Court Of Ukraine Research Articles

The application of the Constitution of Ukraine during the settlement of civil and economic cases in terms of compensation for property damage in the case of decisions on exemption from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine

It is pointed out, the erroneous application by the courts of the economic and civil links as evidence of the decision of the criminal court to close the criminal proceedings in connection with the expiration of the terms of bringing to criminal responsibility, as a non-rehabilitating circumstance during the establishment of property damage in the resolution of relevant disputes. The author notes that, from the available access to court decisions and their analysis, it is clear that when considering cases related to the compensation of property damage, not every court provides a correct assessment of the legal nature of the closure of criminal proceedings, which leads to the incorrect application of the requirements of procedural legislation in terms of the adoption and evaluation of evidence. The article examines the problematic issue of the application of the practice of Ukrainian civil and commercial courts in resolving issues of compensation for property damage in the presence of a decision to release a person from criminal liability due to the expiration of the statute of limitations (in particular, the decision of the Supreme Court of Ukraine), as well as theoretical aspects related to this issue with reference to the norms of the Constitution of Ukraine and the Convention on the Protection of Human Rights and Fundamental Freedoms. According to court practice, in Ukraine, the expiration of the statute of limitations in a criminal case does not automatically mean the absence of civil liability for the offense committed. In cases where a person has been acquitted in criminal proceedings due to the expiration of the statute of limitations, there may still be grounds to seek civil damages for property damage. Ukrainian courts may take into account such factors as the nature of the offense, the amount of damage caused and the evidence provided when determining liability for compensation in civil cases. Civil proceedings in this case should be separate from the criminal case with the need to focus on legal responsibility for the property damage caused in the presence of relevant admissible evidence submitted by the party in the case. As of today, it is extremely important to effectively navigate the peculiarities of such cases and to achieve the correct interpretation of evidence in cases of potential compensation for property damage in civil proceedings.

Problems of enforcement of court decisions on recovery of spousal maintenance abroad: legal and practical obstacles

The article deals with the problems of recognition and enforcement of Ukrainian court decisions on recovery of spousal maintenance in foreign countries. The author emphasises that the current conditions associated with the introduction of martial law in Ukraine have brought new challenges to family legal relations which require further research in order to provide proposals for their solution. The author substantiates that the stay of the payer of spousal maintenance abroad makes the issue of proper fulfilment of his/her obligation particularly relevant in modern conditions. The author examines international conventions relating to the enforcement of the obligation to pay alimony in foreign countries. It is established that despite the existence of the conventions studied, there are difficulties in the enforcement of court decisions. The author examines the peculiarities of recognition and enforcement of a court decision on the recovery of alimony in a foreign country and the problems that may arise for plaintiffs. The author establishes that despite the legal force of a court judgment in Ukraine, it cannot be automatically enforced in a foreign country without prior recognition. Attention is paid to the problem of impossibility of recognition for enforcement of a Ukrainian court judgment in a foreign country in case of improper notification of the defendant of the court proceedings. The author highlights the problem of proper service and notification of the defendant located abroad of the proceedings and the grounds for the claim, which significantly affects the consideration of the case within a reasonable time and further enforcement of the court decision. The author establishes that notification of the defendant of the commencement of litigation in Ukraine depends on cooperation between Ukrainian and foreign authorised bodies, which affects the efficiency of the enforcement of a court decision. The author focuses on the problem of searching for a defendant in a foreign country and the possibility of enforcement of a court decision on recovery of spousal maintenance. Attention is drawn to the problem of enforcement of a court decision on the recovery of spousal maintenance from persons who have been granted refugee status or from persons in need of temporary protection in foreign countries. The author argues that further research should be aimed at finding and solving problems related to the enforcement of national court decisions in foreign countries.

The practice of judicial protection of environmental rights in Ukraine: problems and prospects

The scientific article is devoted to the study of the practical experience of judicial protection of environmental rights. The article defines the main concepts in the field of protection of environmental rights of citizens: “ecological rights”, “judicial protection”, “ecological policy”, “judicial protection of environmental rights” and other concepts in the context of the conceptual and categorical apparatus of the subject of research. The scientific article contains an analysis of the norms enshrined in the current legislation of Ukraine regarding the judicial protection of environmental rights of communities and the separate protection of environmental rights of citizens. The peculiarities of the practice of consideration by Ukrainian courts of cases regarding the violation of the environmental rights of citizens are given. The methodology of researching issues of environmental rights of citizens is given. The information policy of the state in the sphere of protection of environmental rights of citizens is defined. The peculiarities of the legal doctrine in the field of judicial protection of citizens’ environmental rights and the protection of citizens’ environmental rights in general are indicated, as well as the proposals of scientists in the field of law to improve the regulatory regulation of citizens’ environmental rights, as well as to improve the practice of judicial protection of citizens’ environmental rights. Peculiarities of normative and legal regulation of the sphere of judicial protection of citizens’ environmental rights have been studied. The environmental rights and obligations of individuals and legal entities in the field of protection of environmental rights are defined, and the responsibility of legal entities and individuals in terms of violation of environmental or nature protection legislation is defined. The importance of increasing the level of ensuring the realization of the environmental rights of citizens in Ukraine by implementing an effective state information policy, improving the legal regulation of ensuring judicial protection of the environmental rights of citizens, and forming an environmental policy to prevent violations of the environmental rights of citizens was emphasized.

Про концепцію соціальної відповідальності бізнесу та унормування відповідальності материнських компаній

The article identifies various areas of violations of human rights and freedoms by industrial companies, which require an adequate response from the legislator. The experience of French and German law in protecting human rights and freedoms from the adverse impact of economic activity may be useful. This also applies to the liability of a parent company for the actions of its subsidiaries, given the existence of control over the activities of the latter, and the adoption of decisions that indicate the level of influence they exert. Despite the fact that economic freedoms are currently prioritized over social interests, social responsibility of business is becoming increasingly important. The article focuses on the issues of determining the type, amount of liability and assessment of violations identified in the course of analyzing the case law in disputes on social responsibility of business in the presence of a negative impact on human rights and freedoms. The author analyzes the tort liability of legal entities for human rights violations, noting that it is characterized by pecuniary compensation. In the absence of actual damages, the tort liability of companies loses its meaning. The case law of the European Court of Human Rights and Ukrainian court practice does not provide for compensation for the mere fact of interference or the mere existence of a negative impact on human rights and freedoms by a business entity. This makes it necessary to find other approaches to respond to the negative consequences of companies’ activities. The problem is exacerbated by the fact that damage to human rights and freedoms is difficult to measure and evaluate: determining the equivalent value of a violation of the right to privacy, personal information, loss of comfort, etc. On the contrary, the practice of English courts is to award compensation to the claimants whose rights and freedoms have been violated, which distinguishes them from the tort liability of companies.

Improvement of legal guarantees of legality in the service activity of administrative courts in Ukraine

The scientific article identifies the peculiarities of improving the service activity of administrative courts in Ukraine. Special guarantees include legal (legal) guarantees of legality of service activities of administrative courts in Ukraine, which represent specific legal means and internal legal mechanisms, which are a real embodiment of legality in the legal sphere. Legal guarantees of the legality of service activities of administrative courts in Ukraine include: completeness and effectiveness of legal norms; a high level of control and supervision over the implementation of legality; quality activity of competent authorities to ensure legality; improvement and improvement of legal practice; effectiveness of measures of legal responsibility. The author has highlighted the areas of effectiveness of the implementation of legal guarantees of the service activity of administrative courts in Ukraine, namely: to improve the administrative and legal regulation and the mechanism of control on the part of public administration subjects through the delimitation of their competence; the procedure for exercising the powers of state authorities and local self-government bodies regarding control in service activities; to develop and adopt the Law of Ukraine «On Judicial Services», in which to define an exhaustive list of government entities that would carry out control in this area, their powers, forms and procedures of such activity, methods, methods of implementation and responsibility in case of abuse of control, etc. ; strengthening public control and creating effective feedback with civil society organizations through the development and implementation of the project «Proliferation of non-state monitoring of service activities of administrative courts in Ukraine», which will improve the quality of the provision of court services by relevant entities of public administration, etc.

Hague choice of court convention: current state of affairs and application issues

The article provides a scientific and practical analysis of international legal aspects relating to the issue of determining the exclusive jurisdiction of a dispute by means of a choice of court agreement, which is quite relevant, since the ratification of the relevant Convention, which was signed in 2014, took place during the martial law regime, which complicates the process of implementing the provisions of the Convention in the Ukrainian legal system. The author analyses the current Ukrainian legislation in the area of determining the jurisdiction of private law relations with a foreign element, in particular, proceedings in cases related to the jurisdiction determination procedure, and international documents in the area of choice of court agreements, such as the Laws of Ukraine «On International Private Law», «On Amendments to Certain Legislative Acts of Ukraine in connection with the Ratification of the Convention on Choice of Court Agreements», the Hague Convention on Choice of Court Agreements and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The author identifies certain problems of enforcement of the choice of court agreement in the judicial system of Ukraine and issues of procedural protection of the parties to the agreement. It is noted that currently there is no definition of an exclusive choice of court agreement in national legislation and there are problems in the enforcement of a Ukrainian court decision by other states where no agreement on legal assistance has been concluded. The difficulty of applying the Convention on Choice of Court Agreements in comparison with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been proven, which may lead to differences in the practice of use among the countries that are parties to the Convention. The author identifies the need to expand Article 4-1 of the Law of Ukraine «On Private International Law» and improve the implementation of disputes involving an exclusive choice of court agreement. The author emphasises the need to resolve problematic issues, as this will positively affect the international legal image of the state and prepare further legislative changes for more effective synthesis of the legal systems of Ukraine and the EU member states.

The system of criteria for evaluating the service activity of administrative courts in Ukraine

The system of criteria for evaluating the service activity of administrative courts in Ukraine

Parental kidnapping as a form of abuse of parental rights

The article explores the legal phenomenon of “parental kidnapping”. It is noted that Ukrainian legislation lacks a definition of this legal phenomenon. The author suggests understanding parental kidnapping as the action of one of the parents regarding the unauthorized change of the child’s place of residence without the consent of the other parent with whom, according to the law or a court decision, the child resides. This includes abduction, leading to a violation of the child’s rights and causing material or non-material harm. Statistical data from the Secretariat of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine for 2022–2023 regarding the number of parental requests for the unauthorized change of the child’s place of residence by one of the parents is provided. The legislative regulation of this legal phenomenon and the peculiarities of holding parents accountable for such abuse of parental rights in Ukraine are analyzed. Ukrainian legal practitioners categorize the actions falling under the concept of “parental kidnapping” as domestic violence against the child in the form of psychological violence, especially towards the other parent with whom the child lived before the abduction. In cases where there are signs of physical injuries on the child, physical violence against the abducted child is also considered. The legal positions of Ukrainian courts in cases of parental kidnapping are discussed. Generally, since there is no legal provision specifying responsibility for such actions, in cases where the evidence presented by the plaintiff parent proves that the other parent changed the child’s place of residence without authorization, the court grants the plaintiff parent’s claim for the return of the child. Proposals are formulated for measures that need to be implemented to prevent, counteract, and legally hold accountable for parental kidnapping.

Improving the Information and Legal Support of the Judicial System of Ukraine: Experience of the European Court of Human Rights

The research proposes a comprehensive approach to modernizing the information and legal support (ILS) of the judicial system of Ukraine, given European integration processes and the war of Russia against Ukraine. The need for substantial modernization of existing court automation systems to integrate with European systems and improve analytical capabilities for processing large data sets was identified. It was specified that the legal framework for the functioning of court information systems (IS) must be adapted to European legislation, and the organization of data warehouses and information flows must comply with EU standards. The principles of the functioning of court information systems should ensure the possibility of easy integration with the IS of the EU. To investigate war crimes committed by Russia in Ukraine, it is proposed to establish reliable ILS, given the case law of the European Court of Human Rights (ECHR) in cases of human rights violations during conflicts. An innovative approach based on the use of artificial intelligence (AI) tools is proposed to increase the efficiency of judicial decision analysis and improve the ILS of the judicial system of Ukraine. It has been proven that the integration of the judicial systems of Ukraine and the EU is possible, provided there are reliable data analysis tools, process standardization, digitalization, data security, and integrated registers. The effectiveness of applying IT tools in the ILS of courts has been confirmed. It is proposed to establish specialized hybrid courts in Ukraine with international experts to address war crimes, harmonize legislation with international law, and implement the case law of the ECHR.

Restoration of military courts as a component of state governance of the judicial system of Ukraine

The article highlights the issue of restoration of military courts as a component of public administration of the judiciary of Ukraine. The author examines the activities of military courts on the territory of Ukraine prior to their liquidation, and also studies the works of scholars and legislative initiatives on the restoration of military courts. It is found that the liquidation of military courts had negative consequences and could have been avoided by reforming them in accordance with the existing needs. The author establishes that the current administration of justice in the field of military offenses by courts without appropriate specialization is ineffective, and the reasons for this situation are identified. The author substantiates the urgent need to restore military courts in Ukraine and the ways of such restoration. Based on the analysis of existing legislative initiatives, the author shows that they are progressive, but at the same time points out the need to adopt a significant number of legislative acts and allocate adequate funding for the restoration of military courts. The author proves the need to restore military courts of a “mixed” type and the practical impossibility of restoring the previously existing classical type of military courts. It is stated that the public administration of the judicial system of Ukraine, in particular, in terms of restoring military courts, is not effective enough, and the author suggests ways to improve it, taking into account the realities of today and the experience of other states.

Judicial lawmaking: a conceptual exploration

The work aims to analyse the role of judicial lawmaking in the legal system of Ukraine and its impact on legal development. The study examines the extent of judicial authority in creating new legal norms, especially in comparison to the legislative branch. The methodological basis of the study includes a comprehensive review of relevant legal literature, an analysis of Ukrainian legal provisions related to judicial lawmaking, and an examination of judicial decisions that have contributed to legal development. The results of the study underscore the nuanced role of Ukraine’s courts in the legal landscape. While Ukrainian courts face limitations in directly creating new legal norms, the research reveals their substantial impact on legal evolution through judicial interpretation and the establishment of precedents. One key finding is the significant influence of judicial decisions on shaping legal practice in Ukraine. Through their interpretations of existing laws and legal principles, courts contribute significantly to the development of legal norms and standards. This process not only clarifies legal ambiguities but also ensures consistency and coherence in legal principles applied in various judicial proceedings. The study also emphasizes the importance of precedents set by Ukrainian courts. By establishing precedents, courts provide guidance for future legal cases and contribute to the predictability and stability of the legal system. This aspect is crucial for legal practitioners, scholars, and the public in understanding the application of laws and legal principles in different contexts. Conclusions drawn from the study emphasize that Ukraine has a legal system where the legislative branch plays a predominant role in shaping and changing legal norms. The courts in Ukraine have limited authority in creating new norms, as their main task is to apply and interpret existing legislation to specific situations that arise in society. However, it should be noted that courts can influence legal development through judicial interpretation and establishing precedents. When a court decides on an issue that does not have a clear solution in the law, it can establish a new precedent that can then be used for similar cases in the future. This contributes to the development of legal practice and the establishment of stable and consistent principles of judicial decision-making. Therefore, although courts in Ukraine do not have as significant an impact on law formation as the legislative branch, they can still contribute to the development of the legal system through judicial interpretation and establishing precedents.

Current Issues of Improving Proceedings in Cases of Administrative Offenses in the Context of Compliance with International Standards of Human Rights and Freedoms

The article examines the case-law of the European Court of Human Rights on the recognition of inconsistency of the procedure for consideration by Ukrainian courts of certain categories of administrative offenses with the basic provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 04.11.1950. Based on the analysis of the ECHR judgment "Bantysh and Others v. Ukraine", the provisions of the Code of Ukraine on Administrative Offenses, the Law of Ukraine "On the Public Prosecutor's Office", and draft laws No. 10002 of 05.09.2023 and No. 10002-1 of 22.09.2023 on amendments to the current legislation of Ukraine on improving the proceedings in cases of administrative offenses, the author proves that the requirements of the European Court of Human Rights do not comply with the recommendations of the governing bodies of the European Union regarding the status of the public prosecutor's office in the system of law enforcement agencies, which may cause certain legal conflicts and problems with the application of the legislation on administrative offenses by the judicial authorities of Ukraine. Based on the results of the research, it is proposed to introduce changes to the current legislation of Ukraine in order to improve the status of the prosecutor in the proceedings in cases of administrative offenses and to determine the range of subjects authorized to represent the prosecution in relevant cases.

Crimes against humanity: concepts and signs

The relevance of the article is obvious because the terrible crimes committed by the Russian Federation on the territory of Ukraine shook not only Ukrainian society but also the whole world. Russian military personnel and their command commit large-scale and systematic attacks on the civilian population - brutal murders, torture, torture, rape, enslavement, extermination, deportations, imprisonment, the crime of apartheid and other illegal acts of a cruel nature directed against the people of Ukraine.
 The relevance of the study is also related to the fact that the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine) does not contain a definition of crimes against humanity, unlike other crimes such as military or war crimes. We will try to figure out how the actions of criminals will be qualified by Ukrainian courts and who will be held criminally responsible at the international level in the event that crimes against humanity are committed in Ukraine.
 «Crimes against humanity» as a separate group of crimes in international law was first reflected in the joint declaration of the governments of France, Great Britain and Russia on May 28, 1915 as a protest against the genocide committed by Turkey against the Armenian population. The result of the criminal events was the killing of more than a million people, prompting the international community to label this shameful act as a «crime against civilization and humanity» for which the leaders of the Turkish government should be held accountable.
 Crimes against humanity are crimes designed to destroy the very nature of man. These crimes are considered the most heinous crimes, because they mean deliberate mass killings either by the fact of the very existence of people (crimes against humanity) or by the fact of belonging to an ethnic or national group (genocide).
 In a number of international documents, such as: the Statute of the Nuremberg International Military Tribunal, article 6c; Charter of the International Military Tribunal in Tokyo, Article 5c; Law No. 10, adopted by the Control Council of the Allied Powers in Germany in 1945, Article II, 1c; UN Convention of December 9, 1948 on the Prevention of the Crime of Genocide and its Punishment; Statutes of international criminal tribunals for Yugoslavia, Art. 3-5 and Rwanda Art. 2-3; Statute of the International Criminal Court, Art. 7, such international crimes as crimes against humanity are reflected, from this it follows that universal jurisdiction extends to crimes against humanity.

The prosecutor’s influence on compliance with the principle of equality of parties in civil proceedings

Despite the reform of the prosecutor’s office carried out in the period from 2014 to 2016, one of the main ideas of which was the maximum concentration of the prosecutor’s office on activities within the criminal process excluding the so-called “general supervision”, every year, the courts of Ukraine consider more and more civil cases cases initiated by the prosecutor acting in accordance with Art. 23 of the Law of Ukraine “On the Prosecutor’s Office” No. 1697-VII dated October 14, 2014.
 This circumstance definitely calls into question the effectiveness of the reform and creates the need to analyze its results. Also, it is considered appropriate to check whether the current legislation of Ukraine defines the range of interests of the state that the prosecutor’s office has the right to defend in court, whether there is no place for the prosecutor to abuse his right to represent the interests of the state in civil proceedings, as well as whether the participation of the prosecutor affects compliance with the principle equality of all participants in the civil process before the law and the court, which is one of the basic principles of civil justice, defined as part 3 of Article 2 of the Civil Procedure Code of Ukraine and Article 129 of the Basic Law of Ukraine.
 This article also publicizes the author’s position regarding the existence of a problem in the fact that the prosecutor’s office is empowered to initiate legal proceedings on virtually any issue that, to one degree or another, is of importance to the state.In addition, the main ideas and goals that were pursued and declared by the legislator during the reform of the prosecutor’s office were highlighted, judicial practice and conclusions of domestic courts, made after the reform, were analyzed, and attention was also paid to the conclusions of the European Court of Human Rights, in the context of: the expediency of empowering the prosecutor’s office powers to represent the interests of the state in civil proceedings; prevention of duplication by the prosecutor of the functions of bodies authorized to perform state functions; the need to observe the principle of equality of participants in the legal process before the law and the court, as well as paragraph 1 of Article 6 of the Convention “On the Protection of Human Rights and Fundamental Freedoms”.

Limitation of jurisdictional immunity of russia in the judicial practice of Ukraine

The article focuses on the latest trends in judicial practice in Ukraine regarding the limitation of judicial immunity of the russian federation in disputes related to compensation for damage caused to the life or health of natural persons on the territory of Ukraine, in the context of the aggression of the russian federation since 2014. The article analyzes the provisions of the national legislation of Ukraine and key international legal documents in the field of jurisdictional immunities - the European Convention on State Immunities of 1972 and the UN Convention on Jurisdictional Immunities of States and their Property of 2004. In particular, the possibility of applying the “tort exception” stipulated by international law is analyzed, considering cases regarding compensation for damage caused to the life or health of natural persons on the territory of Ukraine, as a result of the aggression of the russian federation. The issue of whether the actions of the russian federation and its armed forces on the territory of Ukraine fall under the understanding of the state’s implementation of its sovereign rights is considered separately, since the establishment of such a fact directly affects the extension of jurisdictional immunity to the state during the consideration of cases regarding the consequences of actions committed by the armed forces of this state on the territory another state. The practice of the Supreme Court in the above­mentioned categories of cases and its role in the formation of the tendency of international law to limit the jurisdictional immunities of states and the potential formation of new customary norms of international law regarding the limitation of jurisdictional immunities of states and the application of the concept of “delict exception” in the consideration of relevant cases are also analyzed. The article also analyzes the prospects for the implementation of decisions made by Ukrainian courts against the russian federation in disputes regarding compensation for damage caused to individuals on the territory of Ukraine as a result of the aggression of the russian federation.

Does Putin have immunity from criminal liability before Ukrainian court?

The question about criminal liability for waging this cruel war has been actualized since the beginning of the Russian-Ukrainian war in 2014, and especially since the large-scale Russian invasion of Ukraine in 2022. It is commonly recognized that such acts are crimes according to international criminal law and that liability must come under international judiciary bodies. By the same token, Ukrainian national legislation also provides for liability for those acts. At the same time, there are attempts to prove the fact that Putin and othersenior officials are not liable under Ukrainian criminal law since allegedly they have functional immunity and ordinary perpetrators of the aggression are not personally liable under Ukrainian law due to the so-called functional immunity. The publication aims to prove the wrongfulness of the statement that the abovementioned immunity status prevents criminal prosecution in Ukraine, as in the state against which the aggression was committed. The arguments of “immunity theory” supporters are analyzed and counter-arguments are presented that such immunity is not valid in Ukraine and does not prevent prosecution under Ukrainian law. It is concluded that, regarding the aggressive war in Ukraine, the functional immunity of senior officials of the Russian Federation does not have any moral, social or legal grounds and the individuals who allegedly have such immunities are criminally liable not only under international criminal law but also Ukrainian law as well.

ПРОБЛЕМА РЕАЛІЗАЦІЇ ПРАВА НА ЗВЕРНЕННЯ ГРОМАДЯН УКРАЇНИ ДО ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ

The article the article coversthe main theoretical and practical problems related toensuring the right of a citizen of Ukraine to appeal to the European Court of Human Rights. The right to judicial protection is considered as an integral component of the rule of law and an important feature of a legal democratic state. The author of the article emphasizes that the right to go to court cannot be exhausted by national judicial bodies, but provides for the possibility of protecting rights in international courts. In addition, the European Court of Human Rights is an integral part of the judicial system of Ukraine, as a member state of the Council of Europe. The author of the article notes that the procedure for a citizen of Ukraine to appeal to the European Court of Human Rights, although guaranteed by national legislation and a number of internationallegal acts, contains a number of shortcomings that may complicate the realization of the said right. Among such shortcomings, the following are noted: the presence of different approaches to the interpretation of individual rights and principles in the practice of the European Court of Human Rights and Ukrainian courts; duration of court procedures and inconsistency of procedural terms; lack of an effective mechanism for ensuring the execution of decisions of the European Court of Human Rights on the territory of Ukraine, etc. The problem of the lack of a legal culture of appeal to international courts and proper awareness of citizens in Ukraine is emphasized separately.

Are Ukrainian Courts open to Europeanization?

Are Ukrainian Courts open to Europeanization?

Force majeure during the war. Review of juridical practice

This review covers the judicial practice of Ukrainian courts of general jurisdiction related to the issue of force majeure. The question becomes especially relevant in the current war realities, in which not only the citizens of the country, but also business entities find themselves. Under the conditions of martial law, counterparties often resort to abuses, citing force majeure, and refuse to fully or partially fulfill their contractual obligations. This publication examines the main legal positions of courts of general jurisdiction on this topic.

Harmonization of Ukrainian legislation with European law in the field of digital transformation of courts

The article is devoted to the problems of harmonization of national legislation in the era of digital transformation of courts with European law. The article reveals the essence of harmonization of Ukrainian legislation with European law in the field of digital transformation of courts. The main areas of research of scientists who at various stages were engaged in the study of problems related to the general characteristics of the harmonization of Ukrainian legislation with European law in the field of digital transformation of courts were studied. The European experience of the digital transformation of courts was analyzed and ways of harmonizing Ukrainian legislation with European law in the above-mentioned area were proposed. The theoretical problems of the digital transformation of the judiciary of Ukraine with European law are determined. A system of measures, functions and principles of harmonization of national legislation in the era of digital transformation of courts with European law is proposed. The stages of harmonization of legislation on the digital transformation of Ukrainian courts with European law are named. A comparative analysis of the legislative regulation of the judiciary in the era of digital transformation in Ukraine and in foreign countries was carried out, on the basis of which proposals were developed regarding the possibility of using foreign experience in the law-making activity of the state.The author argues that the observance of fundamental digital human rights and freedoms to some extent depends on the perfection of national legislation on judicial proceedings and legal mechanisms that will regulate the field of artificial intelligence used in courts. The article substantiates that the draft resolution of the European Parliament and the Council, proposed by the European Commission, establishing unified rules for artificial intelligence (Artificial Intelligence Act) and amending some EU legislative acts, is an important stage in the formation of the legal basis for regulating the use of artificial intelligence systems in courts, which must stand the test of time, balance the protection of fundamental rights, ensure legal certainty and stimulate innovation. Key words: digital transformation, national courts, European law, European judiciary, electronic court, digital technologies.