Justice for Judges in Ukraine: Looking for Peace and Strong Judiciary Institutions in a Sustainable Society

Rudenko, Mykola; Malinovska, Iryna; Kravtsov, Serhij

doi:10.14207/ejsd.2021.v10n1p339

Cited by 6 publications

(3 citation statements)

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“…In our opinion, there are a number of factors that hinder Ukraine's transition to a digital economy, namely: lack of mutual exchange between the data of about 100 registers of Ukraine; lack of automated notary workplace; lack of remote authorization of clients with an electronic digital signature or ID-card; lack of legislative regulation for the creation of an electronic register of notarial acts and electronic notarial archive, lack of automatic creation of a notarial document; and a number of other technological gaps, which is responsible for servicing civil circulation. In addition, it should be borne in mind that all the above points, which are absent in our country, are available in most Latin notarial states, including post-Soviet countries (Rudenko et al, 2021).…”

Section: Discussionmentioning

confidence: 99%

Preventive function of a notary in the legal system of society

Gusarov,

Oleksandrivna Shchokina,

Mykolayivna Cherevatenko

et al. 2023

Doc. instrum.

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As Ukraine has chosen the European vector of development, the legal status of the notary as the subject providing protection of the rights and lawful interests of citizens deserves special attention. Due to the insufficient level of legal literacy among the population, the legislator imposes on the notary the duty to implement a preventive function, namely to explain to persons their rights and responsibilities, warn of the consequences of notarial acts, and most importantly, assist individuals and legal entities in protection and the realization of their rights and interests. This function has recently become increasingly important, as the notary, certifying transactions with the participation of the parties, should help prevent offenses. In particular, its activities are aimed at preventing conflicts and disputes in civil law relations, both when concluding a transaction and those that will arise in the future. To achieve the objectives outlined in this study, methods of analysis, dialectical, anthropological, functional, documentary analysis and others were used. The aim of the work is a comprehensive general theoretical and applied study of the legal nature of the functions of the notary, including preventive function, as well as substantiation of the main directions of legal regulation of the notary in Ukraine in modern state transformations, development of relevant scientifically sound proposals and recommendations.

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Section: Discussionmentioning

confidence: 99%

Preventive function of a notary in the legal system of society

Gusarov,

Oleksandrivna Shchokina,

Mykolayivna Cherevatenko

et al. 2023

Doc. instrum.

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“…In its decision, the ECtHR recalled that judicial officials have a duty to exercise restraint in exercising their freedom of expression in all cases where the authority and impartiality of justice may be called into question. 17…”

Section: The National Conception Of a Judge's Communicative Behaviourmentioning

confidence: 99%

Limits of a Judge’s Freedom of Expressing His/Her Own Opinion: The Ukrainian Context and ECtHR Practice

Khotynska-Nor

Prof

2021

AJEE

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This paper examines the degree of permissible interference with a judge’s freedom of expressing his/her own opinion and convictions. A question is raised about the limits of a judge’s freedom of expression and discretion of the state in establishing his/her communicative behaviour, taking into account the established practice of the European Court of Human Rights (hereinafter ECtHR, the Court). Understanding these limits is important not only for individual judges but also for society as a whole, as restrictions on freedom of expression may affect the state’s perception of the rule of law. Systematic analysis of the key documents that regulate the issue of freedom of expression of a judge in Ukraine allows us to identify several spheres of imperative regulation of a judge’s behaviour in the context of communicative activity: during the administration of justice (in court procedure); in public speeches, particularly in the media; during the implementation of other activities not prohibited for the judge – literary, scientific, educational; during Internet communication; in everyday life. ECtHR case-law in the context of assessing the limits of a judge’s freedom of expressing one’s opinion develops in two directions. In the first, the judge’s freedom is considered in the context of Art. 10 (freedom of thought, conscience, and religion, freedom of expression, and freedom of assembly and association) of the European Convention on Human Rights (hereinafter ECHR, the Convention). In the second, the right to freedom of expression is limited to the right to a fair trial of others (in the context of impartiality and independence of a court within the meaning of Art. 6 of the ECHR). In general, the matter of judicial evaluation was the statements of judges concerning cases that were in their proceedings; those criticising judicial reform measures and other administrative actions; those which criticised their colleagues. The results of the analysis allow us to conclude that, despite the different preconditions, different circumstances, and varying implementation reflections, the freedom of a judge to express his/ her opinion is limited by his/her special status as a state servant (in a broad sense). Where the boundary is in a particular case should be determined by considering the specific circumstances. However, national law enforcement authorities must develop their own criteria for assessing the balance of public and private interests in a judge’s communicative behaviour

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“…On the other hand, the study identified the problematic nature of corruption and the lack of transparency in the functioning of the state apparatus. Another problematic aspect was the ambiguity of the legislation, which often leads to unclear distribution of powers and competencies between different levels of government (Rudenko et al, 2021).…”

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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Justice for Judges in Ukraine: Looking for Peace and Strong Judiciary Institutions in a Sustainable Society

Cited by 6 publications

References 1 publication

Preventive function of a notary in the legal system of society

Preventive function of a notary in the legal system of society

Limits of a Judge’s Freedom of Expressing His/Her Own Opinion: The Ukrainian Context and ECtHR Practice

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