National Court Decisions Research Articles

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.

National legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare)

The article, based on the study of doctrinal developments and the practice of states, reveals the issue of national legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare). The article highlights the position of the UN International Law Commission on the role of national legislation and state practice in implementing the obligation to extradite or prosecute; the practice of certain states (Finland, Estonia, Macedonia, Azerbaijan, Ukraine) regarding the legal establishment of the obligation to extradite or prosecute is considered; the measures that states should follow at the national level in order to effectively implement the principle of aut dedere aut judicare are defined.
 The article establishes that the determination of the legal nature and scope of the obligation aut dedere aut judicare is possible through the study of various types of sources in which this obligation is established (treaties, customs, international and national court decisions, national legislation of states). The obligation to extradite or prosecute has traditionally been established by international treaties of various types, the number of which is constantly increasing. The participation of many states in such international treaties (of a universal, regional or bilateral nature) is a reflection of the existing national practice of the states regarding the implementation of the principle of aut dedere aut judicare.
 It is substantiated that, along with treaties and customary (at least for the most serious international crimes) enshrining the principle of aut dedere aut judicare, national criminal law is an important source of the obligation to extradite or prosecute. The effective implementation of the principle of aut dedere aut judicare in each specific case will depend on the state’s fulfillment of both its international obligations and the implementation of the necessary measures (in particular, regarding the establishment of jurisdiction over offenders and criminal offenses) defined in national legislation with regard to extradition and prosecution.

Enforcement of decisions of national courts in cases of compensation for damage caused as a result of armed conflicts

The relevance of the study is due to the lack of proper legal regulation in the field of legal determination of the procedure for executing a court decision under which a foreign state (aggressor or occupier) acts as a debtor. The purpose of the study is to develop a mechanism for effective protection of the rights of Ukrainian recoverers in cases of compensation for damage by the state aggressor through the prism of proper enforcement of court decisions in these categories of cases. In the course of the study, a number of general scientific and industry methods are applied, in particular, the method of analysis and synthesis, system, structural-functional, dialectical, historical, and hermeneutical methods. The paper analyses the legal positions of the European Court of Human Rights regarding the right to appeal to the court in cases of debt collection from a foreign state as compensation for material and/or moral damage caused to individual applicants. The study examines the practice of the national courts of Ukraine in cases of claims of individuals – citizens of Ukraine against a foreign state for compensation of material and (or) moral damage caused by the invasion of the territory of Ukraine. It is established that a state cannot be allowed to use the doctrine of sovereign immunity as a shield for its violations of other doctrines of international law, such as international law on armed conflicts. The expediency of applying the model of functional (limited) immunity, which is becoming increasingly widespread and recognised by advanced countries of the world, is justified, considering its practicality and compliance with modern requirements for the development of society and leading trends in the development of international law. The results of the study can be used for further scientific developments of the outlined problems in the rule-making process, both in the conclusion of international treaties and in national legislation and in the law enforcement process in the implementation of legal proceedings

REVIEW OF REVERSIONARY RIGHTS IN THE SOLD-FLAT AGREEMENT OF SONG CREATION ASSOCIATED WITH LAW NUMBER 28 OF 2014 ON COPYRIGHT

The copyright reversion provision or known as reversionary right contained in Article 18, 30, and 122 Law of the Republic Indonesia Number 28 of 2014 on Copyright is a legal substance that has been regulated by various countries in the world. This provision is intended to provide justice for creators whose rights are often violated in the implementation of copyright transfer agreements with a sold-flat mechanism. Indonesia Copyright Law is not specifically determined an implementing rules or guidelines to exercise this rights of reversions provisions. In its application, there have been rejections from record producer company such as in the case of Constitutional Court Decision Number 63/PUU-XIX/2021. This article is placed to review the implementation of reversionary rights provisions in Indonesia by analyzing national dan international provisions and court decisions with normative juridical methods and comparative law, as well as analytical and exploratory descriptive approaches. The implementation of reversionary rights provisions in Indonesia will raise challenges of weak legal understanding and disruption of rejection by record producers, which will weaken aspects of the implementation process. The provisions of the stages of the submission notifications process and documentation of reversionary rights in writing applied by the United States and the Netherlands can be something that Indonesia develops in strengthening the implementation process of reversionary rights provisions. To exercise and enforce their reversion rights, songwriters can renegotiate the agreement with the record producer, file for compensation with the commercial court, or also join the Collective Management Organization.

Ensuring the right to life of various categories of persons in conditions of war

This work examines the issue of ensuring the right to life of various categories of persons in wartime conditions.
 In today’s conditions, the relevance and importance of the right to human life, its realization and protection is obvious, because without such a fundamental right, all other rights lose any meaning. Life is a necessary condition for the realization of all human rights and freedoms. This right is enshrined in all human rights treaties and is part of universal international law.
 It is noted that the decisions of international and national courts regarding respect for the right to life during an armed conflict are not always clear, as they often lead to threats to governments to withdraw from international human rights protection mechanisms. Mechanisms for protecting the right to life need improvement. On October 30, 2018, the UN Committee on Human Rights adopted General Comment No. 36 to Art. 6 of the International Covenant on Civil and Political Rights, where he tried to solve the main problems related to the protection of human rights to life. But, despite the adoption of such an important act, many questions remain open.
 The peculiarities of the state’s obligations to protect the right to life in the conditions of a military conflict include issues of jurisdiction in the conditions of the occupation of the territory; the list of obligations of the state during an armed conflict; the limits of the need to use force in legitimate military actions, in the context of the need to counter terrorist acts, conduct special operations; peculiarities of the investigation of facts of deprivation of life.
 It was concluded that the right to life is an inalienable right of every person, which is guaranteed by the Basic Law of our country, normative legal acts and a number of international acts.

Prerequisite for implementation of judicial control over the enforcement of judgments in Ukraine

Since the declaration of Ukraine’s independence, the system of enforcement judgments has undergone significant changes, which were caused by changes in the social order in the country and new challenges. The judicial control over the enforcement of judgments in Ukraine was implemented in a non- systematic manner, which led to its low efficiency.
 To solve the set goal, which was set during the introduction of judicial control over the enforcement of judgments, this article examines the prerequisites for the introduction of judicial control over the enforcement of judgments in Ukraine.
 Conditional division of the prerequisites for the introduction of judicial control over the enforcement of judgments into historical, legal and economic ones has been carried out.
 The historical prerequisites for the introduction of judicial control over the enforcement of judgments include the validity of Soviet legislation after the declaration of independence of Ukraine, which provided for control by a judge over the correct and timely enforcement of a court decision, that is, the actual exercise of judicial control over the enforcement of judgments.
 The legal prerequisites for the introduction of judicial control over the enforcement of judgments include the issuance of many decisions of the European Court of Human Rights and decisions of the Committee of Ministers of the Council of Europe, which stated the systematic non-implementation of national court decisions, as well as the existence of a structural problem in Ukraine regarding the non­implementation of decisions of national judicial bodies.
 The economic prerequisites for the introduction of judicial control over the enforcement of judgments include a negative assessment by Ukrainian entrepreneurs of the effectiveness and duration of enforcement judgments, Ukraine’s undertaking to reform the system of enforcement judgments to improve the conditions of doing business in the country, foreign economic relations with other countries, attracting investments, the conclusion of other economic agreements.
 Determining the prerequisites for the introduction of the institution of judicial control over the enforcement of judgments gives a clear answer to the purpose of the introduction of this institution, as well as ways to improve the procedure and forms of implementation, which requires more detailed research.

Pecu liarities of applying the practice of the ECHR in the consideration of election disputes in Ukraine

The article is devoted to the peculiarities of the application of the practice of the ECHR in the consideration of election disputes by national courts. It was noted that consideration and resolution of election disputes by the ECHR is a common way for the applicant to protect his electoral rights, but only on the condition that national remedies have been exhausted. It was found that one of the main norms used by the ECHR in cases of violation of election rights is Article 3 of Protocol No. 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to free elections, but when resolving election disputes, the court does not is limited only to it, and relies on the standards provided by Articles 6, 10, 14 of the Convention. The study of individual decisions of the ECHR, in particular against Ukraine, made it possible to conclude that the ECHR applies the following key principles and standards for consideration of election disputes: equality in electoral processes, transparency and unambiguity, justice of the judiciary, protection of fundamental human rights. It has been established that the peculiarity of the position of the ECHR regarding the consideration of election disputes is that: firstly, Article 3 of Protocol No. 1 to the Convention protects electoral rights only when forming a body of legislative power, secondly, the right to free elections is not absolute and each state can set certain limits, thirdly, decisions of national courts on election disputes must be based on sufficient evidence and meet the standards of justice. It was found out that the latest decisions of the ECHR based on the results of consideration of applicants' complaints regarding Ukraine's violation of Article 3 of Protocol No. 1 to the Convention relate to violations of vote counting, invalidation of election results in the electoral district, cancellation of candidate registration for repeat parliamentary elections in individual districts. It was concluded that such decisions confirm the need to study and take into account the practice of the ECHR regarding the consideration of election disputes in order to improve the constitutional and legal norms on elections, the norms of the legislation of Ukraine, which regulate the judicial procedure for considering complaints of subjects of the election process. However, it was emphasized that the ECHR election dispute review procedure has shortcomings, which indicates the need for its improvement in the future.

Round-up of European enforcement case law in 2022

... Whilst new challenges awaited us in 2022, with the war in Ukraine raging on and the economic downturn and high inflation, practitioners are still and rightfully so continuing to focus on IP Rights (IPRs). The most recent report on IP-intensive industries has shown again how important IPRs are for the economy and for the job market.1 Specifically regarding hybrid working, hybrid conferences and new technologies continued to present challenges in 2022 and, as far as IP is concerned, a specific focus was on non-fungible tokens and the Metaverse. To be able to embrace the future with its continued challenges, learning from the past is a must and, with that, this article aspires to be a helpful guide. The authors start by summarizing the relevant Court of Justice of the European Union (CJEU) judgments interpreting the Enforcement Directive2 before moving on to CJEU decisions pertaining to substantive IPRs. Part 3 covers the relevant decisions of national courts.

The Certificate of Inheritance – Legal Nature and Probative Value

The certificate of inheritance is the final act of the notary succession procedure which serves as proof of the quality of the heir and the property right of the accepted heirs over the goods of the successor mass, in the amount awarded to each heir. Doctrine and specialty literature continue to express controversy regarding this notary act, even in light of new provisions of the Civil Code. Consequently, the current paper aims to analyze the legal nature and the probative value of the certificate of inheritance, regarding the internal legal provisions as well as the European ones, by considering the decisions of national courts and the Court of Justice of the European Union.

The Dilemma of International Arbitration Awards in Indonesia

The final and binding nature of international arbitral awards results in the nullification of the rights of the parties to file legal remedies against the arbitral award, as is the case with decisions of national courts that can be appealed, appealed, or reviewed. However, Article 68 paragraph (2) of Law Number 30 of 1999 concerning arbitration and Alternative Dispute Resolution provides an opportunity for parties who refuse to recognize and implement an international arbitral award that can be appealed to, as well as Article 70 must also be explained that Article this applies only to national arbitrations. This of course creates legal uncertainty, disuse, and injustice for the parties. Therefore, what is highlighted in this research is what is the position of the final and binding international arbitration award in Indonesia. The research method used in this article is legal research using primary and secondary legal materials. The results of the research show that the position of international arbitral awards in Indonesia is not the same as the decisions of national courts because they cannot be appealed, cassated, and reviewed. Therefore, it is necessary to completely amend international arbitration arrangements by removing Article 68 paragraph (2) of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution in order to provide legal certainty, benefit, and justice for the parties.

Application of the EAEU law by national courts and development of judicial dialogue

The subject. This article examines the dialogue between the EAEU Court and national courts, on the one hand, as the application by national courts of the court of the integration organization, on the other hand, – as a recourse by the supranational court to the legal constructions that have been developed in the case law of the Member States’ courts.The purpose of the article is to confirm or disprove hypothesis that judicial dialogue between the court of the integration association and the courts of its Member States is the key to the effective application of supranational law.The methodological basis of the research is the doctrine of EU law, as well as the practice of Court of Justice of the European Union. The formal legal interpretation of the EAEU Court decisions and decisions of national Supreme Courts is also used.The main results, scope of application. One of the characteristics that differentiates the law of an integration organization from universal international law is its active application not only by the judicial body of such an organization, but also by the national courts. The plurality of actors in charge of the application of the law raises the question which of them have the authority of interpreting the integration law and the modalities of such an interpretation. One of the instruments that could help overcome the lack of uniformity of approaches regarding the interpretation and application of supranational law by the courts of several member states is the preliminary reference procedure. In the absence of such a procedure the burden of interpretation of supranational law rests on the national courts. Such a situation has arisen in the Eurasian Economic Union where the EAEU Court is empowered to interpret the law of the Union while settling disputes regarding the respect of EAEU law by its Member States, the challenge of the Eurasian Economic Commission's actions (failure to act) and decisions as well as delivering advisory opinions. The courts of the Member States, in turn, interpret the law of the EAEU in various fields of relations, including the ones where regulatory powers have been transferred to the supranational level. The analysis of national case law shows that in their application of EAEU law they premise their judgments on the principle of its primacy over national legislation.Conclusions. Judicial dialogue allows to prevent the non-uniform interpretation of the Union law by the court of the 5 Member States. It is a form of exchange of legal positions and concepts between the judicial bodies which, as a result, leads to a mutual enrichment of the legal orders by borrowing legal constructions and approaches.

Ambition as a Legal Concept in the Paris Agreement and Climate Litigation: Some Reflections

“Ambition” and its variants “progression” and “highest possible ambition” are cornerstones of the Paris Agreement and its 2/1.5 degrees C global warming goals, while ambition is at best implicit in the Framework Convention on Climate Change. Even though only a normative expectation in a system of self-assessment, under the Paris Agreement ambition serves as a yardstick for judging and discussing the adequacy of the NDCs. However, the content and meaning of “ambition” are far from being agreed upon and the applicability of the reformulated principle of common but differentiated responsibilities and respective capabilities does not provide clear answers. In these circumstances, the article looks for guidance from national court decisions that interpret, apply or consider the notion of ambition “on the ground”. These decisions address a number of elements of ambition. They may encourage more ambitious national action. However, they are mostly not specific enough to draw robust conclusions from them regarding concrete questions of application.

Medio ambiente, Derechos Humanos y proceso. El rol jurisdiccional en materia ambiental en el Uruguay

This research studies the main characteristics of the environment and environmental law; its conceptualization, principles, instruments and institutional framework in Uruguay. Likewise, it seeks to determine the relationship between the phenomenon of the environment and environmental law with two sectors of legal knowledge: human rights and procedural law. Regarding human rights, it is concluded that there is a human right to a healthy environment, established legally and constitutionally, as well as in various international instruments to which Uruguay is a party. The link with procedural law is present when it becomes necessary to defend this human right to a healthy environment before the courts, from the perspective of diffuse or collective interests, and even of individual interests. It is therefore useful to have an adequate profile of the judge called to rule on this type of matters, trained to adopt, with knowledge of the subject, the necessary preventive protection measures and to decide accordingly.The study of the most important national court decisions on this subject and of some noteworthy foreign cases is also carried out.

Obligation of the European Commission to review national civil court judgements?

National (civil) courts play a significant role in enforcing EU competition law as functional Union courts. This scientific article objective is to investigate the extent to which the European Commission is obligated to follow the decisions of national civil courts. The analysis requires an examination of the appropriate legal framework. As a result, in the first part of the paper, the European Commission obligation to take into account the decisions of the national courts from primary law perspective will be examined. Based on this, the second part explore the link between the European Commission and national courts from the standpoint of relevant secondary law. From the scientific methods we have used the analytical and descriptive method to analyse the current situation. By comparative method we introduce different views on the legal regulation. The presented topic has not been thoroughly examined in the literature on the subject thus far, giving the chance to identify avenues for future research.

Empirical Analysis of National Courts Vacatur and Enforcement of International Commercial Arbitration Awards

The empirical research in this article relies on a data set including all national court decisions on recognition, enforcement and setting aside (vacatur) of international commercial arbitration awards available in the Kluwer database that were rendered from 1 January 2010 to 1 June 2020.Within the time parameters of this study, there were 504 vacatur actions and 553 offensive recognition and enforcement actions. Those decisions were rendered by national courts in 74 different jurisdictions. The research coded every argument raised by defendants challenging the recognition and enforcement of awards based on grounds set forth in Article V of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as well as every argument raised by claimants to challenge awards based on the grounds set forth in Article 34 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. In addition to these grounds, several others, outside the two instruments mentioned above, have been identified in the data set. The results of the research are presented in the article below. An overarching conclusion would be that courts overwhelmingly enforce foreign arbitration awards, in 73% of the cases in the data set, without significant variations between courts in various jurisdictions, and, respectively, overwhelmingly refuse to vacate arbitral awards, with courts vacating in only 23% of cases, again without significant variations between courts in various jurisdictions. arbitral award, national court, set aside, vacatur, recognition and enforcement, public policy, UNCITRAL, New York Convention, due process, arbitrationRoger

Problems of Practical Implementation of the Procedure of Special Pre-Trial Investigation (in Absentia) in Ukraine

The article reveals the development and functioning of the institute of special pre-trial investigation in Ukraine. The genesis of the origin and implementation of a special pre-trial investigation in the current Criminal Procedure Code is determined. The changes from April 21, 2021 to the Criminal Procedure Code of Ukraine are analyzed in order to improve the functioning of this institution in terms of grounds for execution, delivery of subpoenas, obtaining a permit for detention in absentia, etc. The aspect of delivery of subpoenas is considered, which is related to the difficulty of proving the fact of receiving subpoenas by person and the practice of the ECHR and international conventions, which partially contradict the existing procedure. The decisions of the European Court of Human Rights are described, which indicate a violation of the person’s right to defense in connection with the implementation of a special pre-trial investigation. Negative aspects of the experience regarding the interaction of investigative units with the Interpol NCB have been identified, as well as the reasons for the latter’s refusal to include persons in the Interpol NCB databases and to declare persons internationally wanted. The unresolved issues with the subject and the moment of appointment of a defense counsel during the special pre-trial investigation procedure are described, which causes difficulties and contradictory decisions of national courts in this regard. The existing issues concerning the inconsistency of legal acts, which indicate the grounds for a special pre-trial investigation and the need to determine these grounds only in the Criminal Procedure Code of Ukraine. The need to enshrine the legal obligation of the investigator or prosecutor to reopen criminal proceedings at the time of consideration of a request for a special pre-trial investigation in order to avoid the return of these requests by the investigating judge has been revealed. The positive changes in the aspect of obtaining an indefinite detention order in respect of persons subject to a special pre-trial investigation have been analyzed, which will simplify international legal assistance regarding their extradition.

The Right to a Fair Trial and the Right to a Fair Decision in Slovak Criminal Law

Background: The right to a fair trial, resulting from international documents, the Constitution, and the legal order of the Slovak Republic, is confronted in terms of content with the requirement and reasonable expectation of fair decision-making in criminal proceedings. The paper seeks to define the concept of justice and its procedural and substantive aspects as the course but also as the result of criminal proceedings. Criminal proceedings are always aimed at resulting in a certain decision of the body active in criminal proceedings and the court. Criminal proceedings without a decision would not make sense. The content and quality of the decision, especially from the point of view of legality and fairness, reflect the legal culture of the state and its bodies. Methods: The scientific methods used in this article are legal comparison, content analysis of websites, functional analysis of legal acts, and analysis of the decisions of many international and national courts. Results and Conclusions: Justice in law has an ambiguous meaning from a legal-theoretical point of view, mainly because it is a concept with a high degree of abstractness. No legal-theoretical definition of justice can be found in the case-law of Slovak as well as Czech courts. In Slovak case law, the term justice occurs exclusively in the context of the right to a fair trial, i.e., at the procedural level. However, as already mentioned, the Criminal Codes also refer in several places to the term ‘fair decision’ as the result of criminal proceedings, i.e., the substantive level of justice. It should be recalled here that each individual has his or her own autonomous idea of justice and his or her own criteria for evaluating other people’s actions. It is almost impossible to reach a consensus on guilt and punishment in an individual criminal decision with the public and especially with the parties to the proceedings, i.e., the injured party and the accused. Especially, individual justice in the decision is debatable, especially in cases of diversions or in the application of the principle of opportunity.

Public opinion on freedom of religion (and its limitations) in penitentiary establishments in the light of international regulations

The issue of religious freedom while serving a sentence of imprisonment often occupies scientists from around the world. Basically, they agree that a prisoner, regardless of the act for which he or she has been convicted, has the right to religious freedom. Problems are posed, however, by the question of delimiting this freedom, especially at the level of the right to practise a chosen religion during prison isolation. The decisions of international tribunals and national courts are not uniform owing to the generality of the rules governing this issue. The initial research question that we pose is this: how does society perceive the right to religious freedom in prisons? Does a convict have the right to demand respect for the rules of his or her religion regarding diet, clothes, appearance and participation in religious services? We look for answers to these questions in research conducted in Polish society, one that is confronted by international regulations.

Who is the Owner? Newly Discovered Circumstances and the Principle of Legal Certainty in a Single Case Study

Background: The protection of property rights is one of the cornerstones of legal order. If we were uncertain whether ownership would be protected from claims or whether contract obligations would be executed properly, we could not regulate relations effectively. Courts play a crucial role in this mechanism of protecting the owner’s rights, giving parties possibilities for defence. This note is related to one of the last judgments of the European Court of Human Rights (ECtHR), the focus of which is on newly discovered circumstances and the principle of legal certainty. The facts of this case arose from a property sale contract with a condition, the validity of which led to the consideration of multiple cases by different Ukrainian courts. Methods: In light of the above, an analysis of this ECtHR judgment, as well as the final and interim decisions of Ukrainian courts, with regard to Ukrainian legislation and case law was prepared. The main challenge was the absence of the oldest decisions of national courts in the state register of court decisions, which contains only decisions from 2011. Even so, the facts of this case were described in detail in the latest courts decisions. Results and Conclusions: The following analysis provides an argument against reopening procedure without proper grounds, which lead to the violation of the right to a fair trial in civil procedure in Ukraine.

«Достаточная убежденность» при разрешении дисциплинарных споров о манипулировании результатами спортивных соревнований

In its decision CAS 2011 / A / 2490, the Court of Arbitration for Sport (hereinafter - CAS) noted for the first time that there is no universal standard of proof (which, for example, is established in the WADA Code in anti-doping violation situations), although there is “consistency in this matter between sports associations is desirable”. Historically, the use of the “comfortable satisfaction” standard has dominated the resolution of disciplinary sports disputes. The strictest standard “without any reasonable doubt” (all doubts in favor of the person brought to justice) is not applied in sports, since it has the legal nature of public procedural branches of national legal systems - for example, in Russian criminal proceedings. At the same time, the refusal to raise the level of the standard of proof to “without any reasonable doubt” does not prevent the jurisdictional body of the federation, CAS from recognizing the court's verdict as evidence, albeit without prejudice. At the same time, in our opinion, such a position is relevant if the denial of the prejudicial significance of national decisions also makes it impossible to confer exclusivity on a sentence, a court ruling as evidence of the charge. In many of the disputes we examined federations had access to investigations by national law enforcements and sometimes to judicial decisions. Such materials, decisions for evidence purposes were provided by the national federations while resolving disputes in the jurisdictional bodies of international sports federations and CAS. With such a status quo, is it possible to speak about the lack of the necessary powers and resources? Formally, yes, because, firstly, it is necessary to gain access to evidence, which is due to the specifics of the legislative system of a particular state and may not be provided, and secondly, the evidence was not collected and evaluated by the bodies of sports federations, the latter use the results of investigative measures and law enforcement activities of state bodies. On the other hand, when the international sports federations and the CAS had at their disposal criminal investigations and decisions of national courts, as well as the jurisdiction of national federations, the evidence was considered as “comfortable satisfaction”. For law enforcement investigations and criminal court verdicts, reference can be made to the higher “without any reasonable doubt” standard of proof, which involves the use of the decisions and evidence presented in it in favor of the manipulation charge in resolving disciplinary disputes at a softer standard. A similar rationale can be extended to decisions of the jurisdictional bodies of national sports federations if they are based on the results of law enforcement investigations and / or court decisions. The authors declare no conflicts of interests.