Judicial Procedure Research Articles

The Institute of Reconciliation in Russian Law of the XI-XVI Centuries

The object of the study is pre-trial and judicial conciliation procedures in conflicts between subjects of Russian monarchs. The subject of the study is the legal norms regulating these procedures, their genesis and development since the formation of the Old Russian state, contained in the legislation of individual principalities and the Moscow State. The need to write this article is caused both by the general vector of development of the science of the history of state and law of Russia, and by not quite correct ideas about the history of the institute of reconciliation among domestic researchers, especially specialists in the field of criminal law and procedure. The purpose of this work is to restore the scientific nature of the study of the genesis of the institute of reconciliation in Russian law. Particular attention is paid to the involvement of judicial practice illustrating the widespread use of conciliation procedures, including in the commission of serious crimes. Comparative legal analysis allowed us to show the development of the institution, the persistent desire of the legislator to reconcile the parties, including in the commission of serious crimes that caused significant property damage. The conducted research allowed us to conclude that reconciliation between the conflicting parties, carried out since ancient times according to custom, has already been legally regulated in the Moscow Kingdom in three directions: 1) in a pre-trial order; 2) after applying to the court, but before the start of the consideration and 3) after the verdict, before the judicial duel.

Justice for war crimes in Ukraine: In search of an optimal model

The article is devoted to the investigation of the problems of finding and applying the optimal mechanism for bringing to international criminal responsibility persons guilty of committing war crimes on the territory of Ukraine. During the research a set of methods of scientific knowledge was used. Among them: dialectical and formal logic, analysis, abstraction, historical, comparative, system-structural and modeling methods. The investigated problem is considered through Ukraine's obligation to ensure compliance with the right to a fair trial for persons accused of committing war crimes. The paper provides current statistics on the number of war crimes committed on the territory of Ukraine in 2022 and, furthermore, provides their classification in accordance with the provisions of the Statute of the International Criminal Court. The known historical models of international criminal justice are highlighted, their general features and differences are given. The shortcomings of the model of judicial procedure for war crimes chosen by the Government of Ukraine are highlighted. As a result, the author's model of international criminal justice is proposed in accordance with the specifics of the situation in Ukraine.

An Overview of the Portuguese Electronic Jurisdictional Administrative Procedure

In this paper, we seek to define the Portuguese Electronic Jurisdictional Administrative Procedure and characterize the scope and success of its implementation in terms of access to justice and court efficiency. It encompasses different perspectives on the judicial system and the electronic administrative procedure, reflecting the diversity of its authors, and combines a theoretical approach and discussion with statistics produced with official judicial data. Therefore, it introduces the issue and its background and discusses the models and principles of electronic judicial procedure and its representation in the Portuguese judicial procedure and law. It also presents the Portuguese exceptional and temporary regime for conducting judicial hearings in the context of the COVID-19 pandemic, discussing its merits and presenting the corresponding judicial statistics. The paper concludes that the advent of electronic judicial procedure, driven by technological advancements and aiming to achieve procedural effectiveness and efficiency, represents a paradigm shift and a change in the nature of the legal process, i.e., an ontological transformation in the theory of the process that requires a robust conceptual framework, to ensure consistent interpretation and application of procedural law and to guarantee respect for equality and legal certainty.

Investment Tribunals as Courts of Appeal? Determining State Responsibility for Substantive Denial of Justice

Abstract The contribution looks into the circumstances under which states can held be responsible for the content of judgments rendered by their courts pursuant to the denial of justice standard. The standard has received increased attention in the context of investor-state arbitration, where it has become widely used as a measure for determining the propriety of judicial conduct. Although ostensibly claimed to concern solely the propriety of judicial procedure, in the practice of investment tribunals, the standard has no less frequently been applied to measure the substantive adequacy of domestic courts’ judgments. The contribution examines this emerging practice by mapping the jurisprudence and evaluating the nature of arbitral tribunals’ scrutiny. It also sets out certain normative considerations that should guide the tribunals’ assessment of whether or not a particular judicial outcome is an adequate one from the standpoint of international standards of administration of justice. The contribution advances three arguments: first, that judicial decisions, as the final product of the domestic adjudicative process, can properly be the object of scrutiny by arbitral tribunals; second, that the task of arbitral tribunals must be limited to determining whether the particular decision is supported by adequate reasoning, and does not extend to inquiring whether the substantive outcome – i.e. the judicial decision on its merits – is also reasonable as such; and third, that the substantive review performed under the denial of justice standard necessarily requires the application of deferential standards of review.

Prosecutor and court: strategic balance

The article deals with the discussion issue of the role of the prosecutor in judicial proceedings through the prism of the principle of adversarial parties and the main powers of the prosecutor’s office in the legal state. The conclusion is made about the inconsistency of the regulatory regulation of the supervisory powers of the prosecutor in relation to the preliminary investigation and inquiry bodies, which entails a different format of the behavior of prosecutors in forensic proceedings. The dual situation is critically assessed, when the prosecutor does not support the petition of the preliminary investigation authorities in court. The author analyzes the ways out of this situation, proposes to reformat the relationship of the prosecutor with the investigator, transferring the authority for procedural management of the inquiry from the prosecutor - the head of the inquiry unit. It will allow prosecutors to concentrate all the efforts on supervision of respecting the rule of law in pre-judicial criminal cases production, to change a role of the prosecutor in judicial and control procedures.

The principles of justice and reasonable period in commercial procedure: the impact of the provisions of the European convention on human rights and the decisions of the European court of human rights on their implementation

The article is devoted to the study of the principles of judicial procedure enshrined in the European Convention on Human Rights, their impact on the implementation of commercial procedure in Ukraine, in particular, the standards of fair justice. The purpose of the article is to generalize and systematize approaches that exist in legal doctrine and law enforcement practice regarding the subject of research. The study of the principles of judicial procedure enshrined in the European Convention on Human Rights, the directions of their impact on the implementation of economic justice in Ukraine, including the standards of fair justice, is necessary and relevant for the further reform of economic procedural legislation.
 The article examines in detail the issue of the implementation of the principles of justice and reasonable terms of justice in economic litigation based on already existing scientific developments and current legislation. The methods used in the research allowed the author to come to the following conclusions. Legal mechanisms that ensure the implementation and protection of the evolutionary ideas of the fairness of justice are of crucial importance for the understanding by the participants of court proceedings of the very content of the economic process, the observance by the court and other participants of economic proceedings of the rights and freedoms established by law, the decision-making algorithm, which must meet the criteria of transparency and honesty and expediency, as well as understanding the controllability of the specified processes. As for the principle of a reasonable period, based on the positions of the researchers, it was determined that a reasonable period is considered as an objective (i.e. impartial, free from biased and subjective attitude) period necessary for the performance of all necessary procedural actions in economic litigation. A reasonable term is a period of time when court proceedings are objective in nature without significantly exceeding the framework established by law. The results of the research show that the practical judicial guidelines on the application of the principles of the European Convention on Human Rights and its fundamental freedoms, which are contained in the decisions of the European Court of Human Rights, contribute to the consistency of the approach of various national legal systems to the application of justice standards, including in commercial litigation.

The Review of Legal Aspects of Judges' Retirement in the Light of Laws, Regulations and Judicial Procedure

The Review of Legal Aspects of Judges' Retirement in the Light of Laws, Regulations and Judicial Procedure

필요적 조세전심절차의 개선방안 연구

To protect the rights and interests of taxpayers, it is crucial to have a constitutional, legal, and economical tax appeal system in place. The Constitution of Korea grants citizens the right to request a trial, and in the case of an administrative trial, it stipulates that judicial procedures shall be applied mutatis mutandis. However, the current mandatory tax pretrial procedure may pose challenges to this right as it falls under administrative adjudication, necessitating the application of judicial procedures mutatis mutandis.
 This study is based on the decision of the Constitutional Court of the local tax appeal procedure, which was previously ruled unconstitutional and changed to an arbitrary pre-trial procedure, and the general administrative appeal system, which is operated as a voluntary pre-trial procedure through law amendments. It reviewed whether the current necessary pretrial procedures infringe upon the right of access to courts or whether judicial procedures are not applied mutatis mutandis.
 The problems identified with the current tax pre-examination procedure are as follows: 1) Judicial procedures were not sufficiently applied to the Board of Audit and Inspection's request for examination. 2) The National Tax Service’s request for examination has fatal problems with independence and fairness. 3) The request for adjudgment by the Tax Tribunal also has problems in detail.
 In this paper, the following improvement measures were proposed. 1) Request for examination by the Board of Audit and Inspection should be abolished. 2) The National Tax Service focuses on voluntary procedures. 3) It is also desirable to convert request for adjudgment by the Tax Tribunal to a voluntary procedure.
 This study contributed to the protection of constitutional rights by suggesting ways to guarantee taxpayers' right of access to courts.

기후변화와 인권

Climate change is distinct from natural disasters. It is caused by man-made carbon emissions, and at the same time it can be mitigated by man-made efforts to reduce greenhouse gases. Therefore, the damage caused by climate change should not be treated like a natural disaster. Governments and the international community are held accountable for the damage caused by climate change. Also, climate change is not just an environmental problem. Climate change affects essential aspects of individuals' lives. Individual rights can be immediately jeopardized by climate disasters and threatened in the long term by the cumulative effects of climate change. And these risks of climate change are more than temporary, they are increasing and ever-present risks. This is why the responsibility of the state to protect individuals from the dangers of climate change arises. To prevent the harms of climate change, we need to start the discussion from the perspective of ensuring climate rights. I would like to explain that states have an obligation to prevent climate change and to maintain a level of human rights. In order for climate rights to be guaranteed through domestic judicial procedures, the possibility of guaranteeing them through constitutional litigation should be examined. The content of climate rights is not directly stipulated in the Constitution. However, I argue that by interpreting the Korean Constitution, we can derive from the Constitution the obligations of the state to guarantee climate human rights, and then examine whether the state has properly fulfilled its obligations to guarantee climate rights. The climate human rights that are required to be protected from the risks of climate change can be specifically described as the fundamental rights under our Constitution: the right to life, the right to physical and mental health, the dignity and worth of the human person, the right to freedom of action in general, and the right to the environment. In addition, through the interpretation of the content of the fundamental rights guaranteed by the Constitution, the content and subject of the rights to be protected by the climate right should be expanded. Therefore, it is necessary to encompass the contents of climate human rights as a new human right requested to respond to the current climate crisis situation.

Critique of the Provisions of the Russian Civil Code on the Termination of Tenancy Agreements in a Comparative Legal Perspective

Imperatively established by the Russian civil legislation judicial procedure of termination of the residential tenancy agreement by the landlord is criticized in the article. Evaluation of its effectiveness for the formulation of the proposals for the development of the art. 687 of the Russian Civil Code is the purpose of the study. Its objective is comparative analysis of the legal regulation of the termination of the residential tenancy agreement by the landlord under the Russian Civil Code, legislation of 4 republican (Texas, Idaho, Utah, Wyoming) and 4 democratic (Washington, New Mexico, New York, Illinois) American states with taking into account legal regulation of relevant relations in Germany and France. The purpose and the objective of the study determine the predominant use of the method of comparative legal analysis. Two alternative models of reform of the art. 687 of the Russian Civil Code, whose provisions are recognized as a relic of Soviet law, ineffective in a market economy, were offered by the authors. The experience of Germany and France is an argument in favor of so-called regulatory model of reform that allows the unilateral termination of the residential tenancy agreement by the landlord only on the reasons provided by law (not by the agreement). An analysis of the legislation of both republican and democratic American states permits characterizing it as a less restrictive to the principle of freedom of contract, since it allows stating in the agreement the reasons for its unilateral termination by the landlord. However, it excludes the right of the parties of the residential tenancy agreement to provide to the landlord the right of its unmotivated unilateral termination. Unlike legislation of the USA, this right might be provided to the landlord under so-called dispositive model of reform, proposed by the authors as the closest to the actual situation in the Russian market of residential tenancy. It is assumed that the condition for realization of this right must be a notice to the counterparty at least 1 month in advance. Within this model right of unmotivated unilateral termination of the agreement may be provided to the landlord only if the same right is granted to the tenant. One of the advantages of this model is that its implementation will eliminate due to lack of demand the widespread practice of stating in the residential tenancy agreement restricting the legal capacity of citizens and therefore void conditions. It will contribute to the unloading of the Russian judicial system by eliminating disputes over these conditions.

APPLICATION OF ARTIFICIAL INTELLIGENCE IN IMPROVING JUDICIAL CASE FLOW MANAGEMENT SYSTEM IN PAKISTAN: A QUALITATIVE STUDY

Interaction by means of technology has been prominent in both public and private lives of people. Hence technological variation of information has been upgraded through the application of artificial intelligence, delivering an optimistic opportunity for speedy justice. A computer with strong AI exhibits all the behaviors that you would expect from a human. Hitherto, all state institutions are imperative to the functions of the state, with the judiciary holding the category of a nucleus in the system. The laws are disseminated through the courts. Unfortunately, in Pakistan, legal practice remains shy of the ultimate goal, which certainly circumvents the enaction of the judiciary. The number of cases outnumber the holding capacity to resolve them, as the mega pile up is tantamount to the lack of resources at hand. The judicial system is deprived of an effective case-flow management system, which is certainly considered an international best practice in the legal realm. The researcher has explored avenues to incorporate plausible information technology solutions to the problem in existence. Albeit inquiring through doctrinal and non-doctrinal approaches of the qualitative inquiry, the application of artificial intelligence technology in judicial proceedings is available. Only some realms of the judicial procedure are with artificial intelligence including but not limited to electronic case filing, research, and case-flow management. Hitherto, subsequent finding has alluded after the fact the practical awareness or usage of the system doesn’t seem to be an application. Promulgated regulations pertaining to the case-flow management have yet to be ratified through the parliament, tantamount to the lack of concerns, albeit assertions in the governing elite about the issue. Our article envisages of pioneering Artificial Intelligence in Judicial case-flow Management systems of Pakistan, as remedies towards conveyance of quicker justice, e- court services, plausible solutions, and considerate phenomenon. The Case Management System (CMS) is the insightful, interface for administering court justice in the world. It's an international best practice, which applies artificial intelligence as a core tool to implement international best practices. Inevitably, oblivion to this system, will impede progress, as the lack of technological infrastructure, socio-economic corridors, non-optimizing performance generators. Pakistan’s current ranking is stuck at 130/160, in judicial affairs in world ranking. The comprehensive analysis and shined in this article will enable enactment of artificial intelligence in the Pakistani judicial system. Apart from the mainstream, the designated fields, to be digitalised will be indicated in the initial phase. The judicial process in the Islamic Republic of Pakistan will be indicative of artificial intelligence technology, alongside the case-flow management system could be programmed for complete digitalization of the judicial backups. Furthermore, this study alludes to the point that AI is a useful rather significant element which can be compatible with the Pakistan judicial system in the fields of e-filing and CMS. AI has a great future and significant work will be done in it so for that purpose we discussed the recent past and future of this field also

The President of the Russian Federation as a Party to the Constitutional Judicial Procedure

The paper deals with topical issues of legal regulation of the status of the President of the Russian Federation as a party to the constitutional judicial procedure, provides a detailed analysis of his constitutional procedural legal capacity. It is shown that the President of the Russian Federation can be both the applicant and can act on the side of the entity the constitutionality of the actions of which is disputed. The relevance of the study of the procedural standing of the President of the Russian Federation in the framework of constitutional proceedings is substantiated by the significant transformation of the status of the Head of State as a result of the Constitutional Reform of 2020. The paper analyzes legislative novelties that significantly expanded the procedural rights of the Head of State through the inclusion of new powers related to the appeal to the Constitutional Court of the Russian Federation. When assessing the role of the President of the Russian Federation as a party to the constitutional judicial procedure, it is concluded that there is a shift in the balance in the system of separation of powers in favor of the Head of State. This is especially evident when analyzing the President’s procedural status in cases of preliminary norm control.

Problems of legal regulation of the use of artificial intelligence technologies in court procedures within the framework of the ukraine-eu action plan

The article is devoted to the study of discussion issues of scientific developments in the field of legal support of the implementation of the technology of "artificial intelligence" in the judicial procedures of Ukraine on the basis of international experience and taking into account the latest changes in the legislation of Ukraine. The article deals with the main international legal principles of artificial intelligence application, their practical implementation in Ukraine, the problems of defining the main institutional categories, separating the technical aspects of the functioning of “artificial intelligence” from the legal ones and trying to determine the key factors that the legislator should consider in the development of legislation in the field of implementation of “artificial intelligence” in legal proceedings. The legal analysis of five principles of artificial intelligence functioning in legal proceedings is carried out, the development of four forms of interaction between artificial intelligence and human in legal proceedings is presented, the risks of artificial intelligence application in democratic societies are analysed. Separately, the article analyses the controversial introduction of the category of “electronic person (personality)”, expressed a position on the inadmissibility of granting the legal personality of artificial intelligence technology

Integral repair in the case of sexual crimes

Within the crimes against sexual integrity in Ecuador, comprehensive reparation is an essential right that judges must have when issuing a conviction. However, it does not adequately apply the parameters for setting the most suitable measures of comprehensive reparation for the victims of these crimes. Therefore, they must initiate a new process to demand a right of a constitutional nature. The present investigation analyzes the figure of integral reparation within the crimes against sexual integrity in Ecuador, for which, it uses a qualitative methodology, with a bibliographic-documentary modality, that is, it is based on secondary sources of investigation. Through the exegetical method, a study of the legal norms in force in Ecuadorian legislation is carried out. Through the technique of observation and study of cases, different judicial processes for this type of crime are analyzed, where comprehensive reparation is provided for the victims. The results within the investigation show that, in effect, since comprehensive reparation is a fundamental right, victims should not carry out additional judicial procedures so that their right can be fulfilled and guaranteed.

노동조합법 제2조 및 제3조 개정법률안에 대한 거부권 행사의 부당성

This article aims to look into the constitutional legitimacy of the possible exercise of the President's veto power to prevent the proposed amendments to Articles 2 and 3 of the Trade Union Act, which were referred to the plenary session of the National Assembly at the end of June 2023 with the collaborative initiation of the opposition parties despite the resistance of the ruling party, from becoming law.
 The presidential veto is a power that allows the president to object to a bill passed by the National Assembly and return it to the National Assembly for reconsideration. There are some competing views on the legal nature of this power, which is understood as a suspension or release condition, but it is reasonable to understand it as a unique constitutional mechanism that restrains the finalization and promulgation of laws for a certain period of time, since the request for reconsideration itself does not actively create a legal effect on whether the bill is confirmed or not.
 The constitutional function of the presidential veto has been recognized to be the procedural control of rushed, frivolous, or flawed legislation but it is noteworthy to growing focus is given to the presidential check on the National Assembly to promote the balance of power. As the function of the veto has been expanded, there has been a strengthening tendency to argue that there are no legal limitations on the requirements for its exercise so that it can be used out of policy disagreement or political motivation alone. Against this tendency, counter arguments have been consistently put forward that there should be inherent limitation on the exercise of the veto power so that it can be justified only if the target legislation is (1) unconstitutional, (2) unenforceable, (3) contrary to the national interest, and (4) politically motivated to exert political pressure by unreasonably restricting executive power in violation of the separation of powers. I conclude that the inherent limitation theory is preferred when considering the compatibility of the basic values, principles, and institutions of a democratic republic, the constitutional implications of the constitutional power structure, and the relative persuasiveness and logical consistency of the arguments. Above all, considering that the legislative power is an inherent function of the National Assembly in accordance with the principle of separation of powers, which is a universal principle that cannot be denied regardless any form of government, and that the veto power is a procedural controlling power, not a substantive formative power, even according to the systematic interpretation of democracy and the rule of law, and that its legitimacy is to control the evils such as legislative dictatorship, not to replace the legislative power, the constitutional principles of a democratic republic cannot justify that the legislative power is neutralized by the abuse of the presidential veto leading to the presidential administrative dictatorship.
 Even if there is an inherent limit in the exercise of presidential veto power, there is a problem that this limit is a ‘political morality of the constitution’ rather than a ‘law of the constitution’ where normative power can be enforced through judicial procedures, and there is no possibility of external control such as judicial review or constitutional adjudication.

국제투자규범에서 유효수단 조항의 고찰

The International Investment Agreement (IIA) provides to investment and investor protection of contracting party’s obligations. It stipulates that if an investment and investor are damaged in violation of IIA’s protection clause, they will be subject to Investor-State Dispute Settlement (ISDS). Among the IIA's contracting party’s obligations, it does not provide for direct regulation of the conduct in judicial court of host countries.
 Regulations on the conduct of judicial courts are generally included in the category of ‘denial of justice’ in customary international law under the IIA’s ‘Minimum Standard of Treatment’ clause. It is established in the ISDS precedent. Recently, this is included in IIA's illegal indirect expropriation. The ISDS arbitral tribunal formed the legal principle of judicial expropriation. Judicial expropriation deals with deprivation of investment asset, indirect expropriation, and judicial procedures and substantive judgments.
 Regarding the conducts of the judicial authorities, it is regulated by the US model BIT and the Energy Charter Treaty (ECT) of the effective means clause of Article 12(10).
 The effective means clause provision be limited to the IIA. It was introduced as a US Model BIT policy in the 1980’s, and is regulated in a number of US BIT’s concluded by this model BIT. And, like the US model BIT, ECT also includes provisions on the receiving country's effective means clause for investor’s claims and rights enforcement.
 First, this paper examines the background of the introduction of the effective means clause in the IIA. Examining the legislative background can look into the criteria for interpreting provisions.
 Second, the specific types of violations of the provisions of effective means in ISDS arbitration cases were reviewed.
 Third, the relationship between the effective means clause of the IIA and judicial refusal was reviewed.
 In the case of the ISDS arbitration award, the violation of the ‘denial justice’ of the minimum standard treatment clause and the effective means clause was raised at the same time. The effective means clause is more flexible in interpretation and application than a denial justice. The effective means clause does not require the ‘Exhaustion of Local Remedies’ Rule. In the ISDS case of White vs. India, there is a case in which the MFN clause was invoked and an effective means clause was application. The effective means clause can be a useful guide for interpreting the access to justice clause in the Korea-Japan BIT and the Korea-China-Japan BIT.

Legal regulation of the automation of judicial enforcement proceedings: International experience

The purpose of the article was to offer ways to improve the legislation regulating the field of automation of judicial enforcement proceedings, in order to guarantee the rights of the executing entities. The research methodology is based on the application of the following methods of scientific cognition: analytical, comparative, legal, hermeneutic and synthesis. Gaps in the legal regulation of automation of court enforcement proceedings in Ukraine were identified and ways to eliminate them were suggested. The authors have offered amendments to legislative acts with respect to: granting the right to the parties to enforcement proceedings to apply through the enforcement officer to the State Enterprise “National Information Systems” to further solve problems of removing obstacles to access to the Automated System of Court Enforcement Proceedings. It is concluded that, it can be stated that the automation of court enforcement proceedings is a significant achievement of the national system of court enforcement proceedings. However, in order to improve the legislation on the automation of judicial enforcement procedures and the practice of its implementation, a set of institutional reforms must be carried out.

The procedure for resolving domain disputes

The article is devoted to a complex scientific study of the procedure for consideration and resolution of domain disputes. The article discloses the legal nature of the domain name, features of judicial and extrajudicial dispute resolution. It has been established that the subject of domain disputes is the illegal use of other people’s trademarks, commercial names, other commercial designations, and copyright objects in domain names. It has been proven that the procedure for resolving domain disputes can be judicial or extrajudicial; in the case of a judicial procedure for the protection of rights to a domain name, disputes are considered by a court, in an out-of-court case, by an arbitrator of the WIPO Mediation and Conciliation Center (or another similar structure). It has been proven that a significant problem in law enforcement is legal uncertainty regarding the legal regime of a domain name. It has been established that a domain dispute arises regarding the legality of the use of a domain name by a certain person. It is justified that a domain and a domain name are not identical concepts; a domain name is a unique name of a part of the hierarchical address space of the Internet, in relation to which domain disputes arise. It is substantiated that the determining factor for the protection of the violated right by the court is the correct identification by the plaintiff of the object of the intellectual property right, for the protection of which a case has been initiated in court, and which is reflected in the content of the domain, since in case of failure to indicate such an object, the court may refuse to satisfy the claim , because the domain itself as an object does not receive legal protection.It has been established that the out-of-court procedure for resolving domain disputes is a convenient mechanism for the prompt protection of rights to a trademark that is displayed in someone else’s domain name without the right holder’s permission and thereby creates confusion with the right holder’s trademark, providing undue influence on consumers.It has been established that the reason for the occurrence of domain disputes is: the domain name is identical or deceptively similar to the trademark to which the plaintiff has intellectual property rights; the owner of the domain name has no rights or legal interests in the domain name; such domain name is registered or used in bad faith.It has been proven that when resolving domain disputes, special methods of protecting domain name rights are used – re-delegating domain name rights to the plaintiff or canceling domain name registration.It has been established that the judicial procedure for resolving domain disputes is universal and can be applied to the protection of rights to any object of intellectual property rights that can be reflected in a domain name (it concerns not only trademarks, but also commercial names, geographical indications, copyright objects, etc.). It is justified that such an approach is expedient to apply in relation to the out-of- court procedure for resolving domain name disputes, however, the relevant provisions must be approved by ICANN, making appropriate changes to Uniform Domain Name Dispute Resolution Policy.

Citizens’ access to justice during the introduction and implementation of the legal regime of martial law in Ukraine

During times of martial law, access to justice may become limited. However, there exist generally accepted principles of international humanitarian law and European standards that mandate a state embroiled in conflict to safeguard human rights and access to judicial procedures. Hence, the issue of exercising the right to access justice is relevant. The purpose of this study was to investigate the functioning of the judicial system of Ukraine under martial law and its accessibility to citizens. The methodological framework of this study included the content analysis method, analytical, systemic and structural, dialectical, formal legal, and logical methods. The study examined the issues of access to justice under martial law in Ukraine, and the observance of all human and civil rights and freedoms guaranteed by the Constitution of Ukraine and other international instruments. The study focused on various decisions made by the authorities regarding the functioning of the judicial system of Ukraine: changes in the work of courts, restrictions on procedural guarantees and the conduct of certain categories of cases, redistribution of cases to courts that are closer to the territorial location and are likely to be safe, relocation of courts from the occupied territories or combat zones. Attention was focused on electronic document management and the work of the Electronic Court subsystem, etc. The study concluded that the judicial system of Ukraine did not cease to function; although access to justice during martial law may be restricted, it depends on a particular situation, the location of courts, legislation, and international obligations. The study focused on remote justice, which will ensure the proper safety of litigants and the quality of justice. The demand for remote court proceedings will grow over time, resulting in the modernisation of access to court. The practical significance of this study lies in outlining ways to improve the effectiveness of access to court in wartime conditions

The Application and Visual Communication of “Dynamic News” in the Rule of Law Report

Rule of law reporting type “Dynamic News” not only can restore the news image and present the news state of affairs through 3D animation, but also achieve the purpose of focusing on the hot cases and explaining the judicial procedures with the ease of data visualization communication, and strive to bridge the cognitive gap between the general audience and professional legal knowledge by implanting dynamic charts and short videos in the news text, which enhances the effect of spreading legal information. As a new genre of legal news, rule of law reporting “Dynamic News” integrates journalism, law, new media technology and application, and has its own unique reporting method, application concept and communication paradigm. Nowadays, with the continuous improvement of national rule of law construction and the attention of new media communication, the systematicness of legal news communication research needs to be deepened, and the professionalism, technicality and social functionality of rule of law reporting “Dynamic News” still need to be improved.