Judicial Appeal Research Articles

The concept of an individual act as the subject of a public legal dispute

The article is devoted to the study of the issue of the definition of an individual act as the subject of a public-law dispute, which is extremely relevant at the current stage of reforming state institutions and harmonizing the legislation of Ukraine in the process of negotiations on joining the European Union. The article indicates that public-law disputes regarding the appeal of individual acts cover all spheres of the public life of citizens and are a direct consequence of the implementation of public­authority management functions by subjects of authority. The state of administration of justice by administrative courts in 2020-2023 was studied, and a conclusion was made about the increase in the number of public legal disputes considered by administrative courts. Attention is drawn to the fact that domestic legislation is inconsistent in the field of terminology. In particular, the Law of Ukraine «On Administrative Procedure» uses the concept of «administrative act,» the Code of Administrative Procedure of Ukraine uses the concept of «individual act,» and the Law of Ukraine «On Law-Making Activity» uses «acts application of law,» «other individual legal acts,» and «other legal acts that do not contain legal norms.» In connection with this, subjects of authority often approach issues of terminological apparatus in different ways when processing hundreds of legal acts. In addition, the scientific community does not have a unified approach to this issue, operating with the concepts of «legal acts of state administration», «administrative legal acts», «individual administrative acts», «individual administrative legal acts» and «legal acts of individual action». Taking into account the researched material, it is indicated that most often an individual act is equated with the concept of an administrative act, which is narrower. Therefore, in the context of a public legal dispute, which includes both administrative and judicial appeals, it is appropriate to use the term individual act. It has been concluded that a unified understanding of the definition of an individual act by the scientific community and the legislator is extremely important, as it forms a unified approach to their application. Therefore, the definition of an individual act is proposed.

Ensuring the legal interests of a person in pre-trial criminal proceedings

In the science of the criminal process, there is no unified vision of the essence of a person’s legitimate interests and guarantees of their provision at the stage of pre-trial investigation. Ensuring a legitimate interest at the stage of pre-trial criminal proceedings is not supported by the performance of duties by other participants. An effective guarantee of the realization of a person’s legitimate interests in pre-trial criminal proceedings should be the real possibility of going to court to challenge the decisions, actions or inaction of law enforcement agencies. The presence of such a legal possibility should stimulate law enforcement agencies to take active actions aimed at satisfying legitimate interests. The criminal procedural law must provide for a mechanism to protect the legal interests of a person, both those that directly follow from the criminal procedural norms and those that are not provided for by the criminal procedural law, but are consistent with the spirit and principles of criminal justice. It can be argued that the legitimate interests of a person in pre-trial criminal proceedings are general legal and not prohibited aspirations of a person. Ensuring the legal interests of a person at the pre-trial stage of the criminal process should be ensured by a general obligation (general obligation) to take active actions by state bodies aimed at ensuring legal interests. The guarantee of the realization of the legal interests of a person in pre-trial criminal proceedings is the legal regulation in the criminal procedural law of the procedure for judicial appeal of decisions, actions or inaction of law enforcement bodies (including pre-trial investigation bodies) that prevent the realization of general legal aspirations of a person at the pre-trial stage of criminal proceedings. The need for regulatory regulation of the procedure for judicial protection of legitimate interests is determined by their legal nature, which provides for regularities in the actions of the participants of criminal proceedings of an undefined nature.

Мотивированное мнение налогового органа: правовая природа и возможности обжалования

This article examines the legal nature of the motivated opinion of the tax authority as the final document adopted in the tax monitoring procedure, taking into account the tasks it solves, initially formulated by the legislator when introducing a new form of tax control. The author substantiates the possibility of judicial appeal of the motivated opinion of the tax authority in the context of its legal nature as a non-normative (individual) act. Taking into account the existing law enforcement practice, the author has attempted to assess ways to protect the rights of taxpayers in case of disagreement with the content of a reasoned opinion and the prospects for the development of legal regulation and law enforcement in this area.

Registration shutdown of tax invoices / calculations of adjustments: prerequisites and consequences

This article covers the prerequisites and consequences of introducing a mechanism for the registration shutdown of tax invoices / calculations of adjustments. In fact, any innovations related to the administration of taxes and fees in the future have both negative and positive consequences for the state and business. That is why timely identification of negative consequences and shortcomings helps in the operational research and improvement of tax administration mechanisms, in order to increase the level of revenues to the state budget, reduce the level and risk of corruption and tax evasion, increase the level of business activity of businesses, as well as in order to prevent future scaling and generate concomitant negative consequences for the economy and budget of the country as a whole. We have studied current publications and articles of modern scientists and practitioners related to the administration of value-added tax. An assessment of the effectiveness of the current mechanism for the registration shutdown of tax invoices / calculations of adjustments is given. The main problems and incomplete development of the current procedure for the registration shutdown of tax invoices / calculations of adjustments, administrative and judicial appeals against decisions of regulatory authorities are highlighted. The consequences of introducing a mechanism for the registration shutdown of tax invoices / calculating adjustments on the level of economic activity of businesses, the judicial system of Ukraine and the tax system as a whole are studied. Based on the conducted research, we provided recommendations on ways to improve the existing system of value-added tax administration in the context of the mechanism for the registration shutdown of tax invoices / calculations of adjustments. In addition, options were proposed for combining electronic document management systems, tax audit, as additional monitoring tools for the electronic value-added tax administration service.

History of appeal of notarial deeds or refusal to perform them in court in Ukraine (late 18th - early 20th centuries)

The article is devoted to judicial control over notarial activities during the times of Austrian and Russian rule on Ukrainian lands (end of the 18th - beginning of the 20th century).
 It is noted that the 19th century is a significant period for the domestic notary, since it is at this time that it is formed as an independent institution in the system of law enforcement agencies. Two types of notaries were built on Ukrainian lands as part of the Austrian and Russian empires: Latin and state. As a result, the author conducts a comparative legal study of the mechanism of challenging notarial actions or refusal to perform them in court in different types of notary offices that were built in Ukraine at that time.
 It is claimed that the Russian notarial legislation was based on the Austrian one, in particular the Austrian Notarial Order of 1855 was laid as the basis of the Russian Regulation on the Notarial Part of 1866.
 It is concluded that it was not possible to build a Latin-type notary in Russia due to the lack of civil society and the prerequisites for its formation, as well as the desire of the state to put notary bodies under its control.
 On the other hand, the mechanism of judicial control over the activities of notaries in the two empires was similar. A notary public could be subject to civil, criminal and disciplinary liability for failure to fulfill his duties. It was within the framework of the latter that the institution of judicial appeal of notarial acts or refusal to perform them developed. Disciplinary proceedings carried out by the courts (in Austria also by the notary chamber as a notary self-governing body) regarding the consideration of such complaints were carried out outside the civil process, but it was possible to file claims to challenge the legal force of notarial acts under the rules of civil procedure. This was allowed by both the Russian Statute of Civil Procedure of 1864 and the Austrian Civil Procedure Code of 1895.

General characteristics of decisions within the disciplinary proceedings against a judge as a subject of judicial appeal

Improving the procedure for bringing judges to disciplinary responsibility is one of the important elements of judicial reform and strengthening the independence, professionalism and integrity of the judiciary. An integral element of such a procedure, on which its effectiveness largely depends, is judicial control over the decisions of the disciplinary body of judges. The article attempts to analyze the existing procedure for disciplinary proceedings against a judge from the perspective of the possibilities of judicial appeal against decisions made within this procedure.
 The aim of the work is to analyze the procedure for disciplinary proceedings against a judge, to identify the decisions which may be made within this procedure and to analyze them from the perspective of the possibilities of judicial appeal through the prism of the Supreme Court case law.
 The methodological basis of the study consists of general scientific and special research methods.
 Based on the results of the study, the author analyzed the statutory regulation of the procedure for disciplinary proceedings against a judge and the relevant case law of the Supreme Court. The results of the analysis showed that currently, decisions made within the framework of disciplinary proceedings against judges are not subject to judicial review, and only decisions of the High Council of Justice made upon review of the decision of the Disciplinary Chamber to bring judges to disciplinary responsibility can be appealed in court. The validity of such restrictions should be the subject of further research. In addition, certain provisions of the legislation on the possibility of appealing against decisions of the Disciplinary Chamber appear to be discriminatory, which has been recognized by the state.

The Principle of Guaranteeing Effective Means of Legal Protection: European and National Concept

The relevance of the research is determined by the novelty of the topic, taking into account the Law of Ukraine "On Administrative Procedure". The purpose of the study is to characterize the category "guaranteeing effective legal remedies" in the national administrative legal doctrine, taking into account the European standards for the protection of the rights, freedoms and interests of the individual, and to determine the directions of research into the problems of challenging administrative acts in public administration. The research uses many methods, including general scientific and special legal ones: comparative legal, systemic structural, analysis, synthesis, and others, which makes it possible to systematically and consistently approach the solution of scientific problems, to investigate different positions of scientists, the provisions of legal acts and formulate appropriate conclusions. An analysis of the essence of the principle of guaranteeing effective legal remedies was carried out. Two components of the principle are distinguished: 1) the right of a person to appeal the decision, actions or inaction of an administrative body; 2) the duty of an administrative body to inform a person about the method, procedure and terms of filing a complaint against an administrative act that negatively affects his rights, freedom or legitimate interest. This opens the way for in-depth scientific understanding of this topic. In the process of analysis, a number of problematic moments related to the incorrect use of the provisions of this principle were revealed. It is emphasized that the implementation of the principle will affect: a) a change in the format of interaction between individuals and administrative bodies in the direction of raising the standards of such communication; b) reducing the burden on administrative courts, etc.On the basis of the conducted research, conclusions were formulated and recommendations were made, namely, that the principle of guaranteeing effective means of legal protection: 1) is based on EU standards, taking into account national specificities; 2) is an additional mechanism for the protection of persons; 3) is implemented mainly at the level of the institute of administrative appeal, which has certain advantages compared to judicial appeal. Therefore, in the context of the transformation of national legislation, there is a need to conduct additional research on the specifics of the implementation of this principle, taking into account the realities of today.

Appealing against (Challenging) the Actions (Inaction) of a Non-Public Operator as a Special Way to Protect the Rights of a Gardener — Personal Data Subject

The paper is devoted to one of the most effective, but rarely used in practice, special methods of protecting the violated rights of the personal data subject in relation to gardeners, aimed at restoring violated rights and freedoms through appealing against the actions and/or inaction of a non-public operator. The purpose of the paper is to analyze the provisions of Art. 17 of the Federal Law of July 27, 2006 No. 152-FZ «On Personal Data» by means of the formal legal method and linguistic (grammatical) method of interpretation. It aims at not only giving a general description of this special method of protection, but also formulating the conditions for the gardener to exercise the right to judicial appeal against the actions/inactions of a non-public operator from the standpoint of the objective and subjective elements of the rule of law. The paper will be useful primarily for practicing lawyers and attorneys involved in the protection of the violated rights of gardeners — personal data subjects, whose garden land plots are located on the territory of closed dacha villages established on land plots appearing from land shares.

ON THE SUBJECT AND LIMITS OF APPEALS TO A COURT AGAINST ACTIONS (INACTIONS) AND DECISIONS OF THE BODIES OF PRELIMINARY INVESTIGATION AND PROSECUTION

Currently, against the general background of the legislator's desire to expand judicial control in criminal proceedings, the problems of the theory, legal regulation and practice of appealing in court against various actions (inactions) and decisions of the bodies of inquiry, preliminary investigation and the prosecutor are particularly complex and of particular interest. Purpose: to study problems related to the proper understanding and determination of the scope of circumstances subject to judicial appeal in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation. Methods: general scientific (dialectical, systemic, structural-functional, logical, etc.) and specific scientific (formal legal, comparative legal, prognostic, etc.). Results: the reasons are identified that lead to the uncertainty of understanding the subject and limits of the judicial appeal procedure under Article 125 of the Code of Criminal Procedure of the Russian Federation, causing numerous difficulties in law enforcement practice. The article offers possible ways of solving the problems.

ON THE LEGALITY OF THE JUDICIAL APPEAL OF THE INITIAL CHARGE DURING THE PRELIMINARY INVESTIGATION

The expansion of the scope of judicial participation (control) at the stages of preliminary preparation of the case is one of the main directions in the development of criminal justice. It can become a complete guarantee of the equality of the parties to legal proceedings, the competitiveness and fairness of the procedure. Currently, in the Russian criminal procedure, such control is provided only for actions (inaction) and decisions of the preliminary investigation bodies and the prosecutor affecting the constitutional rights of citizens (some preventive measures and investigative actions, seizure of property, criminal prosecution of certain categories of persons, resumption of long-discontinued cases, etc.). At the same time, the court often has to assess the evidence and the factual validity of the suspicion and accusation of a person, or the very need to continue the criminal prosecution. In this regard, the question arises of how to prevent the courts from prejudging the question of guilt. The adoption of standards of proof, including prima facie (evidence reasonable at first view), may serve as a guarantee when the question of guilt is examined in a purely preliminary sense, under the condition that guilt will be definitively established, only if the evidence presented by the investigator is confirmed during the trial on the merits. Since the current law (Article 125 of the Criminal Procedure Code of the Russian Federation) declares the possibility of appealing against any decisions of the preliminary investigation bodies if they affect, among other things, constitutional rights and freedoms, the question arises as to the legality of complaints about the unjustified bringing of the so-called initial charge, since it affects such constitutional values as the dignity and inviolability of the person, the presumption of innocence, the use of only admissible evidence in the administration of justice. In practice, however, there is no appeal against the charge, which affects the quality of the preliminary investigation, the legitimate interests of the accused and the burden on the courts of first instance. In order to prevent judges from forming a biased view of guilt, it is necessary to specialize judges or, as the most radical measure, to introduce the institution of investigating judges. The purpose of this study is to justify the possibility of a judicial appeal at the stage of preliminary investigation of the initial charge. The article uses empirical methods of comparison, description, interpretation, formal-logical method as well as specific scientific methods: legal-dogmatic and interpretation of legal norms.

Վարչական ակտի դատական կարգով բողոքարկման արդյունավետությունը «Պետական տուրքի մասին» ՀՀ օրենքի նոր կարգավորումների լույսի ներքո / The Effectiveness of the Judicial Appeal of the Administrative Act «On the State Tax» in the Light of the New Regulations of the RA Law

The purpose of the article is to assess the effectiveness of introducing new state duty rates in the event of a judicial appeal of an administrative act, which, in our opinion, leads to disproportionate interference in the constitutional right to judicial protection. In this article, we highlighted techniques and measures (method) aimed at identifying and highlighting the problems that currently exist after the abolition of existing state tax benefits. The focus of the article lies in examining the justification for multiple increases in state duty rates and the removal of existing incentives for state duty payment. These changes have resulted in an imbalanced impact on the constitutional right to access judicial protection. The article conducts a comparative analysis within the framework of upholding the constitutional human right to judicial protection and the constitutional principle of proportionality.

Features of monetary obligations in the integrated taxpayer card during administrative or judicial appeals

The article is devoted to the analysis of current legal and theoretical features of the reflection of monetary obligations in the integrated card of the taxpayer during administrative or judicial appeals.The tax authorities of Ukraine often violate the rights and legitimate interests of taxpayers in the exercise of their powers, including the conduct of tax audits and fixing its results in the relevant documentation. Tax audit is a special type of state financial control provided by the tax authorities of Ukraine. There are different types of tax audits and have their own characteristics of the researching the timeliness of financial reporting and payment of taxes and fees in full by the taxpayer. According to the results of the tax audit, the information should be included in the tax documentation of the taxpayer, but recently they enter such information with errors and sometimes violating the deadlines for entering such information. The display of inaccurate information in the integrated cards of taxpayers on the presence or absence of tax debt is the subject of a significant number of disputes with the authorities. Improving the mechanism for including operational information on the accrual of monetary liabilities in the tax documentation of taxpayers is an important issue that needs due attention, as it concerns the possible violation of their legal rights and interests. The process of administrative and judicial appeal of the amount of monetary liabilities determined by the results of the tax audit has its own features that must be considered by the tax authorities when displaying tax information in the integrated cards of taxpayers.Therefore, we investigated various methodological aspects of entering information about the taxpayer’s monetary obligations based on the results of the tax audit into the relevant information system, which provides the formation of integrated taxpayer cards. The peculiarities of the mechanism of interaction of subjects of state power are considered. The process of administrative and judicial appeal of certain amounts of monetary obligations of the taxpayer is analyzed. The peculiarities of the mechanism of providing information by judicial authorities to the tax authorities in order to include operational information on the accrual of monetary liabilities in the tax documentation of taxpayers are studied. A scientific analysis of some theoretical issues, the solution of which is related to the improvement of the legislation of Ukraine governing this area of relations. Key words: tax relations, taxes, judicial appeal, executive branch, administrative appeal.

Boniface I and the Apiarius Affair

An otherwise unremarkable letter of the fifth-century Roman bishop Boniface I (418-422) (Dilectionis uestrae), preserved in the two manuscripts of the Collectio Frisingensis prima but omitted from Coustant’s 1721 edition of early papal letters, acknowledging a report he had received from Bishop Faustinus and two presbyters, when seen in the context in which the manuscript compiler of Clm. 6243 inserted it, actually extends our knowledge of the Apiarius affair. This ultimately concerned the rights of the church of Rome to hear judicial appeals from African lower clergy, which is part of the broader question of the primacy of the Roman church. While it is well known to scholarship that the African churches sometimes had issues with what they considered to be Zosimus’ (417-418) Roman overreach into African ecclesiastical affairs, this letter is evidence that Rome under Boniface held to the same position and that the Africans objections were not personal but in response to Rome’s mistaken conflation of canons from the synod of Serdica with those from Nicaea. This was a matter the Africans believed they had every right to settle within Africa, as much as the Roman bishops believed they themselves were acting in good faith. The importance of the letter lies in it offering something of Rome’s own perspective on the Apiarius affair apart from the information filtered through the African synodal canons.

Analysis of mechanisms for appealing against decisions, actions or inactions related to the electoral process in Ukraine

The article examines of mechanism for appealing against decisions, actions or inactions related to the election process. It is stated that in the election process there are inevitable disputes that need to be resolved quickly, as the election process is a temporary and fleeting phenomenon. The Electoral Code of Ukraine guarantees the right to appeal against decisions, actions or inactions concerning the election process to a court or election commissions. Ukrainian legislation provides judicial and administrative procedures for resolving election disputes, which differ in the range of entities that have the right to appeal, the subject of appeal, the procedure for reviewing applications, the legal consequences of decisions.
 It was emphasized that the judicial procedure of resolving election disputes is a priority in comparison with the consideration of these disputes by election commissions. A comparative analysis of the Electoral Code of Ukraine and the Code of Administrative Procedure of Ukraine of the subject of judicial appeal, which allowed to trace the numerous problems associated with the use of certain terms and structures, which requires changes in these regulations to harmonize them, which will positively affect the mechanism of protection of the rights and legitimate interests of the subjects of the election process.
 It is noted that not only courts and election commissions are the subjects of resolving election disputes. Such entities include the State Register of Voters and law enforcement agencies. The legal status of the prosecutor in the administrative court process as a subject of protection of citizens' voting rights has been studied.
 Attention is drawn to the fact that accurate and strict observance by administrative courts of the Code of Administrative Procedure of Ukraine during the consideration of disputes concerning legal relations related to the electoral process is a prerequisite for ensuring their proper and prompt resolution to protect the rights, freedoms and interests of voters and others. subjects of the election process.

Procedures For Submitting a Judicial Appeal Before the Administrative Judiciary in The Kurdistan Region of Iraq - A comparative analytical study

The administrative judiciary is the specialist that promises to monitor the work of the administration in the countries that adopt the dual justice system, and Iraq as one of these countries. The legislator in the Kurdistan Region has followed the administration of the administrative judiciary as the Iraqi legislator followed at the federal level, and this matter certainly requires the presence of an organization It shows the work of this important and vital judiciary, by indicating the bodies that exercise the function of the administrative judiciary, as well as stating the conditions for submitting the judicial appeal before these bodies, and what are their procedures when considering cases that fall within their jurisdiction, in comparison with what the Iraqi legislator followed at the federal level with regard Organizing the administrative judiciary.

CONCEPTUAL ASPECTS OF PRODUCING A MEDICAL EXAMINATION IN JUDICIAL APPEAL OF CONCLUSIONS HAS BEEN IMPLEMENTED ON THE RESULTS OF A MILITARY EXPERTISE

Background. The activities of military medical examination bodies is a relevant subject of research, since by their medical and legal nature they affect a wide range of citizens who are undergoing military service (service in law enforcement agencies). In relation to these persons, according to the results of a medical examination and medical examination, military medical commissions issue various types of conclusions. Since the above conclusions are a document affecting the rights and freedoms of these persons, the scope of guarantees and compensations provided depends on these decisions, they (decisions, conclusions) are subject to appeal in administrative and civil proceedings. Accordingly, the resolution of these issues may become the subject of various medical examinations in court. When conducting a military medical examination in court, the courts may encounter practical law enforcement difficulties associated with the lack of regulation of this issue in the legislation governing the conduct of military medical examination.
 Materials and research methods. Based on the application of the methods of comparative jurisprudence, systemic and structural-functional analysis, the scientific literature, regulatory legal acts and court decisions on the issues of judicial appeal against the conclusions of the military medical examination are consistently studied. The analysis also examines the aspects of the appointment of a military medical examination in court, the features of the actions of the conclusions of military medical commissions in this case and their assessment as evidence in the implementation of legal proceedings.
 Results. Based on the study of scientific literature, the requirements of regulatory legal acts and law enforcement practice, it is proposed to amend the Regulations on military medical examination, in order to resolve the issues of issuing an opinion by the military medical commission, in the event of a military medical examination in court. ... Currently, the specified procedure is not defined, which leads to practical difficulties for the law enforcement officer.
 Conclusion. The proposed amendments to the Regulations on military medical expertise will fully resolve the issue of appointment and conduct of military medical expertise in court, as well as determine the scope of such conclusions and compensation for the cost.

Visa Refusals to Foreign Scientists Participants in Megascience Experiments, other Scientific Events and the Right to Appeal: New in the ECJ Practice

The paper analyzes the provisions of the legislation and the latest court practice of the European Court of Justice (ECJ) regulating the procedure for refusing to issue Schengen visas and other migration permits necessary for foreign scientists to participate in experiments using unique European mega-science facilities, as well as in other scientific events in the EU. The first section "Visa refusal and the right to appeal it in the EU: Historical and comparative legal aspects" examines the formation and initial content of the EU rules on the rationale and appeal of the refusal of Schengen visas, starting with the Schengen agreements of the 1980s and before the adoption of the 2009 EU Visa Code. The second section "Right to appeal against refusal of Schengen and equivalent visas" is devoted to the rules of the 2009 EU Visa Code regarding visas for short-term stays (up to 90 days within a period of 180 days), amended and supplemented by the 2017 EU Court of Justice prejudicial decision as in the case of "El Hassani" regarding the recognition of foreigners’ right to judicial appeal against a visa refusal and, in a broader context, "the right to a fair and adequate consideration of their application" for a visa. The subject of the third, final section "The right to appeal the refusal of visas for long-term stay and residence permits" are the provisions of the latest ECJ court practice (judgment in the case of "M.A." of 10.03.2021), which made it possible to challenge in the courts of the EU Member States refusals to issue even those migration permits that are issued in accordance with national law.

Appealing against Decisions on Reimbursement of Procedural Costs Made in accordance with Part 3 of Art. 131 of the Criminal Procedure Code of the Russian Federation

The legality and validity of the decisions of the investigator, inquirer and the prosecutor on the payment of the amounts related to procedural costs remain problematic due to the absence in the law of a mechanism ensuring the judicial procedure for their appeal. In order to fill this gap, the author studies the possibilities of introducing a procedure similar to the one enshrined in Art. 125 of the Code of Criminal Procedure of the Russian Federation. The paper analyzes the positions of the Resolution of the Constitutional Court of the Russian Federation No. 18-P dated May 13, 2021. It concerns the victims’ appeal against the decisions of the investigator and the head of the investigative body regarding the reimbursement of expenses for a representative. Some examples of judicial practice for resolving other disputes related to the reimbursement of procedural costs are also analyzed. It is concluded that the right of a person claiming to receive the amounts provided for in Part 2 of Art. 131 of the Code of Criminal Procedure of the Russian Federation against a judicial appeal made at his request is universal and does not depend either on his status in a criminal case, or on the type of the indicated amounts, or on the body or official that made the contested decision. Taking into account the practice of applying other norms on appealing against decisions of the investigating bodies, it was proposed to introduce Art. 125.2. The author formulate its content given the characteristics of the participants in the proceedings and the powers of the court to resolve the complaint.

Recent Judgement of the Italian Judiciary about medical assisted procreation (MAP): is informed consent valid after parents separation?

Law No 40/2004 regulates in Italy the matter of medically assisted procreation (MAP). Recently, the Tribunal of Capua Vetere expressed its position on the subject of informed consent in a case of MAP. In the specific case, a couple entered the preliminary stages of the PMA procedures, carrying out the fertilization of the ovum and the embryo production. Afterwards, the couple separated and the man denied consent to the continuation of the MAP. The woman, willing to proceed with the implantation, the woman made an urgent judicial appeal, obtaining the judge's permission to transfer the embryo to the uterus. This paper analyses the different bioethical positions on MAP's informed consent. In fact, on the one hand, the paper highlight what is set out in Law 219/2017 which provides for the possibility of the patient to revoke at any time the consent to the treatment given. On the other hand, it should be noted that Law 40/2004, willing to protect the embryo, establishes the irrevocability of the position of parental consent after fertilization. The judgment in question seems to favour this latter position, placing itself in the protection of the cryopreserved embryo and recall-ing the principle of entrustment following the fertilization of the egg. Nevertheless, the matter is controversial a consistent amount of legal developments are expected to arise in the next future.

Прагмалингвистический анализ законодательного жанра (на материале текстов немецких законов)

As a rule, legal genres are subdivided into three large thematic groups: “Legislation” (laws, regulations, instructions, acts, orders), “Case law” (judicial decisions, appeals, protocols, court orders and court inquiries), “Official documentation” (official correspondence, reports, contracts). This research focuses on the pragmalinguistic and linguo-stylistic analysis of German legislative texts. The authors describe the characteristics of legislative genres and single out their general and special language functions. The relevance of the article is based on the fact that in Russia and abroad there are few linguistic papers on the analysis of legislative genre and law texts. In the meantime, the given research direction is highly prospective for interdisciplinary studies. The authors argue that the function of nomination, the function of message, the function of influence and the function of communication are vividly manifested in legislative genre via multilevel language means. A pragmatic analysis of the legal norms of the German legislative texts shows that the latter are characterized by imperative and dispositive legal norms, while recommendatory legal norms for the texts of German laws are less typical. The methodological base of research includes contextual and functional analysis, linguo-stylistic techniques as well as descriptive and linguo-pragmatic methods of analysis.