Jurisdictional Bodies Research Articles

Aims of disciplinary sanctions for the spectators’ behavior: controversial UEFA practice concerning football clubs

The subject. The objectives of strict club liability for spectators’ behavior are not mentioned in the provisions of the UEFA Disciplinary Regulations. Strict liability implies the responsibility of clubs, regardless of the presence of fault for the actions of third parties – their spectators. Therefore, the question of the purpose of sanctions acquires additional actuality: a sanction cannot only have a punitive effect in the absence of the subject’s fault.The purpose of the study. The variety of sporting sanctions and the wide range of their application creates risks of excessive coercion against football clubs. It is necessary to consider the preventive and deterrent purposes of sports sanctions, without which sports liability is deprived of the sign of certainty for the subjects of sport and turns into the arbitrariness of the soccer authorities.Methodology. In an attempt to find references to sanctions targets under strict liability we analyzed the available practice of the UEFA bodies from 2013 to 2021 (a massive of several hundred decisions of the UEFA Control, Disciplinary and Ethics Commission, the UEFA Appeals Commission). Due to the dispute resolution system existing in European football our research could not be carried out without referring to the decisions of the Court of Arbitration for Sport (CAS) for the period 2002-2020.The main results of research and the field of their application. A serious obstacle to the consistent practice of disputes about the responsibility of clubs for the behavior of spectators is the ambiguity of the terminology used and the doctrinal approaches of law enforcement officers. In decisions we can come across a mention of a preventive effect; preventive and deterrent effect; preventive and educational effect of sanctions. The study found that the current sports justice’s practice of applying strict liability to football clubs has two main problems. Firstly, the UEFA bodies have not established an understanding of who is the subject of the focus of the sanctions. In the disputes examined, two target audiences for sanctions under strict liability are named: clubs and spectators. Secondly, different disputes have emphasized different goals of sports sanctions. The combined approach has not yet been formulated. We have tried to fix these problems.Conclusions. The goals of strict liability and applied sports sanctions in the UEFA perimeter should not differ: preventive and deterrent, and only in the last – punitive. The need for an unambiguous choice of the football entity targeted by sports sanctions will be the first step to take into account the set of aims of the sports sanctions applied to clubs: preventive, deterrent and punitive. Despite decades of UEFA practice in the application of strict liability, there is still uncertainty as to how a sanction will have the expected effect on the spectators. Limiting UEFA to private prevention in determining the sanction and its size in club competitions does not fully fulfill the mission of sports justice. Even if the sanctions imposed on clubs under strict liability have not been verified by a UEFA jurisdictional body to take into account a set of objectives, CAS is entitled to carry out such verification. An additional difficulty arises due to the ambiguity of terminology (and ideology) regarding the objectives of sanctions in sports justice’s practice.

USO DA TÉCNICA DAS CONSTELAÇÕES FAMILIARES COMO RESOLUÇÃO PRECEDENTE DE CONFLITO NOS CASOS QUE ENVOLVAM A LEI MARIA DA PENHA

The present work has as a premise to present succinct explanations about the application of the so-called Technique of Family Constellation, as an antecedent resolution of conflict, in cases involving Law 11.340/2006, known as Maria da Penha Law, which aims to punish agents who commit domestic and family violence against women. Therefore, it was adopted as a comparative basis for the preparation of this research, the interpretation of Resolution nº 125/2010 of the National Council of Justice - CNJ, as well as the Code of Civil Procedure and Law 9,099/95, so that these norms use the so-called alternative means of conflict resolution, among them, the so-called Family Constellation Technique, in order to bring a new perspective, in the search for a culture of peace. Although the use of the holistic technique incites increasing rates of extra-procedural agreements in the perspective of unburdening the judiciary and promoting the union of the family entity, it ends up ignoring countless historical struggles of the feminist movement as well as the prominence of the Maria da Penha Law. in support of women who have been victims of domestic and family violence. The present research was developed through the hypothetical deductive method, with the use of the bibliography selected for the elaboration of the same, such as the national legislation, as well as doctrinal and jurisprudential positions, emanating from jurisdictional bodies.

Cohabitant protection on relationship breakdown in Ireland: A lesson in illusory justice?

Abstract The issue of how best to respond to the needs of cohabitants on relationship breakdown continues to generate significant discussion. Law reform and parliamentary bodies in jurisdictions as disparate as England and Wales, Scotland, New Zealand, and Alberta, Canada have each recently reflected on their laws in this regard, advancing proposals for reform. Almost all of these international bodies considered the statutory cohabitation scheme adopted in Ireland. However, despite being in place for over a decade, there has been no thorough examination of emerging case law under its Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 nor any investigation into the effectiveness of the system in protecting vulnerable cohabitants on relationship breakdown. Relying on the latest jurisprudence and available data, this article takes the first step in addressing this lacuna in the literature. Having identified serious limitations in the regime, particularly its stringent eligibility requirements, it presents the first meaningful research to tease out how the Irish scheme could be improved and presents a proposal for reform.

A Changed Constitutional Perception of International Law: Demonstrating the Move Ahead With a Turned Back Head?

Abstract Russia has entered a new epoch in its attitude to international law by adopting two small amendments to the Constitution. The 2020 Law “On an Amendment to the Constitution of the Russian Federation” introduced a package of numerous modifications. A few key ones deal with international law. Formally, they relate to the very particular issue on the possibility of refusing to comply with the decisions of international jurisdictional bodies, but in essence, they reflect a fundamental change in the country’s attitude to its obligations in the international community and the role of international law in general. The article assesses the significance of these amendments for the Russian legal system and shows the origins of such a change which was first indicated by the decision of the Russian Constitutional Court (RCC) and the federal constitutional law in 2015. Now this change is incorporated into the Constitution. Supporters of the changes are trying to assure that Russia follows the experience of western countries that conduct a similar policy towards the international courts. The article asserts that the argumentation used in such statements is incomplete and inexact; the real situation of relations between western countries and these courts is different. Russia is essentially the only country with an approved position on the acts of international jurisdictional bodies. It is shown that ensuring the supremacy of the Constitution by the amendments is senseless from a legal point of view. The true meaning of them is to erect barriers to “inconvenient” decisions of international bodies. Failure to comply with them entails a violation of obligations under international law. The amendments are to illustrate a demonstrative movement forward, presumably in line with current realities but in fact, this is a movement with a head turned back, a returning to the past. This policy has already become one of logical steps to Russia’s withdrawal from the Council of Europe (CoE).

Az Európai Ügyészség együttműködési keretrendszere az Európai Unió igazságügyi szerveivel

The organic development of European Criminal Law and the entry into force of the Treaty of Lisbon have opened the path towards the creation of the first investigative and prosecutorial authority with supranational characteristics, which was realised albeit with limited participation from the Member States of the European Union. However, due to the lack of unanimity, the idea to create unified authority from Eurojust foreseen by the Treaty on the Functioning of the European Union has fallen. Since the European Public Prosecutor’s Office (‘EPPO’) is dependent on the national authorities and on the already existing European jurisdictional bodies, it was necessary to create an efficient cooperation framework in order to fruit their decade-long know-how and to secure the effective transfer of information. In this paper, I analyse the cooperation framework of the EPPO with EU justice institutions, such as Eurojust, Olaf, and Europol, through its historical development and its jurisdictional limitations.

Диалектическое единство исторического опыта и современных практик разрешения трудовых споров

The article attempts to show the state of the Soviet and modern periods at the level of the transition of the uncertainty of law into the certainty of law. Purpose. The purpose of the study is to outline the contours of the dialectical process at the level of forms of protection of the rights and legitimate interests of workers in resolving labor disputes, to characterize the patterns that are repeated in the dynamics of the incessant circulation of forms of law - having their own typology, universal, polymeric nature, as well as (before), (outside) and judicial procedure for resolving labor disputes. Methodology. When writing the work, the following methods were used: general philosophical (dialectical-materialistic), general scientific (analysis, synthesis, logical, historical, comparisons), special-legal (comparative-legal, historical-legal). Results. The author dwells on cyclically reproduced defects, gaps and shortcomings, passing uncertainties of law. An analysis of labor legislation and law enforcement practice at the level of the legality of labor relations allows us to conclude that the content of the right to protection (in the substantive sense) includes two possibilities: the possibility of performing protective actions by the authorized person himself and the possibility of claiming against the offender. The right to protection in the procedural (more precisely, in the jurisdictional) sense means the ability of a person to apply for the protection of his rights to jurisdictional bodies. Dialectical unity is considered in ways of protecting the rights and legitimate interests of workers. Conclusion. The means to achieve the certainty of law is the process of law enforcement and its stage of subsummation. It is necessary to revise the existing rules on the jurisdiction of labor disputes: allow a judicial procedure for resolving collective labor disputes and develop a conciliation procedure for considering individual labor disputes of a claim nature, the introduction of specialized labor dispute courts can serve to achieve certainty of law.

Review of court decisions: a theoretical and legal study of the practice of the European Court of Human Rights

The study is devoted to clarifying the main theoretical-legal and practical issues that arise when a person exercises the right to appeal a court decision.
 Issues such as the institution of appeals against court decisions, which are relevant for procedural law, are considered, such as the observance of reasonable proportionality between the right of a person to access the courts of higher instances and the observance of legal certainty in the state.
 As a result of the study, the legal nature of the institution of appeal against a court decision that has not entered into force, as well as one that has entered into force, is revealed. The latter is defined as an extraordinary form of judicial protection, its main features are analyzed.
 To ensure the reliability and completeness of the obtained results, a complex of general scientific and special methods was applied, the complex use of which ensured the achievement of the goals and objectives of the research, as well as the persuasiveness of the formulated conclusions. In particular, the dialectical method was used to study the legal nature of the right to appeal court decisions and private disputes. Methods of analysis and synthesis were used in the formulation of basic concepts, such as "appeal", "cassation review", "procedural filters", etc. The empirical basis of the research was made up of the materials of the judicial practice of the European Court of Human Rights, in particular, both modern legal positions of the international jurisdictional body and key cases were used.
 It was concluded that although access to the court of appeal is subject to indirect restrictions, access to the court of cassation is subject to so-called cassation filters. Such a definition is related both to the role of the cassation instance as a higher court and its definition as a "court of law", and to revised decisions that have entered into force and that shake the already defined legal position of the parties. Nevertheless, strict cassation filters cannot help against the influx of cassation appeals for those states whose citizens have a low level of trust in the courts of first instance.

Digitalization of the activities of the ECtHR in civil and commercial proceedings and the problems of their enforcement: international legal experience

The article is devoted to the study of the foreign experience of digitalization of the activities of judicial bodies in civil and commercial proceedings and the digitalization of the activities of the ECtHR. The researchers analyzed the role played by digital technologies in the context of the implementation of judicial proceedings and enforcement of law decisions. The purpose of the work is the study of the new technological reality, including the functioning of the ECtHR and the consideration of cases in the field of economic and civil proceedings by such a court in conditions of digitalization, the analysis of problematic issues of the implementation of decisions of jurisdictional bodies, as well as a detailed examination of the international legal experience of digitalization of the judiciary and execution services. The object of the study is the social relations related to the digitalization of the activities of judicial bodies and enforcement bodies. The subject of the study is the international legal experience of digitalization of the activity of the ECtHR in civil and commercial proceedings, as well as problematic issues of enforcement. The research methodology consists of such methods as formal-logical, analysis, synthesis, abstraction, induction and deduction, historical, systemic, sociological-legal, and comparative-legal. As a result of the conducted research, it has been proven that the further digitalization of the ECtHR will allow to significantly improve the consideration of cases and ensure access to justice for a wider range of people.

Digitalization of the ECtHR activities in inheritance cases and in compulsory enforcement of jurisdictional decisions: International-legal aspect

Global challenges and the change in people's usual way of life during the pandemic have shown that it is digital technologies that can expand the possibilities of humanity. Their improvement and expansion of their scope is a priority for many states of the world. Therefore, global digitalization has covered all spheres of social life, including justice and the activities of decision-enforcement bodies. In particular, at the 37th plenary meeting of the European Commission on the Efficiency of Justice of the Council of Europe (CEPEJ), unity was demonstrated on the need for further development of tools concerning the digitalization of justice. Due to this, it is important to analyze the features of the digitalization of justice on the example of the activities of the European Court of Human Rights (hereinafter referred to as the ECtHR) regarding inheritance cases and pay attention to the international legal aspect of this issue. The purpose of the work is to study the international legal aspect of digitalization of the activity of the ECtHR in inheritance cases and in the course of enforcement of decisions of jurisdictional bodies. The research methodology includes the dialectical method, historical-logical, comparative-legal, formal-legal, statistical, systemic-structural, modeling, and sociological methods. The authors summarized that the digitalization of justice is reflected in the activities of the ECtHR, including inheritance cases. The authors also highlighted the problematic issues of regulation of the implementation of digitalization tools for the administration of justice in some countries and problematic issues of digitalization of enforcement of court decisions.

The role of the Central Bank of Russia in the regulation and the supervision of the stock market

The article analyzes the securities market as part of the financial market of the Russian Federation. The author draws attention to the different points of view of economists and representatives of the financial and legal science of our country regarding the place and role of the securities market within the financial market. It is also emphasized that in the legislation of Russia there is no single concept of the financial market, as well as the definition of the securities market. On the basis of the study, the author proposes his own concepts of the financial market and the securities market. In addition, the systematization of the subjects of the securities market is given. Particular attention is paid to the genesis of mega-regulators. The features of financial and legal regulation of these bodies in foreign jurisdictions are revealed. Attention is paid to the specifics of financial and legal regulation of the securities market by the Central Bank of the Russian Federation (Bank of Russia). The article analyzes various types and directions of supervision of the Bank of Russia in the securities market.

Special circumstances for change or termination of housing agreement (rental)

The article examines certain issues of housing law, in particular, the special grounds for changing and terminating the contract of employment (lease) of housing in today's conditions and in connection with the introduction of martial law in Ukraine. It is noted that along with the general grounds for terminating a housing (lease) contract, new special grounds for changing or terminating have appeared. In Ukraine, the legal framework for regulating housing relations is based on the following principles: freedom of contract, equality, fairness, etc. It is substantiated that the construction of housing (lease) contracts is different. Differences between contracts of hiring (lease) of housing are revealed. The features of the general grounds for terminating the contract of employment (lease) of housing have been studied. Modern judicial practice contradictoryly applies certain legislative provisions of the institution of terminating a rental agreement, which leads to the need to legislatively supplement the general grounds for terminating a housing (lease) agreement with special grounds in order to improve the quality of legal regulation of rental relations and the effectiveness of law enforcement. A necessary fact of proof is the establishment of the guilty person in creating the danger of liquidation of property.
 The recommendations on special grounds for changing and terminating the contract of hiring (renting) housing in connection with the introduction of martial law in Ukraine are analyzed. It has been established that the legislation of Ukraine provides for the right to unilaterally withdraw from the contract. At the same time, the need to provide for the following special conditions for changing or terminating the contract in the current conditions of martial law in Ukraine is substantiated: exemption from rent and/or utility bills; mutual release from the performance of obligations under the contract for the period of force majeure and force majeure, namely during the war; conclusion of additional agreements between the parties to resolve conflicts without applying to jurisdictional bodies, etc. Due to the fact that a notarial form and state registration are mandatory for contracts for real estate, and during martial law most open state registries are not available, the parties need to be more careful about agreeing on the terms of action and terminating a contract for rent (lease) of housing, remember and on the actual transfer / return of property, which must be confirmed by the act of acceptance and transfer. It is also proposed to establish legislatively that in the event of martial law in Ukraine, the legal consequence of changing the terms of the contract should be - the suspension of the fulfillment of obligations under the housing contract by mutual agreement of the parties - the landlord and the employer.

Los Juzgados de Violencia Sobre la Mujer y el Derecho al Juez Ordinario Predeterminado por la Ley

La Ley Orgánica 1/2004, de 28 de diciembre, de Medidas de Protección Integral contra la Violencia de Género creó los Juzgados de Violencia sobre la Mujer, unos órganos especializados para el conocimiento de aquellos conflictos civiles y penales que se susciten en el ámbito de la violencia de género. La hipótesis de partida proviene de las dudas planteadas por la doctrina acerca de la posible constitucionalidad de dichos órganos en relación con las previsiones del derecho fundamental al juez legal reconocido en el art. 24 de la Constitución. No hay que olvidar que dicho derecho no solo exige de una ley que cree el órgano jurisdiccional, sino que además requiere, para garantizar la imparcialidad, y sobre todo la independencia, exigibles a cualquier órgano jurisdiccional, de la determinación genérica y apriorística de la competencia, así como la predeterminación legal de las normas de composición del órgano. El objetivo del presente trabajo es analizar la posible vulneración de dicho derecho fundamental a la vista de que la competencia de tales Juzgados ha sido determinada en función del sexo de la víctima del delito. Para la realización del presente trabajo se ha procedido al análisis de la legislación, la doctrina más relevante sobre el tema, así como de la jurisprudencia, tanto constitucional como menor, que trata el derecho en cuestión habiendo hecho uso de una metodología deductiva para el desarrollo del trabajo. Se concluye como resultado, que nuestro legislador no fue muy cuidadoso con el respeto al derecho fundamental enunciado vulnerando el mismo.

Invalidity of Election Results: Concept and Features of Constitutional and Legal Nature

The article is devoted to the research of the special constitutional and legal nature of invalidity of results of elections. The approaches expressed in the legal literature to understanding and interpreting the invalidity of the election results as a category of constitutional law are analyzed. The author's determination of invalidity of election results is proposed. The invalidity of the election results as a constitutional and legal category should be understood to mean the irreparable legal defect of the held elections established by the decision of the jurisdictional body (election commission or court) within its competence, which, in connection with violations of the electoral law, does not reveal the actual will of voters and entails legal nullity (lack of legal effect) of their result. The invalidity of the voting results is meant to mean the irreparable legal defects of the voting conducted in a certain part of the territory of the constituency established by the decision of the jurisdictional body (election commission or court) within its competence, which, due to violations of the voting rules, the establishment of voting results and other electoral procedures, does not allow to establish the actual will of voters and entails the legal nullity of the results of such voting. The article justifies the conclusion that the invalidation of the election results is a restorative measure (measure of protection) of constitutional and legal coercion. Among the main shortcomings of modern constitutional and legal regulation of invalidation of election results, the following circumstances are noted in the article: 1) the legislator does not give a legal definition of constitutional and legal terms ≪invalidity of voting results≫ and ≪invalidity of election results≫; 2) the current electoral legislation contains a single list of grounds both for invalidating the results of the vote and for invalidating the results of the election; 3) in the regulation of the grounds for recognizing the voting results and election results as invalid, the texts of the current election laws dominate the assessment signs over the formally defined ones. According to the author, these deficiencies in the current electoral law seriously complicate the work of the courts in resolving electoral disputes about the invalidity of elections.

CHILDREN`S KIDNAPPING: PROBLEMS OF CIVIL REGULATION IN EU AND UKRAINE

Nowadays the issue of children’s kidnapping remains open. Statistics confirms that the phenomenon of children’s kidnapping has an extraordinary nature: according to the data of the European Commission, 250 thousand children in the EU are lost annually, i.e.1 child per each 2 minutes. The civil law aspect of children’s kidnapping, in contrast to the criminal law, is very poorly regulated at the international level. There are no effective and urgent mechanisms for mutual cooperation between countries, which complicates the search and return of children; in many EU countries, including Ukraine, there are no special jurisdictional bodies responsible for the comprehensive regulation of this problem; there is no mechanism for supporting and rehabilitating the affected family and the returned child. The article considers the problems of an integrated approach to the issue of children’s kidnapping and emphasizes the need to consider this problem in the field of several sciences – psychology, sociology and jurisprudence. The study contains the analysis of the legal regulation of the basic legislative acts of the EU and Ukraine, the problems of practical implementation in 1980, the mechanism of the Hague Convention, the most common concept of “children’s kidnapping” was offered, children’s kidnapping was classified in criminal and civil legal aspect. As one of the most important ways to implement the Hague Convention it was proposed enhancement process of cooperation between the special EU bodies and Ukraine, authorized to deal with issues of children's return, including the creation of special bodies dealing with the problem of returning children and their psychological rehabilitation.

LA PROTECCIÓN CONSTITUCIONAL DEL TELETRABAJADOR Y EL CONFLICTO CON LOS DERECHOS FUNDAMENTALES EN ESPAÑA

Objective: The increase in teleworking due to the COVID-19 pandemic has led to a paradigm shift in the world of work, highlighting the need to carry out an analysis of the rights of the teleworker, since said employment relationship is not regulated in an appropriate manner complete. The current Law 10/2021 offers a balanced regulation of rights and obligations of teleworking, although article 13 of the SW maintains many legal gaps regarding remote work. Methodology: The real protection of the teleworker in Spain will be analyzed, from the point of view of judicial, constitutional and scientific doctrine, the conjugation of the fundamental rights of the teleworker with the power of surveillance and control of the employer, to understand the study of the different points of view regarding the existing regulation and jurisprudence. Results: New technologies have facilitated the organization of tasks within the framework of labor relations, as well as a much more efficient development and execution of productive activity. However, they have also helped to expand the vigilance that the employer has with respect to its workers, with the disciplinary consequences that this may entail, as the different jurisdictional bodies have been delimiting through the weighting of the legal assets at stake. Contribution: The inviolability of the home, the right to privacy of the teleworker and their communications, or the confrontation of rights between the worker and the employer constitute the main new challenges, in which any measure must comply with the provisions of the regulations, in the regulations of collective agreements and under the criteria of suitability, necessity and proportionality.

Relations Developing in Enforcement Proceedings and the Subject of Civil Procedural Law

The article considers the issue whether the relations developing in enforcement proceedings are included in the subject of civil procedural law. The important practical importance of the correct definition of the subject of the industry is indicated. The views of Professor A. K. Sergun on the nature of relations arising in connection with the enforcement of acts of jurisdictional bodies are considered. The author agrees with the position that the enforcement of court decisions is the final stage of civil proceedings, and the relations arising in enforcement proceedings are regulated by the branch of civil procedural law. A critical assessment is given to the arguments of supporters of the separation of relations arising from the compulsory execution of acts of jurisdictional bodies from the subject of civil procedural law. It is concluded that heterogeneous social relations can be united in the subject of the industry if it is practically justified by the need existing in society for their qualitatively peculiar, built on uniform principles of regulatory regulation.

CONFLICT IN THE SPHERE OF TAX RELATIONS AS A PRECONDITION FOR THE EMERGENCE OF A TAX DISPUTE

In the article, the author notes that the relations arising between the subjects of public and private law in the process of financial activity of the state, are multidimensional in nature and in their social, political and legal content are conflicting. And these conflicts are caused primarily by contradictions between private and public property interests. Conditioned by the implementation and enforcement of public-law interests, the desire of an authority subject to seize the financial means of a private subject becomes a consequence of the objectively existing contradiction between public and private interests. The taxpayer counteracts his subjective right – the right of ownership, which mediates the realization of his legitimate interest – the interest of owning, using and disposing of his property – to the demands of public authorities. Resolution of such conflict is possible through legalization of financial claims of public authorities on the basis of legislative consolidation of strictly defined conditions, grounds and procedure for the recovery of private funds. The law for objective and subjective reasons is not free from gaps, which the legislator is objectively unable to provide. In addition, the reality is that in the Ukrainian conditions the process of building a tax system is largely haphazard, with the absence of a definite program and direct dependence on the needs of the state budget. Application of tax legislation in practice reveals the presence of contradictions with previously adopted acts of tax legislation. Due to these circumstances, the conflict of interests in the sphere of tax legal relations lays the basis for the transition of a controversy to another stage, characterized by the emergence of different initial positions of the parties in the legal assessment of the essence of disputed tax-legal norms and, accordingly, the scope of their rights and obligations. The occurrence forms the basis for the emergence of a tax dispute, because it requires a solution, the implementation of which is impossible without recourse to the competent authorities of the state. In this regard, before the application of an interested person to a jurisdictional body, it is impossible to talk about the presence of a dispute. A tax dispute is a certain situation in the development of a conflict in the sphere of tax legal relations, or rather one of its stages – a stage aimed at resolving a conflict.

Роль профессора Томского государственного университета В.Н. Щеглова в развитии теории гражданского процессуального права

I dedicate the article to Professor of the Department of Civil Law and Process of the Faculty of Law of Tomsk State University, Doctor of Law, Honored The article highlights the role of the Professor of the Department of Civil Law and Procedure of Tomsk State University Viktor Nifonovich Shcheglov in the development of the theory and method of teaching civil procedural law. I can separate the main directions of V.N. Shcheglov’s research activities: the legality and validity of a court decision, civil procedural legal relationship, the problem of a “broad” understanding of civil procedure and the subject of civil procedural law, a lawsuit and a claim form of legal protection. We pay particular attention to the formation of a scientific school under the leadership of Professor V.N. Shcheglov, continuity in conducting theoretical research, and introducing its results into the method of teaching civil procedural law. The content of the works of Professor V.N. Shcheglov enables us to conclude that the research interest of the scientist was focused primarily on the analysis of the nature, features and problems of the effectiveness of civil procedure as a special legal form of protection of rights and legally protected interests. Within the framework of this broad problem, it is possible to identify several methodologically significant aspects, which were found in the articles and monographs of V.N. Shcheglov. The first of them is the consideration of civil procedure as a special legal relationship. V.N. Shcheglov devoted several articles to this issue and his monograph “Civil Procedural Legal Relationship” (1966) was awarded the Tomsk State University Prize in 1967. The main idea defended by the author was the assertion that the civil procedure is a social relationship regulated by the norms of civil procedural law. The subject of this relationship is, on the one hand, the jurisdictional body that resolves the civil case, and on the other hand, the parties to a civil trial. The content of this legal relationship is the behavior of its subjects that is clothed in in the form of procedural powers, subjective, procedural rights and obligations. V.N. Shcheglov paid attention to a broad understanding of civil procedure and the subject of civil procedural law; whether civil procedure is only a trial of civil cases or any jurisdictional procedure aimed at protecting civil rights. V.N. Shcheglov and Professor N.B. Zeider concluded that the nature of the procedure is determined not by the body resolving the case, but by the nature (branch affiliation) of legal relations that are the subject of consideration within the framework of a particular procedural form. Therefore, civil procedural law regulates the procedural relations that develop in adjudication of civil cases by various jurisdictional bodies (a broad understanding of the subject of civil procedural law). The author declares no conflicts of interests.

Incorporating environmental and sustainability considerations into health technology assessment and clinical and public health guidelines: a scoping review.

Healthcare systems account for a substantial proportion of global carbon emissions and contribute to wider environmental degradation. This scoping review aimed to summarize the evidence currently available on incorporation of environmental and sustainability considerations into health technology assessments (HTAs) and guidelines to support the National In stitute for Health and Care Excellence and analogous bodies in other jurisdictions developing theirown methods and processes. Overall, 7,653 articles were identified, of which 24 were included in this review and split into three key areas - HTA (10 studies), healthcare guidelines (4 studies), and food and dietary guidelines (10 studies). Methodological reviews discussed the pros and cons of different approaches to integrate environmental considerations into HTAs, including adjustments to conventional cost-utility analysis (CUA), cost-benefit analysis, and multicriteria decision analysis. The case studies illustrated the challenges of putting this into practice, such as lack of disaggregated data to evaluate the impact of single technologies and difficulty in conducting thorough life cycle assessments that consider the full environmental effects. Evidence was scant on the incorporation of environmental impacts in clinical practice and public health guidelines. Food and dietary guidelines used adapted CUA based on life cycle assessments, simulation modeling, and qualitative judgments made by expert panels. There is uncertainty on how HTA and guideline committees will handle trade-offs between health and environment, especially when balancing environmental harms that fall largely on society with health benefits for individuals. Further research is warranted to enable integration of environmental considerations into HTA and clinical and public health guidelines.

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

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