Judicial Control Research Articles

INTRUSÃO RESIDENCIAL E INVIOLABILIDADE DO DOMICÍLIO: UMA ANÁLISE CRÍTICA DA ENTRADA NÃO AUTORIZADA SOB O PRISMA DO PRINCÍPIO CONSTITUCIONAL DA INVIOLABILIDADE

This study deals with the principle of the inviolability of the home, guaranteed by the 1988 Federal Constitution, and the legal consequences of unauthorised entry into homes. Violation of the home is an issue of great legal and social relevance, since it directly affects individuals' rights to privacy and intimacy. The main aim of this paper is to analyse unauthorised entry from the perspective of the principle of inviolability, investigating the legal implications and the situations in which the invasion can be considered legitimate. To this end, the study considers the exceptions provided for in the legislation, such as cases of flagrante delicto, disaster or rescue. The methodology adopted was based on bibliographical research, of a qualitative nature, using the deductive method to explore doctrine and case law dealing with the subject. Based on these sources, the work offers a critical analysis of the balance between the protection of individual rights and the needs of public safety. It concludes that, although there are legal exceptions to home entry, the application of these exceptions must be strictly controlled to avoid abuses and ensure that fundamental rights are preserved. The study also emphasises the importance of judicial control as a way of ensuring respect for due process of law.

Judicial control cause and causation in the United Arab Emirates

Judicial control in administrative law has become a necessity in administrations. Given the significant role it plays in confronting illegal activities and preserving property, money and the security of individuals in society. This research aims to introduce judicial in the United Arab Emirates and discuss the relationship between cause and causation.The descriptive analytical approach was used to study the research problem.the research conclude that cause and causation the most important element that enables the judiciary control the legality of the administration’s decisions. It is of great importance safeguards to protect individuals from abuse of administration by informing the person concerned of the reasons for making the decision, since the administration, in exercising its powers, must respect the set of legal rules established for it in the State.the research recommend that the competent authorities to make causation an essential part of the cause and a failure to render administrative decisions null and void in order to ensure transparency and to affirm the rule of law, with the exception of acts of supreme sovereignty, in order to preserve the supreme interest of the State.

Judicial Review of Administrative Regulations: Constitutional Justice vs Administrative Justice

The main purpose of the article is to discuss two forms of judicial control over administrative regulation (constitutional and administrative justice) and identify the problems related to the distribution of functions between them. The core of the research is the theoretical characterization of judicial review of administrative regulations and examination of Armenian practice. In particular, the article explains the essence and the features of administrative regulations and, on this basis, attempts to provide a scientifically grounded answer to the question of how their legality should be verified. As a result of the research, the author’s approach to the separation of the mechanisms of constitutional and administrative justice during judicial control over administrative regulations is presented. It is stated that the legality of administrative regulations can be verified within the framework of constitutional justice only in case the protection of human rights has not been ensured by the mechanisms of administrative one. This includes cases where legality of administrative regulations is discussed regarding their compliance with constitutional requirements.

Organization and implementation of judicial control at the stage of pre-trial investigation in foreign countries

The scientific article examines the peculiarities of the organization and conduct of judicial control of the preliminary investigation in European countries. It was determined that judicial control in historical retrospect dates back to the Middle Ages, so it has a long practical experience of application. It has been established that in the national legal systems of European countries, judicial control is organized differently, therefore the scientific literature confirms the existence of two types of models of judicial control depending on the purpose of judicial control in a criminal process. The first type of models is characterized by the presence of investigative functions and powers in the field of investigative actions for the representatives of the judiciary, who are authorized to exercise judicial control over the pre-trial investigation. The second type of models of judicial control in European countries is organized in such a way that representatives of the judiciary in pre-trial investigation are empowered with powers that are limited to resolving issues related to monitoring the observance of the rights and freedoms of the participants in the pre-trial investigation, without decisive influence on the course of the pre-trial investigation. The peculiarities of the specialization of entities that perform the functions of judicial control were analyzed and it was determined that they are divided into judicial bodies that are not separated from general courts (they lack specialization); judicial bodies in which there are separate positions of investigative judges in general courts; specialized judicial bodies. The advantages and disadvantages of the models of the first and second type of organization of judicial control over pre-trial investigation in Europeancountriesareestablished. Theadvantages of the first-type models are the cost-effectiveness of the organization of judicial control, the second- type models are characterized by a higher degree of quality protection of the rights and freedoms of a person in pre-trial investigation due to the exclusive specialization of representatives of the judiciary. It was determined that the peculiarities of legal regulation of judicial control over pre-trial investigation in Ukraine allow us to conclude that it belongs to the second type of models. Depending on the degree of specialization, the Ukrainian model of judicial control provides for the position of an investigative judge in the system of courts of general jurisdiction.

The dispute about the law in the claim about the appeal of notarial deeds or the refusal to execute them

The article is devoted to the disclosure of the concept and essence of the dispute about the right during the consideration and resolution of a civil case on challenging notarial actions or refusal to perform them. It is noted that historically, for a long time, appeals against a notarial act or refusal to perform it were considered as undisputed cases and were resolved in a civil process by way of a separate proceeding. But with the adoption of the Code of Criminal Procedure of Ukraine and its implementation, this category of civil case was classified as disputed, and therefore was already considered by the procedure of legal proceedings. The change in the order of consideration of the case led to the fact that both theoreticians and practitioners began to understand differently the nature of the «dispute about law» in this category of civil case, which had consequences not only in terms of the validity of classifying it as a case of legal proceedings, but also in the field civil jurisdiction. The author argues that when filing a lawsuit to challenge notarial actions or refusal to perform them, a civil law dispute arises, which arises not only from notarial procedural legal relations, but also from civil legal relations. Civil legal relations are the main legal relations, and notarial procedural legal relations are derivatives arising on the basis of the former and ensuring their implementation. That is why a civil law dispute arises between the person whose rights and interests are affected by the notarial act and the notary, as parties to this case, which is burdened by notarial proceedings. The peculiarity of this civil law dispute based on a claim to challenge a notarial act or refusal to perform it is that only one party claims material or non-material benefit, and the other does not. This is what distinguishes a claim for contesting notarial actions or refusal to perform them from other claims, where a dispute about civil law, which is burdened by notarial proceedings, arises between two subjects who simultaneously claim material or non-material benefit, which is behind the realization of the subject objective civil law. In connection with the encumbering of subjective civil law by notarial proceedings, when filing a lawsuit to challenge notarial actions or refusal to perform them, the purpose of civil proceedings is also complicated: in addition to the protection of subjective civil rights, freedoms and interests, judicial control of legality is carried out notarial activity.

JUSTICE AND SUBJECTIVITY IN MEASURE FOR MEASURE: BRIEF REFLECTIONS ON LAW AND LITERATURE

This article explores the complexities of justice, power, and subjectivity in Shakespeare’s work, focusing on Measure for Measure. The analysis connects Shakespearean themes to emerging philosophical and legal traditions in early modernity, particularly tensions over authority and social order. The play is intertwined with the views of Hobbes, Machiavelli, and Sir Edward Coke, who debate the role of law and central authority. Seventeenth-century England, in transition from feudalism to absolutism, provides the backdrop for this reflection. Hobbes, in Leviathan, advocated a strong central government, while Coke argued for the primacy of the Common Law and judicial control over Parliament. This judicial contention is reflected in the moral and legal conflict of Measure for Measure, where the intersections between law and subjectivity emerge vividly. Shakespeare, although not presenting a partisan position, articulates dilemmas that echo modern concerns about the use of force and the flexibility of the law, opening up room for interpretations about the role of judges and the manipulation of laws in favor of private interests. These debates are deepened by Shakespeare's reading of themes such as honor, virtue, and the tension between freedom and order, linking the work to an ongoing dialogue between literature, law, and politics.

On judges when the rule of law is under attack

A main question of the paper is why the courts, and the judiciary are such a main focus of those in power who attack liberal democracy today. First it adresses the connections between democratic decline and rule of law backsliding. Then it adresses some historical perspectives and compare the present situation to autocracies and totalitarian experiences in Europe in the twentieth century. Finally, it discusses different measures taken by autocratic rulers to limit judicial control, how to distinguish such measures from measures of legitimate legal reform, and how to counter such measures.

Autonomous and sectoral perception of the concept of "justice" and its relation to judicial control

The present study delves into the complex interrelationship between the notions of "justice" and "judicial control," examining their independent and sectoral meanings both inside and outside of the Armenian legal system. Despite the fact that the terms are frequently used synonymously, this study aims to define their specific functions, especially with relation to administrative and constitutional law. The research endeavors to redefine the extent of judicial control by means of a critical analysis of Armenian constitutional provisions and a wider framework of international legal perspectives. It presents judicial control as a crucial, yet independent, function of justice. It looks at how the idea of judicial control has changed over time and the various interpretations it has received in various legal systems, drawing on historical examples. The paper examines the typologies of judicial tasks using a combination of theoretical and comparative legal techniques, highlighting important differences between jurisdictional and non-jurisdictional judicial operations. The argument for the constitutional concept of justice's wider application than just settling legal disputes receives a lot of attention. The study shows that judicial control should be seen as a fundamental component of justice and essential to maintaining the rule of law, rather than as a secondary or auxiliary role, by looking at justice from a synoptic perspective. The article ends with helpful suggestions for improving judicial functions. It suggests that future legal changes should consider how justice is changing and how closely it is linked to judicial control in both the international and Armenian legal systems.

Correlation of the concept of «judicial control» with the concepts of «justice» and «judicial protection» in the criminal procedure of Ukraine

In the article, the author notes that the introduction of modern approaches to the legal regulation of the judicial control mechanism into the Criminal Procedure Code of Ukraine of 2012 was one of the right ways to realize the right to a fair trial. It is noted that judicial control, along with other mechanisms of criminal procedure, also ensures the implementation of the rule of law, a qualitatively new approach to understanding the rights and freedoms of a person in criminal proceedings, and a humanistic approach to criminal proceedings. The author also notes that both practitioners and scholars have repeatedly addressed the issues of the concept of judicial control, its features, and correlation with other categories and concepts. And the research by comparing the concept of «judicial control» with the concepts of «justice» and «judicial defense» will make it possible to establish new features of judicial control in criminal proceedings in Ukraine. That is why the author set as the purpose of the study to establish the correlation between the concept of «judicial control» and the concepts of «justice» and «judicial defense» in the criminal procedure of Ukraine. The article analyzes the works of Ukrainian scholars who reveal both the above concepts and their correlation, and also uses the decision of the Constitutional Court of Ukraine. The study concludes that judicial protection is an effective mechanism for guaranteeing rights and freedoms in criminal proceedings, and judicial control is a way of judicial protection. In the author’s opinion, it should be borne in mind that such control is exercised not only during the pre-trial investigation, but also during the judicial stages of criminal proceedings. The author concludes that justice and judicial control are separate functions in criminal proceedings. Their differences are related to the stages of criminal proceedings and their purpose and form of implementation. The subjective composition of the realization of justice and judicial control is not always different. Thus, in the case provided for in Part 3 of Article 309 of the Criminal Procedure Code of Ukraine, a judge will exercise judicial control over non-appealable rulings of the investigating judge, as well as justice in the same criminal proceedings.

Judicial control over the observance of human rights and freedoms during the consideration of the prosecution’s motions for permission to conduct covert investigative (search) actions in terms of observance of the principles of the right to a fair trial

The article is devoted to the problematic issues of regulation of judicial control during consideration of applications for permission to conduct covert investigative (detective) actions and use their results for other purposes, in terms of ensuring the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The principle of fairness of a trial is interpreted in certain judgments of the European Court of Human Rights as the proper administration of justice, the right of access to justice, equality of parties, adversarial nature of the trial, reasonableness of the trial, etc. The construction of Article 6 of the Convention indicates the existence of the following key elements of the right to judicial protection: 1) the right to a hearing; 2) fairness of the hearing; 3) publicity; 4) reasonable time; 5) hearing by a court established by law; 6) independence and impartiality of the court. The author examines the key issues affecting the objectivity of court decisions in this area, imperfections of the procedures provided for in the criminal procedure legislation in terms of ensuring the fairness of the trial, reasonableness and motivation of the court decision. Special attention is paid to the problems of ensuring the independence and impartiality of the court as a factor that significantly affects the legality of such decisions, and the author suggests ways to improve the effectiveness of judicial control in this area. According to the author the legal regulation provided for by criminal procedure legislation in the area of judicial control over covert investigative (detective) actions, both in terms of consideration of applications for permission to conduct activities related to interference with private life and the use of the information obtained in another criminal proceeding or for another purpose, does not ensure compliance with the guarantees of the right to a fair trial provided for in Article 6 of the European Convention. Along with the need to take effective measures aimed at ensuring the independence of the judiciary and the impartiality of judges, criminal procedure legislation also needs to be improved. In particular, the article suggests that reforms should be aimed at overcoming “formalism” in the course of consideration of applications for permission to conduct covert investigative (detective) actions.

Control measures during the enforcement process

This paper addresses the pressing issues surrounding the current mechanisms of enforcing court decisions in Ukraine, focusing on the inefficiencies that result in a low percentage of effectively executed judgments by both the State Enforcement Service (SES) and private enforcers. The study identifies the primary problems within the enforcement system, including insufficient legislative regulation, lack of effective oversight, and limited protection of debtor's rights. The paper provides an in-depth analysis of the existing mechanisms for control and appeal in the enforcement process, highlighting judicial control under Article 74 of the Law of Ukraine "On Enforcement Proceedings". The judicial control aspect is explored through the examination of court practices in both courts that issued enforcement documents and administrative courts. The paper identifies the number of appeals related to the enforcement process and discusses the effectiveness of judicial oversight. Additionally, the paper examines the extrajudicial control mechanisms, particularly the oversight exercised by the Ministry of Justice over both state and private enforcers. The study reveals significant challenges, such as the deprivation of the debtor's right to seek extrajudicial control, and discusses the reasons behind such legislative changes, along with their positive and negative consequences. The paper also presents the findings from recent research and publications that have begun to address these issues, and highlights the aspects of the general problem that have not been previously addressed, to which this paper is dedicated. To address these challenges, the paper proposes several improvements and legislative amendments. These include enhancing judicial control by establishing clearer criteria for reviewing appeals against enforcer actions, extending court powers to mandate specific actions by enforcers, and providing compensation for damages caused by unlawful enforcement actions. In terms of extrajudicial control, the paper suggests restoring the debtor's right to appeal to the Ministry of Justice, implementing a pre-screening mechanism to filter out baseless complaints, and strengthening the Ministry's monitoring capabilities.

Specifics of the Implementation of International Control over States’ Compliance with Obligations under International Humanitarian Law

The paper assesses the use of means of extrajudicial, judicial and public international control over states’ compliance with obligations under international humanitarian law (IHL), and formulates the concept of the institute of international control in IHL. It is noted that the non-judicial mechanisms of international control include: a) a system of protective powers carried out by states independently; b) a mechanism based on the mutual consent of the warring parties for a specific case of an ad hoc offense (a special procedure for investigating states in their non-hostile interaction); c) international fact-finding and investigation mechanisms carried out by international organizations and/or specially authorized bodies on the basis of a states’ obligation that arose earlier. According to the manifestation of the volitional component, the proposed structural control model can be characterized as competing. The institution of protecting powers allows a state that is not involved in an armed conflict to represent the interests of one opposing state over another through good offices. The states at war have pledged to accept the mission of the International Committee of the Red Cross or any other impartial organization. The International Fact-Finding Commission is the only permanent treaty body designed to promote compliance with IHL norms and ensure guarantees provided to victims of armed conflict. Conventions on prohibitions or restrictions on the use of military means contain their own control mechanisms.

The Improvement of the Criminal Procedure Mechanism for Selecting and Applying a Measure of Restraint in the Form of Prohibition of Certain Actions

Introduction: the court’s choice to prohibit certain actions corresponds to the general trend of humanization and liberalization of criminal procedure legislation and the more active application of measures of restraint not related to the detention of a person. The relevance of the issue of imposing prohibitions on certain actions in accordance with Art. 105.1 of the Criminal Procedure Code of the Russian Federation is also determined by the need to restrict the constitutionally significant rights and freedoms of citizens suspected or accused of crimes in order to create conditions for unhindered judicial proceedings, which are ensured by judicial control and other legal guarantees of fairness and proportionality of the chosen prohibitions. The purpose of the study is to eliminate doubts and ambiguities that arise when selecting and applying a prohibition on certain actions and to formulate proposals for improving the legal regulation of the measure of restraint in question. In the course of the study, such methods of cognition as formal legal in the form of studying the norms of law, specifically sociological and comparative law, were applied. Results: the paper formulates proposals to improve the criminal procedure mechanism for selecting and applying a prohibition on certain actions. Conclusions: the recommendations set out in the paper are aimed at developing uniform investigative and judicial practice and can be used in the educational process when teaching criminal procedure sciences, as well as in the practical activities of preliminary investigation officers, prosecutors, and courts.

La tensión entre el poder judicial y el poder ejecutivo en la emisión de medidas cautelares innominadas en contra de entidades gubernamentales: un análisis comparativo entre América Latina y Europa continental

The tension between the judicial power ('jurisdictio') and the executive power ('gubernaculum') has long been a contentious issue in the context of issuing unnamed cautionary actions against governmental agencies (Ríos Álvarez, 2015; Tridimas, 2006). This article explores the contrasting approaches to this tension in Latin America and Continental Europe, analyzing the legal and historical foundations, as well as the principles of separation of powers, judicial independence, and individual rights protection within each legal tradition (Cappelletti, 1989; Tridimas, 2006). Historically, Latin American jurisprudence tended to prioritize the protection of governmental prerogatives, hindering the imposition of temporary cautionary measures on the State (Ferrer Mac-Gregor, 2011; Courtis, 2008). Conversely, Continental Europe has seen a more robust evolution of effective judicial control over arbitrary administrative actions, including the development of innovative temporary measures (Caranta, 2018; Tridimas, 2006). Through a comparative analysis, supported by an extensive review of case law, legal frameworks, and academic literature (Guerrero, 2023; Ferrer Mac-Gregor, 2011; Courtis, 2008), this study identifies potential models from European jurisprudence that could facilitate a more balanced interaction between judicial and administrative authorities in the protection of rights in Latin America.

Judicial Control of Administrative Action in India through Writ of Quo-warranto

Abstract A comprehensive mechanism is available for judicial control of administrative action under the provisions of the Constitution of India, CPC, specific relief act etc. Firstly, it includes judicial review of administrative action under Articles 32 and 136 by the Supreme Court of India and under Articles 226 and 227 by the High Courts, Public Law Review and Private Law Review. Effective implementation of writ of quo-warranto is urgently needed as it is essential and significant to keep administration / public officials within their limits. Creation of an awareness claim of writ of quo-warranto is equally important. Quo-warranto is important to exercise control on public officials who are not performing their public duty reasonably and properly. It gives relief to the individuals against irregular administrative action. Writ of quo-warranto is crucial to keep administrative authorities within their limits which is the core object of administrative law. Indian judiciary has played crucial role in the effective implementation of writ of quo-warranto.

Análise jurimétrica de acórdãos fundamentados na Lei Anticorrupção e do controle judicial nos processos administrativos de responsabilização

The research examines the judicial control in administrative processes of accountability governed by the Anti-Corruption Law, by observing judicial decisions from second instance courts, encompassing Appeals, Interlocutory Appeals, Writs of Mandamus, and Necessary Reviews. The work is divided into three parts: presentation of the methodological itinerary, exposition of the doctrinal and legal aspects of the administrative and judicial processes of accountability provided for in the Anti-Corruption Law, and analysis of the collected data through the study of judgments, their grounds, and the presentation of comparative graphs. The justification for this research is based on the relevance attributed to the accountability of legal entities in the administrative sphere, as well as the importance of examining the jurisprudential actions in accountability processes governed by the Anti-Corruption Law. With the law approaching its ten-year anniversary in August 2023, there is a need for greater academic production, employing a qualitative and quantitative approach through the analysis of judicial decisions. The methodology combines techniques of bibliographic research, jurimetrics, and documentary analysis, encompassing both quantitative and qualitative approaches. The results of this study highlight inconsistencies in jurisprudence, such as difficulties in researching court websites, the application of Necessary Reviews in cases related to the Anti-Corruption Law, and the application of the theory of administrative deference on a case-by-case basis.

Functional component of the criminal procedural status of the Prosecutor's Office Head

The article examines the functions of the Head of the Prosecutor’s Office in criminal proceedings as an integral part of his/her criminal procedural status. The existing approaches to understanding the concept of “criminal procedural status” and its analogues are identified. It is noted that the function of the head of a pre-trial investigation body differs from the function of a prosecutor - procedural supervisor (at the pre-trial investigation stage) and a prosecutor supporting the public prosecution (at the trial stages of criminal proceedings). The above is determined by the prosecutor's powers which are determined by the criminal procedure law. The expediency of distinguishing four functions of the Head of the Prosecutor’s Office in criminal proceedings is emphasized: procedural guidance, public prosecution, organisational and managerial function and quasi-judicial control function. Based on the analysis of the Criminal Procedure Code of Ukraine provisions which vest the head of a prosecution body with procedural powers, the article establishes that some of these functions are exercised by the head of a prosecution body depending on his/her specific position (Prosecutor General, head of a regional prosecution office, etc.). It is also established that the approaches to determining the criminal procedural status of participants to criminal proceedings (subjects of criminal proceedings) available in the current scientific literature through the use of the terms “legal status” and “procedural status” are inaccurate, although not entirely wrong. Their use significantly expands the content of this category, which is illogical. The functions of the Head of the Prosecutor’s Office in criminal proceedings constitute the core, or basis, for determining his/her criminal procedural status in general, due to the close connection of this category with his/her powers (rights and obligations) in criminal proceedings, which opens up the possibility of studying other components of his/her status. It is also worth mentioning that under martial law, in certain circumstances, the Head of the Prosecutor’s Office may also perform the supervisory function of the court. These powers are unique and inherent only to the Head of the Prosecutor’s Office in criminal proceedings. Thus, the Head of the Prosecutor’s Office replaces the powers of the investigating judge to exercise the judicial control function, which indicates the quasi-judicial nature of such a function.

INTERACTION OF THE JUDICIARY AND THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the issue of interaction between the judicial branch of government and the highest official of the President of the Republic of Kazakhstan. The areas of activity in which the judiciary and the President interact are identified. Among the important and fundamental ones, the sphere of human rights and freedoms is highlighted, in which the Court and the President, as elements that make up the mechanism of the state, closely interact with each other in providing guarantees of constitutional rights and freedoms of the individual and providing them with judicial protection. Particular attention is paid to the constitutional powers of the courts to exercise judicial control regarding the compliance of acts of the President with the Constitution and the laws of the republic, as well as the administration of justice in criminal cases. Similarly, attention is drawn to the constitutional powers of the President to issue an act of pardon for a person convicted by the court, as well as to deprive him of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class, and state awards. The view is focused on the special procedure for implementing the constitutional and legal responsibility of the President and the termination of the constitutional powers of judges. The legislation and judicial practice of the Russian Federation in the issues raised are covered. The regulatory legal acts of the Republic of Kazakhstan defining the constitutional status and powers of the courts and the President were analyzed. Upon completion of the work, brief conclusions are given, arguing that courts and judges, firstly, when exercising their constitutional powers, have both external and internal independence, and secondly, they interact with all government bodies and officials, including the President, in strict adherence to the system of checks and balances that do not allow them to violate the unity of state power itself, its usurpation or concentration.

СУДОВИЙ КОНТРОЛЬ ЗА ВИКОНАННЯМ РІШЕНЬ У СОЦІАЛЬНИХ СПОРАХ

Two means of judicial control over the execution of decisions in social disputes are analyzed: establishing the obligation of a socially obligated entity to provide a report on the execution of the decision; imposing a fine on the head of the subject of authority responsible for the execution of the decision. It has been proven that currently there is no more effective means of ensuring the practical restoration of the violated right to social protection than the establishment of judicial control over the execution of the adopted court decision. It was established that at the first stages, judicial control over the execution of decisions in social disputes was indeed effective and stimulated socially-obliged subjects to properly and timely implement relevant court decisions, thereby ensuring the effective restoration of the violated rights of affected persons, however, in modern conditions, the effectiveness of judicial control in relevant disputes is significantly reduced. The article also states that the effectiveness of the relevant legal norms in modern conditions is nullified by the formed judicial practice, since the systematic obligations of a socially obligated entity to submit a report on the execution of a court decision do not lead to the practical restoration of the violated human right to social protection, which negatively affects both the social security of this person and the economy of the state, ensuring legality and the rule of law. It has been proven that the formed judicial practice actually led to double standards in the field of judicial control over the execution of decisions in social disputes, according to which judicial control involves active actions of the court even after rendering a decision on the merits of the dispute, and on the other hand, the imposition of a fine on the head of a socially responsible entity is possible only on the condition that the court establishes circumstances that testify to the deliberate non-fulfillment of the court’s decision, which the court is limited in its ability to collect. Key words: social protection, right to social protection, social disputes, judicial control, court decision, social legislation.

“NON-TRADITIONAL” AUTHORITIES OF COMMERCIAL COURTS REGARDING THE CONSIDERATION OF PETITIONS OF THE ANTIMONOPOLOGY COMMITTEE OF UKRAINE FOR THE GRANT OF PERMISSIONS FOR INSPECTIONS OF BUSINESS ENTITIES, INCLUDING ACCESS TO THE PREMISES, INSPECTION, SEALING, AREAS STATEMENT AND EXTRACTION OF PROPERTY

The article is devoted to the legal regulation of the powers of commercial courts regarding the granting of permission to carry out inspections, imposing arrests, seizing documents and information, as well as obtaining access to the premises and electronic communications systems of business entities, associations, authorities, local self-government bodies, administrative and economic bodies management and control at the request of the Antimonopoly Committee of Ukraine (hereinafter – AMCU) according to Article 252-1 of the Economic Procedure Code of Ukraine. It was determined that one of the innovations of the European integration changes to the legislative framework of Ukraine was the possibility of commercial courts to consider petitions of the Antimonopoly Committee of Ukraine regarding inspections of business entities, imposing arrests, seizing documents and information, as well as obtaining access to premises and electronic communications systems in cases of violations legislation on the protection of economic competition. It was established that the powers of the commercial court to consider petitions of the Antimonopoly Committee of Ukraine under Article 252-1 of the Economic Procedural Code of Ukraine fulfil the role of judicial control and should become a counterweight to abuses by the bodies of the Antimonopoly Committee of Ukraine. It was analyzed that access to the judicial practice of commercial courts regarding the granting of permission to the Antimonopoly Committee of Ukraine for inspection is not open and is not subject to publication in electronic form during the year. Accordingly, it is possible to analyze the real results of such European integration legislative changes no earlier than the end of the current or the beginning of the next calendar year. Changes are proposed to the provisions of domestic legislation, namely to the Commercial Procedure Code of Ukraine by including them in the powers of first instance courts in Section III “Claim Proceedings” and excluding them from the powers of appellate bodies in order to avoid instance conflicts and to part 4 of Art. 4 of the Law of Ukraine “On Access to Court Decisions” regarding the terms of publication of resolutions granting the right to the Antimonopoly Committee of Ukraine for inspection from one year to the date of completion of the inspection.