Court Of First Instance Research Articles

SPECIALIZED CRIMINAL COURTS REPUBLIC OF KAZAKHSTAN

In this paper, objective factors that served as the main prerequisites for the emergence of Kazakhstan specialized criminal courts are investigated, their historical path of development is described. The true state of specialized criminal courts at the present stage of the judicial system and judicial proceedings of the Republic of Kazakhstan is assessed. The author also outlines further contours of the development of specialized criminal courts and the improvement of judicial proceedings in criminal cases. All this represents the theoretical and practical significance of the topic. The relevance of the chosen topic is given by the ongoing judicial reforms in the Republic of Kazakhstan aimed at developing the judicial system and improving judicial proceedings in accordance with the principle of specialization of courts and judges. In turn, a more in-depth and more expanded specialization of courts and judges within the unified judicial system is recognized as one of the vectors of the development of the judicial system and the improvement of judicial proceedings of the Republic of Kazakhstan. The study of the organization of the structure and functioning of the activities of specialized criminal courts has shown that they are created according to the type of inter-district courts in cities of republican and regional significance, constitute the lowest link of courts of general jurisdiction, consider and resolve criminal cases on especially serious crimes as courts of first instance, including with the participation of a jury. When writing the work, the author used statistical data on the state of crime in the country for the period 2000-2022, as well as on the activities of the courts of the republic, including the number of acquittals for serious and especially serious crimes handed down in 2015-2022. The author pays special attention to the comments and recommendations of the UN on the periodic reports of Kazakhstan submitted within the framework of the state party's fulfillment of its obligations to implement the natural and inalienable rights recognized by the International Covenant on Civil and Political Rights, as well as on the achievements of the Republic of Kazakhstan in the use of these rights.

Regarding the involvement of the appellate instance by the court to participation in the case of a person in administrative proceedings

The article analyzes the procedural norms of the law that regulate issues related to the replacement of an improper party and the involvement in the case of persons who did not participate in the case and the practice of applying these norms by the appellate court in administrative proceedings. It is emphasized that during the administration of justice by the appellate courts of administrative jurisdiction, a certain ambiguity arose regarding the application of procedural norms, which determine the procedure for replacing the improper party and involving the second defendant (co-defendant) in the case. The question is raised why a person who did not take part in the case, if the decision of the court of first instance concerns his rights, freedoms, interests and (or) duties, can independently enter the court process at the stage of consideration of the case in the court of appeal and take participation, then why such a person cannot be involved in the case at the initiative of a party or a third person or at the initiative of the court. Attention is drawn to the fact that the current rules of procedural law, which regulate issues related to the replacement of an improper party and the involvement in the case of persons who did not participate in the case at the stage of its consideration by the appellate administrative court, limit the competence of the appellate court and prevent the consideration of administrative cases within a reasonable time, as required by law and needed by the parties to the case. It is noted that the inconsistency of the norms of procedural law, which establish the procedure for conducting administrative proceedings, creates problems of prompt response by administrative courts to the dishonest performance of management functions by subjects of authority and the unity of judicial practice, which in general has a negative effect on the protection of individuals and legal entities from violations of side of the government. Taking into account the analysis of relevant procedural norms, it was concluded that certain provisions that establish the powers of appellate administrative courts regarding the involvement of persons who did not participate in the case, but the decisions of the court of first instance may affect their rights and obligations, need to be improved. In particular, as it was concluded, the relevant problem can be solved either by reviewing and changing the established legal position by the Supreme Court, or by making appropriate changes to the procedural legislation, which, in the opinion of the author, is more likely and necessary to overcome legal differences. Key words: norms of procedural law, administrative court, appellate court, replacement of an improper party, involvement of a second defendant.

Wyrok Izby Europejskiego Trybunału Praw Człowieka z dnia 14 marca 2023 r. w sprawie Georgiou przeciwko Grecji, skarga nr 57378/18

In March 2023, the European Court of Human Rights issued a judgment concerning the former President of the Greek Statistical Office. The case was described as a test of the Greek justice system, and the issue at stake was the reliability of published statistics relating to the functioning of both the national and the Community economy. Andreas Georgiou was President of ELSTAT, the Greek equivalent of the Polish Central Statistical Office, from 2010 to 2015. In its first year of office, it provided the European Statistical Office with statistics relating to the budget deficit in Greece for 2009. According to Greek law, the competence to make statistics public rested with the Executive Board of ELSTAT, not with the President himself. The Greek authorities accused him of having committed the offence of abuse of power. Georgiou, on the other hand, claimed that he had acted in accordance with the principles of the European Statistical Code of Practice. It provides that the heads of statistical offices are solely responsible for decisions on the content and timing of the publication of statistical information. The defendant faced up to 10 years in prison. The Court of First Instance found Georgiou not guilty. However, the court of second instance sentenced him to two years imprisonment. The Court of Cassation rejected the appeal against the judgment of the Court of Appeal without, however, referring to the defendant’s objections relating to the need to refer a question to the Court of Justice of the EU for a preliminary ruling. Before the sentence came into force, Georgiou left for the United States. In the present judgment, the ECtHR found a violation of the Convention. The judgment is expected to restore confidence in Greek statistics and demonstrate the independence of the statistical office from pressure from the authorities.

Sentencing for treason under martial law

The article examines the issue of punishment for treason under martial law. It was found that in view of the full-scale invasion of Russia on the territory of Ukraine, the criminal legislation was supplemented by Part 2 of Art. 111 of the Criminal Code of Ukraine, which provides for responsibility for treason committed under martial law, and establishes a more severe punishment in the form of imprisonment for a term of 15 years or life imprisonment, with mandatory confiscation of property. 50 guilty verdicts passed by courts of first instance in criminal proceedings under Part 2 of Art. 111 of the Criminal Code of Ukraine. The results of such a study made it possible to determine some trends in the imposition of punishment for such a crime. It has been established that treason under martial law is committed under similar legal circumstances, which can be generalized and classified. During the research, it was established that in the absolute majority of cases for the commission of treason, regardless of the circumstances of the crime, mitigating and aggravating circumstances, data about the accused person, the courts impose a minimum sentence of 15 years of imprisonment with full or partial confiscation of property. At the same time, the maximum punishment in the form of life imprisonment is imposed in isolated cases, which, however, raises doubts about the expediency and justification of its appointment. It is established that the courts when choosing the amount of punishment, as required by Art. 65 of the Criminal Code of Ukraine, take into account data on the identity of the culprit and circumstances mitigating and aggravating the punishment. There were also cases of a milder punishment than provided for by the sanction of Part 2 of Article 111 of the Criminal Code of Ukraine, on the basis of Art. 69 of the Criminal Code of Ukraine. It is assumed that such cases of application of Art. 69 of the Criminal Code of Ukraine are not always justified and sometimes excessively reduce the punishment in comparison with the size of the punishment provided for in Part 2 of Art. 111 of the Criminal Code of Ukraine. The situation with the appointment of a minimum punishment within the scope of the sanction and the application of Art. 69 of the Criminal Code of Ukraine is explained by the imperfection of the sanction, which is difficult from the point of view of law enforcement. Based on the results of the analysis, the assumption was made that the sanction under Part 2 of Art. 111 of the Criminal Code of Ukraine, as well as suggested ways to solve this problem. Key words: treason, national security of Ukraine, martial law, punishment, sentencing, life imprisonment, an absolutely defined sanction, transfer to the side of the enemy, subversion, aggressor state, differentiation of criminal responsibility, individualization of punishment, confiscation of property.

Lis Pendens: How Oil Companies Spark Disputes in Nigeria: Energia Ltd and Ugboebili

Fishing in troubled waters appears to be the specialty of oil companies in Niger delta, Nigeria. This study which adopts the doctrinal method is a two-pronged work that looks at the relationship between Energia Ltd, an oil company that got a farm out from Elf Petroleum Ltd as a Local Content vehicle on the Emu-Obodougwa marginal field and the host families of Umu-Ozegbe family of Ogume in an earlier study and Umu-Ugboebili family of Emu-Ebendo in this study. It confronts and interrogates the circumstances that led Energia Ltd into building two huge Palaces for the Okpala Uku and Ada of Emu-Ebendo community on a disputed land which Umu-Ugboebili had lost to Gabriel Mgbonyebi and Ossai Olikili families in Suit Nos. NWACC/11/2011; NWACC/40/2011; NWACC/41/2011 and DCCA/5A/2014; and which the Umu-Ugboebili has tried unsuccessfully to over-turn before the Court of Appeal, Benin-City and currently, Court of Appeal, Asaba in CA/B/374/2014. The study is conducted by looking closely at the facts pleaded by the parties in the cases and the decisions of the courts and the implication of the decisions on the ownership of the two magnificent palaces given the common law doctrine of lis pendens through the cases. The study finds that although Energia Ltd and Ebendo community were clearly aware that Umu-Ugboebili family lost the entire land on which the family resides currently by virtue of the showing of the Litigation Survey Plan No: BENO/DT/2012/DIS/004 they tendered before all the three courts, Energia Ltd still went ahead and acquired the lis pendens from Umu-Ugboebili family and Emu-Ebendo community to build the two Palaces on troubled waters. It finds that Energia Ltd and such other oil companies in the third world are fond of the attitude of not staring clear from disputed lands and investigating unimaginative claims of natives who have been empowered by oil money and are out to undermine competent court decisions and in the process, compound the commensality that predated them on the spaces. It was further found that such moves have threatened traditional institutions and produced unrepentant colonies of natives in communal agitation who are eager to win cases at first whistle by compromising the court of first instance but will not go far in the appeals because of the nature of facts they purvey and the strength of the evidence they ventilate and the caliber of legal representatives they engage. The study recommends that the community liaison offices of the companies be manned by non-natives without biases for their neigbohours with previous acrimonies; and owners of the land such palaces are built in error should occupy them.

신원보증보험계약상 사용자 구상권의 범위

The employer who compensated for damages suffered by a third party due to an employee's illegal activities in an insurance policy of fidelity guarantee can use the right to indemnity against the employee for the remaining damages without being transferred to the insurance money received from the insurance company. However, the criteria for setting the scope of the specific amount of money are different from the original trial and the Supreme Court. The Supreme Court presupposes that the plaintiff's damages are the total damages paid to the third party due to the defendant's fault in determining the amount of indemnity for the policyholder of the insured. However, the Supreme Court overlooked that liability insurance is a contract that guarantees legal damages on the insured. In addition, in order to calculate the specific insurance premium in the event of an insurance accident, the liability limit of the fidelity guarantor must be determined after confirming the scope of legal liability for damages of the policyholder. This judgment of the Supreme Court does not correspond to the legal principle of liability for employer's liability under the civil law. In view of the fact that the plaintiff, who is the insured, enjoys unfair excess profits, it also violates the principle of actual expense compensation in the non-life insurance system. Therefore, the judgement of the court of first instance is right which judged the plaintiff's indemnity amount deducting the insurance money already paid from the legal damages.

Monitoring of use in court decisions the concept-category to vehicle of tax criminal offences

The article assesses the compliance of the conceptual and categorical apparatus of tax criminal offences with court decisions in criminal proceedings on these offences. In particular, court decisions in criminal proceedings on tax evasion and duties (mandatory payments) over the past three years, issued by the courts of first instance and appellate courts, as well as legal positions of the Supreme Court were analysed. The tendency of unjustified reduction of attention to tax criminal offences by law enforcement authorities was revealed, which is manifested in the lack of explanatory materials and recommendations for court proceedings, as well as by lawmakers. The article points out theoretical problems related to the lack of a common understanding of concepts and terminology; regulatory and legal problems related to the ambiguity of criminal, criminal procedure and tax legislation; law enforcement problems caused by the complexity of proceedings in cases of tax offences and unequal interpretation of laws. The author’s vision of the ways to improve the use of the conceptual and categorical apparatus of tax criminal offences in court decisions is expressed. In particular, this concerns: the development of theoretical and methodological foundations of cross-sectoral terminology; consistency in the interpretation of concepts and categories of tax, criminal, and criminal procedure law; elimination of conflicts in cross-sectoral legal regulation; and raising the awareness of judges in the tax area (specialisation in tax cases in local courts (in particular, in administrative and criminal cases related to taxation)); the development of criteria for the quality of court decisions and the introduction of disciplinary liability of judges for systematically passing unmotivated decisions cancelled by a higher court; updating research on the quality of court decisions in criminal proceedings of all court instances in the context of criminal offences in the field of taxation.

Peace agreements at certain stages of the civil process

The article is devoted to the analysis of the main theoretical and practical problems of the classification of settlement agreements according to the criterion of the stages of the civil process. The author supports the concept common in the theory of the civil process, according to which the stages of the civil process are distinguished according to the criterion of the closest procedural goal. According to this approach, it is claimed that it is possible to single out settlement agreements that can be concluded at the stage of preparatory proceedings, the stage of dispute settlement with the participation of a judge, the stage of consideration of the case on the merits, the stage of appellate appeal of court decisions, the stage of cassation appeal of court decisions, the stage of review of court decisions under newly discovered and exceptional circumstances, stages of execution of court decisions. The possibility of concluding a settlement agreement at the stage of opening proceedings in the case is denied, since this stage does not involve the participation of the defendant, who learns about the civil case only after receiving a court order to open proceedings in the case. In addition, according to the formed position of the Supreme Court, the conclusion of a settlement agreement is possible only after the opening of proceedings.It is indicated that at any stage of the civil process, where it is allowed to conclude a settlement agreement, its approval by the court is possible, except for the stage of settlement of the dispute with the participation of a judge, where the concluded agreement is approved at the stage of preparatory proceedings. It is noted that when concluding a settlement agreement at the stages related to the appeal and execution of the court decision, it should be taken into account that the dispute about the right has already been resolved by the court of first instance. Therefore, the legislator allows the court of appeal and cassation instance to declare invalid the court decisions of the courts of the lower instance when concluding a settlement agreement at these stages of the civil process. At the stage of execution of the court decision, it is not recognized as invalid, but the approval of the settlement agreement is carried out by the court, and not by a state or private executor.Motives for concluding a settlement agreement are determined after the legal dispute in a civil case has already been resolved by the court of first instance.

Controversial Issues of the Current Procedure for Appealing a Court Decision in Absentia

The article deals with the problems of legal regulation of appealing against an absentee decision in a civil procedure, namely the legal consequences of the receipt of the defendant’s appeal to the court, when the defendant missed the deadline for filing an application to cancel the absentee decision and the restoration of this time limit was denied. The authors conclude that if the defendant did not file an application for the annulment of the decision in absentia or he was denied the restoration of the deadline for filing such an application, the court of first instance should proceed from the fact that the appeal was filed against a court decision that is not subject to appeal in the appeal proceedings. The issue of applying the clarification given in the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2015) is considered, the article substantiates that at present these clarifications are not subject to application.

Dispute Resolution in Islamic Banking Industry Under The Iraqi Judiciary System

Islamic banking transaction is based on an interest-free system that is prohibited to deal with riba. Several Islamic banks in Iraq are governed by the Central Bank of Iraq. Due to the lack of Islamic financial courts and lack of professional judges in the Islamic financial field, Islamic banking cases are handled by civil courts in Iraq. However, Islamic finance disputes should be considered by special courts with qualified judges in the field. The Judicial Authority in Iraq is not based on the Sharia system and the Sharia court specialised in Islamic finance in Iraq does not exist. As stated in Article 89 of the Iraqi Constitution of 2005 that the federal juridical power is comprised of the Higher Juridical Council, the Federal Supreme Court, the Federal Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated under the law. Thus, Islamic banking disputes fall under the civil courts and the Courts of First Instance are responsible to handle cases of debt, and contracts. Furthermore, these courts are not specialists in Islamic banking and finance transactions. Therefore, a particular court, i.e. the Islamic financial court, should be among these courts in Iraq for resolving Islamic banking disputes. In addition, the special court has to include qualified judges who are familiar with Islamic finance.

Resolving the Issue of Exemption from Criminal Liability on Alternative Grounds in the Court of Appeal

A court of appeal has the right to dismiss a criminal case (criminal prosecution) and exempt the person from criminal liability. The legislator has not taken into account the peculiarities of applying alternative grounds for exemption from criminal liability, which are based on the possibility of assessing the positive post-criminal behavior of persons subject to criminal prosecution. The possibility of a court of appeal to overturn a conviction that has not entered into legal force, dismiss a criminal case and exempt a person from criminal liability on alternative grounds is influenced by a number of legally significant circumstances. These are as follows: the imperative or discretionary basis is subject to application; whether the court of appeal considers the issue of exemption from criminal liability for the first time or not; whether the appeal has established significant violations of the law that entail the reversal of the conviction. Courts of second instance should not ignore the discretionary nature that predetermines the special legal nature of the remaining alternative grounds. If the grounds for overturning a conviction are established, the court of second instance is entitled to consider the issue of exemption from criminal liability on alternative discretionary grounds; by contrast, in the absence of such grounds, the appellate court does not have the right to overestimate the circumstances of the criminal case. If the issue of exemption from criminal liability is first raised at the stage of appealing against a guilty verdict that has not entered into legal force, the courts need to find out the reasons why this issue was not resolved during the consideration of the criminal case by the court of first instance.

Особенности гражданского судопроизводства в Турецкой Республике: сравнительный анализ

The article analyses the legal regulation of the procedure of consideration and resolution of civil cases in the court of first instance in the Republic of Turkey with the aim of forming a common understanding of Turkish civil proceedings. The author’s attention is focused on some principles of Turkish civil procedure, the peculiarities of the procedure for bringing an action, initiating and considering a civil case in the court of first instance. Comparing the provisions of the Turkish Code of Civil Procedure and the Code of Civil Procedure of the Russian Federation, the author concludes that there are commonalities (e.g., common fundamental principles of judicial proceedings) and differences (e.g., rules governing the conduct of judicial proceedings). The author notes that Turkish law-making experience in regulating certain aspects of civil proceedings can be taken into account by domestic legislators.

Проблемы назначения наказания и пути их решения: анализ правоприменительной практики

The article deals with the issues of the justice of the sentence, which are of decisive importance for the legality and validity of the final act, as well as the fairness of the punishment imposed. It is based on the verdicts of the courts of first instance, which later, due to improper application of the criminal or criminal procedure law, were canceled by the court of appeal. Analysis of the mistakes made by the courts of first instance has been carried out, on the basis of which amendments to both the current legislation and judicial practice in criminal cases are proposed and systematized. Conclusion dwells upon the fact that in the course of sentencing and imposition of fair and lawful punishment the courts of first instance do not adequately take into account the degree of public danger of the committed act, as well as personal characteristics of the guilty person, in addition, the mitigating circumstances are not properly assessed.

Judicial and public control over the discretionary powers of the national regulatory commission in the fields of energy and public utilities

The article analyzes the judicial and public control over the discretionary powers of the National Commission for State Regulation of Energy and Utilities. The Authority of the Regulator in the field of setting tariffs in the energy sector is a broad discretion, therefore, an important legal issue is the regulation and implementation of control activities for their implementation.
 It has been established that the legislation does not provide for the responsibility of the National Commission for State Regulation of Energy and Utilities before consumers - natural persons for making illegal decisions, which can significantly complicate the process of receiving compensation by the consumer for losses incurred as a result of making such decisions by the National Commission for State Regulation of Energy and Utilities in court. This indicates a very high degree of risk and opportunities for abuse in decision-making by the regulator in the field of setting prices (tariffs), including for housing and communal services, which are related to his discretionary powers.
 The article analyzes court cases over the past 3 years by courts of administrative jurisdiction in courts of first instance, in which of the National Commission for State Regulation of Energy and Utilities was a participant (in 2019 – 117 decisions were made, in 2020 – 167 decisions, in 2021 – 179 decisions). However, the results of the analysis led to the conclusion of a very low level of legal activity of consumers - natural persons. Such a low activity of appeals by natural persons against the decisions of the National Commission for State Regulation of Energy and Utilities in the field of setting tariffs may indicate either a low level of knowledge in the field of current mechanisms for setting tariffs in the field of energy and possible public control over their adoption, the need to incur significant costs of time and money to appeal the decisions of the regulator, and mistrust in court in terms of making fair decisions in a dispute with a subject of authority.
 It was concluded that today the household consumer of services in the field of energy is practically not protected from the arbitrariness of the Regulator in the context of the presence of an effective mechanism for checking the use of discretionary powers by the regulator in the field of tariff insertion. In general, only a combination of judicial and public control can give a positive result in the direction of implementing the principle of good governance in the activities of all administrative bodies, including the National Commission, which carries out state regulation in the fields of energy and communal services.

The Characteristics of the Examination of the Testimony of a Witness Interrogated While Keeping the True Identity Secret

The article is devoted to urgent issues of law enforcement activities related to the study of the testimony of operational origin received from witnesses. At the same time, true information about the identity of such witnesses constitutes a state secret. This circumstance, as shown by an empirical analysis of judicial practice, puts the defense side before the need to treat such testimony with sufficient caution. As a result of the analysis of legal prescription that fi x the procedure for examining the testimony received from secret witnesses, the author comes to the conclusion that, by and large, they contain only some kind of formal access possibility for the defense to their research, leaving the decision of this issue exclusively to the court. The Resolution of the Plenum of the Supreme Court of the Russian Federation «On the practice of applying the law in the consideration of criminal cases in the court of first instance (general procedure of court proceedings) does not put a final point in the resolution of the issues. The explanations set out therein, contrary to the principles of adversarial and equality of arms, do not allow the defense to conduct a full examination of the testimony of anonymous witnesses. Moreover, the criminal procedural legislation does not contain a special basis justifying the presence of a real threat to the safety of a witness, if they assist the bodies of inquiry in the implementation of operational-search activities. The author formulated proposals aimed at solving these problems. It is necessary to create conditions in the courts in which it is possible to keep secret the identity of the confidential witness and take into account the interests of the parties. It is proposed to expand the list of grounds set out in the Code of Criminal Procedure of the Russian Federation as an additional special ground allowing for a reasoned approach to providing an opportunity to witnesses who have previously provided assistance to bodies of inquiry in the conduct of operational activities to carry out the security measures guaranteed by criminal procedure law.

CERTAIN ASPECTS OF ARTICLE 6 «RIGHT TO A FAIR TRIAL» OF THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

The article examines the issue of disclosure of the content of the principle of the rule of law, its elements and the practice of the European Court of Human Rights in the context of a violation of Art. 6 «The right to a fair trial». Changes to the Criminal Procedure Code of Ukraine regarding the restoration of lost materials of criminal proceedings under martial law are analyzed. The relevance of the study is determined by the fact that the principle of the rule of law, which was reflected in the preamble of the Convention on the Protection of Human Rights and Fundamental Freedoms and in a number of other international documents on human rights, must be ensured even during the war. After all, according to Art. 8 of the Constitution of Ukraine, the principle of the rule of law is recognized and applied in our country. In connection with the full-scale war and the legal regime of martial law, Ukraine faced many challenges, especially the criminal justice authorities, since peacetime laws could not regulate all the events and circumstances that arose. As a result of the events that took place in the spring and summer of 2014, as well as after the full-scale invasion of the Russian Federation into the territory of Ukraine, the government temporarily lost control over parts of the territory of Luhansk and Donetsk regions, where the courts of first instance and appeals were located, some of the materials of criminal proceedings also remained in this territory Therefore, the state authorities were faced with the issue of restoring lost materials of criminal proceedings to ensure the rights and legitimate interests of suspects and accused persons. These issues were highlighted in the decisions of the European Court of Human Rights in several cases against Ukraine. Therefore, the Verkhovna Rada of Ukraine made a number of changes to the legislation, in particular to the Criminal Procedure Code of Ukraine.

CRITERIA FOR EVALUATING THE TESTIMONY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS AT THE TRIAL STAGE

The publication is devoted to the scientific analysis of the criteria for evaluating the testimony of the participants in criminal proceedings at the trial stage. It has been established that the court is the only subject of evaluation of testimony of participants in criminal proceedings as an element of the proof process in the court of first instance. It was concluded that the evaluation of the evidence, in particular those contained in the testimony, from the point of view of propriety, admissibility, and reliability is carried out in relation to each investigated evidence and as a result creates a holistic perception of the circumstances of the criminal offense based on the entire volume of collected evidence.

The efficiency of the interim relief institution by suspending an individual or regulatory act

The article analyses the provisions of the Administrative Procedure Code of Ukraine on interim relief through suspension of a regulatory legal act and examines the Supreme Court’s case law with regard to the efficiency of application of this administrative procedure institution. In fulfilling the main tasks of administrative proceedings, the institution of interim relief is of great importance, as it allows the plaintiff to protect his or her rights and interests at the stage of applying to an administrative court by suspending the effect of an unlawful decision of a public authority. In the course of the court practice study, a gap in the current legislation and law enforcement practice has been identified, namely: when an interim relief order is cancelled by an appellate court, the authority believes that during the time its decision was suspended, such a legal act gives rise to rights and obligations for the parties. However, such a position of the authority is inconsistent with the provisions of the Constitution of Ukraine and the decision of the Constitutional Court of Ukraine, but is applied by the Supreme Court. To address this problem, it has been proposed to amend the Code of Administrative Procedure of Ukraine to provide that appellate and cassation courts, when issuing a decision to set aside a ruling on interim relief by suspending the effect of a regulatory act, should determine that the court ruling loses legal force from the date of the court's decision. In this case, the legislation should clearly state that during the time when the court of first instance ruling was in force, the effect of the legal act was suspended and did not give rise to any rights and obligations for the parties to the litigation, and in case the court ruling on interim relief is cancelled, the effect of the legal act does not have retroactive effect. The institution of interim relief should be effective and protect the violated rights of individuals.

Updated Grounds for Filing a Cassation Appeal: Constitutional Limitation or Constitutional Violation?

The relevance of the topic is due to the fact that the latest judicial reform has provoked a considerable influence on procedural relations and caused a number of problems for legal practitioners. The development of the main theoretical provisions took place since the 70s of the last century. In these studies, considerable attention was always paid to the procedural possibilities of applying to the court of first instance. At the same time, since the restoration of Ukrainian statehood, scientists have researched the value, limits of powers and, in general, the status of the Supreme Court in Ukraine. Ukraine has gone through many judicial reforms, most of which related to the courts of first instance and appeals. The main novelty, of the latest judicial reform, to which attention is paid in the article, is the updated grounds for filing a cassation appeal. Ukraine has declared a European course and adds all efforts to become part of the European family. That is why the latest judicial reform, which introduced these novellas, was carried out in the context of the European course. At the same time, the legal regulation of the possibility of applying to the court of cassation, actually restrict the constitutional rights and freedoms of a citizen, does not meet the standards announced in the decisions of the Constitutional Court of Ukraine and in the European standards, which became the main problem. The purpose of the article is to study the working documents that accompanied the relevant bills on amendments to the Constitution of Ukraine on justice, decisions of the Constitutional Court of Ukraine, the Supreme Court, as well as decisions of the European Court of Human Rights (hereinafter – the ECHR). The achievement of the outlined goal became possible due to the use of a set of methods of information analysis and synthesis. The article highlights and analyzes the working documents that accompanied the constitutional amendments on justice, the decisions of the Constitutional Court of Ukraine and the Supreme Court, the practice of the European Court of Human Rights, with the aim of identifying substantive disagreements and shortcomings. It is emphasized that the changes (at the constitutional and legislative level) actually restrict the content and scope of rights and freedoms, regarding the possibility of cassation appeal of court decisions, which were guaranteed by the Constitution of Ukraine and do not meet the principle of legal certainty. Based on the results of the study, conclusions were formulated and recommendations were made on the implementation of the right to appeal to the court of cassation.

The Problematic Issues of Jury Selection

It is known that the jury is not an institutionally separate legal entity. It functions alongside the Court of First Instance and is a special form of administration of justice. Unlike ordinary proceedings when a judge makes a decision based on the law, a jury trial relies on the opinions of ordinary citizens applying to their "inner voice" - conscience, "common sense", folk wisdom and intelligence, public morality, sense of justice. That is why jury trial is considered the highest expression of democracy. It is an interesting institution in many ways. The article reviews the problematic issues of jury selection.
 The article analyses theoretical and practical aspects of selecting non-professional judges, the preconditions of their selection, recusals and the jury composition. Legislative changes have been evaluated positively, but there are still challenges. Accordingly, the problems associated with jury selection are identified and the specific recommendations are made to prevent the process from delaying and choose independent, unbiased jurors.