Certain Categories Of Cases Research Articles

Special Collegium Activities on Certain Categories of Cases (1934–1938)

Special collegiums operated in 1934–1938 as part of the Supreme Court of the USSR, the supreme courts of the Union republics, regional and regional courts, and the main courts of the autonomous republics. Their creation can be considered as an experiment in transferring cases of state crimes from non-curial to judicial authorities. The special collegiums activities were provided by the NKVD, special departments of the prosecutor’s office and the sector of special courts of the People’s Commissariat of Justice of the USSR. Their personnel consisted of former NKVD officers and nominees of local justice authorities. All this makes it possible to characterize them as bodies of special justice. The most notable cases considered by special collegiums were cases of anti-Soviet agitation (Article 58–10 of the Criminal Code of the Russian Federation), cases under the decree of the Central Executive Committee and the Council of People’s Commissars of the USSR dated August 07, 1932 («The Law on Three Spikelets») and cases of banditry (Article 59-3 of the Criminal Code of the Russian Federation). All of them were considered within the framework of the campaign justice model. It was characterized by an expansion and narrowing of the interpretation of the norms of substantive law. This allowed ordinary crimes and administrative offenses to be considered as state crimes. The penalties were regulated. This led to unstable judicial practice. The methods of «simplification», i.e., deviations from the norms of substantive and procedural law, were actively used. Obviously, by the middle of 1938, the experiment of depriving non-judicial bodies of judicial functions was considered unsuccessful and the special collegiums were liquidated.

The principle of ensuring the right to appellate review of a case and, in cases determined by law, to cassation appeal of a court decision as a fundamental (constitutional) principle of Ukrainian justice

This publication is aimed at studying the principle of ensuring the right to appellate review of a case and, in cases specied by law, to cassation appeal as a fundamental constitutional principle of Ukrainian judicial procedure, and at identifying the issues of its interpretation and implementation within the framework of civil proceedings, and at formulating conclusions and proposals aimed at resolving the identied issues and contributing to the improvement of judicial practice. The paper 1-rst denes the signicance of this principle for achieving the tasks of civil procedure and analyzes its place in the system of other principles of civil procedure. It is found that the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal does not compete with other principles of civil procedure, but organically complements them, allowing to correct judicial errors made, thereby guaranteeing the principles of legality, objective truth and others. The analysis of the name of the studied principle revealed a legislative narrowing of its content, used by the indication of the possibility of appealing a «court decision», while other legislative provisions and the practice of civil procedure indicate the possibility of appealing rulings and orders of the court. The e-ectiveness of the legislative approach to the comprehensive nature of the appeal is substantiated, with the exclusivity and extraordinary nature of the cassation review of court decisions that have entered into legal force and the e-ectiveness of existing mechanisms for implementing this provision (a wide range of subjects of the appeal, limitation of the cassation appeal for certain categories of cases, mandatory preliminary appeal of the court decision, etc.). A certain problem was revealed during the analysis of the civil procedure law norm regarding the denition of the objects of appeal in the aspect of its content presentation through the prism of its consistency with the constitutional norm (64 of the Constitution of Ukraine), according to which the limitation of constitutional rights and freedoms of a person and citizen should be provided for by legal norms, therefore, through the prism of consistency with this provision, it would be more logical to establish a prohibition on appeal in relation to each individual judicial act. Legislative work aimed at eliminating certain imperfections in the legal regulation will contribute to a more e-ective implementation of the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal in the practice of civil proceedings.

Mediation as a type of alternative dispute resolution: definition, advantages and disadvantages

The article analyzes the essence of mediation as one of the alternative ways of resolving disputes. The importance of alternative methods of dispute resolution as an institution of extrajudicial conflict resolution, which is a fairly popular method of protecting violated rights in most countries of the world, is emphasized. The author emphasized the proposition that mediation is not the only alternative way to resolve disputes, this group includes negotiations, arbitration, arbitration courts, independent assessment of facts, conciliation, medical-arb, etc. The actuality of the issue is determined by the fact that this institute is quite new for Ukraine, and is only now becoming widespread. The Law of Ukraine «On Mediation» is quite young, and the relevant legislative provisions are the latest for citizens. Doctrinal definitions of the concept of «mediation» are characterized, both on the example of European and Ukrainian legislation. The stages of mediation are highlighted. Examples of practical application of mediation between parties to a dispute are given. It has been established that mediation is an alternative way of resolving a civil dispute, which is aimed at reaching a mutually acceptable solution based on the mutually agreed will of the parties with the participation of an independent and impartial person (mediator). The use of mediation as a method of dispute resolution has certain advantages. First, saving money; secondly, the decision on the merits of the dispute is made by the parties themselves by mutual agreement; thirdly, saving time, since the preparation and consideration of the case in court is a longer process; fourth, confidentiality; fifth, preservation of partnership relations between the parties. The advantages and disadvantages of this type of alternative dispute resolution are analyzed. It was concluded that in order to spread mediation, it is necessary to create a wide circle of information about this topic, to raise the awareness of citizens about the presented type of alternative method of dispute resolution, to introduce mandatory mediation for certain categories of cases (for example, family, in particular, in the field of private legal relations), create a single register of mediators, organize special courses (specialization) for judges to develop approaches to resolving disputes, especially in the private law sphere.

Is it Possible to use Artificial Intelligence Technology in Judicial Protection of Copyright and Related Rights?

Digital technologies penetrate into many spheres of human activity. The accumulation of a large amount of information in digital form has given impetus to the development of technologies for its processing and analysis, including through artificial intelligence technology. Technical solutions are being created using artificial intelligence and for use in judicial activities. The introduction of digital technologies gives rise to additional questions and risks associated with the objectivity of the result, its fairness. It seems that the use of digital technologies can be initially tested on certain categories of cases and procedural actions.

Towards automated recommendations for drunk driving penalties in Poland - a case study analysis in selected court

Abstract Depending on the legal system, judges may have varying degrees of discretion in determining the type and extent of sentence that can be imposed for a particular offence. Nevertheless, it appears that even in systems traditionally considered discretionary, accepted patterns play a significant role in determining penalties, and judges utilize merely a limited spectrum of potential penalties in repetitive cases. Confirmation of the predictability of sentencing in certain categories of cases facilitates the possibility of automation. Utilising a computer program to assist judges in sentencing proposals based on input is feasible. This program can reflect the standard practice of sentencing penalties and punitive measures in a particular category of cases or rectify it, depending on the adopted sentencing policy. The objective of the article is to present findings from research that investigated whether a specific relation shapes the dimension of penalties and penal measures for cases concerning driving under the influence of alcohol in Poland, in the context of possible automation of the sentencing process. Another aim of this study is to provide an example of a straightforward mathematical recommendation model that tries to reflect both the discovered correlations in the data and the presumed intentions of legislators.

Citizens’ access to justice during the introduction and implementation of the legal regime of martial law in Ukraine

During times of martial law, access to justice may become limited. However, there exist generally accepted principles of international humanitarian law and European standards that mandate a state embroiled in conflict to safeguard human rights and access to judicial procedures. Hence, the issue of exercising the right to access justice is relevant. The purpose of this study was to investigate the functioning of the judicial system of Ukraine under martial law and its accessibility to citizens. The methodological framework of this study included the content analysis method, analytical, systemic and structural, dialectical, formal legal, and logical methods. The study examined the issues of access to justice under martial law in Ukraine, and the observance of all human and civil rights and freedoms guaranteed by the Constitution of Ukraine and other international instruments. The study focused on various decisions made by the authorities regarding the functioning of the judicial system of Ukraine: changes in the work of courts, restrictions on procedural guarantees and the conduct of certain categories of cases, redistribution of cases to courts that are closer to the territorial location and are likely to be safe, relocation of courts from the occupied territories or combat zones. Attention was focused on electronic document management and the work of the Electronic Court subsystem, etc. The study concluded that the judicial system of Ukraine did not cease to function; although access to justice during martial law may be restricted, it depends on a particular situation, the location of courts, legislation, and international obligations. The study focused on remote justice, which will ensure the proper safety of litigants and the quality of justice. The demand for remote court proceedings will grow over time, resulting in the modernisation of access to court. The practical significance of this study lies in outlining ways to improve the effectiveness of access to court in wartime conditions

Specialization of Judicial Activity in Foreign Legal Orders2

The article analyzes such a trend in the development of modern civil procedure as the specialization of judicial activity. The authors identify judiciary and judicial aspects of the specialization of judicial activity, different mechanisms of such specialization are given, their variability is justified. On the basis of the experience of different legal orders (Australia, England and Wales, Germany, India, Spain, Italy, Russia, USA, France, etc.) the forms of judicial specialization are shown. Thus, examples of functioning of independent courts for administrative, intellectual, labor, family, land, bankruptcy, financial, and patent disputes are shown. Mechanisms of judicial specialization are also formulated, in particular, branch division of procedural order of consideration and resolution of cases; division into kinds and subspecies of proceedings according to substantial-legal or procedural-legal feature; creation of procedural peculiarities of consideration and resolution of certain categories of cases caused by substantial-legal feature of a case; creation of procedural peculiarities of cases consideration in reviewing instances courts.

Мировое соглашение (соглашение о примирении) в публично-правовых делах

The article is devoted to the search for a criterion for the applicability of a settlement agreement in matters of a public law nature. The dual nature of the settlement agreement is shown, combining both substantive and procedural features. The properties of a settlement agreement as an act of public, procedural law arise at the time of its approval by the court — however, at present, the legislation does not contain an answer to the question of which cases are subject to settlement and which are not. The author’s criterion for determining the admissibility of a settlement agreement in public law cases is proposed: the criterion of abstract or specific public law enforcement. The issues of concluding a settlement agreement on certain categories of cases of a public law nature, as well as on cases that combine both imperative and dispositive legal regulation, are considered.

Про можливість проведення деяких видів експертиз у справах про дтп до відкриття кримінального провадження

The article examines the possibility of conducting some types of expert examinations in cases of road accidents before the opening of criminal proceedings, discusses the debatable issues related to the violation of the personal interests of the participants at the stage of opening criminal proceedings and the unjustified delay in making a decision to open criminal proceedings or to refuse them. The considered proposal to allow the conduct of certain types of forensic examinations at the stage of the opening of criminal proceedings for the purpose of verifying statements and reports about the commission of a criminal offense based on the current practice of appointing forensic medical examinations in certain categories of cases and conducting an inspection of the scene of the incident. The opinion was expressed regarding the lack of grounds for not granting permission to carry out an examination before the opening of criminal proceedings in view of the creation of a dangerous precedent of violation of the law in terms of the mandatory condition for conducting investigative actions only in open criminal proceedings. ​The appointment and conducting of an examination prior to the opening of criminal proceedings primarily refers to examinations on the facts of road accidents, when without the use of special knowledge it is practically impossible to establish the signs of the nature of the crime and to resolve the issue of opening criminal proceedings. ​The article concludes that conducting an examination before the opening of criminal proceedings does not violate the personal interests of the participants who have not yet received their procedural status at this stage. In contrast to the previous study, only the completion of the examination in full meets the legal requirements for the evidentiary resolution of special issues. In order to obtain evidentiary information when solving the question of the validity of opening criminal proceedings at the legislative level, it is proposed to provide for the possibility of conducting some types of examinations, in particular, during events related to fires, explosions, transport and technological accidents, etc.

Процессуальные особенности рассмотрения отдельных категорий гражданских дел

The article conducts a study of the procedural features of the consideration of certain categories of civil cases. The specifics of various categories of cases considered in civil proceedings require special attention and timely changes to the legislation to ensure timely and fair resolution of civil disputes. It has been determined that the legal mechanism for resolving civil disputes is built on a well-known two-element basis: pre-trial/extrajudicial, judicial. Ignoring this simple rule leads to overloading of courts, which does not contribute to the quality of their work. Special attention is paid to the study of issues of consideration of labour disputes. The problem of the timing of preparation and consideration of cases, which was significantly changed when the new Civil Procedure Code of the Republic of Kazakhstan was adopted on October 31, 2015, is disclosed in detail. The method of simplifying the resolution of civil disputes presented in the Code of Civil Procedure does not fully consider the nature and characteristics of cases of disputes arising from labour relations. As a result of the article, recommendations are proposed aimed at developing for certain categories of cases, in particular cases arising from labour relations, a separate procedural model for their resolution. Specifically in labour disputes, it seems possible to provide for shorter terms for consideration of the case. It is also possible to introduce special procedures to expedite the processing of cases depending on their industry category.

ЗАСТОСУВАННЯ ПРИНЦИПУ ДОБРОВІЛЬНОСТІ У ПРАВОВИХ МОДЕЛЯХ МЕДІАЦІЇ

The article is devoted to the research of the concept of the principles of mediation, the disclosure of the content of the principle of voluntariness of mediation and the definition of the problems of applying the principle of voluntariness of mediation in various legal models of mediation. It is determined that the principles of mediation are interrelated fundamental ideas that enable and define mediation as an alternative dispute resolution. The definition of the principle of voluntariness as one of the fundamental principles of mediation is formulated. The components of the principle of voluntary mediation are determined, which remain inviolable when mediation is mandatory and form its basis as a legal institution. The analysis of the foreign experience of the implementation of the mandatory model of mediation was carried out and the connection between the principle of voluntary mediation and the mandatory pre-trial model of mediation was shown. It is argued that the introduction of a mandatory pre-trial model of mediation for certain categories of cases does not deprive the parties of the right to apply to the court if necessary. The thesis regarding the expediency of enshrining at the legislative level in Ukraine the possibility of stopping the running of the limitations period when the parties to the dispute turn to mediation for the duration of its mediation to ensure unhindered access to the judiciary is substantiated.

THE RECOVERY OF UKRAINE IN THE FIELD OF JUSTICE: CHALLENGES AND PRIORITY GOALS

Background: Currently in Ukraine, a significant objective is to promote the construction of a peaceable and open society, ensuring access to justice for all. Such a system must be effective, accountable, and based on the broad participation of institutions at all levels. This article highlights some of the priority steps in the recovery of the justice system in Ukraine. Special attention is given to the priority goals and problematic aspects of the functioning of the institutions of the national justice system, given the declared aim of forming a sustainable justice system. Current challenges in the field of national justice, priority goals and appropriate measures for their achievement have all been analysed. Methods: To achieve the goals of the research, general and special scientific research methods were applied, such as comparative-legal and semantic-structural methods and the method of grouping, analysis, synthesis, and generalisation. Results and Conclusions: It has been established that the first priority goal of ensuring proper functioning of the judiciary is structural modernisation and optimisation of judicial authorities, including a comprehensive audit of the powers of bodies and institutions of the justice system in order to eliminate duplication of functions and ensure procedures for the effective use of resources. The following were substantiated as risks for achieving such a goal: controversial recognition of the impossibility of the state to be solely responsible for the duration of processes for updating the authorised composition of judicial governance bodies; proposals for the transformation of the system of professional training and professional development of judges; the lack of objective justification for the determination of judicial jurisdiction for the consideration of certain categories of cases; and proposals for recognising the long-term consideration in the parliament of the Draft Law on abolition of the Bar monopoly. Current trends in the development of functions of advocacy in Ukraine have been highlighted, including selective and inconsistent implementation of bar monopoly on representation of another person in court; restriction of the rights of the Bar self-government bodies in the field of forming judicial corps, extension of the state's control powers advocacy; and the search for an optimal model of governance of the advocacy profession. The key challenges of the prosecutor's office, and priority goals and measures for their achievement, have been highlighted. The possible risks of further reform of this institution due to the disputed constitutionality of its personnel, which were reset as a result of previous priority reform measures, have been emphasised, which may call into question the legitimacy of the new staff of the prosecutor's office and does not allow the assertion of the final completion of these processes.

THE IMPLEMENTATION OF THE PRINCIPLE OF JUDICIAL PROTECTION OF LOCAL SELF-GOVERNMENT RIGHTS IN THE NATIONAL COURTS’ PRACTICE: THE UKRAINIAN EXPERIENCE

Background: The article is devoted to the consideration of the principle of judicial protection of local self-government rights in the practice of the Supreme Court. The authors examined the constitutional and international legal guarantees of local self-government rights and emphasised that, compared to individual European states, Ukraine received the proper legal basis for the effective guarantee and protection of local self-government as an important institution of the democratic state. Attention is paid to the analysis of the principle of judicial protection of local self-government in Ukrainian and European scientific literature. It is emphasised that guaranteeing the effectiveness of the local self-government is one of the main purposes of judicial protection of local self-government rights. The article also considers certain problems related to the proper implementation of regulatory provisions on judicial protection. In particular, it emphasises the importance of substantiating the appeal to the judicial authorities specifically for the purpose of protecting the interests of the territorial community in legal relations with ate power. The authors also outline the problem of choosing a jurisdiction for the consideration of disputes in which local self-government bodies act as one party. It was determined that in terms of the right of a local self-governing body to apply to a court with a claim against another public authority in order to protect the rights and interests of the relevant territorial community, a certain practice has been formed. On the basis of the analytical research, certain categories of cases considered by Ukrainian courts in the context of the right to judicial protection of local self-government were identified and analysed. In particular, the cases of lawsuits by local self- government bodies to the Verkhovna Rada of Ukraine regarding the formation and liquidation of sub-regional administrative-territorial units were analysed; cases of claims of local self- government bodies to the Cabinet of Ministers of Ukraine regarding territorial transformations; cases of lawsuits between local self-government bodies. Special attention is paid to the practice of the prosecutor’s appeal to the court in the interests of the state in the person of the local self- government body. Methods: The authors used comparative synthesis methods and information analysis. Actual empirical data are used to argue for the conclusions. Results and Conclusions: The authors draw conclusions about the implementation of the principle of judicial protection of local self-government rights in the practice of Ukrainian courts. Separate problems concerning the possibility of a local self-government body appealing to the courts are also analysed.

Certain aspects of allocation of obligation and burden of proof in criminal proceedings on infringement of intellectual property rights

Keywords: criminal procedure proving, obligation of proof, burden of proof, allocationof proof, reverse burden of proof
 Different approaches of national and foreign scientists and judges to themeaning of the concepts of «obligation» and «burden» of proof and allocation thereofbetween parties to criminal proceedings have been analysed. The basic features fordistinguishing the concepts of «obligation» and «burden» (compulsion and material interest)and property (dynamism) have been given. It has been noted that in the legislationof some European countries, despite the existence of the presumption of innocence,in certain categories of criminal proceedings, the obligation of proving innocenceis placed on the defence. The global trends of shifting the obligations of proof,simplifying the criminal procedure in certain categories of cases, and expanding therights of participants in the criminal proceedings have been observed. The provisionsof the Federal Rules of Criminal Procedure of the USA and the Criminal ProcedureCode of Ukraine regarding the mechanism of demanding evidence by the prosecutionfrom the defence have been compared. The norms of Clause 6, Part 2, Art. 242 of theCriminal Procedure Code of Ukraine, which shifted the obligation of proving materialdamage (damages) from the prosecution to the victim, have been analysed. Based onthis norm, it is expected to increase the procedural activity of the victim regarding establishingand proving this circumstance during the pre-trial investigation and thetrial. Based on the decisions of the European Court of Human Rights, it has beenproven that silence can be, although not the only, basis for issuing a guilty verdict. Itis proposed to define and consolidate in the judicial practice of the Supreme Court thepresumptions typical for cases of infringement of intellectual property rights: eventsof criminal offence and guilt.

Problematic issues of divorce in court

The article examines the problematic issues of judicial divorce. Conflicting, contradictory, unresolved issues of legislative regulation of this procedure are identified, which were established on the basis of the analysis of court practice, in orderto improve the mechanism of divorce. Collisions of legal regulation of dissolution of marriage in court procedure are identified. The institution of marital reconciliation and its consequences for the divorce process between spouses are analyzed. Yes, it hasbeen determined that in practice, divorce in legal proceedings is very often used as a «circumvention» of divorce in the order of separate proceedings on the joint application of the spouses (due to clauses «d» and «o» of clause 3 of Article 3 of the Decree of the CMU «On State Duty» dated January 21, 1993), and the reconciliation procedure as prolonging the divorce process. The analysis of court practice proved that this mechanism does not contribute to the continuation of marital and family relations. Itwas concluded that, on the one hand, the legislator is interested in speedy consideration of such socially significant categories of cases as divorce, on the other hand, there are still gaps in the legislation that allow this process to be delayed. It is alsodetermined that Article 4 109 of the Family Code of Ukraine is conflicting, and the analysis of the norms of the Code of Civil Procedure, which establish and determine the procedural order of consideration of cases in courts, made it possible to conclude that the Code of Criminal Procedure does not establish special (shortened) terms for consideration of certain categories of cases in court, because in the aggregate, the terms consideration of the merits of the case in accordance with the legislation cannot guarantee a person who has applied to the court for the protection of his violated, disputed or unrecognized right of prompt resolution of the problem and contradict the norms of family legislation. The authors provided suggestions forimproving the national legislation and eliminating the above-mentioned conflicting norms.Based on the results of the analysis, the authors came to the following conclusions: 1) in order to encourage spouses to apply to a notary public with a statement on the conclusion of an agreement on alimony for a child, it is advisable to introducean exemption for parents from paying state duty when certifying such agreements by analogy with paragraph 3, Part 1, Article 5 of the Law on Court Fees, 2) by analyzing the judicial practice regarding granting spouses a period for reconciliation, it canbe concluded that, unfortunately, the institution of reconciliation does not lead to the expected results of preserving family relations, but contributes to prolonging divorce proceedings. Therefore, we propose to exclude Article 111 of the Family Code ofUkraine and Part 7 of Art. 240 of the Civil Procedure Code of Ukraine, 3) in order to eliminate the conflict between civil and family legislation, we propose to set out Part 4 of Article 109 of the Civil Procedure Code of Ukraine in the following wording: «the court considers the case of divorce within the time limits established by the Civil Procedure Code of Ukraine...».

Ensuring by the Court the Right to Defense in Certain Categories of Criminal Cases

The article highlights several issues related to the provision by the court of the right of defense of minors and criminally prosecuted persons with mental disorders. The authors analyze the reasons that imped law enforcement in such criminal cases. Several suggestions are formulated to improve the judicial practice of ensuring by the courts the right to defense in certain categories of cases, provided for by Chapters 50 and 51 of the Code of Criminal Procedure of the Russian Federation.

Artificial Intelligence in the Modern Judicial System

Artificial intelligence (AI) mitigates the congestion of the judicial system, accelerates court proceedings, and reduces the costs of litigation. Therefore, attempts to introduce AI in the domestic justice system necessitate legal norms to regulate the relations arising from the participation of AI as a judicial tool and to adapt existing legislation to new realities and foreign legal experiences. The purpose of the present article is to explore the features of AI legal regulation in Ukraine and the world, highlight the pros and cons of judicial application of AI, analyze foreign legal experience, and outline its implementation issues in Ukraine. This study substantiates the appropriateness of AI in the domestic justice system for certain categories of cases. The use of AI as a tool in modern justice is acceptable in view of the modern informatization of all spheres of society and the state. Moreover, the opinion of the judge on the case should be the embodiment of professionalism of knowledge of objective reality, supported by consciousness and deep theoretical and legal knowledge combined with law enforcement experience.

Settlement of Disputes with the Participation of a Judge: Is This Procedure Effective?

The article studies the effectiveness of the institution of dispute resolution with the participation of a judge through the analysis of legislation and judicial practice in all types of proceedings in the courts of first instance, except criminal. It is noted that since 2017, a completely new procedural institute for the settlement of disputes with the participation of a judge has appeared in procedural codes of Ukraine, except criminal, and in judicial practice thereafter. Its introduction into Ukrainian procedural law was with the intention to relieve the judicial system. However, to find out whether this institute has fulfilled the assigned intention, the analysis of judicial practice is required. Accordingly, the analysis of judicial practice has been conducted, comprising all years of existence of this institution in civil, administrative, and commercial litigation in order to determine the frequency and success rates of its application in practice. This revealed that dispute settlement with the participation of a judge in administrative proceedings barely applies. In addition, based on the analysis of one hundred cases for the last period, there are certain categories of cases where dispute settlement with the participation of a judge was used more often. Eventually, it was concluded that today the institute of dispute settlement with the participation of a judge has not been widely used and its effectiveness remains insignificant. Therefore, the institution of dispute resolution with the participation of a judge requires a great reformation – consisting of enforcement of mediation execution by judges, specific ways of resolution of cases belonging to certain categories as well as insertion of corresponding provisions in procedural codes, and popularization to the masses.

Judicial Specialisation Through the Prism of the Principle of a “Natural Court”: A Comparative Analysis

Background: In the current conditions of the intensive development of public relations and the complication of their legal regulation, more and more states are turning to the specialisation of the judiciary and judicial exercise. Thus, in Ukraine, it is established at the constitutional level that the judicial system in Ukraine is built on the principles of territoriality and specialisation, and higher specialised courts may operate in accordance with the law. In addition, the Constitution of Ukraine states that the establishment of extraordinary and special courts is not allowed. Art. 31 of the Law of Ukraine ‘On the Judiciary and the Status of Judges’ (2016) states that in the judicial system, there are higher specialised courts, such as courts of first instance for certain categories of cases. This category of court now includes the High Court of Intellectual Property and the High Anti-Corruption Court. However, there has been a heated debate in Ukrainian political circles about the constitutionality of the anti-corruption court, and accordingly, the subject of the constitutional petition questioned the number of provisions of the Law on the High Anti-Corruption Court and appealed to the Constitutional Court to declare the law unconstitutional. The Constitutional Court of Ukraine has initiated constitutional proceedings on this issue. Acquaintance with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a ‘special court’ (within the meaning of Part 6 of Art. 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the High Anti- Corruption Court. Methods: To find an objective answer to the existing conflict, it was necessary to clarify the legal nature of judicial specialisation and identify key features of the ‘special court’. To solve this problem, the authors turned to the theoretical and applied provisions of the principle of a natural court, which became the basis of the subject of this work. Results and Conclusions: In conclusion, this article argues for the idea of the unity and integrity of the judiciary. Common goals and tasks are assigned to the courts, regardless of their place in the judiciary and jurisdictional specialisation. Therefore, courts that are endowed with special goals and objectives, different from those of general courts, were assessed as special courts.

Проблемы привлечения к уголовной ответственности лиц, виновных в злостном неисполнении решения суда или иного судебного акта по гражданским и административным делам

Malicious non-enforcement of a judicial act entails criminal liability under Article 315 of the Criminal Code only if the offence has been committed by a special subject (an official, head of a body or organisation) or if the person has been previously held administratively liable under Article 17.15(4) of the CAO. The authors draw attention to the fact that in cases where a person who has failed to fulfil a legal obligation is sentenced to execution by a court, then the further non-fulfilment of such obligation now constitutes not only a failure by the subject to fulfil a duty but also an infringement of the interests of justice whose demands are ignored by the obligated person. In this regard, the criminal law criminalises not only the "general" malicious non-execution of a judicial act, but also certain forms of non-execution in relation to certain types of proceedings and to certain categories of cases (e.g. failure to pay alimony, evasion of payment of accounts payable, etc.). The authors, in relation to civil, administrative cases, and cases of economic disputes, prove inconsistency in criminalizing forms of non-execution of judicial acts and discover the potential for expanding situations in which persons could be criminally liable, which would contribute to improving the level of performance discipline. The authors base their argumentation system on a number of criteria, among which: determination of the legal basis for the execution of judicial acts; identification of the range of judicial acts, the non-execution of which may lead to criminal prosecution; characteristics of the requirement set forth in the judicial act, the non-fulfillment of which may entail criminal prosecution; determination of the circle of subjects obligated to the execution of the judicial act and the subjects to whom the person is obliged to execute the judicial act; distribution of responsibilities for the execution of the judicial act between the recoverer (creditor), the debtor and the enforcement authority from the point of view of possible substitution of the debtor as a subject obligated to execution; legal characteristics of the criminal-legal sign of "malice" of nonfulfillment of the requirements of the judicial act; disclosure of possible forms of nonfulfillment. Each of the listed criteria allows you to make a judgment about the presence of signs of the analyzed corpus delicti in the actions (inaction) of the subject. The authors also address the assessment of the illegality of non-execution of a judicial act from the positions of various branches of law, emphasizing the role of criminal liability measures as the most repressive measures to restore legality in this area.