Evolution of Electronic Service of Court Papers in Polish Civil Procedure

The aim of this article is to analyse the origins of differentiation of guarantees that are derived from the principle of due process in regulation of administrative sanctions and the problems caused thereof. In order to reach this aim, the following objectives are established: 1) to reveal the regulation of the guarantees that are derived from the principle of due process in administrative sanctions; 2) to evaluate the validity of analysed regulations and its compatibility with applicable law; 3) to analyse the problems caused by the current legal regulation. The object of the analysis is the legal regulation of guarantees that are derived from the principle of due process int the Administrative Violations Code (AVC) and specialised laws. The factors that influenced the differentiation of guarantees that are derived from the principle of due process (or its reduction) in administrative sanctions are evaluated. The analysis revealed that the guarantees that are derived from the principle of due process are defined as lacking particularity and a proper system, incompatible with the Convention and thus inconvenient in situations when a person is charged with administrative violation.

Eugeniusz Waśkowski is regarded as an eminent Polish civil law and lawsuit specialist of the procedure of law, although he did not live in Poland until 1924 when he turned 58. His earlier years were spent in the Russian Empire and in Bolshevik Ukraine. In Russia he was one of the most respected specialists of the procedure of law and of the civil law, and his works have continuously been reissued in the last 30 years. He arrived in Poland when the works on civil procedure had reached an advanced level. Probably as a result of this, he was not included in the work of the Codification Commission on the Polish civil procedure, although he became a member of it in 1928. This does not mean, however, that he did not have any influence on the Polish civil procedure – which is the subject of the article. The research described in the article shows that the comments made by Waśkowski in 1928, in relation to the draft of the civil procedure developed by the Codification Commission of the Republic of Poland, often corresponded to the changes introduced into the draft according to the later draft of 1930. This was established by comparing the wording of individual provisions resulting from the draft developed by the Codification Commission of the Republic of Poland to which Waśkowski referred, the content of Waskowski’s comments of 1928 and the content of the draft in the redaction published in 1930 and the codes of civil procedure of 1930 and 1964. Dealing with these changes is important and may be of practical significance, since the vast majority of the provisions in the wording given to them in the 1930 draft of civil procedure became law as of 1 January 1933. Subsequently, many of them were transferred directly or with amendments to the Civil Procedure Code of 1964 currently in force.

Article 12 (1) of the Korean Constitution accepts the principle of due process as a constitutional principle. The principle of due process stipulates the basic principle that criminal proceedings should be regulated in terms of guaranteeing basic rights. Therefore, if the investigation by the investigative agency violates the principle of due process, it is illegal. An investigation may conduct an investigation necessary to achieve its purpose (Article 199 (1) of the Criminal Procedure Act).
 However, even if the necessity of such an investigation is recognized, it cannot be allowed if the means of the investigation are not equivalent to the purpose. As a general principle of investigation, the principle of considerability of investigation or proportionality of investigation is derived from the principle of due process. Specifically, the means should be suitable for achieving the purpose of the investigation (the principle of suitability), and the necessary means with the least infringement (the principle of minimum infringement), and there should be a balance between the benefits of achieving the purpose of the investigation and the benefits infringed by the investigation (the principle of balance).
 Currently, drug crimes have difficulties in detecting criminals and collecting evidence due to the wider area and the trend of intelligence due to informatization. As a means of this, the need for a trap investigation will increase further. Nevertheless, it should be legally allowed only to the extent that it complies with the principle of due process and the principle of considerability or proportionality of investigation under Article 12 (1) of the Constitution.

Right to a hearing as a manifestation of the principle of equality of parties and participants in civil proceedings Introductory RemarksThe Constitution of the Republic of Poland contains many principles, including those applicable to civil proceedings.One of these principles is the principle of equality before the law.The constitutional principle of equality before the law guarantees not only equality before the law but also the right to equal treatment by public authorities (Article 32(1) of the Polish Constitution). 1 This principle is understood to mean that all subjects of the law characterised by a given essential feature are to be treated equally and that differences between subjects of the law should be applied to differences in treatment that result from the law. 2 The principle's counterpart under the Civil Procedure Code is the principle of equality of the parties and participants in the proceedings, also known as the principle of equality of the parties and participants in the proceedings 3 or the principle of equality and hearing of the parties. 4One of the important manifestations of the implementation of this principle in civil proceedings is that the parties and participants in the proceedings are guaranteed the right to be heard during the proceedings.In doing so, the right to be heard is also of utmost importance to guarantee that the parties or participants in the proceedings can participate in fair proceedings.A restriction or deprivation of this right can lead to far-reaching procedural consequences.It is 1 See comments on this principle in the jurisprudence of the Constitutional Court, M. Ziolkowski, Zasada równości w prawie [Principle of equality in law], PiP 2005, z 5, p. 94 et seq. 2 See J. Falski, Ewolucja wykładni zasady równości w orzecznictwie Trybunału Konstytucyjnego [Evolution of the interpretation of the principle of equality in the jurisprudence of the Constitutional Tribunal], State and Law 2000, no. 1, p. 52. 3 See, inter alia, E. Waśkowski, System procesu cywilnego [Theoretical introduction.Principles of rational court system and civil trial], Vilnius 1932, pp.

The subject. The impact of online communication technologies used in the civil process on its procedural form is analyzed.The purpose of the study is to assess whether the introduction of digital tools corresponds to the basic principles of the civil process, its principles, and how this may affect compliance with the civil procedural form.Methodology. The author uses systemic approach to interpretation former legal studies concerning issues of digitalization of civil procedure. Formal legal analysis of Russian legal acts is applied also.Main results. The author substantiates of the necessity of analyzing the introduction of new technologies into the civil process from the standpoint of the effectiveness of achieving the purpose of justice. Modern technologies provide a huge or even endless range of possibilities, and not all digital tools are necessary for the civil process. The possibility of fully remote participation in court proceedings entails some "dying out" of procedural rituals, which simplifies the civil procedural form. Any implementation of digital tools should be evaluated in terms of the effectiveness of achieving the goal of justice, which is to protect a violated subjective right or legally protected interest.Conclusions. In the context of the digitalization of the civil process, remote forms of participation in court hearings transform the procedural framework, simplifying and optimizing it. These changes are enhancing the transparency and accessibility of justice, being largely technical in nature. These changes do not affect the achievement of the main goal of justice – the protection of violated or disputed rights, freedoms and legitimate interests.

The article presents the results of the author’s dissertation research on legal responsibility in the civil procedure. The author substantiates the conclusion of the broadest interpretation of the civil procedure, according to which it should include: 1) judicial civil procedure: civil procedure, arbitration procedure, administrative procedure (legal proceedings); 2) out-ofcourt civil procedure: notary, enforcement proceedings, mediation, pre-trial conflict resolution, arbitration. Legal liability in civil proceedings should be understood as a type of state coercion, which consists in the subject of civil proceedings undergoing the adverse consequences provided for by the rule of law for a procedural offense committed by them in civil proceedings. The author also distinguishes between the concepts of responsibility in civil proceedings and civil procedural responsibility. Civil procedural responsibility should be understood as a subspecies of procedural responsibility, which is the obligation of the subject of civil procedure to undergo adverse procedural consequences provided for by the norm of civil procedure law, affecting the course of the procedure, for the procedural offense committed by him. Accordingly, it is proposed that court fines, performance fees, and compensatory (legal) liability (payment of court expenses, compensation for actual loss of time) should be attributed not to procedural, but to material and legal liability implemented in civil (civil) proceedings. The general state of implementation of civil and procedural liability measures in various branches of the civil procedure is clearly demonstrated in the form of a comparative table.

The purpose of the research. The article deals with the actual problem of payment for expertise in civil and arbitration proceedings. Legal norms in terms of payment for expertise, their transformation, and influence on the legal position of a forensic expert are analysed. The purpose of the study is to identify the existing gaps of legal regulation affecting the mechanism of payment for expertise, as well as the author's proposals for their settlement by making appropriate changes in the legislation. This is necessary to improve the mechanism of payment for expertise in civil and arbitration proceedings. Results. As a result of the conducted research, the author concludes that recent changes in the civil procedural legislation, in terms of assigning a forensic examination only after depositing money to the court deposit, if there are no grounds to assign it at the expense of the budget, have significantly improved the position of the expert, but still a number of issues remain unresolved. Expert organizations often face the problem of receiving money from the court deposit without a reason and sufficient grounds for such delay. The author concludes that the problem of payment for expert examinations in civil and arbitration proceedings should be approached in a differentiated manner, supplementing the legislation with special mechanisms dedicated to the payment of remuneration to the expert.

The article studies the specificity of the action of certain principles of civil procedure due to the introduction of information and digital technolo gies in civil procedure. The implementation of digitalization in justice implies adaptation to changes in the implementation of most of the fundamental prin ciples of civil procedure, such as the independence of judges, legality, trans parency of court proceedings, equality and adversarial nature of the parties. Consideration of a civil case through videoconference and web-conference is based on peculiar forms of action of the principles of oral and directness of the trial, adversarial proceedings, which requires additional legal regulation in a separate chapter of the Code of Civil Procedure of the Russian Federation. The main advantages of informatization of the sphere of justice is the timeliness of the implementation of rights and obligations of participants in civil proceedings. The introduction of information technologies in civil proceedings contributes to the effective implementation of the principles of independence of judges, publicity of court proceedings, making the activities of the court more open to public scrutiny. Modern processes of informatization and digitalization in justice require solv ing the problem of ensuring information security in civil proceedings.

The scientific work formulates a doctrinal approach regarding the need to separate executive proceedings from the passport of specialty 12.00.03, in particular, from such a research area as civil process and substantiates the need to give the executive process the status of an independent branch of legal science, taking into account the changes that have taken place in the organizational structure of law enforcement agencies implementation and availability of scientific works on this topic. Emphasis is placed on the conceptual apparatus that relates to the enforcement of court decisions in such fields of science as civil and executive proceedings, the need for its coordination, based on the analysis of inter-branch relations. The relevance of this problem is demonstrated by the example of the need for legislative regulation of the procedure, methods and terms of enforcement of a court decision both in civil proceedings and at the stage of executive proceedings. The authors defined the content of the main concepts «method» and «procedure» of execution of a court decisionin the legislation on executive proceedings and in the civil procedural legislation. It was clarified that these concepts should be demarcated and fixed at the legislative level, that the procedure for the execution of the decision is established by the Law of Ukraine «On Executive Proceedings», and the method of execution of the decision is the court. Therefore, the meaning of the application of such a concept as «method of execution of the decision» will be that it should be different from all the proceduresestablished in the Law, that is, it should be reflected in the court decision.If we recognize the terms «method» and «procedure» as independent and related to a certain legal meaning, then in order to distinguish between the concepts of «method» and «procedure» of execution of a decision, the term «method» of application of a certain court-established procedure for the execution of a court decision should be recognized, which has no analogues in the Law, while the term «order» will mean the rules of execution of the decision established in the Law.Problematic aspects of postponement and postponement of the execution of a court decision are revealed: inter-branch connections of civil justice with executive proceedings and the justified expediency of unifying these terms in the Code of Criminal Procedure and the Law of Ukraine «On Executive Proceedings». «Delay of execution of a decision» means postponement of the execution of a decision under certain conditions. Depending on the time at which the court sets the postponement of the execution of the decision, completely different legal consequences may occur. In this case, by time, the authors mean the stage of consideration of the case, since in order to reflect in the court’s decision the provision on delaying the execution of the decision, the relevant request (statement) must be submitted by the debtor during the consideration of the case. There are two legal ways out of this situation, when the court cancels the postponement of execution of the decision, it can: 1) establish that the court decision is subject to enforcement; 2) if it is established in the courtdecision that the postponement is canceled, then the enforcement of the decision must be carried out by foreclosing on the debtor’s property. In the first case, when the court establishes installments in the court decision, the subsequent execution of the decision will refer to Section IX of the enforcement of the debtor’s salary, pension, stipend and other income. When the installment was established by the court after the decision on the basis of Art. 435 of the Code of Civil Procedure, then the executorwill first apply for the recovery of the debtor’s property, and after the court establishes a postponement, the proceedings must be reclassified to the procedure for the recovery of wages, pensions, scholarships and other income of the debtor. But in the latter case, the costs of enforcement proceedings should be added to the amount of the debt.An important issue regarding the essence of «claim security» and its distinction from «judgment enforcement» was also analyzed. Any security of the claim must be reflected in the court decision, but it should already be about ensuring the execution of the decision, therefore the concept of «security of the claim» should be transformed into the concept of «security of the execution of the decision».A thorough analysis of current issues of immediate implementation is provided judicial decision in practice, theoretical approaches and the need for proper legislative regulation both in the Code of Civil Procedure and in the Law of Ukraine «On Executive Proceedings» are formulated, in particular, generalized conclusions and proposals on the need to regulate inter-branch relations between the civil and executive process.

Polish civil procedural law is still the subject of numerous legislative changes. Only in recent years the Code of Civil Procedure has been amended over 30 times. These changes resulted from various reasons. Firstly, from the need of implementation of EU procedural law. Secondly, they were the result of the introduction of provisions aimed at adapting the code to modern technologies. Thirdly, changes aimed at speeding up the hearing of a civil case and at introducing some instruments to strengthen the protection of public interest in judicial proceedings. This article focuses on three selected examples and presents the discussion of the disputable issues that they have already arisen. Firstly, the topic of electronic process activities. It presents electronic pleadings, electronic delivery in trial, electronic judicial protocol and the possibility of presenting grounds of judgment in electronic form. Secondly, the new institution of a judgement rendered at closed session (in camera) was discussed. Thirdly, the article describes a new extraordinary complaint against final judgement, which can challenge any !nal judgment of a common court as a result of a prosecutor’s or other public-interest entity’s initiative.

Introduction: Recent case law of the new Supreme Court has pointed to the possibility of limiting the jurisdiction of courts in civil cases due to incorrect identifi cation of the defendant. Thus, in a labor dispute over the plaintiff ’s reinstatement as a schoolteacher, the Supreme Court closed the case because the lawsuit was fi led not against the school but directly against the school’s principal, whose actions the plaintiff challenged. This approach of the Supreme Court to civil jurisdiction is new and has not been the subject of scholarly research, in particular in terms of the legal impossibility of civil proceedings, which courts cannot consider at all, in particular due to inadequate subjective composition of the parties, if the defendant specifi ed an offi cial. The aim of the article: The aim of the article is to scientifi cally and practically analyze the issue of improper subject composition of the parties in a civil case as a new basis for limiting judicial jurisdiction through the prism of the problem of an offi cial as an improper defendant in civil proceedings, and formulate conclusions on legal possibility (impossibility) of consideration of claims fi led against an offi cial. Results: Based on the analysis of the theoretical foundations of civil procedure and judicial practice, the status of the improper defendant and the procedural consequences of fi ling a lawsuit against him are revealed. The issue of participation in the civil case of «offi cials – defendants» as participants in civil procedural relations and the procedural consequences of such participation are reviewed. It is established that exactly in a lawsuit it is embodied the substantive legal claim of the plaintiff , the elements of which are the subject, grounds and parties. In view of this, the existence of civil litigation can be denied only if the parties (plaintiff and defendant) do not have civil procedural capacity (excluding the ability to have civil procedural rights and obligations of the party), which excludes the existence of the party as participant in the case. Since all natural and legal persons have civil procedural legal capacity, the indication in the lawsuit as a defendant of any natural or legal person and provided it was determined the subject of the claim civil relations, and the basis – the existence of a legal dispute (regardless of legality or proof determination of the defendant), this legally causes a violation of civil procedure with the possibility of further replacement of the improper defendant. In addition, since both the plaintiff and the defendant are parties to a civil case only as a natural person or legal entity, even if the defendant stated in the statement of claim an offi cial, such an offi cial is a party to civil proceedings as a natural person. Consequently, the offi cial – defendant acts as a participant in a civil case as a natural person, regardless of position or place of work, because another status natural person – the defendant in accordance with the provisions of procedural law in civil proceedings can not have. Conclusions: It is proven an incorrect approach, which denies the legal possibility of considering claims against the defendant – offi cial, because such a defendant (individual in the status of offi cial) is a party to a civil case on the basis of his civil procedural capacity as an individual. It is concluded that for civil proceedings the presence of a status of offi cial may not be relevant to determine the possibility or impossibility of consideration by the court of a claim against such an offi cial, even if he is an improper defendant, if the relevant legal dispute falls within the jurisdiction of the court and the plaintiff has the right to go to court with such a claim. Key words: civil proceedings, civil case, parties, improper defendant, offi cial, judicial jurisdiction, restrictions, claim.

In the Constitution of the Republic of Azerbaijan, ensuring the rights and freedoms of man and citizen, a decent standard of living for citizens of the Republic of Azerbaijan is called the highest goal of the state. The protection of human rights and freedoms proclaimed by the Constitution is considered the responsibility of the legislative, executive and judicial branches. The judicial form of protection of civil rights among the listed bodies is the most important. Judicial protection of human rights and freedoms is directly related to the violated right and, depending on many other factors, is carried out through constitutional, civil and criminal proceedings and other methods provided by law. Minors constitute a significant part of the population of the Republic of Azerbaijan (more than 30%) and the protection of their rights is a primary task of the state, society and family. Guarantees of judicial protection of the rights and interests of minors are enshrined both in the provisions of the Civil Procedure Code of the Republic of Azerbaijan and in the procedural norms of some substantive legislative acts (Family Code, Civil Code, Labor Code, etc.). It should be noted that although the European Convention on the Exercise of Children's Rights of 1996, which mainly regulates the civil procedural rights of minors, has not been ratified by the Milli Majlis of the Republic of Azerbaijan, the procedural rights of children in civil proceedings are sufficiently enshrined in the relevant national legislation. According to statistics from the Ministry of Justice of the Republic of Azerbaijan, the number of civil cases considered in courts affecting the rights and interests of minors is increasing from year to year. The vast majority of these cases are related to divorce, establishment of paternity or recognition of paternity in court, as well as adoption or cancellation of adoption. In this regard, the role of judicial bodies in ensuring the violated rights of minors, in regulating social conflicts and family disputes is extremely important. The article examines the constitutional and international legal foundations for the participation of minors in civil proceedings, as well as the mechanisms for their regulation provided for by the relevant legislative acts of the Republic of Azerbaijan. Key words: civil procedural law, family law, civil proceedings, divorce, minors, judicial protection, civil claim, rights of family members, former family member, juvenile justice, right of communication, parental rights.

While money laundering continues to remain a big problem for Albania due to its link to corruption, organized crime, potential terrorist threats and the continuing informality of the Albanian economy, the latest legislative changes in this regard to the law on the legal profession in Albania interfere with the individual’s constitutional and Convention right to a defense lawyer and the lawyer-client privilege. This article tries to examine the conditions that necessitated such legislative changes, the proportionality of the interference on the lawyer-client relationship and its impact on individual’s right to a defense lawyer. The article tries to analyze and weight the importance of the special fiduciary relationship between the lawyer and his client vis à vis state’s interest in the fight against money laundering. This paper tends to address the scope of the lawyer-client privilege and a lawyer’s duty of confidentiality of communications with his client; the circumstances under which a lawyer is legally required to report suspicions on his client’s involvement in money laundering activities; the position of the lawyer in case he files a money laundering report against his client; whether the lawyer should inform his client on the report; whether the changes on the law on the legal profession affect the lawyer-client relationship in terms of protecting privileged or otherwise confidential communications; whether there are any guidelines/rules of professional conduct on the steps a lawyer has to follow in order to fulfill his obligation to report money laundering activities; whether the interference justified and whether the legal provisions in force offer sufficient guaranties for the protection of privileged information or the confidentiality of communications.

Currently the directions for the development of modern civil procedural law such as optimization, facilitation, forwarding proceedings promoting the increase of the civil procedure efficiency factor are of peculiar importance. Their results are occurrence and functionality of simplified proceedings system designed to facilitate significantly hearing some categories of cases, promotion of their consideration within reasonable time and reduce legal expenses so far as it is possible. The category “simplified proceedings” in the native science of the procedural law is underexamined. A good deal of scientists-processualists were limited to studying summary (in the context of optimization) as a way to improve the civil procedural form, summary proceedings and procedures functioning in terms of the mentioned proceedings, consideration of case in absentia as well as their modification. Among the Ukrainian scientist who studied some aspects of the simplified proceedings are: E. A. Belyanevych, V. I. Bobrik, S. V. Vasilyev, M. V. Verbitska, S. I. Zapara, A. A. Zgama, V. V. Komarov, D. D. Luspenuk, U. V. Navrotska, V. V. Protsenko, T. V. Stepanova, E. A. Talukin, S. Y. Fursa, M. Y. Shtefan others. The problems of the simplified proceedings were studied by the foreign scientists as well, such as: N. Andrews, Y. Y. Grubanon, N. A. Gromoshina, E. P. Kochanenko, J. Kohler, D. I. Krumskiy, E. M. Muradjan, I. V. Reshetnikova, U. Seidel, N. V. Sivak, M. Z. Shvarts, V. V. Yarkov and others. The paper objective is to develop theoretically supported, practically reasonable notion of simplified proceedings in the civil process, and also basing on the notion of simplified proceedings, international experience of the legislative regulation of simplified proceedings, native and foreign doctrine, to distinguish essential features of simplified proceedings in the civil process and to describe them. In the paper we generated the notion of simplified proceedings that shall mean a specific, additional form of consideration and solution of civil cases that is based on the voluntary approach to its use, characterized by the reduced set of procedural rules and ends with rendering a peculiar judicial decision. Moreover, the most common features of summary proceedings are highlighted. Simplified proceedings as a specific form of consideration of dispute regarding civil law and as a special way to optimize legal proceedings is provided with a set of peculiar features that distinguish them among the other proceedings. Therewith, the analyzed features shall be defined as basic, in other words, such features peculiar to the certain kind of proceedings during its development and direct application to the civil procedural law.

This paper presents the transition from the Liberal Classical State to the Contemporary State, sketches a brief history of that process and describes the concept of law and procedure in each one of these states, highlighting the liberal rationalist paradigm and neoconstitutionalism. Then it analyzes the principle of judicial control, discussing its history and current design in the light of the effectiveness of adjudication and the needs of the Contemporary State. It concludes by presenting the findings of these reflections on the principle of due process, stressing the need for action appropriate to the concrete case for an effective protection of substantive rights.Key words: constitution, access to justice, fundamental rights, contemporary State, civil procedure, constitutional principles of procedure.