Court Practice Research Articles

DOMESTIC VIOLENCE PROTECTION ORDER APPLICATION GAPS AS A VIOLATION OF HUMAN RIGHTS

The article examines the main gaps of the implementation of the new version of the Law on Protection Against Domestic Violence, which entered into force in Lithuania on the 1st of July 2023, and its accompanying legislation. The topic analysed in the article is of great relevance today, because the number of criminal offences related to domestic violence in Lithuania is increasing. Domestic violence is defined as any form of physical, emotional, sexual or psychological abuse, it is a violation of human rights. The new version of the Law on Protection Against Domestic Violence introduced a new concept called the Domestic Violence Protection Order, which is a preventive protection measure designed to protect a victim of domestic violence, and which obliges abuser to move temporarily from the place of residence. This is an important step towards creating a secured society, however, there is a lack of information addressed to the problems of the implementation of Domestic Violence Protection Order in Lithuania in the context of the protection of human rights. It is therefore reasonable to investigate what problems are faced by police officers when issuing a domestic violence order and by the courts when dealing with complaints about compliance with the terms of the order issued. Thus, the object of the investigation is the Domestic Violence Protection Order. The aim of the article is to investigate the Domestic Violence Protection Order application gaps as a violation of human rights. The Objectives of the study are 1) To explore the concept of domestic violence and its legal regulation; 2) To carry out a case study of Lithuanian court practice of the Domestic Violence Protection Order application problems. The methods used for the investigation: analysis of literature and legislation and a case study of a court decision. To fulfil the purpose of the research, a specific case of court practice was analysed. In this case even several violations committed by police officers when issuing a domestic violence order for a person and checking the person's compliance with the terms of the domestic violence order were recorded and analysed in the court decision. It was found that despite police officers play an important role in ensuring the safety of the public, in some cases they decide without analysing and investigating the factual circumstances, without giving reasons and legal arguments. This creates several problems in terms of human rights protection. Thus, police officers in some cases violate the rights of the violent person and this highlights the problems faced by police officers when issuing a Domestic Violence Protection Order and by the courts when dealing with complaints about compliance with the terms of the order issued. A special attention of Lithuanian legislators should be given to these gaps of Domestic Violence Protection Order application as they can lead to the violation of human rights.

Review of Court Practices on Application of Articles 133 of the Consumer Debt Clearance Statute

Review of Court Practices on Application of Articles 133 of the Consumer Debt Clearance Statute

PARTICIPATION OF THE STATE IN INTERNATIONAL COMMERCIAL TRANSACTIONS (INTERNATIONAL COMMERCIAL ACTIVITY): IMMUNITY ISSUES

The article examines current trends in the development of state immunity in international commercial relations. The author characterizes and defines the concept of a commercial transaction while identifying the peculiarities of the state's participation in these relations as a subject of private international law. International legal instruments and national legislation in this area are analyzed. The author substantiates the necessity of applying limited immunity in international private law relations and places special emphasis on court practices.

PROBLEMS OF JUDICIAL ACTS REVIEW IN THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the problems of reviewing court decisions of lower courts by the Supreme Court of the Republic of Kazakhstan. This article examines the control of higher courts over lower courts' activities in the system to ensure the rule of law in case consideration and decision-making. The procedure of reviewing judicial decisions by a higher court that have become effective and those that are not effective in the order of cassation and supervisory review, as well as representations of the President of the Supreme Court, and protests of the Prosecutor General of Kazakhstan, are investigated. Problems of citizens' implementation of their constitutional rights to judicial protection and appeals against court decisions are highlighted. The grounds for reviewing judicial acts that have entered into force, the range of subjects entitled to apply for review, criteria for the admissibility of appealing judicial acts as well as procedure for preliminary consideration of complaints and protest by a judge alone is shown. The analysis of these issues allows us to conclude that the current grounds and procedure for reviewing judicial decisions of the appeal and cassation courts based on the submissions of the Chairman of the Supreme Court and the Attorney General of the Republic of Kazakhstan firstly hinder the realization of citizens' constitutional right to judicial protection, including the right to appeal against judicial decisions, and secondly prevent the formation of consistency in judicial practice. The lack of guidance to lower courts on reviewing judicial decisions by way of cassation and supervision has once again convinced courts of their inability to achieve consistency in the interpretation and application of law, as well as failure to contribute effectively to citizens' exercise of the right to justice. The paper provides a critical analysis of judges, lawyers, and legal experts on the current process for the Supreme Court of the Republic of Kazakhstan to review appeals and cassation court decisions. At the end of the paper, the author draws conclusions and makes suggestions regarding the enhancement of the constitutional right to judicial protection and uniformity in court practice.

Legal basis for providing legal aid to a detained person in the context of international standards and practice of the European Court of Human Rights

Based on the analysis of theoretical approaches to the essence of the institute of detention of a person, the article substantiates the position that detention is a procedural action which has a temporary restrictive nature of the rights of a person who was detained during the commission or attempted commission of a criminal offence, immediately after the commission of a criminal offence or during the continuous prosecution of a person suspected of a criminal offence, and which aims to ensure further pre-trial investigation, clarification of the circumstances of the event which occurred. Based on the generalisation of the provisions of international legal acts and taking into account the case law of the European Court of Human Rights, the author defines the standards for providing legal aid to a person detained on suspicion of committing a criminal offence. It is established that the special international standards, compliance with which is crucial for ensuring the rights of a detainee and which also guarantee the effectiveness of legal aid received by a detainee, include 1) the principle of confidentiality in the course of communication between a detainee and a defence lawyer; 2) the principle of verification of the legality of detention without delay; 3) the principle of appealing against the failure to ensure the rights of a detainee or their violation; 4) the principle of independent and free choice of one's legal position. The following are proposed to be the sectoral international standards, compliance with which is crucial for ensuring the rights of a detainee, and which also guarantee the effectiveness of legal aid received by a detainee 1) the principle of confidentiality in the course of a detainee’s communication with a defence lawyer; 2) the principle of verification of the legality of detention without delay; 3) the principle of appealing against the failure to ensure the detainee’s rights or their violation; 4) the principle of independent and free choice of one’s legal position. The emphasis is placed on the fact that the prospects for further research should be to determine the legal mechanisms for implementing the outlined standards into the national practice of law enforcement and judicial authorities.

Human infection with an infectious disease agent: analysis of constructive objective features of criminal offences

With a view to confirming the hypothesis that the ineffectiveness of criminal law provisions under Articles 130, 131, 133 of the Criminal Code of Ukraine is due to the shortcomings of their legislative design, the author analyses the definitions used by the legislator to determine the constructive objective features of criminal offences under Articles 130, 131, 133 of the Criminal Code of Ukraine. The author establishes that they are inconsistent with the terminology of healthcare regulations which should be used when qualifying encroachments on biological safety manifested in infection of a person (persons) with infectious disease agents. The article states that current legislation does not contain any lists of incurable and venereal diseases. On this basis, it is concluded that the qualification of the relevant criminal offences is not based on the provisions of legislation, but on the previous court practice, common sense of law enforcement officers and the level of their legal awareness. The view is supported that the indication of a virus as an instrument of criminal offences (Articles 130, 131 of the Criminal Code of Ukraine) significantly limits the criminalisation of encroachments on biological security in the form of spread of infectious diseases. Attention is drawn to the discrepancy between the constructions of the objective side of the corpus delicti of criminal offences under Articles 130 and 133 of the Criminal Code of Ukraine, which provide for an identical mechanism of causing harm to the victim. It is established that the absence of any references in the disposition of Article 133 of the Criminal Code of Ukraine to the means of infection (live pathogen) unjustifiably delays the moment of termination of this criminal offence until the victim develops clinical manifestations of the disease. Finally, the conclusion is made that the gradual widening of the gap between the substantive criminal law and medical law makes it increasingly difficult to qualify the infection of another person with dangerous infectious diseases and creates problems in delimiting related corpus delicti of criminal offences. The editorial wording of the unified basic elements of a criminal offence consisting in infecting a person with a pathogen which is dangerous to his/her life is proposed.

Division and spin-off as legal forms of disaggregation of economic organizations

The article highlights the issues of division and spin-off as legal forms of disaggregation of economic organisations, provides legal regulation of these forms in Ukraine, the EU, foreign countries (Germany, Poland) and the relevant analysis of court practice. The author identifies the general (common) features of division and spin-off of economic organisations according to the following criteria: subject composition, purpose, legal form of disaggregation, basis for legal relations; documentation of property transfer, rights and obligations; universal legal succession; and subsidiary liability. The author distinguishes special (distinctive) features of division and spin-off of economic entities according to the following criteria: legal result; legal consequences; and the moment of procedure completion. It is substantiated that it is advisable to regulate the basic concepts and essential characteristics of disaggregation of economic organisations by means of division and spin-off in the Commercial Code of Ukraine or, in the future, in the Economic Code of Ukraine. In this regard, the author provides the wording of the relevant definitions of division and spin-off, which is proposed to be enshrined in parts 4 and 5 of Article 59¹ ‘Termination of an Economic Organization by Reorganisation’. It is found that the analysis of court practice regarding the essence of reorganisation in the form of spin-off shows a difference in approaches, which are fundamentally opposite in nature, when: (1) spin-off is not recognised as a type of termination or reorganisation of a legal entity; (2) spin-off is defined as a form of reorganisation of a legal entity. The author proves that such ambiguity of court practice affects the consideration of a case on the merits, in particular, when changing the subject composition in land lease agreements in the event of a lessee's reorganisation by way of spin-off. The author proposes, taking into account the legislation of foreign countries (Germany and Poland) and EU law, to introduce the following legal forms and constructions into the current legislation of Ukraine: (1) ‘division by acquisition’ (simultaneous use of the forms of division and accession), (2) ‘spin-off by acquisition’ (simultaneous use of the forms of spin-off and accession); (3) ‘separation’ (for JSC, LLC, ALC) - by the formation of a new company and by acquisition.

Implementation of the burden of proof in criminal proceedings by the victim and their representative

The article analyses the provisions of criminal procedure legislation with a view to defining the role of the victim and their representative (attorney-at-law) in proving the circumstances specified in Article 91 and Part 2 of Article 92 of the CPC of Ukraine. It is argued that the legislator, when defining the information which constitutes the victim's burden of proof, used the wording which does not give an unambiguous understanding of the totality of the circumstances which the victim and his/her legal representative are obliged to prove. Based on the results of the textual analysis of the provisions of current legislation, and on the basis of the generalisation of court practice, it is proposed that the circumstances which should be proved by the victim (his/her representative) include the following: the amount of procedural costs incurred by the victim; circumstances characterising the personality of the accused, as indicated by the injured party; arguments and evidence confirming the circumstances set out in the petitions and complaints filed by the injured party; circumstances related to non-pecuniary damage caused to the victim; circumstances underlying the claims set out in a civil action. It is established that a representative engaged by the victim plays a significant role in collecting evidence which forms the basis of the claims set out in a civil action. This includes, in particular, requesting copies of documents certifying the costs incurred by the victim and obtaining an expert opinion based on the results of a psychological examination. It is determined that in order to clarify such circumstances, the victim’s representative may resort to a number of measures, including: 1) submission of lawyer’s requests; 2) conducting surveys of citizens; 3) obtaining an expert opinion on a contractual basis; 4) obtaining temporary access to things and documents on the basis of a decision of the investigating judge; 5) initiating procedural actions in the form of investigative (search) and covert investigative (search) actions, etc.

Legal regulation of fraudulent transactions in Ukraine

The relevance of the issue under study in this article is due to the rapid development of social relations, which leads to the constant emergence of new types of transactions, their formalization and regulation. A transaction is a basic category for the regulation of civil legal relations, including such a type of transaction such as a fraudulent transaction. A comprehensive study of the institute of fraudulent transactions in Ukraine will be a significant basis for further improvement of the current not only civil legislation, but also administrative legislation, and will unify the judicial practice of applying legislation on fraudulent transactions. The following methods were used in the study of scientific cognition, such as: systemic and structural; comparative; and the method of analysis. Based on the analysis of the current legislation of Ukraine in the field of application of fraudulent transactions the author emphasizes that there is no clear definition of a fraudulent transaction, its features, and the consequences of its conclusion. However, the absence of a regulatory definition of a fraudulent transaction in the current legislation of Ukraine causes conflicts in court decisions, as evidenced by the analysis of court practice, including that of the Supreme Court of Ukraine analysis of court practice, including that of the Supreme Court. This legislative gap should be regulated, since the legal regulation of fraudulent transactions in Ukraine plays an important role in the administration of justice and protection of participants whose interests are violated by such transactions. The author reviews of the key categories of this scientific article, including “legal regulation” “fraudulence”, ‘fraudulent transaction’. The author proposes to define a fraudulent transaction as to understand the action of a debtor or a party to a legal relationship which exists at the time of or has a high probability of becoming a party to a legal relationship, which can be expressed by both active and passive legal behavior aimed at avoidance of undesirable consequences for the debtor or a person (probable party to the legal relationship) Consequences aimed at avoiding civil liability, non-occurrence of undesirable civil status, or obtaining a benefit in an unfair manner. The author concludes that it is necessary to improve the legal regulation of a fraudulent transaction in Ukraine in the context of defining its essence, features essential terms of the contract, and legal consequences of its application.

Принципы всеобщего и равного избирательного права в актах Конституционного Суда Российской Федерации

Principles of the universal and equal electoral right constitute the basis of relations in the sphere of exercising of rights of citizens to participation in management of affairs of the state and are traditionally well studied by the constitutional law science. At the same time, application of such principles primarily in the practice of the national constitutional control authority serves as an important benchmark for the law enforcement practice of election organizers and general jurisdiction courts designed to solve the arising electoral disputes in an expeditious manner. The presented article illustrates positions of the Constitutional Court of the Russian Federation that the author believes describe the studied principles most fully, including from the standpoint of their impact on evaluations of contemporary digital electoral technologies and matters of candidacy list forms relevant in the autumn elections of 2024.

Issues of Tax Integration in the Practice of the Court of the Eurasian Economic Union: Commentary on the Advisory Opinion on the Case CE-2-1/1-22-БК2

Introduction. Economic and political processes in integration associations are accompanied by the convergence of the legal systems of their Member States. The area of harmonization, which is both important from the point of view of the formation of the internal market (indirect taxes) and sensitive from the point of view of sovereignty (direct taxes), is the sphere of taxation. Despite the long-term work on the harmonization of legislation on taxes and fees within the framework of the EAEU, there are still many issues that need both interstate and national settlement. Methods. The methodological basis of the research was made up of general scientific methods of cognition: analysis, synthesis, abstraction, induction, deduction, analogy, modeling, systemic, as well as private scientific methods – the formal legal method and comparative legal method. Results. The authors refer to the practice of the EAEU Court as a supranational judicial body with the authority to resolve disputes on the application of the sources of the EAEU law, as well as to clarify their provisions. Cross-border tax issues may become the subject of research by the EAEU Court, including in the procedure for the implementation of advisory competence. The acts of the EAEU Court allow not only to resolve the dispute, but also to eliminate possible conflicts in law, as well as the inconsistency of its understanding. The growing role of Court acts is noted precisely as acts of interpretation, which is shown by the examples of advisory opinions on tax disputes. The article examines the basic principles of collecting indirect taxes on the export and import of goods and services on the example of the advisory opinion on the case CE-2-1/1-22-БК, as well as comparisons with earlier cases considered by the EAEU Court, in which tax issues were raised. The connection of the considered problems with the concept of tax sovereignty is noted. Defining the boundaries of the circle of taxable persons is related to the tasks of national policy, including such as combating tax evasion and protecting the national fiscal base. Discussion and Сonclusion. In the course of the study, the authors come to the conclusion that the EAEU Court does not have the authority to determine the order of execution of the decision, as well as to apply interim measures, at the same time, the countries themselves participating in the integration association impose on law enforcers the obligation to adhere to the principles of maintaining confidence in the Treaty on the EAEU.

Практика розгляду судами справ про притягнення осіб до адміністративної відповідальності за вчинення домашнього насильства

The article analyses the practice of courts considering cases of bringing persons to administrative liability for committing domestic violence. As social conditions change, so do the forms of violent acts and the preconditions for their commission, as well as the practice of courts considering such cases. Domestic violence is behaviour in which physical and psychological coercion is used to establish and maintain control over a loved one, with whom the perpetrator is usually connected by common life or family ties. It is often a cyclical pattern of behaviour that escalates, endangering the life and emotional well-being of victims. The rights violated by domestic violence include basic fundamental rights protected by international law, such as the right to life and bodily integrity and freedom from torture and other cruel, inhuman or degrading treatment. The article identifies the penalties most often applied to persons brought to justice, including a fine, which is considered to be insufficiently effective because it may have an impact on the victim and because of the small amount of the fine. The problem identified is that the courts do not pay enough attention to clarifying all the circumstances of the case, and the justification for applying the type of penalty for domestic violence is insufficient. The problem of recording cases of domestic violence is equally problematic, as protocols are often drawn up in violation of the requirements of the Code of Administrative Offences. The problem of recognising children as victims in cases of violence committed in their presence remains. It is noted that the establishment of administrative liability for domestic violence is not a sufficiently effective means of combating domestic violence and preventing its recurrence.

Міжнародно-правові та національні гарантії реалізації права особи на захист життя і здоров’я

This article analyzes the norms of international and national legislation concerning the right of individuals to life and health protection, through the lens of their practical implementation. The study identifies the positive and negative aspects of the legislative regulation of the right to protection, examines the reasons for states’ non-compliance with certain international legal treaties, and offers several remarks on the effectiveness and feasibility of the established legal provisions. In particular, the publication emphasizes the high efficacy of the norms of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child in light of the practice of the European Court of Human Rights and the activities of UN specialized committees. At the same time, the paper criticizes the effectiveness of the provisions of the Geneva Conventions and their additional protocols due to the lack of proper mechanisms for their implementation and identifies the main reasons for states’ violations of the aforementioned international treaties. Among the main issues of the implementation of the norms of these conventions, the author identifies the lack of political will of the states, insufficient training and awareness of military personnel, non-compliance by states with international justice mechanisms, and the lack of effective control and monitoring of compliance with the norms of the conventions. Additionally, based on the analysis of the practice of applying the legal rules on necessary defense, the article highlights the urgent need to define the time limits of the defense situation and the criteria for determining the proportionality of actions during defense at the legislative level. Furthermore, to improve and eliminate inconsistencies between the provisions of the Criminal Code of Ukraine and the Constitution of Ukraine, the author proposes specific amendments to the Basic Law.

Are operations backed by best practices in American problem-solving courts?

ABSTRACT Background Problem-solving courts (PSCs) are specialized courts offering evidence-based interventions for rehabilitating and diverting individuals from carceral institutions. PSCs allow participants to address problems influencing their behavior, such as mental health and/or substance use disorders, while remaining in the community under court supervision. PSCs are designed to serve as linkage sites to support services and research supports PSCs’ efficacy in doing so. Objective Less is known about how PSC operations align with national best practices specified by All Rise (professional association of PSCs) in serving court participants. Methods This study explores whether American PSCs adopt All Rise’s 10 best practice principles based on surveys from a larger study of PSC operations reported by local (n = 849) and state (n = 42) PSC coordinators. Results Of the All Rise principles captured in our study, only 4% of courts adopted eight EBPs whereas 56% of the courts adopted four to six EBPs. PSCs using EBPs employed diversified staff positions, collaborated with multiple treatment providers, participated in treatment trainings, offered peer navigators, used validated screening tools, used varied treatment modals, and had eligibility criteria for participants to enter PSC programs. Conclusions PSCs’ operations were generally backed by some of All Rise’s best practices.

Modification and termination of legal services supply agreement

The article is focused on studying the possibility to modify and terminate legal services supply agreement. The author has noted that the volume of foreign investments is a significant stimulus for the recovery of the domestic economy, and this should be facilitated by proper protection of the rights of investors as less protected participants of investment relationships. All this will contribute to the need to streamline legislative mechanisms for regulating relations in the sphere of services provision. In particular, civil regulation of legal services, despite the extraordinary social importance played by relations on providing legal services in society, has not been sufficiently developed yet, in order to affirm that a fairly well-balanced regime for regulating these relations functions in Ukraine. The author of the article has indicated that the right to apply measures of operational influence by legal services’ customers requires a clear description in the legislation, but not to be established through a multi-stage interpretation of the relevant norms. The exercise of such a right should not depend on its enshrining in the terms of legal services supply agreements, i.e. its normative basis should be the relevant legal norms, which should increase the guarantee of protection of the rights and interests of the customers of such services as less protected participants of contractual relations. The author has proved that the application of legal services on protection by the customers in the form of terminating the agreement, first of all by filing the corresponding claim to the court, has no particular specificity, compared to similar protection within other contractual obligations. The analysis of court practice indicates the lack of acute problems requiring scientific description and resolution in this regard. There is a stable court practice in Ukraine regarding the protection of legal services’ customers through the termination of relevant agreements. Termination of the contract, as a terminating legal fact, protects rather the customer’s interests, but not the rights (for safeguard of assets; for concluding the same meritous contracts with other entities, etc.). The author of the work has specified that modification and termination of legal services supply agreements, which are carried out based on the understandings between the parties, as a general rule, are not applied in the context of the parties’ reaction to the offense committed by the counterparty, but due to other motives. In particular, a significant modification of circumstances can be mentioned among such motives.

Regarding the application of the terms «peace agreement», «аgreement on conciliation», «conciliation statement» in national procedural legislation

This article is devoted to the study of the application of the terms «peace agreement», « аgreement on conciliation «, «conciliation statement» in the procedural legislation of Ukraine. This study was conducted from the point of view of the content of these terms. At the same time, the etymological meaning of each term, its origin and meaning was studied. In addition, the study of the topic was carried out taking into account the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. Thus, in the ECtHR, it is also possible to apply the conciliation procedure through the conclusion of a relevant agreement by the parties to the case. The procedure itself and the document submitted to the court is called «friendly settlement». The use of the same term for the same legal institutions and phenomena is of great importance for legal understanding and law enforcement. In addition, when defining a term, not only the correspondence of the term itself to its meaning is important, but also the emotional coloring. That is why, in the course of the study, it was concluded that the term used in the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine is inappropriate. This is due to the fact that the subject matter of the case in court can only be part of a larger conflict that exists between the parties and will not be exhausted after the court approves the terms of the settlement agreement. And the use of the term «аgreement on conciliation» is considered more appropriate. The prefix «pri-» in the word means approximation, joining, incomplete action or sign. That is, the term «аgreement on conciliation» from the point of view of emotional coloring and meaningful content most corresponds to the tasks of the procedure under study. The application for conciliation, the submission of which is provided for by the Code of Administrative Procedure of Ukraine, also does not correspond to the content of the procedure of conciliation in court through the conclusion of an agreement by the parties to the case. A statement is a type of procedural document in which a party to the proceedings makes a claim or request. In turn, the agreements reached by the parties regarding the subject of the dispute and other procedural issues are recorded in the form of the agreement.

Right to information: legal positions of the Constitutional Court of Ukraine

The article reveals the legal positions of the Constitutional Court of Ukraine regarding everyone’s right to information. Attention is focused on information that is collected by state authorities, local self-government bodies, institutions and organizations, and which is not a state or other secret protected by the Law of Ukraine «On Information» and which every person has the right to familiarize himself with. Separate attention is focused on confidential information (information with limited access). One of the types of confidential information is medical information, which, on the one hand, in special cases provided for by the Fundamentals of the Health Care Legislation of Ukraine, can be disclosed to family members or a legal representative of the patient, and on the other hand, in accordance with the decision of the European Court of Human Rights person in the case of «M.K. against Ukraine» confirmation by a doctor of a patient’s illness to a member of his family, even if he learned about it from the patient himself, is an interference by the state in a person’s right to private life, and in the case of infectious diseases, it is qualified as not carried out «in accordance with the law». Attention is focused on the fact that such situations arise more and more when military personnel undergo medical examinations and that there are prohibitive norms of a special law that forbid the disclosure of medical information regarding a certain list of diseases of a military personnel to his employer (military unit), commander, family members of the military personnel. Regarding the confidentiality of information and about a person who holds a position related to the performance of the functions of the state, local self-government bodies, and about members of his family, the legal positions of the Constitutional Court of Ukraine are established: absolutely in each specific case it is determined whether information about a person belongs to confidential; there are guarantees of protection of the rights of the above-mentioned persons, and additional legal burdens, and therefore the state is called upon to ensure a balance of public and private interest. The article also draws attention to the fact that even under martial law conditions, control (direct; indirect) by institutions of public power is prohibited both in terms of content and dissemination of information, even if the state pursues such a goal as protecting the information space from what is considered harmful by the state information that is not necessary for society. The practice of the Constitutional Court of Ukraine on this issue is established. Attention is focused on the fact that censorship cannot be used in Ukraine to protect the information field of the state even in war conditions - it is prohibited in part 3 of Art. 15 of the Constitution of Ukraine.

Legal Protection of Copyright Works and Complex Intellectual Property Objects on Social Networks: Court Practice Issues

The paper examines modern approaches of court practice in order to determine the legal nature of complex intellectual property objects, as well as creative outputs generated on social networks. The author analyzes the Judicial Review of the Supreme Court of the Russian Federation 2024 and the practice of the Intellectual Property Rights Court, devoted to topical issues of judicial protection of creative outputs on the Internet, as well as doctrinal sources, foreign experience on the issues under consideration. A legal analysis of complex intellectual property objects, ways of using them on the Internet, as well as gaps in legislative regulation in this area is carried out. The issues of the legal status of the information intermediary, the definition of the violator in social networks, especially on telegram channels, as well as the possibilities and criteria for the application of interim measures in case of violation of copyright and related rights are considered separately. In addition, cases and examples from law enforcement practice are considered when the copyright holder may, at their discretion, allow or prohibit other persons from using the result of intellectual activity or a means of individualization, since the absence of a ban is not considered consent (permission), which is a frequent violation, especially on the Internet.

Ketinimas šaliai būti saistomai sudarant sutartis automatizuotai

The progress of automation is bringing back doubts in legal research about whether a party should be bound by the steps taken through automated systems used in contract formation. In response to these doubts, the article presents a critique of the so-called ‘separation’ theories, based on the arguments of the asynchrony of the will of the parties, objectivity, and the computer as a tool. It also aims to determine whether international soft law initiatives, as well as national legislation, are developing a universal and unified approach to the impact of automated systems on the conclusion of contracts. The UNCITRAL Commission, the European Law Institute, as well as legislators in both common and civil law jurisdictions, consistently reinforce the principle that contracts concluded by automated means must be recognized as binding, and legal consequences must be attributed to parties using automated systems. In the cases examined from the court practice related to automatically concluded contracts, the problem of assigning legal effects to the party using an automated system does not arise in principle.

The Nature of Constitutional Review of Judicial Decisions Exercised by the Supreme Court in Proceedings Initiated by the Extraordinary Complaint

The commentary concerns the nature of constitutional review of judicial decisions exercised by the Supreme Court in proceedings initiated by an extraordinary complaint. In the judgment under discussion, the Supreme Court found that the legal norm arising from Article 76 of the Constitution of the Republic of Poland expresses a constitutional principle and, as a result, constitutes an admissible standard of review of a judicial decision contested by an extraordinary complaint. The position of the Supreme Court should be considered as particularly interesting in the context of the jurisprudence of the Constitutional Tribunal, which generally rejects the possibility of invoking Article 76 of the Polish Constitution as a basis for a constitutional complaint, indicating that the legal norm arising from this provision has the character of a state policy principle and, as a result, does not create any rights or potential claims on the part of the individual. The commentary examines the mutual relationship between the notions of “state policy principle” and “constitutional principle,” and analyses the Supreme Court practice of reconstructing standards of constitutional review of judicial decisions. The considerations undertaken lead to the conclusion that the judgment under discussion is a manifestation of the departure by the Supreme Court from the previous practice of reconstructing standards of constitutional review of judicial decisions.