Position Of Courts Research Articles

Gloss to the Judgment of the Court of Appeal in Łódź of 11 August, 2021, I ACa 139/20, Concerning Strict Liability for the Collapse of a Structure or Detachment of its Parts

The subject of this gloss is the responsibility of the autonomous possessor for the collapse of a building or detachment of its parts. Having analysed the judgment, the author observes that the concepts of a structure (building) as well as detachment of its parts are interpreted too broadly in judicial decisions. Not every detachment (such as a destroyed fence and broken glass in the front door or in the balcony balustrade) justifies the strict liability of their autonomous possessor. Therefore, the current position in this respect needs revising. However, in many actual situations, the actions or omissions of other people, including the aggrieved party, may be included in the chain of causation. Consequently, the question arises whether and to what extent these circumstances may affect the autonomous possessor‘s liability and its scope. It is particularly important to determine the aggrieved party’s behaviour which can be qualified as contributing to or increasing the extent of the damage. The extreme positions of individual courts in this respect vary from the necessity of complicity (culpa concurens) to the sufficient requirement of complicity (causa concurens), which causes great uncertainty of decisions that may differ under similar circumstances. The above question as well as other issues regarding the co-responsibility of the autonomous possessor of the structure and other people whose actions or omissions resulted in the damage, have been considered in the gloss to the judgment of the Court of Appeal in Łódź of 11 August, 2021 (I ACa 139/20).

О некоторых вопросах осуществления прокурором уголовного преследования в ходе судебного разбирательства в пореформенный период (вторая половина XIX – начало ХХ вв.)

On the basis of the legislation of the Russian Empire, judicial statistics and archival materials on the activities of the domestic prosecutor’s office as part of the implementation of the Judicial Аннотации Reform of 1864, the author analyzes the role of the public prosecutor in an adversarial criminal process and the practice of carrying out criminal prosecution in the course of judicial proceedings, including the jurors’ participation in court. Important factors in the effectiveness of prosecutorial criminal prosecution were, as the author believes, the thorough preparation of the prosecutor for the trial, the use of the entire range of his procedural powers during the trial, the consistent defense of his position in higher courts. Particular attention is paid to the reasons for the issuance of acquittals by the jury due to both miscalculations and shortcomings in the accusatory activity, and abuses by the defense, as well as the mechanism for overcoming the corresponding negative trends in prosecutorial practice.

국민건강보험법상 임의비급여 진료비 부당이득반환채권에 대한 보험회사의 채권자대위 가능성

If a medical institution's medical practice to a patient is not listed on the benefit coverage or statutory non benefit coverage under the National Health Insurance Act, the medical practice is a arbitrary non-benefit coverage that has not been approved for safety and effectiveness. In principle, it cannot perform the medical practice on the patient and of course cannot receive medical expenses. These arbitrary non-benefits coverage are not covered by private medical expense insurance. The court's basic position on arbitrary non-benefit coverage treatment and receipt of medical expenses is said to be invalid as a violation of compulsory laws unless there are special circumstances. The Supreme Court interprets that the receipt of medical expenses is valid if several conditions are met even for arbitrary non-benefit coverage medical treatment. It is difficult to say that there was sincere consent from the patient in the target judgment in this paper, and it is difficult to find the inevitability or urgency of implementing arbitrary non-benefit coverage medical practices without implementing other medical practices listed on the benefit coverage or statutory non-benefit coverage list. Therefore, the conditions proposed by the Supreme Court were not met, and the arbitrary non-benefit coverage treatment act is interpreted as illegal. The patient will have a claim to return unfair gains from the medical institution, and if the patient receives insurance money equivalent to medical expenses from the private medical expense insurance company, the insurance company will have the right to claim the return of unfair gains from the patient. At this time, there is a question of whether an insurance company can exercise the unjust enrichment claim of medical expenses that the patient has against the medical institution to satisfy his/her claim. The Supreme Court recently determined that it was impossible for insurers to exercise their subrogation rights to medical institution. As a basis, it is cited that the debtor is insolvent and that the insurance company can individually exercise the right to claim the return of insurance money against the insured(patient). However, the debtor's incapacity requirement is not necessarily required at a time when the purpose of exercising the creditor's subrogation right is changing from the preservation function of the responsible property to a means of realizing the creditor's rights. In addition, it is clear that insurance companies cannot freely file a lawsuit against their customers for the return of insurance money due to regulations by financial regulators. Insurance companies that fail to recover insurance money even after paying insurance money for arbitrary non-benefit coverage will suffer disadvantages such as a rise in the loss rate, which will eventually lead to an increase in insurance premiums. It is unfair to allow medical institutions that have performed arbitrary non-benefit coverage treatment activities that are not allowed to keep medical expenses as they are. Under these circumstances, subrogation right of creditors should be allowed to insurance companies.

Analytical Review of Court Cases Involving the Antitrust for the Second Quarter of 2023

Analysis of the legal positions of courts in cases of violation of antimonopoly legislation in terms of consideration of issues: antimonopoly control over trading, calculation of the amount of income for criminal prosecution for violation of antimonopoly legislation, provision of preferences.Purpose: formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

Can Domestic Environmental Courts Implement International Environmental Law? A Framework for Institutional Analysis

AbstractThe rapid and widespread establishment of domestic environmental courts and tribunals raises important questions regarding their implications for international environmental law and global environmental governance. I use an interdisciplinary, multi-method approach to consider the capacity of domestic environmental courts to identify and apply norms and principles of international environmental law in domestic opinions. I first review existing literature, identifying jurisdiction, judicial discretion, and a court's position in a legal system as key institutional determinants of this capacity. I then develop a typology of domestic environmental courts and tribunals, which suggests that, all else being equal, a court with national geographic jurisdiction that also enjoys attributes of broad subject-matter jurisdiction and discretion may be expected to be best equipped to implement norms and principles of international environmental law. Next, I integrate existing assessments of environmental court presence with original outreach and web research to identify all countries which possess environmental courts, and assess a subset of eight existing national-level institutions. The analysis of this subset highlights the diversity of institutional models that can incorporate theorized best practices. Based on these findings, I draw several theoretical conclusions: specifically (i) the relevance of environmental court research to individual- and institutional-level analysis in transnational and international environmental law, (ii) the need for further legal-institutional analysis in global environmental governance scholarship, and (iii) the opportunity for further interdisciplinary analysis of the role of domestic courts in environmental governance.

Parens patriae jurisdiction and religious beliefs of parents in medical treatment of a minor: Examining the Supreme Court’s decision in Tega Esabunor v Faweya & Ors (2019) LPELR 46961 (SC) in light of international practice

Recently, the Supreme Court of Nigeria in Tega Esabunor v Faweya & Ors (2019) LPELR 46961 (SC) dismissed an appeal seeking to quash the order of a magistrate court for the transfusion of blood to a baby. The appellants contended that the court had no jurisdiction to make theorder. The crux of the case was whether the parents’ right to consent to the child’s treatment based on religious beliefs supersedes the child’s right to live, thus reflecting the tension between a parent’s right to give consent to the choice of treatment for their child, and the court’s power to override such rights through the inherent parens patriae jurisdiction of the state. The case also reflects the tension between the freedom of a parent to practise their religion and the right of a child to live, in the medical context. This article examines the findings of the Supreme Court in Tega Esabunor’s case, considering whether the court’s decision is in line with the generally accepted practice on when the state can intervene if persons with parental responsibility refuse medical treatment for an incompetent child because of religious beliefs.Cases from other jurisdictions are analysed to ascertain the position of foreign courts. It is submitted that the Supreme Court’s judgmentreflects accepted international practice regarding parental refusal of consent for medical treatment of a child.

PROBABLE CONCLUSION OF AN EXPERT IN A CRIMINAL CASE: EVALUATION AND USE BY THE PROSECUTOR IN COURT (DEBATABLE ISSUES)

The article discusses the ambiguously evaluated by process scientists the possibility of using the probable conclusion of an expert in proving a criminal case. This discussion arose quite a long time ago, continues at the present time and, apparently, will continue in the foreseeable future. There are indeed grounds for this, since the expert’s probable conclusion can also be interpreted in favor of the person against whom criminal prosecution is being carried out, since it does not contain a categorical conclusion about the reliable establishment of the investigated circumstance of the subject of proof or the fact constituting it. Scientists in this regard express diametrically opposed opinions, but in the overwhelming majority they are blamed for the fact that the probable expert opinion is subject to evaluation along with other evidence and, under certain conditions, can be combined with other evidence to form the basis of procedural decisions, including those made by the court. It should be noted that currently neither the Criminal Procedure Law nor Federal Law No. 73-FZ of 31.05.2001 “On State Expert Activity in the Russian Federation” provides for the division of expert opinions into categorical and probable, although such a classification exists and is recognized by the legal community. There is no explanation about this in the resolution of the Plenum of the Supreme Court of the Russian Federation No. 28 dated December 21, 2010 “On forensic examination in criminal cases”. At the same time, the said resolution does not prohibit the use of probable expert opinions in criminal proceedings, unlike the previously valid resolution of the Plenum of the Supreme Court of the USSR of 16.03.1971 with the same name. The author shares the position of scientists who believe that it is possible to use the expert opinions under consideration in proving a criminal case, including when maintaining state charges in court. In turn, the validity of this position is confirmed by the materials of the study of prosecutorial and judicial practice. examples of which are given in this article. At the same time, the lack of specificity of the conclusions contained in the probable expert opinions should force prosecutors to take a particularly careful approach to their research and evaluation before deciding on the validity of references to them in indictments and using them in proving the validity of the prosecution’s position in court. The nature of this decision is largely influenced by the degree (level) of probability of the expert’s conclusion, as well as the absence of contradictions between it and other evidence. According to the author, in order to eliminate disagreements regarding the use of probable expert opinions in criminal proceedings, it is advisable to include provisions establishing their legal status in the Federal Law on State Forensic Expert Activity and in the Criminal Procedure Law.

Analytical Review of Court Cases Involving the Antitrust Authority for December 2022 and the First Quarter of 2023

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly legislation in terms of consideration of issues: antimonopoly control over trading, challenging the order to initiate a case on violation of antimonopoly legislation, returning the application for challenging the decision and the order of the antimonopoly authority in court.Purpose: formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

El Abad del Monasterio de Poblet como Limosnero Real y su rendición de cuentas (S. XIV)

El artículo, una vez hecha una síntesis de las características del siglo XIV en la Corona de Aragón y Cataluña y de los acontecimientos históricos y económicos más relevantes, ofrece unas líneas sobre el monasterio de Poblet, su creación en 1150 a partir de los terrenos entregados por el conde de Barcelona, la evolución hasta llegar al siglo XIV, época en la que el rey Pedro el Ceremonioso instituye al limosnero real, que representa el núcleo central de nuestro estudio. A partir de unos manuscritos datados a finales del siglo XIV por el limosnero real y que son las anotaciones correspondientes a los movimientos de entrada y salida de las limosnas y de las Ordenanzas dictadas por el rey Pedro IV, tenemos conocimiento de las cantidades que éste disponía que debían ser entregadas en forma de dádivas a los beneficiarios de las mismas, así como sus destinatarios, que abarcan a casi todos los estamentos sociales, puesto que además de ser recibidas por los pobres menesterosos en auxilio de pitanza o de vestimenta, también son destinatarios los mo nasterios, los clérigos para recibir alimento tanto para el cuerpo como para la mente -formación-, las pecadoras para redimirse y los peregrinos, así como algún noble sobre el que pendiera la desgracia. Los documentos nos permiten conocer como se donaba la limosna real, las personas que intervenían (dos limosneros, dos monaguillos y un asistente o servidor), el lugar que ocupaban en la corte real -privilegios y obligaciones-, y lo que para nosotros ha sido más importante, los documentos que toda su administración conllevaba, así como conocer el proceso sobre el que se sustentaba la rendición de las cuentas de la limosna real, y como se produce un endurecimiento en el control de los registros a medida que nos acercamos a las postrimerías del siglo XIV.

Искусственное разделение единого административного правонарушения лицензионных требований в сфере управления многоквартирными домами

The paper deals with the problem of qualification and artificial division of a single administrative offense related to the presence of a debt to the public utilities suppliers by a managing company amounting double average monthly accrual when implementing the entrepreneurial activities on the management of apartment buildings with a gross violation of license requirements. The paper reveals the elements of administrative offense provided by part 3 of Art. 14.1.3 of the Code of the Russian Federation on Administrative Offenses. The author pays the particular attention to the analysis of small, but critically important judicial practice. Often the positions of regional courts contradict the positions of the RF Supreme Court and the general principles of administrative law. A problem of artificial division of a single offense into several independent ones was identified, since the disposition of part 3 of Art. 14.1.3 of the Code of the Russian Federation on Administrative Offenses is formulated inaccurately. Failure to fulfill the obligation for timely mutual settlements with a resource supplying organization may be erroneously qualified as several offenses, depending on the number of suppliers to whom the debt arose, and depending on the period of occurrence of such debt. Such an approach to law enforcement is found among the prosecution and housing supervision authorities. This problem leads to the repeated application of administrative punishment, when a single offense is qualified as several. The study identified general regularities in the approaches of superior courts, starting from the cassation level. These regularities allow determining the more precise conditions for qualifying gross violations of license requirements in the sphere of housing and utilities infrastructure in accordance with part 3 of Article 14.1.3 of the Code of the Russian Federation on Administrative Offenses.

Conflict of Laws Regulation of the Obligations Arising from Negotiorum Gestio

The article contains an analysis of the conflict of laws regulation of obligations arising from negotiorum gestio. Within the framework of the study, much attention is paid to both substantive and conflict-of-laws factors that complicate the construction of an optimal regulatory model. From the perspective of comparative legal analysis, the main approaches and modalities of regulation are determined, their critical analysis is conducted with due regard for the positions of the European courts, as well as legal gaps in the Russian legal order are specified. The author comes to the conclusion about the expediency of reforming the current Russian legislation, formulates proposals for the diversification of conflict-of-laws regulation based on the typification of cases of negotiorum gestio. The author also attempts to identify ways to eliminate legal uncertainty for the parties from a practical point of view within the framework of existing regulation in the context of the potential applicability of the statute of unilateral transactions, representation, unjust enrichment and tort conflict of laws rules.

Due Diligence in the Implementation of the Sustainable Development Goals and the ESG Agenda: the Balance of Soft and "Hard" Regulations

The subject of the study is the due diligence of the company, which can manifest itself to it in corporate governance. Due diligence in corporate governance, considered in the context of the implementation of the sustainable development goals and the ESG agenda, differs significantly from the understanding adopted in Russia from the position of the highest courts in the field of detection and prevention of tax abuses. Both approaches, as well as the definition under consideration, are not normatively fixed, and the first, in accordance with world tradition and practice, is implemented through soft regulation. In an environment of uncertainty and risk diversification, there is a growing trend to make SDG and ESG prudence mandatory. In Russia, such a transition is being discussed, but there is no readiness for it, and references to European experience in the current conditions are problematic. The existing ones in this area have not yet been studied, which hinders the choice of ways and mechanisms for their regulation. The novelty of the study is to identify the need to monitor the effectiveness of soft regulation and the actual activities of Russian companies in the context of the SDGs and the ESG agenda.

Factoring in Ukraine: Current Problems and New Stage of Development

Ukraine's movement towards the European community, driven by the granting to Ukraine a candidate status for EU membership, among others, sets the task of stabilizing and improving the economic situation in the country, including further development of market relations. This, in its turn, requires a significant speeding of commodity-monetary relations and requires better management of financial resources in the process of fulfillment by subjects their contractual obligations. In such circumstances, factoring as a way to change the creditor in a monetary obligation is of great importance. Factoring represents an effective financial and legal mechanism that provides its users with the significant advantages related to the management of receivables, raising capital by enterprises for the development and operation of their business in the long-term perspective. This article is devoted to the analysis of legal regulation of factoring in Ukraine, problems of harmonisation of legal regulation of factoring with international and foreign experience, legal positions of courts on the legal nature of factoring in Ukraine. The authors point out that currently there exists an issue of insufficient regulation of factoring in Ukraine, unequal approach to the regulation of factoring for banking and non-banking financial institutions (factoring companies). It is also noted that Ukrainian legislation does not contain definition of term "factoring" as a type of activity. Instead, in the literature and in practice, the term "factoring" is defined through a factoring agreement under the Civil Code of Ukraine. According to the definition and features of a factoring agreement, the main feature of factoring is "assignment of the right of monetary claim", which in practice often leads to the identification with assignment (cession). Taking into account mentioned problems, the article analyses the trends in the development and reform of factoring in Ukraine in the near future. In particular, the authors analyse the Concept of Reforming Factoring Regulation in Ukraine, which was presented by the National Bank of Ukraine (the Regulator for the Factoring Market), as well as the main approaches to the development of legislation. The main conclusion emphasises that the concept of factoring should be brought in line with international law, and factoring as a type of activity needs to be reformed as soon as possible. The best way to reform factoring legislation would be to adopt a separate law that would comprehensively regulate all aspects of factoring.

On the Issue of Protecting the Rights of Participants in Shared-Equity Construction in the Bankruptcy Procedure of the Builder

The purpose of the study is to update the problem of restoring the balance of interests of creditors – participants in shared-equity construction in the bankruptcy case of the developer. We are talking not only about the priority protection of the rights and legitimate interests of citizens as participants in the construction, but also other persons who are not related to those within the meaning of bankruptcy legislation and suffered as a result of the bankruptcy of the debtor-builder. There is a lack of certainty in the implementation of legal regulation, which negatively affects the existing judicial practice. The current legal regulation assumes the unequal status of participants in shared-equity construction within the framework of the bankruptcy procedure, which has become the subject of constitutional proceedings. The relevance of the study lies in the assessment of the changes made in 2019 to the Law on Equity Participation in Construction and the position of the Constitutional Court of the Russian Federation, expressed in the Resolution of July 21, 2022. The practical significance of the study is determined by the conclusions made by the authors of the article and expressed in an attempt to state the emerging contradictions in the legal positions of courts of various instances on the protection of the rights of participants in shared construction in the bankruptcy procedure of the developer. The article also considers certain aspects of the transition of the rights and obligations of the developer to the public law company «Fund for the Development of Territories», acting in order to protect the rights of citizens – participants in shared construction. It is emphasized that the Fund has no obligations to fulfill the obligations of the builder to collateral creditors. There is a contradictory law enforcement practice on this issue. It is concluded that it is necessary to further improve the legislative regulation of mechanisms for protecting the rights of participants in shared construction.

Analytical Review of Court Cases Involving the Antitrust Authority

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly legislation in terms of consideration of issues: control over economic concentration, administrative responsibility, creation of preferential conditions for participation in the competition, imposition of unfavorable conditions of the contract.Purpose: formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

The Role of the Prosecutor in Implementing a Right to Rehabilitation in Criminal Proceedings

The authors examine the powers of the prosecutor in the implementation of the rights of persons who were criminally prosecuted unlawfully or without good reasons. The goal of this work is to determine the role of the prosecutor in the exercise of the powers according to Chapter 18 of the Criminal Procedure Code of the Russian Federation and to identify the problems of the prosecutor’s participation in the implementation of the right to rehabilitation. The authors analyze the key clauses of the Criminal Procedure Code of the Russian Federation that prescribe the rehabilitation procedure in criminal proceedings, the key powers of the prosecutor in the rehabilitation procedure for a person who was criminally prosecuted unlawfully or without good reasons, as well as inter-departmental legal acts that state the powers of the prosecutor during the participation in cases of rehabilitation in criminal court proceedings. Besides, the article presents the opinions of researchers of legal proceedings and positions of Russian courts that allowed the authors to determine the role of the prosecutor in the examination of rehabilitation questions. The analysis revealed gaps in criminal procedure legislation that make it possible for the prosecutor to realize the function of prosecution regarding the implementation of the right to rehabilitation within court proceedings.

Sanctions and punishments for corruption of minors

It is generally accepted that the nature and degree of public danger of any crime, including the corruption of minors, is reflected in the sanction of the criminal law. A sanction is a part of a criminal law norm that has a state-coercive qualitative-quantitative character and is a formally defined objective-subjective model of criminal-legal influence measures applied to persons who have committed a crime. The social task of sanctions since the entry into force of the law on criminal responsibility is the general prevention of offenses, if the offense has been committed, then the application and implementation of the sanction is aimed at the implementation of the tasks of general and individual prevention, correction of the offender, restoration of law and order in all possible cases. The sanction of the criminal law norm provided for in Art. 156 of the Criminal Code, must be directly dependent on the typical social danger of the corruption of minors and be consistent with other sanctions of Chapter IV "Crimes against sexual freedom and sexual integrity" of the Special Part of the Criminal Code, as well as be proportional to the level of social significance of those rights and freedoms that are lost or in which the convict is limited to.
 In modern conditions, only the isolation from society of a convicted person who has committed lewd acts against a minor ensures a long period of non-commitment of the same or similar sexual crime, restores psychological balance and provides confidence in the safety of the minor.
 Today, the dynamics of criminal sanctions in combating the depravity of minors have received certain signals regarding strengthening, on the one hand, there is a differentiation of responsibility for the depravity of minors. 1-2 st. 156 of the Criminal Code, and on the other hand, it is necessary to express the unequivocal legal position of the higher courts of Ukraine regarding the imposition of tougher criminal penalties and other legal restrictions on the rights and freedoms of those guilty of desecrating minors, especially minors.

The influence of precedent practice of the European Court of Human Rights on the civil justice of Ukraine

This article examines the influence of the decisions of the European Court of Human Rights on the development of the civil procedural law of Ukraine and the practice of applying its norms by domestic courts. The concept and essence of the precedent nature of decisions (decisions) of the European Court of Human Rights, their place in the system of so-called "judicial sources" of civil procedural law are defined. The shortcomings of the Law of Ukraine "On the implementation of decisions and application of the practice of the European Court of Human Rights" are indicated, which recognizes the practice of the European Court of Human Rights as a source of law and the position of domestic courts regarding this deficiency.
 It is noted that the source of law according to the Law of Ukraine "On the Execution of Decisions and Application of the Practice of the European Court of Human Rights" is also the practice of the European Commission on Human Rights and its role in the procedure for considering complaints about violations of the Convention is determined.
 The directions of the influence of the practice of the European Court of Human Rights on civil proceedings are outlined, where it is concluded that a precedent can be formed on any procedural issue due to the dynamic interpretation by the specified court of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950 and its protocols . It is noted that the practice of the European Court of Human Rights generally constructs legal ideas regarding the principles of civil procedure and the right to a fair trial. On the example of a separate decision of the European Court of Human Rights, the law enforcement and regulatory influence on the results of consideration and resolution of a civil case and the development of the civil procedural law of Ukraine, respectively, are analyzed. The importance of the practice of the European Court of Human Rights for the civil justice of Ukraine is summarized. In particular, taking into account the precedent practice of the ECtHR during the consideration and resolution of civil cases will eliminate the factors that serve as the reason for the appeal to the Court and will introduce European standards of protection of human rights and freedoms into Ukrainian civil proceedings. As a result, the impact of the decisions of the ECtHR will reduce the need to appeal to an international judicial institution in search of just satisfaction, which will accelerate the protection of the rights and freedoms of the parties to a civil case within the framework of national judicial jurisdiction.

PRELIMINARY JUDICIAL CONTROL OF AMENDMENTS TO THE CONSTITUTION: COMPARATIVE STUDY

Background: Genetically, constitutional control appeared in connection with the need to check the constitutionality of ordinary laws adopted by the parliament. A significant practice of the bodies of constitutional jurisdiction regarding preliminary or subsequent control overdraft laws/laws on amendments to the constitution was also gradually formed. This approach has both positive and negative sides. In Ukraine, a significant practice of the Constitutional Court of Ukraine has already been formed regarding the provision of conclusions on the compliance of draft laws on amendments to the Constitution of Ukraine to comply with its Arts. 157-158 (preliminary control). An assessment of the relevant national experience is impossible without a comparative approach and study of the experience of foreign countries. Methods: The present paper used the following methods of analysis and synthesis to examine the main approaches to the nature of the preliminary judicial constitutional control of amendments to the constitution and its variation (explicit and implicit): the system-structural method, which allowed us to give a structural description of the preliminary judicial constitutional control of amendments to the constitution, as well as to analyse the content of its variations (explicit and implicit), and the logical-legal method, which provided an opportunity to clarify the content of the legal positions of constitutional courts and supreme courts of foreign countries on the implementation of the preliminary judicial constitutional control of amendments to the constitution. Results and Conclusions: Theoretical and practical approaches to substantiating the nature of the preliminary judicial constitutional control of amendments to the constitution in foreign countries were developed and analysed.

Administration of justice in Ukraine as an indicator of modern constitutionalism

The relevance of the study of judicial constitutionalism is explained by the public necessity to restore confidence in the Constitutional Court of Ukraine. The necessity of reforming the regulation of the Constitutional Court of Ukraine is relevant to this study. The purpose of the research is to cover the connection and impact of the results of the administration of justice in Ukraine on the overall state of constitutionalism. In the course of exploring the subject of this work, the authors, use the dialectical method of cognition to clarify the essence of the concept of “constitutionalism”, the formal legal method to analyse the sources of constitutional law relating to the administration of justice and develop recommendations for overcoming the identified systemic problems, the logical and legal method to identify the state of compliance by judges and public authorities with the basic principles of the constitutional order of Ukraine, and the analysis of legal practice, identified differences in understanding the legal content of the rule of law principle in the administration of justice, and thus its unequal application, and identified two systemic problems. One of them emerged as a result of the Supreme Court's ambiguous position that a notary cannot be a defendant in cases of illegally committed executive inscriptions, and the other, on the contrary, is due to the ignoring of decisions of the Constitutional Court of Ukraine and the Supreme Court by public authorities empowered to ensure social protection of the population. The proposed research is the result of the analysis of some specific practical aspects - the results of the judicial proceedings in Ukraine, and the identification of systemic problems in judicial practice which affect the assessment of constitutionalism as a constitutional and legal reality. The authors emphasise the necessity of raising legal culture and legal awareness, both in society in general and among lawyers in particular. It is possible if the educational process combines the acquisition of professional and practical competencies with the education of both human and professional qualities. The practical significance of the work is a comprehensive consideration of current issues of the administration of justice in Ukraine from a practical and theoretical standpoint