Civil Judiciary Research Articles

The importance of taking evidence as part of the court proceedings

This paper delves into the critical role of evidence collection within the civil judicial process, underlining its significance as a fundamental cognitive task through which courts establish the factual and legal foundations of disputes. By dissecting the civil process's aim and purpose, the study emphasizes the necessity of gathering evidence as a cornerstone for rendering just and equitable decisions. It explores the intricate balance courts must maintain in exercising judicial discretion and strategy, focusing on the adjudication process's nuanced requirements for determining the relevance and admissibility of evidence. The distinction between contentious and non-contentious proceedings is examined to underscore the dynamic procedural responsibilities that parties face in proposing evidence, alongside the court's authority to direct further evidence collection. This analysis extends to the constitutional and procedural underpinnings that frame the principles of free evidence evaluation against the backdrop of ensuring a fair trial, highlighting the judiciary's critical role in upholding justice while navigating factual intricacies. Further, the paper investigates the ramifications of recent legal reforms in Slovakia for evidence collection practices, illustrating how procedural law modifications are geared towards augmenting the civil process's efficiency and fairness by recalibrating the judiciary and participatory roles. Additionally, the evolving jurisprudence on evidence is scrutinized, elucidating the paramount influence of supreme judicial decisions in setting guiding precedents for lower courts. These precedents, in turn, inform approaches to evidence collection, significantly impacting the landscape of civil litigation in Slovak Republic. Through this comprehensive exploration, the paper seeks to illuminate the essential functions and evolving dynamics of evidence collection in the civil judicial system, thereby contributing to a deeper understanding of its pivotal role in achieving judicial fairness and correctness.

Реалізація завдань цивільного судочинства через призму цифровізації правосуддя

Реалізація завдань цивільного судочинства через призму цифровізації правосуддя

Civil Judicial System of Bangladesh: Trial Level and Jurisdiction

This review article explores Bangladesh's trial-level judicial system and Jurisdiction, including court structures, court jurisdiction, difficulties, and improvements. The article gives a general legal system overview, outlining the courts' composition and functions. It goes in-depth on each Court's Jurisdiction, covering civil, criminal, and specialized Jurisdiction. The essay highlights difficulties with the trial-level legal system, including case backlogs, restricted access to justice, and questions about judicial independence and accountability. It also examines the changes made to solve these issues, such as case management systems, bolstering of lower courts, alternative conflict settlement procedures, new technologies, and law reforms. The importance of continuous reforms is emphasized in the article's conclusion to guarantee Bangladesh has a trial-level judicial system that is effective, transparent, and responsible and promotes the rule of law.

The main tendencies in the development of procedures for resolving disputes regarding the determination of the child's place of residence

The article is devoted to the evolution of procedures for resolving disputes between separated parents regarding the determination of the place of residence of their child(ren). The article reflects the peculiarities of resolving disputes between parents concerning children, which took place at the main historical stages in the territory of modern Ukraine.
 The author emphasizes the necessity of using historical and legal experience in the regulation of family relations and resoling family conflicts.
 The author reiterates that historical and legal analysis of family relations` regulation and the development of the procedure for resolving family disputes is carried out with the aim of understanding and applying historical and legal experience, identifying the main basis of views in Ukrainian society on the fundamental provisions on which relationship between parents and children are based, as well as a legal procedure of determination of the child's place of residence.
 The article shows main features of the judiciary and the resolving disputes regarding the determination of the child's place of residence, which correspond to different historical periods from Scythia to the reсоvery of Ukraine's independence at the present stage. In particular, attention was paid to the periods of existence of the patriarchal and matriarchal order in the family life, the development of the rights of the child, the discovery of his interests, the development of the court system and civil judiciary.
 It is proposed to single out the stages of evolution of the rules of civil procedure and standards of family law, which regulated and still regulate the procedure of the determination of the place of residence of a minor child on the territory of Ukraine.

حكم الطلبات الحادثة في الدعوى القضائية – دراسة مقارنة في قانون المرافعات المدنية-

The lawsuit is a basic phenomenon of the civil judiciary. It is the means by which the opponent (the citizen) must be presented to the judiciary for the latter to perform his function in providing the necessary legal protection. The principle of the stability of the judicial dispute is one of the traditional procedural principles, which means that the scope of the original lawsuit may not be modified. Which are called incident requests. These requests have important legal effects on the lawsuit, represented by changing the legal status of the litigants in the lawsuit, or by affecting the jurisdiction of the court and the course of the litigation in the original lawsuit and the

Legal status of the law expert in civil judiciary

The article analyzes the legal status of a legal expert in civil proceedings. The current procedural legislation regulating the issue of the legal personality of a law expert is described. Emphasis is on the lack of clear requirements in procedural law for this person, in particular, there are only the requirements to have a degree and - be recognized as a specialist in the field of law. The author substantiates the expediency of fixing the criteria that a judge must take into account in the case of admission of an expert to the case. The procedure for involving a legal expert has been studied. The article considers the issue of the place and significance of the legal expert's report in the process of proving as well as the content of the report. The author approves the provision of the norm, which fixes the legal expert's opinion on the application and interpretation of foreign law in accordance with their official or generally accepted interpretation, practice, and doctrine in the foreign country, as today international standards are the main guideline for the development of our state. It is also noteworthy that as an expert on this issue, it may be possible to involve a foreign expert who has a more accurate and complete knowledge of the applicable law. The paper proves the need to bring a legal expert to justice if he/ she violates the admission procedure and filing a report to the court, in particular criminal liability or, at least, the judge's decision. The article also emphasizes the right of the parties to the case to recuse the said party by analogy with other participants in the trial. There is special attention to the terminological differences in the definition of "a law expert". As a result, there was established the single name "a legal expert". The author considers the positions of scholars on the procedural status of the law expert in civil proceedings, which served to formulate the author's definition of a legal expert in civil proceedings. Based on the results of the study, there were formulated conclusions and proposals to the current domestic legislation.

Problems of appointment of handwritten examination in civil judiciary

The article is devoted to the issue of this type of evidence as providing an expert opinion in civil proceedings on the example of handwriting examination, because it is one of the most common types of forensic examination. It is known that the objects of handwriting are all possible types of documents, where the text is handwritten or signed by a person. The article deals with the tasks of forensic handwriting examination and their purpose. The current problems of appointment of handwriting examination by the court, which arise, in particular, when taking handwriting samples, are considered. The sources from which the expert obtains information to provide an opinion are analyzed, as it is not only samples of handwriting or signature, but also information about the person to be identified. It is considered how the court determines the scope of examination, formulates questions and collects free samples of handwriting and signatures, which are compared, as well as selects experimental samples. There is a ban on forensic experts who are employees of government agencies to conduct handwriting examinations on copies of documents. The article argues that it is possible to conduct handwriting examination of copies of documents, especially if it is physically impossible to provide the original document, provided that the court will take this fact into account. Since the expert does not have the right to collect materials for the examination, the expert is provided by the court or the party to the case. It is investigated that the legislation does not clearly regulate who exactly and how should take experimental samples of handwriting or signature, as it is prescribed in the scientific and methodological recommendations for the preparation and appointment of forensic examinations and expert research. In this regard, it is proposed to recommend that courts involve a handwriting specialist in the procedure for taking a sufficient number of experimental samples for examination.

Formal defenses in the administrative case and its relationship to the substantive defenses in Jordan: الدفوع الشكلية في الدعوى الإدارية وعلاقتها بالدفوع الموضوعية في الأردن

The study aims to clarify the formal defenses in the administrative case, and their relationship to the substantive defenses in Jordan in the absence of a law governing administrative litigation procedures, given that the Jordanian Administrative Judiciary Law No. 27 of 2014 referred the litigation procedures before the administrative judiciary to the Civil Procedure Code in what was not mentioned in it. A text in the Administrative Judiciary Law, and in a manner that does not conflict with the nature of the administrative lawsuit, which is characterized by a special nature that differs from the civil judiciary, and therefore the research problem lies in the absence of texts regulating the procedures of the administrative lawsuit in line with its nature. The administrative case, as well as the relationship of these defenses with the substantive defenses that relate to the origin of the right, and our difference between the defenses in the administrative case and the requests submitted by the litigants and the relationship of each to the other, as well as the role of the administrative judge in directing the lawsuit procedures, and we reached a set of results and recommendations represented in the need for a law regulating procedures Litigation before the administrative courts.

Civil judiciary as a form of justice in civil cases

The article is devoted to the study of the main aspects of justice in the form of civil proceedings to protect violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, the interests of the state.
 The article provides a scientific analysis of legislative provisions, doctrinal positions and materials of judicial practice in the context of clarifying the issues of effective restoration of the rights of interested parties by the competent national authorities, including the judiciary. In this aspect, it is emphasized that the success of harmonization of the Ukrainian legal system with the system of European standards largely depends on the values ​​of national justice.The author supports the position that, in the administration of justice, the judiciary is independent and acts as an arbitrator in a dispute over law. The efficiency of the courts has three components: the efficiency and efficiency of dispute resolution, the validity and legality of judicial acts, ensuring the possibility of their implementation. The court is called to perform its functions guided only by law. It should not depend on the subjective influence of anyone, as interference with the administration of justice is inadmissible and results in liability under the law.At present, a national court cannot appropriate legislative or executive power. Equally, the delegation of their functions by the courts, as well as the assignment of these functions by other bodies or officials are not allowed. However, according to the author, this does not mean that in Ukraine, as in other legal systems of the Romano-Germanic type, judicial precedent cannot be an auxiliary source of law.It is concluded that civil jurisdiction is the jurisdiction of the general court to consider and resolve legal requirements referred to by law for consideration and resolution in civil proceedings, in order to effectively protect violated, unrecognized or disputed rights, freedoms or interests of interested parties.The position is substantiated that, despite the constitutional provision on extending the jurisdiction of courts to any legal dispute, the norms of special normative acts on the protection of civil rights of interested parties should be taken into account, which, in turn, indicates that judicial jurisdiction civil proceedings have their limits.

Građansko pravosuđe i građanska pravda

The term "civil justice" as used here encompasses a wide range of issues related to civil procedural law, as part of EU legislation such as the "European judicial area" or the "European legal zone", where "judicial cooperation in civil matter" is intended as a means to achieve the greater goal of progressively establishing the "area of freedom, security and justice". Civil judiciary is not limited to the notion of useful "cooperation" between judicial authorities in different Member States in the context of ongoing litigation. Instead, more far-reaching (and politically sensitive) measures are envisaged, such as measures to harmonize the rules of civil procedure and the effects of judicial decisions outside the borders of the Member State making the decision.

Foreign experience of judicial control over the enforcement of decisions in civil judiciary

Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.

Gender component in the initial judicial training curriculum

The Strategy for the Development of Judicial Education in Ukraine for 2021–2025 considers regular update of the judicial education content based on the competence approach, judges' experience and individual needs, level and court specialization. The Strategy also considers enhancing values and social context while developing and delivering trainings. Among strategic aims of judicial education development is initial judicial training reform that requires, inter alia, curriculum updating. The article presents the research results on mainstreaming of gender component in the initial judicial training curriculum as well as corresponding recommendations. Among recommendations, there is improving of the initial judicial training curriculum with a 1-day training course «Overcoming gender stereotypes in administration of justice». The course was developed to have judges familiar with correlation between «gender stereotypes – prejudice – gender - based discrimination», how gender stereotypes influence judge's behavior and decision-making, and also to build up and strengthentheir skills to identify gender stereotypes, apply corresponding ECtHR case law, avoid gender bias in their daily work, etc. To build up gender competence of future judges, some gender aspects should be incorporated into a series of trainings on family, housing and labor disputes (in the Civil judiciary part), sexual violence, sentencing in criminal cases (in the Criminal one). Some gender related issues worth to be integrated in corresponding trainings, e.g. divorce prohibition due to Ukrainian Family Code (Art. 110, part 2), disputes on parenting children, equal treatment of men and women in cases of deprivation of parental rights, offender eviction, compliance with effective investigation standards in criminal proceedings on rape, other crimes against sexual freedom and sexual integrity or domestic violence cases. Actually, both gender mainstreaming and social context of justice should be integrated with due consideration of the role and place of each training in the curriculum, learning goals and expected outcomes, accompanied by careful selection of training materials and most effective modern interactive methods of adult education. Keywords: gender, gender competence, judicial education, initial judicial training.

Analiza pojedinih statističkih pokazatelja učinkovitosti hrvatskog građanskog pravosuđa

The intention of this paper is to provide an analysis of certain statistical indicators regarding the efficiency of the Croatian civil judiciary, since efficiency is one of the most important aspects of the judiciary. After a brief overview of different statistical indicators which may be used to measure the efficiency of the judiciary, this paper focuses on the analysis of the statistical indicators disposition time (hereinafter: DT) and clearance rate (hereinafter: CR), used by the European Commission for the Efficiency of Justice (hereinafter: CEPEJ) and the statistical indicators regarding the number of unresolved cases, the number of judges and the number of resolved cases per judge published by the ministry competent for the judiciary. Although CEPEJ’s statistical indicators should be used cautiously due to methodological inconsistencies in the data, the paper concludes that these statistical indicators are useful to the extent that they can point to structural flaws in the judiciary system or can point to a trend of rise or decline in the judiciary’s efficiency. The central part of the paper focuses on the analysis of the DT and CR statistical indicators for the Croatian judiciary in general and compares it to the DT and CR statistical indicators for the judiciaries in other EU Member States. Further, the paper analyzes the statistical data published by the ministry competent for the judiciary regarding the number of unresolved cases, the number of judges and the number of resolved cases per judge, drawing conclusions therefrom on the efficiency of different parts of the Croatian judiciary. Also, historical statistical data published by the ministry competent for the judiciary are analyzed to show whether systematic problems in efficiency of concrete parts of the judiciary exist, as opposed to short-term efficiency shortfalls. The paper also highlights the lack of adequate, publicly available statistical data on the efficiency of the judiciary which limits the possibility of reaching a conclusion on the causes for such lower efficiency. The paper concludes that, taking into consideration the publicly available data, it is possible to reach conclusions as to which parts of the judiciary have lower efficiency, those being litigation procedures, especially before first instance municipal courts. However, there are no publicly available data that would show the causes for the lower efficiency of these parts of the judiciary, even though public authorities have means at their disposal to obtain and publish such relevant data. Such practice by public authorities hinders further efforts of the interested public to focus the discussion on the real causes for the lower efficiency of the Croatian judiciary and ultimately, on the necessary reforms aimed at increasing its efficiency.

Peculiarities of the procedural form of simplified claim proceedings in civil judiciary

The article is devoted to the study of the institute of summary proceedings in civil proceedings, namely the legal nature of summary proceedings, the peculiarities of its procedural form and coverage of certain issues related to the implementation of the principles of civil proceedings during the consideration and resolution of cases in summary proceedings.The article considers doctrinal provisions on optimization of civil process by differentiation of procedural form of civil proceedings and introduction of simplified court procedures, international tendencies of its development in the corresponding direction, theoretical and applied scientific approaches on isolation of specific features of procedural form of simplified proceedings in relation to general comparative analysis of the legal regulation of the procedure for consideration of “small disputes” in the legislation of the Council of Europe, as well as prospects for further reform of domestic civil procedural legislation in the field of implementation of simplified court procedures.In the context of the issue of differentiation of the procedural form of civil proceedings, the criteria for distin-guishing between general and simplified procedure for consideration of civil cases in legal proceedings are defined, namely: the amount of claims (the price of the claim); subject of the claim (case category); the complexity of the case and the priority of its speedy resolution for the parties. The civil procedural legislation and scientific achieve-ments on determination of the category of cases which are subject to consideration by way of the simplified claim procedure are analyzed and the conclusion on possibility of assignment to them of requirements on which the court order can be issued is made.In view of the above, it was found that one of the features that characterizes the simplified claim proceedings in contrast to the general claim proceedings is the ability to consider claims that are indisputable in the existence of the following conditions: 1) claims that a person may order (the list of such requirements is exhaustive); 2) realization by the person of the right of an alternative choice of a type of civil proceedings in the order of which the corre-sponding requirements will be considered – the address of the person to court in the simplified claim proceedings.In terms of the court’s decision on the case in a simplified procedure, taking into account the specifics of its pro-cedural form, considered the scientific views and case law (conclusions) of the European Court of Human Rights on the implementation of sectoral principles of civil proceedings, including proportionality, discretion, adversarial and the generally accepted principle of civil procedure – the right to a court in the event of a court hearing without the participation of the parties.Based on the results of the study, conclusions were drawn.

Conducting forensic and genetic examination in civil judiciary as an object of constitutional protection

The article is devoted to the study of forensic genetic examination in civil proceedings as an object of constitutional protection, due to the emergence of the concept of forensic examination in general and forensic genetic examination, entities entitled to conduct forensic examinations, analyzing the legal basis of court - genetic examination in Ukraine. Characteristics of the legal basis for recognition of paternity/mother and establishing the fact of paternity/mother are presented. The admissible and appropriate evidence bases in such cases and the place of forensic genetic examination in in the system of evidence that can be involved in the case have been clarified. The features of this examination have been studied, basis to proceed with the molecular genetic examination, the grounds for conducting a molecular genetic examination have been determined, and the issues raised before the expert carrying out the expert research have been singled out. The analysis of judicial practice of consideration of cases on recognition of paternity/maternity and the establishment of the fact of paternity/maternity which is carried out with carrying out forensic genetic examination was carried out. The article analyzes the problematic issues that arise in the process of legal regulation of forensic genetic examination and the practice of applying legislation in this area. The problems of evasion of a party from participation in forensic genetic examination, namely, non-appearance at a certain time to participate in the examination, failure to provide materials for expert research and the legal consequences of such evasion for all participants in the case. This article offers ways to solve problematic aspects of the research. The conclusions on the application by the courts of the results of forensic genetic examination during the consideration of cases on recognition of paternity/maternity, establishment of the fact of paternity/maternity were generalized and made. Forensic genetic examination is an individual identify. This type of examination allows not only to categorically exclude paternity, but also to carry out the origin of the child from both parents due to blood relationship (identification), as well as the diagnosis of hereditary diseases in the fetus in the early stages of pregnancy. Conducting such an examination is an effective mechanism of constitutional protection, because the facts established as a result of the examination form the basis of the evidence base are considered in conjunction with other evidence available in the case file.

Rules of instance jurisdiction and consequences of their violation in civil judiciary

Rules of instance jurisdiction and consequences of their violation in civil judiciary

Essence and certain aspects of legal implementation of the principle of proportionality in claim proceedings in civil judiciary

Essence and certain aspects of legal implementation of the principle of proportionality in claim proceedings in civil judiciary

الصفة القانونیة فی رفع الدعاوى البیئیة دراسة تحلیلیة مقارنة فی ضوء التشریعات البیئیة والمواثیق الإقلیمیة والدولیة

الصفة القانونیة فی رفع الدعاوى البیئیة دراسة تحلیلیة مقارنة فی ضوء التشریعات البیئیة والمواثیق الإقلیمیة والدولیة

La oralidad en el proceso civil

Los procesos tradicionalmente escritos, implantados desde la época de la República, con una notoria influencia española y francesa, vienen siendo transformados en los últimos años por procesos orales con audiencias, que permiten hacer efectivos los principios de inmediación y de dirección del proceso a cargo del propio juez. Pero ello implica, además, una serie de cambios en la organización del despacho judicial, el rol de los servidores jurisdiccionales y administrativos, y la actuación de los abogados y litigantes.En nuestro país, la aplicación de la oralidad en el proceso civil resulta inédita porque han sido los propios jueces civiles quienes la han gestado, sin esperar la intervención de los Poderes Ejecutivo y Legislativo para modificar nuestro Código Procesal Civil vigente de 1993. La única finalidad de esta acción es mejorar el sistema de administración de justicia y lograr terminar con las controversias civiles dentro de plazos razonables.

До питання правового статусу інших учасників судового процесу в цивільному судочинстві

До питання правового статусу інших учасників судового процесу в цивільному судочинстві