Legislative Action Research Articles

The Phenomenon of Model Legislative Acts of the Interparliamentary Assembly of the Commonwealth of Independent States in Decisions of Courts of the Russian Federation

This study is focused at studying decisions of courts of the Russian Federation, containing references to model legislative acts and other documents of the Interparliamentary Assembly of the Commonwealth of Independent States (hereinafter referred to as the IPA CIS).Aim. Determine the types of appeals by courts of the Russian Federation to the texts of the recommendatory acts of the IPA CIS, adopted for the purpose of forming and implementing coordinated legislative activity on issues of common interest to the member states of the organization.Tasks. Collect and study acts of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, as well as the system of federal courts of general jurisdiction and arbitration courts headed by it.Methods. The disclosure of the main trends in the courts’ resort to model laws and other documents of the CIS IPA occurred according to the following criteria: level and type of court that adopted the decision; the entity on whose initiative the appeal to the model act of the CIS IPA took place, as well as the consequences of the initiative on the part of the applicant or other participant in the process; the meaning (variant of manifestation) of the model document in the court ruling.Results. The study showed that courts at all levels of the judicial system of the Russian adopted decrees, rulings and decisions adopted in constitutional, civil, criminal and administrative proceedings, the content of which included references to model legal provisions. The initiative to use model legal norms came both from the court and from other participants in the process.Conclusion. The court decisions collected for the study presented different options for the use of model laws and other documents of the CIS IPA by courts, which provides grounds for redetermination of the nature of model legislative acts of the CIS IPA.

Role of epidemiology in the EU policy formulation of chemicals

Abstract Over the past 50 years, the European Union has built a robust legal framework for managing chemicals. This framework balances the benefits of using chemicals for societal well-being and economic prosperity with the need to protect human health and the environment from potential risks. As part of the EU’s Zero Pollution ambition in the context of the Green Deal, the European Commission adopted in 2020 the Chemicals Strategy for Sustainability, with the aim to better protect human health and the environment from harmful chemicals, while boosting innovation by promoting the use of safer and more sustainable chemicals. Assessing quantitative health impacts within the EC Better Regulation guidance typically involves indicators measuring the environmental burden of disease (EBD), providing a useful mean for legislators to evaluate the benefits of policy actions both in terms of health gains and cost. While such analyses are common in air pollution studies, challenges arise in the chemical legislation area, particularly in non-occupational settings, where the population is exposed to low concentrations of many chemicals through multiple exposure routes. In such contexts, the intrinsic complexities linked to exposure characterization and to the assessment of causality between the exposure and the health outcome may hinder the estimation of benefits of legislative actions. Debates may arise regarding the reliability of the underlying epidemiological studies, making challenging for policymakers to ascertain the robustness and generalizability of the findings of such analyses. Our work provides a summary and analysis of recent case studies in the context of chemicals. We focus on how epidemiological evidence was used in conducting EBD analyses in supporting better formulation of EU polices of chemicals. Speakers/Panelists Marleen Bekker Wageningen University & Research, Wageningen, Netherlands

Terrorism as a threat to the national security of the Russian Federation: political and legal support for countering

The article considers the means of combating terrorism: the expansion of cooperation with other states to counter terrorist acts, as well as the legislative activities of the state in the field of countering terrorism. In order to substantiate crimes that include the basics of terrorist activity, the legislation of the Russian Federation has been analyzed in the most detail. It is noted that a systematic approach is needed in the activities of public authorities aimed at developing and implementing comprehensive measures to effectively prevent terrorist crimes.

Analysis of contemporary climate adaptation policies in Ireland and their application to the coastal zone

Global climate change presents a range of impacts on Ireland's economy and society with particular challenges facing coastal areas. The need to adapt to these risks is considered both urgent and essential and the policy framework has evolved to meet these challenges with the adoption of climate action legislation and a National Adaptation Framework (NAF) to facilitate the transition to a climate-resilient economy and society by 2050. This paper briefly reviews the European and Irish government policy context for sectoral climate adaptation before reviewing and classifying the sectoral policy measures introduced to reduce vulnerabilities to climate change impacts. While the analysis reveals that progress has been made by adopting climate action legislation and by developing a suite of climate action focussed plans, it also demonstrates that the policy measures included in the Sectoral Adaptation Plans to reduce climate change vulnerabilities are limited in number and lacking in effectiveness. Furthermore, their application to cross-cutting themes, exemplified by the coast, is inadequate to deal with the practical climate change issues. These findings indicate that Ireland is at a preliminary stage when assessed according to the EU adaptation preparedness scorecard.

ОБ УТОЧНЕНИИ ПОДСЛЕДСТВЕННОСТИ ПО УГОЛОВНЫМ ДЕЛАМ ЗА УНИЧТОЖЕНИЕ ИЛИ ПОВРЕЖДЕНИЕ ИМУЩЕСТВА ПО НЕОСТОРОЖНОСТИ

The article considers the actual problems of forming a correct legal conceptual and categorical apparatus used in Russian legislation regulating responsibility for activities that create increased danger to others. The methodological basis of the analysis carried out by the authors is the dialectic of legislative and law enforcement activities in their contradictory unity and the desire to achieve maximum meaningful purity of legal categories introduced into circulation, using the example of article 168 of the Criminal code of the Russian Federation. The authors propose specific formulations of the criminal law norm prescribed in article 168 of the Criminal code of the Russian Federation and their justification, which makes it possible to clarify the jurisdiction attributed to the competence of the investigators of the state fire supervision of the federal fire service of the State fire service of EMERCOM of Russia in criminal cases for the destruction or damage of property by negligence.

ОБЕСПЕЧЕНИЕ ЭКОНОМИЧЕСКОЙ БЕЗОПАСНОСТИ: ВОЗМОЖНОСТИ МОДЕЛЬНОГО ЗАКОНОДАТЕЛЬСТВА ПАРЛАМЕНТСКОЙ АССАМБЛЕИ ОРГАНИЗАЦИИ ДОГОВОРА О КОЛЛЕКТИВНОЙ БЕЗОПАСНОСТИ

In the context of modern challenges and threats caused primarily by the Russian Federation conducting a special military operation to demilitarize and denazify Ukraine and, as a result, unprecedented sanctions of the collective West against the Russian Federation and the Republic of Belarus, it is important to use the capabilities of the model legislation of the Parliamentary Assembly of the Collective Security Treaty Organization in relation to issues of ensuring economic security. The purpose of the legislative activity of the Parliamentary Assembly of the Collective Security Treaty Organization in this area is to develop effective mechanisms to prevent new challenges and threats to collective security. Currently, the scientific discussion undertaken by the author of the article on the issues of ensuring economic security is important for the development of modern scientific concepts and forecasts. The scientific article can be used by representatives of public authorities, as well as employees, graduate students, applicants and students of higher educational institutions in their research and educational activities.

THE IMPERATIVE OF INSTITUTING A MILITARY OMBUDSMAN AND ITS POTENTIAL FRAMEWORKS

The Secretariat of the Human Rights Commissioner of the Verkhovna Rada of Ukraine includes the Department for Monitoring the Observance of Rights in the Defense Sector and the Rights of Veterans and Servicemen, Prisoners of War and Their Family Members. The Department’s main task is to ensure that the Parliamentary Commissioner for the Observance of the Constitutional Rights and Freedoms of Servicemen exercises his or her powers. During 2022, the Human Rights Commissioner recorded a more than twenty-fold increase in appeals by servicemen regarding the violation of their rights compared to the previous year. In addition, the range of issues on which servicemen and their family members are appealing has expanded. In 2020–2021, the majority of appeals and complaints were related to military service conditions, timely payments, including adequate financial support for the families of fallen servicemen, pension recalculations, and non-compliance by the Pension Fund of Ukraine and other state bodies with court decisions restoring the rights of military personnel, military pensioners and members of their families. During 2022–2023, appeals also included the search for missing persons and the return of captives. The latter account for 72 % of all appeals. At the same time, the percentage of responses to these appeals is extremely low. The published data indicate that the Department for Monitoring the Observance of Rights in the Defense Sector and the Rights of Veterans and Servicemen, Prisoners of War and Their Family Members might not fully cover social and legal protection of these groups. The low response rate compared to the volume of complaints about human rights violations in the security and defense sector may be due to the lack of funding and the lack of qualified specialists. Given the ongoing war between the Russian Federation and Ukraine, the number of appeals will increase, and the volume of unresolved issues will most likely accumulate. Therefore, taking current realities into account, the increase in the number of servicemen and other defense sector employees, it is advisable to follow best practices worldwide and separate the institute of the military ombudsman from the institute of the Parliamentary Human Rights Commissioner. This can be done by introducing an appropriate legislative act and establishing an independent structure with expanded powers regarding veterans, prisoners of war and civilian hostages with its own financing and staff.

Accelerating tobacco control in the EU: Legislative actions towards a tobacco-free generation by 2040

Accelerating tobacco control in the EU: Legislative actions towards a tobacco-free generation by 2040

Реализация взаимного страхования «от огня» строений духовного ведомства в России в 1910–1917 годы (по материалам Усть-Сысольского уезда Вологодской губернии)

The paper deals with the study of the pre-revolutionary experience of mutual insurance against fires of real estate of the Russian Orthodox Church. Based on financial and office documents of the Ust-Sysolsk Uyezd of the Vologda province, the process of practical implementation of insurance of buildings of the ecclesiastical department on the principles of reciprocity is recreated. The regulatory framework for mutual insurance was based on the legislative act of 1904, but the insurance assessment of buildings was carried out only in 1910. Information is provided on the structure of insurance documents, cases of fires and payments for damage “from fire” from sources deposited in the funds of the Russian State Historical Archive. By January 1, 1911, diocesan buildings in the Russian Empire were insured for over 800 million rubles, in the Ust-Sysolsk Uyezd – for over 859 thousand rubles. Information on the number of insured buildings and their insurance assessment, the amount of annual premiums and compensations for insurance cases in the Ust-Sysolsk Uyezd is systematized. The analyzed materials made it possible to correlate insurance premiums and insurance business costs, to access both the negative aspects and the benefits of mutual insurance for policyholders. The author comes to the conclusion that the practices of mutual real estate insurance, organized by the Holy Synod, demonstrate valuable experience in finding solutions to eliminate material damage “from fire”, when fire losses were compensated through small contributions. Insurance on the principles of rerciprocity was most important for regional parishes, that did not have large incomes and were often unable to independantly restore destroyed buildings. Due to compensations, it was possible to repair and restore many buildings of the ecclesiastical department. Despite bureaucratic, travel, and clerical expenses for insurance business, the remaining funds allowed to form a “reserve capital”, that performed the function of a reserve fund.

THE LEGAL NATURE OF PUBLIC PROCUREMENT AGREEMENTS AND THE FEATURES OF CONTRACTING IN ELECTRONIC FORM

In the article, based on the analysis of the contractual process, with the help of analytical, formal-logical and comparative legal methods, the legal nature of the peculiarities of public procurement contracts and their difference from other civil-law and economic contracts is clarified, as well as the peculiarities of concluding contracts in electronic form. The relevance of the article is due to the significant importance of contracts on public procurement and the study of the features of concluding contracts in electronic form for the interests of state customers and the state as a whole. In the course of the study, the properties and nature of public procurement contracts and the peculiarities of concluding contracts in electronic form were clarified in the analysis of compliance with the principle of freedom of contract from the beginning of the pre-contractual process stage to the moment of concluding the procurement contract. When clarifying the legal nature of contracts on public procurement and the features of concluding contracts in electronic form, an analysis of the possibility of applying the concept of “a contract as a source of law” to these contracts is carried out. According to the results of the study, the transparency and openness of the entire contractual process, which is controlled by the public and state bodies in order to meet the needs of customers acting in the interests of the state, has been established. Important features of the legal nature of procurement contracts are their mandatory planning, consensuality and payment. The subject structure of these contracts is special, given the competitive nature of these contracts, which are mostly concluded as a result of competitive procedures or simplified procurement. The state takes a special role in these treaties as “a kind of treaty agent.” When concluding contracts on public procurement, the principle of economic profitability and compliance with the requirements of the customer in accordance with current legislation applies. According to the results and conclusions of the study, participants of the contractual process - customers and participants (service providers, contractors, sellers of goods) and specialists in the field of law are suggested to use in their work. Based on the results of the research, it is proposed to supplement Article 640 of the Civil Code of Ukraine with the fifth paragraph, in which to define the registration of procurement contracts in the state treasury bodies, which is mandatory, but is not specified in any legislative act. Also, in paragraph five of the specified article, it is proposed to determine the moment of conclusion of the purchase contract, which is different from the moment of conclusion of other contracts.

New approaches to the implementation of supervisory powers in capital markets and organized commodity markets

The article analyzes new mechanisms and measures of influence on supervisory entities in capital markets and organized commodity markets. A general positive assessment is given to the innovations related to the introduction of more flexible tools for adjusting the state of stock and organized commodity markets, as well as the expansion of the powers of the National Securities and Stock Market Commission (NSSMC), while simultaneously strengthening the legal guarantees of the rights of supervised entities. Attention is paid to changes regarding the inclusion of individuals as subjects of responsibility under this law, clearer delineation of the scope of supervised entities, and significant expansion of the rights of supervised entities by utilizing the best practices of regulating procedural relations between the supervisory body and the supervised entity. The article also explores the deepening regulation of communicative connections between these entities and the procedures for implementing supervisory measures. Attention is given to preventive measures for violations, such as «recommendations by inspectors» and «requests for the adoption of measures.» The article analyzes new forms of implementing supervisory powers and measures of influence on supervised entities, as well as new mechanisms for their implementation that were not previously known in domestic practice. The legal significance of «public warnings» is highlighted, and a legal evaluation of «settlement agreements regarding the consequences of violating sectoral legislation» is provided as an alternative to administrative enforcement measures. According to the authors, concluding such an agreement cannot be considered as a discretionary power of the NSSMC but rather a right of the supervised entity. Conclusions are made regarding the compliance of the introduction of «controlled services» with the IOSCO principle. Taking into account the guarantees of the rights of supervised entities, as stipulated in Article 35 of the Law of Ukraine «On Amendments to the Law of Ukraine ‘On State Regulation of Capital Markets and Organized Commodity Markets’ and Some Other Legislative Acts of Ukraine on Improving State Regulation and Supervision in Capital Markets and Organized Commodity Markets» of February 22, 2024, No. 3585-IX (hereinafter referred to as Law No. 3585-IX). The article defines the functional purpose of legislative restrictions on financial sanctions against supervised entities - legal entities, which, in the authors’ view, aim to prevent their economic destruction and the disruption of economic ties in the respective market. In conclusion, the changes introduced as a result of the adoption of Law No. 3585-IX are expected to positively impact the relationship between the regulator and market participants. The innovations in the practice of legal regulation of relations between the regulator and supervised entities deserve to be extended to other similar areas of state control and supervision.

Nutrient profiling assessment of packaged snack foods with nutrition-related claims available on the Indian market.

Food packaging includes labels with specific nutrient contents to provide consumers with nutritional information. Legislative actions and consumers' growing interest in nutrition information have increased the disclosure of nutrition information. The study was planned to examine packaged snack foods carrying nutritional claims for nutrition labeling. The selected packaged chips were divided into categories based on the primary ingredients mentioned on the nutrition label, such as cereal/pseudocereal-based, millet-based, vegetable-based, and pulses/legume-based chips. Four threshold levels, such as total sugar, sodium, total fat, and saturated fat, were used for categorization. Out of a total of 23 packaged chips, the corresponding 2, 7, 8, and 13 products had a higher content of sugar, saturated fat, sodium, and total fat than the threshold levels. A significant (p ≤ 0.01) difference was observed in the values of nutrients analyzed through laboratory methods in comparison with the values given on the nutrition label in the majority of the products. The majority of the products belonged to national brands and differed from the nutrition-related information given on the product label in terms of the nutrient content claim.

On the question of administrative-delicit law of Ukraine

The article notes that the active development of social relations affected the renewal of the doctrinal foundations of Ukrainian administrative law, as a result of which there are constant discussions in the modern science of administrative law of Ukraine, including those directly related to administrative-legal relations. And therefore, the prospects of administrative and legal science, as well as the fields of administrative law, are connected with modern tasks that science sets before itself in accordance with social requirements, which must be solved, including through the application of measures. It is emphasized that administrative law regulates a significant number of different social relations, among which a special place is occupied by administrative-delict relations, which cover a variety of relations that are subject to the norms of administrative law, which is currently in the stage of systemic reform and is mostly connected with relations to ensure implementation of human and citizen rights and freedoms, consideration of administrative disputes, application of measures of administrative responsibility, bringing to disciplinary responsibility persons of public law. Attention is drawn to the attempts to reform the administrative-tort legislation, since the codified act of the administrative-tort legislation adopted in Soviet times does not meet the realities and requirements of today. Therefore, the issue of updating the administrative-delict legislation occupies a prominent place in the scientific developments of domestic legal scientists. Existing scientific discussions on the separation of administrative-tort law into an independent branch of law exist to this day, but we must state that administrative-tort law, despite its own specificity, a significant number of various functions (regulatory, binding, permitting, protective, educational etc.), is a sub-branch of administrative law, which has a special subject of legal regulation, which is a set of legal norms that regulate relations arising from the doctrine of administrative tort. It is emphasized that the formation of modern administrative-delict law involves interaction with the institutions of administrative responsibility provided for by the sectoral norms of laws, which may include the procedure of bringing a person to administrative responsibility, completely different from that regulated by the Code of Administrative Offenses, which requires new theoretical views on the establishment of a system of administrative penalties.

Partner financing: essential elements of the legal regime

Experimental rulemaking, which has spread in recent years, has largely covered the national banking system. The experiment in the field of partner financing, introduced by Federal Law “On conducting an experiment to establish special regulation in order to create the necessary conditions for the implementation of partner financing activities in certain subjects of the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation”, is characterized by an original character here. In this regard, the study of the elements of the legal regime framing this experiment, the identification of its features, as well as “bottlenecks” and the search for ways to minimize them, becomes extremely relevant.

Pesticide residues in common and herbal teas combined with risk assessment and transfer to the infusion

The use of pesticides is permitted in tea cultivation, but many of them are withdrawn in Europe. The aim of this study was a comprehensive assessment of pesticide occurrence in common teas (black, green, red, white, and black flavored) and herbal teas (lemon balm and mint) and their transfer to the infusion. Among 603 pesticides, 24 were detected, of which 9 were withdrawn in Europe. Of the 64 tea samples, 47% had pesticide residues and 2% exceeded the European Maximum Residue Level (EU MRL; 672% for linuron/mint). The highest concentrations of the most common pesticides were 336 ng g-1 (quizalofop-P-ethyl and linuron/mint), 134.4 ng g-1 (flufenoxuron/green tea), and 120.8 ng g-1 (thiamethoxam/black flavored tea). A short time of brewing (5 min.) had a higher transfer factor (TF) of most pesticides to the infusion (TF= 0.85/thiacloprid), compared to 30 min. brewing (TF= 0.75/thiacloprid). Moreover, the physicochemical properties of detected pesticides, mainly density and melting temperature had a crucial impact on their transfer to the infusion. Acute risk was the highest for linuron/mint/children (17% of Acute Reference Dose; ARfD). Despite the withdrawal of some pesticides in the EU, they are still detected in tea samples. The results are pivotal for human health and highlight the need for further legislative action for tea.

Legal regulations of service order in the USSR militia in the 20s of the 20th century

The scientific paper is devoted to the problems of legal regulations of service in the USSR militia in the 20s of the 20th century. Legislative and by-laws adopted by the authorities of the Ukrainian SSR during the period under study were used. Some archival documents containing orders of the militia authorities regulating the service were introduced into scientific circulation. During the study period the distinct aspects of service in the Ukrainian SSR militia were identified. It was determined that in the 1920s, educational, political, and health criteria were established for Ukrainian SSR militia service candidates. The procedure for promotion and conditions of service career were established by the Rules of Service in the militia, which were approved by the NKVD of the USSR. The working hours and dismissal conditions of militia officers were regulated by departmental by-laws of the NKVD of the USSR and the collective agreement based on labor legislation. Attention was paid to the 1926 Regulation on the Militia, which stated the application of labor law standards to militia officers with specific exceptions outlined in the legislative act. It was determined that legal protection for militia officers during their duties was governed by the Criminal Codes of 1922 and 1927, along with the norms of the Administrative Code of 1927. The researcher believes that the 1926 Militia Regulation's provisions, which extended labor law norms to militia officers, are beneficial for updating the current legislation governing police service. It is suggested to consider the possibility of legal regulations of police service based on labor law norms with certain exceptions provided for in the legislation.

Legislative Pioneers: The Brave South Korean Women Spearheading Change Against Gender Discrimination, Violence, and Inequality Through Progressive Laws

In South Korea, women have a long history of fighting against injustice. This includes brutality and discrimination based on gender. This study looks at how South Korean women led the way. The aim of this writing is to examine the critical role played by female lawmakers in South Korea as they lead the charge in passing progressive legislation to fight inequality, violence, and gender discrimination. The study explores the historical background of women's political engagement in South Korea, stressing the rise of women's rights movements and the difficulties experienced by female activists in promoting gender equality. This study proposes to search for the roles of "Legislative Pioneers" in South Korea. It does this by drawing on a thorough assessment of the literature. The paper explores the impact of South Korean women's legislative activism on gender equality through interviews, historical analysis, and official data as mixed approach by both quantitative as well as qualitative methodology. The transformative impact of women legislators in driving legislative reforms aimed at addressing gender-based violence, promoting gender equality in the workplace, and enhancing women's political representation and participation is examined in this paper through an analysis of legislative initiatives and policy outcomes. The conversation also looks at the obstacles and difficulties faced by female parliamentarians, such as institutional impediments in the political system and opposition from conservative forces. Notwithstanding these obstacles, female lawmakers persist in promoting progressive reforms, capitalizing on global connections and partnerships to propel gender parity and women's entitlements in South Korea. In summary, the study illuminates the noteworthy accomplishments of legislative trailblazers in South Korea and underscores their pivotal function in cultivating a society that is more comprehensive and just for every person.

Issue linkage and climate votes in the U.S. House of Representatives, 2007–2020

What motivates members of the U.S. House of Representatives to support legislative action (LA) on climate issues? Although the U.S. Congress has passed very few climate bills in the last 20 years, there has been a substantial number of LAs in the form of votes on bills, resolutions, and amendments. Because climate issues might not get legislative traction on their own, we examine whether linking them with other salient environmental issues changes how legislators vote on climate-focused LAs (C-LAs). Substantively, we examine whether linking climate with clean air, water pollution, environmental justice, and transportation might change House members’ votes. We analyze House votes on climate change LAs as reported by the League of Conservation Voters (LCV). For the 2007–2021 period, LCV scored 406 votes and identified 77 of them as C-LAs. Our regression analysis of the votes of 435 House members on 77 LAs suggests that all else equal, while climate issues without issue linkages diminish legislative support, C-LAs attract votes when they are linked with clean air and environmental justice. However, issue linkages could also backfire: C-LAs linked with water and transportation diminish legislative support.

The peculiarities of labor legal relations with a family doctor in the context of healthcare reform in Ukraine

According to national and international legislation, every person on the territory of Ukraine has the right to qualified medical assistance. As a result of healthcare reform in Ukraine, family doctors have started working, with whom patients conclude declarations in accordance with Ukrainian legislation. Consideration of labor legal relations with a family doctor is extremely important and relevant, as there are many problems and gaps in practice and legislative activities that require research and resolution. The full-scale invasion of Russia on the territory of our state had a negative impact on labor legal relations with family doctors. Due to hostilities, many patients have left for safer places in Ukraine or abroad. Many family doctors, who left their home and place of residence, are generally forced to seek for another place of work. These are significant drawbacks of labor law in the field of medicine, which we are currently facing in Ukraine and which require regulation and finding ways to resolve them. Therefore, consideration of theoretical and legislative material is relevant and extremely important. The purpose is to study the peculiarities of labor legal relations with a family doctor in the context of healthcare reform in Ukraine. The object is the legal basis and legislative framework, which regulate labor legal relations with a family doctor. Conducting research and summarizing qualifications, it can be said that general scientific methods, general methods, interdisciplinary methods, and specialized methods are applied. The analysis of the theoretical and legal source base, from the labor legislation, reveals ways to solve the problematic issues that family doctors face today. Incorporating positive international experience and making proposals for its further consideration and implementation in practice will make it possible to solve the current problems, taking into account all the risks. It is proposed to increase the salary of family doctors, regardless of the number of patients who have signed declarations with them. It is proposed to highlight the fundamental principles of labor activity with family doctors, which are based on the principles of legality, openness, voluntariness, normativity, transparency, control, and informativeness. The proposal is to enhance public awareness of the services of family doctors and the conclusion of declarations without being tied to the location.

Identifying the main areas of study of constitutional principles of civil proceedings

The article is devoted to the study of the main areas of research on the constitutional principles of civil proceedings. The researcher addresses the issue more comprehensively and provides some factors that may affect the course of the study. The author analyses the areas which influence the study of the constitutional principles of civil justice. In particular, the author emphasises the trend towards the fundamentalisation of human rights and freedoms. It should be noted that they began to form most clearly immediately after the end of the Second World War when the former liberal ideas underlying the existing legal order were replaced by new values, which became human rights and freedoms. The author proves that only democratic legal procedures and respect for human rights and liberties can be the basis for the activities of modern states and be applied to the judiciary and civil proceedings. The author suggests that numerous international legal documents reflecting the state of development, changes and consolidation of human rights and freedoms, in particular, those which form the model of civil proceedings, are a promising area for analysis. The author argues that the legal phenomenon of the rule of law has a more significant impact than the legislator gives it. The author explains its defining and essential importance for the system of principles, which is a necessary direction for studying the constitutional principles of civil justice. In addition, the author believes that the stage of reform and adaptation which Ukrainian legislation is undergoing as part of its approximation to the EU legislation is important as one of the next areas of research. The impact of constitutional provisions on justice is also significant. The article examines the impact of the Constitution of Ukraine on sectoral legislation and its significance for establishing the scope of civil justice. The article analyses the importance of the rule of law for legislative and law enforcement activities. The author proves the necessity of referring to the category of a system of principles because of their legislative consolidation. The author focuses on the importance of developing clear criteria for classifying a provision as a principle of civil procedure. The author emphasises the need for critical analysis and study of judicial practice to research the constitutional principles of civil procedure.