-fledged member State of the European Union. It is determined that under the legal regime of martial law, some processes of reforming the judicial system to the standards of the European community may be slowed down. It is noted that the Copenhagen criteria, especially chapters 23 and 24, are among the key definitions for the implementation of justice and the judiciary in a country which is a member of the European Union. The analysis added that to accelerate the European integration processes in Ukraine, composition renewal of the Constitutional Court of Ukraine should be undertaken. The need to establish transparent qualification requirements for judges and modernise the selection process for the judiciary was outlined. The study concludes that it is necessary to fully launch the High Qualification Commission of Judges of Ukraine, which is one of the key bodies of judicial self-government. The effective operation of this body is essential for maintaining the judiciary at a high professional level and ensuring compliance with the standards of justice. Furthermore, the study stressed the importance of continuing to effectively combat any manifestations of corruption in the activities of the judiciary and the judicial system as a whole. The study materials can be used to improve the functioning of the judicial system in Ukraine

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Correlation of mediation as an alternative way to protect civil rights and interests and tort liability

Cited by 4 publications

References 20 publications

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Mediation as a conflict resolution tool in criminal proceedings in the context of martial law

Impact of European integration processes on judicial reform in Ukraine

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