Principle Of Legal Certainty Research Articles

POLEMIC OF THE CRIMINAL CODE BILL FROM THE PERSPECTIVE OF ADVOCATES

Indonesia's existing Criminal Code (KUHP), a remnant from the Dutch East Indies colonial era, is regarded as outdated and disconnected from current societal realities. This has spurred the Indonesian Government to initiate a comprehensive update of the criminal provisions via the Draft Criminal Code (RUU KUHP), which has been in the making for several decades. The RUU KUHP aims to accommodate the evolving needs of the nation's criminal law system. However, this endeavour has sparked controversy, particularly regarding Articles 282 and 515 of the RUU KUHP, which are viewed as discrediting Advocates as independent enforcers of the law. These articles are claimed to be at odds with the Advocate Act, the lex specialis of the RUU KUHP, raising concerns about the potential impact on the professional status of Advocates. Moreover, Article 281 of the RUU KUHP has raised alarms due to its potential as a 'rubber article', susceptible to multiple interpretations, which could undermine the principle of legal certainty. This normative-juridical study utilises a descriptive-analytical methodology to analyse these contentious aspects of the RUU KUHP. It concludes that the provisions regarding Advocates conflict with the Advocate Act, and the ambiguity in Article 281 raise the risk of misuse and legal uncertainty. While the RUU KUHP signifies a crucial effort towards modernising the nation's criminal law system, these issues must be addressed to ensure its credibility and effectiveness.

Asas-Asas Hukum Keluarga Islam

This article identifies the principles of family law contained therein. From the identification results, the principles of family law were found, namely the principle of freedom, the principle of protection and prevention, the principle of monogamy, the principle of responsibility and justice and the principle of legal certainty. Legal principles are important because truth is the basis for thinking and reasoning, especially in enforcing and implementing the law. Legal principles are the most important subsystem of the legal system and legal principles. Principles take precedence over a system of rules. This is not only because legal principles are more universal, but also because they reflect cultural values and messages that should be embodied in the supremacy of law. Legal principles can be used as a basis or justification for the formation of a legal regulation, or can represent the legal relationship of legal regulations, including the values, aspirations, ideas, social or ethical views that are formed. From an Islamic perspective, principles can be formed in the order of Islamic legal philosophy. The type of research that the author uses is library research with a qualitative descriptive research approach. The conclusion of this article is that legal principles are understood as the fundamental ideas behind a legal system, which are formulated in legal regulations and judges' decisions, and are the basis for making certain regulations and decisions.

Transparency Claims, Intellectual Services and Consumer Contracts: A Case of Consumer Over-Protection and Under-Protection?

Abstract The paper examines the development of the case law of the Court of Justice of the European Union (CJEU) on the consequences of (non-)transparency claims in consumer contracts in the case of the supply of intellectual (legal) services. In its recent decision (Case C-395/21, D V), the CJEU was confronted with the consequences of the unfairness of the remuneration term contained in a legal services contract. The Court’s analysis of the non-transparency (and unfairness) of core terms under Articles 4 para 2 and 5 UCTD and its consequences under Article 6 UCDT raises a variety of questions. Specifically, the D V case illustrates the difficulties of the CJEU in striking an adequate and effective balance between consumer protection on the one hand and the right of the business party (lawyer) to her/his counter-performance (the remuneration) for the legal services on the other hand. This, in a nutshell, is because the unfairness of the term led—like most mortgage loan agreements denominated in foreign currency—to the invalidity of the whole price-setting mechanism, depriving the supplier of his/her remuneration in its entirety. Against this backdrop, the paper will address the troublesome relationship among the unfairness of core terms encompassed in consumer contracts providing intellectual services, restitutionary remedies and judicial revision of the unfair terms, alternatively leading to situations of consumer over-protection and under-protection. First, the paper will highlight why this case law poses new challenges for both consumer and national law and why it should be treated differently from – or, at least, in confrontation with – the recent CJEU’s case law concerning the mortgage loan agreements saga. Secondly, the paper395 will argue that the denial of remuneration of the supplier—even though complying with the aim to restore the legal and factual situation in which the consumer would have been in the absence of the unfair term—could entail consumer over-protection issues, since the performance could not be returned; this situation could potentially lead to clashes with overarching general principles (such as the principle of proportionality). Lastly, the exclusion of a judicial revision in the sense of a judicial estimate could be detrimental for the consumer if the quantification of the supplier’s remuneration would be impossible without such a judicial estimate. In that case, the invalidity of the unfair term and of the contract in its entirety could expose consumers to unjust enrichment claims, thus frustrating the CJEU’s aim of preventing judicial estimates of a fair charge and undermining the principle of legal certainty, as interpreted by the European Court. In this sense, such an orientation will trigger a situation of consumer under-protection. In the final analysis, the paper will address some of the possible systemic implications of the CJEU’s case examined. The paper will further suggest that, in order to prevent both situations of over-protection and under-protection of consumers, we should rethink the mechanisms of the transparency assessment under the UCTD – in particular, when essential terms are concerned and neither the restitution nor the remuneration of the services provided is possible or consistent with EU Consumer Law.

Menilik Perjanjian Kerja Sebagai Perwujudan Terpenuhinya Hak dan Kewajiban Para Pihak

One of the bases in the employment relationship which gives rise to an engagement or legal relationship for the parties is the employment agreement which gives rise to the rights and obligations of the parties. The existence of work agreements regulated in Law Number 13 of 2003 concerning Employment is expected to realize the rights and obligations of the parties fairly, however in practice this has not been fully fulfilled. The principles of contract law must be fulfilled and in harmony with the principles contained in the employment agreement. These principles include the principle of freedom of contract, the principle of consensualism, the principle of legal certainty, the principle of good faith, the principle of personality, the principle of trust, the principle of legal equality, the principle of balance, the principle of legal certainty, the principle of morals, the principle of decency and the principle of protection. All of these principles are related and cannot be separated.

The Legal Certainty Principle in the Practice of the Court of Arbitration for Sport (CAS)

The Legal Certainty Principle in the Practice of the Court of Arbitration for Sport (CAS)

Legal status of construction participants in case of bankruptcy of the developer: problems of qualification

The article examines the legal status of citizens who have filed claims in the bankruptcy case of a developer. The analysis of changes in the legal definition of the concept of “construction participant” in connection with the exclusion of legal entities from it is presented. The requirements of citizens satisfying their housing needs and citizens pursuing investment goals are differentiated. The conclusion is made about the identity of the legal status of construction participants who have both monetary and non-monetary claims to the developer. The legal positions of the Supreme Court of the Russian Federation on lowering the priority of the requirements of construction participants pursuing investment goals are analyzed. It is proposed to amend the Bankruptcy Law aimed at observing the principle of legal certainty.

The principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings

The article examines the theoretical and legal foundations of the principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings. The relevance is because the studied principle reflects and concretizes one of the main and specific ideas of law, which distinguishes it from other social regulators, the idea of certainty. The subject of the study is the principle of legal certainty of law, its aspects, functions, and place in the system of principles of administrative proceedings in relation to the mechanism of legal regulation. The methodological basis made up of general scientific and special legal methods of cognition. With the help of a systemic approach, the system of general legal principles is considered and the place occupied by the principle of legal certainty is determined. It is noted that the principle of legal certainty expresses the basic idea and requirement of the certainty of legal regulation, which is achieved due to clarity, precision, unambiguity and non-contradiction of legal norms and individual-authority precepts, clarity of the order of operation of a normative-legal act, stability of legal relations, stability of legal relations, law. It indicated that legal certainty is the result of legal regulation, which characterized by compliance with the set of requirements of the principle. The adjective «legal» emphasizes the signs (quality, property) of certainty, highlighting the state of the legal sphere of society as a characteristic. In the field of action, the principle of legal certainty is generally legal. The general nature determined by the set of requirements relating to all branches of law, including administrative proceedings. The main requirement is the determination of the rule of law as an initial element of the mechanism of legal regulation, since its clear functioning in the future depends on its consistent content. Clarity presupposes an adequate perception of the meaning of the legal norm by the subjects of the law. Accuracy means compliance of the wording of the law with established legal concepts, terms, and constructions. Non-contradiction implies its consistency with the system of current legal regulation. Pedal perspectives of the study touch upon the issues of the influence of the principle on the effectiveness of legal regulation.

Problematic aspects of procedures related to monitoring and registration of tax invoices

One of the effective means of countering the illegal reduction of tax liabilities is the electronic administration of VAT, an integral part of which is the system of monitoring and registration of tax invoices. It is aimed at preventing the artificial formation of a tax credit based on transactions that did not actually exist. However, along with the obvious advantages of automated monitoring, the existing system contains shortcomings and risks, as well as systemic problems that cause regular violations of the rights of VAT payers. The task of the state in these conditions is to find a fair balance between the fiscal interests of the state and a sufficient level of protection of the rights and legitimate interests of taxpayers.
 Stopping the registration of a tax invoice is an intermediate stage of the registration procedure, but it is important, because if the necessary documents and explanations are not submitted, the stop becomes a prerequisite for refusing to register the invoice. Considering that the suspension of registration imposes an additional obligation on the taxpayer, it is important to observe the principle of legal certainty already at the stage of formation of receipts on suspension of registration.
 It is proposed to finalize the Procedure for stopping the registration of a tax invoice/ calculation of adjustment in the Unified Register of Tax Invoices: to provide for an additional check by an employee of the controlling body of the existence of grounds for stopping the registration of a tax invoice. The receipt for the suspension of registration must contain a comprehensive list of documents and explanations that should be provided to the taxpayer for registration of the tax invoice.
 In addition, it is proposed to make changes to the form of the decision on refusal to register a tax invoice, namely, to add a description of the requirements of the law in the documents provided by the taxpayer, indicating the document in which the violation was committed, as well as a reference to the legal norms that were violated, and justification of the relationship between the committed violation and the riskiness of the transaction.

Navigating Legal Challenges: Implementing Nullity Verdict in Indonesia

Zero verdict is a criminal sentence imposed on a person who has received a maximum sentence but must be retried due to certain cases so that the criminal sentence given is zero or the maximum limit. Nil verdicts are still rarely known by the Indonesian people. The question in the community is why judges do not add punishment to criminal offenders who have been proven legally guilty of committing a criminal offense, in essence. Nil verdict is explicitly contained in the concept of concursus realis based on Article 67 of the Criminal Code that imposing the death penalty in such a way does not receive additional punishment if other criminal offenses are found at any time. The research method used is normative juridical, conducted by studying, viewing, and examining legal regulations such as the Criminal Code and Circular Letter Number 1 of 2022 concerning the Enforcement of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2022. The results showed that a nil verdict is very appropriate to be applied to defendants whose verdicts are sentenced to death, such as the cases of Muhammad Natsir and Heru Hidayat, so if there are other cases, they must be sentenced to Nil. This makes the Defendant previously sentenced to imprisonment for 20 years, not increase to life. Another problem is the lack of inter-court administration integration, resulting in overlapping criminal sanctions and exceeding 20 years. The absorption principle in concursus realis is sharpened. It is necessary to review the level between legally binding crimes and crimes that have just been revealed based on higher criminal threats so that the application of zero verdicts achieves the principles of legal certainty, Justice, and practicality. In this research, the author focuses on developing knowledge about zero verdicts that ordinary people can understand.

Indonesian Criminal Code, Living Law and Control in Law Enforcement in Indonesia

Introduction: The inclusion of the Living Law concept in the latest Criminal Code as a law that lives in society.Purposes of the Research: This paper analyzes the dialectic of legal certainty according to the principle of legality with living law as the principle of substantive justice in criminal law reform, from the perspective of law as a mechanism of social control and its influence on the dynamics of criminal law enforcement in Indonesia.Methods of the Research: This research uses a normative legal research model. Data collection is done through secondary data searches in the form of primary legal materials and secondary legal materials that are relevant to the object of the problem being studied. The approach used in the analysis is juridical-normative and then elaborated with a sociological approach through social science theories.Results of the Research: The results of the research on the accommodation of living law as a basic principle of criminal law have led to a dialectic between the principle of legal certainty and the principle of substantive justice. Living law is a form of law that is not codified like state law, but rather leads to awareness and cooperation among individuals in a community, so that the function applied is to control over community behavior, so that law enforcement mechanisms run naturally in order to maintain order and public morality.

The Implications of Legal Uncertainty of the Provisions on Hybrid Threats in the Indonesia National Defense System

The inclusion of hybrid threats in Law No. 23/2019 concerning Management of National Resources for National Defense can be considered an early preparation made within the national defense system to confront increasingly complex and multidimensional threats. However, it is important to question whether the addition of a new type of threat, namely hybrid threats, in Law No. 23/2019 on Management of National Resources for National Defense, which was not previously regulated in Law No. 3/2002 concerning National Defense, is in line with the principle of legal certainty. This legal research aims to analyze the legal certainty of the provisions regarding hybrid threats in Law No. 23/2019 concerning Management of National Resources for National Defense and its implications on policies related to state emergencies and the mobilization of reserve components. The study adopts a normative legal research method. The literature review collects information from document analysis, which is qualitatively analyzed. The data analysis is descriptive-analytical in nature. The results of the study show that the provisions regarding hybrid threats in Law No. 23/2019 concerning Management of National Resources for National Defense create legal uncertainty due to the disharmony in the legislative regulations. There is a need to fill the legal gap in addressing complex and multidimensional threats through the formulation of hybrid threats. However, this has led to a situation of legal uncertainty regarding the regulation of mobilizing reserve components, which should only be mobilized to face military threats when the President declares a state of military emergency or a state of war.

Requirements and methods of protection of copyright and related rights: correlation of concepts

This article is dedicated to distinguishing the concepts of «requirement» and «methods of protection». The need to distinguish between these concepts is related to the provision of civil procedural legislation, which contains various procedural consequences regarding the requirements and methods of protection that the plaintiff, through the court, applies to the defendant. It is the plaintiff who must exercise his right when applying to the court to determine his demands against the defendant and choose the way to protect his violated, unrecognized or disputed rights, freedoms or interests. The court has the duty to consider and decide the case exclusively within the limits of the stated requirements. At the same time, under certaincircumstances, the court may apply the method of protection that it considers effective, taking into account the specific circumstances of the case. Effective legal protection of copyright and/or related rights depends on the forms, methods and means ofprotection chosen by the subject of law. It should be taken into account that the requirements are specified in the methods of protection, which in turn are specified in the means of protection — sanctions. At the same time, «requirements», «methods of protection» and «means of protection» are different legal concepts, although they are mutually dependent.
 The existing legal limitation of the court, led to the emergence of such concepts as «improper method of protection» and «ineffective method of protection» in the civil procedural doctrine and law enforcement practice of the court. If the plaintiff chooses an inappropriate method of defense when applying to the court, this becomes the basis for refusing to satisfy the claims, and if the plaintiff chooses an ineffective method of protecting the violated right, it leads to the refusal to satisfy the claims.
 The conducted study of the provisions of material and procedural legislation allows us to talk about the need to make changes to the material legislation in order to clearly regulate the requirements, methods of protection and sanctions for violation of copyrightand/or related rights. In turn, such changes will make it possible to implement the general legal principle of legal certainty, which is a component of the principle ofthe rule of law.

Peculiarities of the procedural status of the subject authorized to carry out pre-trial investigation of criminal offenses

In the article, based on the study of the norms of domestic legislation, the analysis of the practice of investigation of criminal offenses, as well as scientific works on the relevant subject, the legal basis of the activity of investigation units, their functions, rights, duties and powers is defined. Attention is focused on the most problematic aspects of the procedural status of subjects authorized to investigate criminal misdemeanors. It is emphasized that the provisions on granting the authorized person of other subdivisions the authority to conduct inquiries are laid out without taking into account the principle of legal certainty (Article 8 of the Constitution of Ukraine). It is emphasized that the provisions of Art. 19 and 92 of the Constitution of Ukraine provides for the definition of the organization and activity of pre-trial investigation bodies exclusively by the laws of Ukraine, at the same time, the key regulator of the activity of investigation units in the system of the National Police of Ukraine is a subordinate legal act, and the Law of Ukraine “On the National Police” does not separately define the issue of the organization and activity of units inquiry of the NP of Ukraine. Attention was drawn to the inconsistency of the norms of the Code of Criminal Procedure, which fix the powers of inquirers in terms of the possibility of conducting investigative (search) actions, in particular, clause 3, part 2 of Article 401 of the Criminal Procedure Code of Ukraine records the powers of the investigator to conduct or entrust their conduct to other subjects, while certain articles of the Criminal Procedure Code of Ukraine do not directly provide for the right of the investigator to apply for the conduct of, for example, a search, because in Part 3 of Art. 234 of the Criminal Procedure Code of Ukraine, the inquirer is not mentioned as a subject who can apply to the investigating judge with a corresponding request (as an investigator or prosecutor). It was established that in practice this leads to an ambiguous position of investigative judges in granting such requests. It was concluded that the legal regulation of the activities of entities authorized to carry out inquiries currently requires improvement, primarily by making changes to the legislative acts that determine the procedural status of the specified persons.

Asas Kepastian Hukum dalam Aturan Sanksi Pelanggaran Pencatatan Perkawinan Undang-Undang Hukum Keluarga Malaysia

This article discusses the rules of sanctions against marriage registration violations in Malaysia. Unregistered marriages often negate the rights that must be fulfilled for both spouses and children. The imposition of sanctions for those who fail to register their marriages is oriented towards the highly essential welfare to establish legal certainty for Malaysian citizens who enter into marriage. This writing focuses on the violation rules of marriage registration under Article 125 of the Federal Territories Act 303 of Malaysia. This research employs a normative juridical approach with legislative and conceptual approaches using Gustav Radbruch's legal certainty theory. The results of this study indicate that the rules of sanctions for marriage registration violations in Malaysia are highly important and relevant in the application of the principle of legal certainty to protect the rights of citizens who enter into marriage. Â Â

ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) POLICY: The Principle of Legal Certainty in a Rule of Law

: One of the governments of Indonesia's objectives for renewal and transformation is the implementation of Electronic Traffic Law Enforcement (ETLE), which would improve the public service system for traffic crimes. The existence of ETLE in Indonesia is badly required for a variety of reasons related to the myriad problems that develop when law enforcement addresses traffic infractions. Since not all Indonesians have mastered technology, it cannot be stated that e-tickets are successful, yet the deployment of ETLE is a workable alternative for imposing sanctions for traffic rule violators. To capture traffic offenses on the road, an ETLE device instantly links to the police department's Command Center. This study's objective is to ascertain how the ETLE policy is being carried out from a law enforcement standpoint. This essay aims to evaluate the ETLE policy's execution in terms of legal certainty and its applicability to Indonesia's legal system. A statutory approach and a normative legal technique are both used in this study

Legal Aspects in Handling Criminal Acts in the 2019 Election

This research meticulously examines the legal framework and the procedures involved in addressing election crimes in Indonesia, as outlined in Law No. 7 of 2017, and evaluates the effectiveness of Sentra Gakkumdu, a pivotal coordination forum in the electoral crime enforcement process. The primary objective is to dissect and analyze the legal intricacies and practical challenges in enforcing laws against election crimes, with a spotlight on the ambiguities and potential conflicts within the current system. Through normative legal research methodology, the study delves into the statutory regulations and engages with various primary, secondary, and tertiary legal materials to construct a comprehensive understanding of the election crime handling procedures. It highlights the absence of clear election crime definitions, identifies several weaknesses in Law No. 7 of 2017, and critiques the ambiguous role and limited effectiveness of Sentra Gakkumdu. The paper concludes by calling for significant improvements and clarifications in the existing legal frameworks to ensure fair, efficient, and effective handling of election crimes, thereby bolstering public confidence in the electoral process and upholding the principles of legal certainty and justice in the realm of Indonesian elections.

Discretionary Administrative Acts of Territorial Planning and Urban Development Zoning of Municipal Entities

The paper analyzes the legal regulation of the limits of public authority discretion in territorial planning and urban development zoning of municipal entities, defines the limits of judicial control over bills issued by the relevant authorities. Due to comparative legal method we determine that the common feature for Great Britain, Germany and Russia is rather a broad discretion of authorized bodies in doctrine and practice as for planning, which, however, does not exclude control over issued planning acts. In Russia the powers of the bodies regarding preparation and approval of the documents of territorial planning and urban zoning of municipal entities are of discretionary nature. When issuing such acts, the body exercises the freedom of discretion, resulting from the lack and impossibility to define all legal conditions to adopt planning acts. It is noted that the decisions of public authorities, which enact these documents are the variation of discretional planning acts. In comparison to the practice of the Supreme Court of Russia and the courts of general jurisdiction, the local governing body has a broader discretion in regards of the discussed issues. Discretionary nature of such acts does not exclude evaluation of the limits of body’s discretion. The paper concludes that the restrictions of the directorate of the body, while issuing acts of territorial planning and urban development zoning of municipal entities and the possibility of their judicial review are due to the requirements to ground the adopted act by the body, as well as the restrictions of the powers of the body that issued the act. In Russia, the mentioned requirements are partly formalized in the legislation, some of them became judicial practice. Generalized judicial practice demonstrates that acts of territorial planning and urban development zoning of municipal entities result from the requirement to justify the adopted city design and the pursuit of the public goal by the body issuing the act. Normal judicial control of such decisions includes evaluation of the act from the point of legality. In some disputes, courts build their arguments based on the principles of legal certainty, proportionality and trust defense.

Evaluasi Pemajakan Terhadap Penyelenggara Sistem Elektronik Transaksi Digital yang Berasal dari Luar Negeri

Cross-border trade brings new digital taxation issues in Indonesia. There are differences in the tax treatment for permanent establishments and non-permanent establishments for trading through the electronic sistem (PMSE) in Indonesia. This study aims to evaluate the implementation of taxation of foreign electronic sistem operators based on the "Four Maxims" principle. This study uses a case study approach and collects data from interview with tax authorities, the tax consultants from multinational company, and academics. The results of the study show that for Value Added Taxes, there is no need to look at the substance of Permanent Establishment since the current rule applies equally to all Value Added Tax collectors conducting trade through the Electronic Sistem. As for Income Taxes, only those identified as Permanent Establishment is taxable as Domestic Taxpayers. Therefore, for Value Added Taxes, the Principles of Equality and Convenience have been fulfilled, although the principles of legal certainty and efficiency in collections have yet to be fulfilled. As for Income Taxes, the results of this study show that all respondens agreed that the level playing field have yet to be reached, raising the needs for further discussion on OECD proposal of taxing both Permanent Establishment and Non Permanent Establishment.

Принцип правовой определенности в российской и армянской правовой системе (сравнительный анализ)

A comparative analysis of the place of the principle of legal certainty in the legal systems of the Russian Federation and the Republic of Armenia is carried out. It is concluded that in the Russian Federation the principle of legal certainty is a doctrinal principle that does not have direct normative consolidation, it is an element of the legal system, but not the system of law. In the Republic of Armenia, the principle of legal certainty is a principle-norm, enshrined at the constitutional level, and is an element of both the legal system and the system of law. At the same time, in the law enforcement practice of both states, the role of the principle under study is the same — the Constitutional Courts, arbitration courts and courts of general jurisdiction (and in Russia also justices of the peace) actively use the principle of legal certainty when motivating their judicial acts.

ПРО ЗАСТОСУВАННЯ СУДАМИ КАТЕГОРІЇ «ПУБЛІЧНИЙ ПОРЯДОК» ЩОДО РІШЕНЬ МІЖНАРОДНОГО КОМЕРЦІЙНОГО АРБІТРАЖУ

The article examines the negative tendency towards excessive interference of state courts of Ukraine in international commercial arbitration by cancelling and refusing to enforce arbitral awards on grounds that go beyond the principle of legal certainty as an element of the Rule of Law. It was concluded that the expansive interpretation of the category of public order, applied in some decisions of the Supreme Court, will prevent the normal functioning of international commercial arbitration as an alternative way of commercial disputes' resolution in Ukraine, which not only undermines the investment prospects of Ukraine's economy, but also destroys the possibility of classifying Ukraine as a legal systems of civilized countries of the world, creates ample opportunities for abuses in the process of contesting and recognizing in Ukraine decisions of international commercial arbitration. It is substantiated that a violation of public order as a basis for refusing to recognize and enforce international commercial arbitration awards in Ukraine can be qualified in the case of clear disregard for direct prohibitions established by the state regarding the protection of sovereignty, fundamental human rights and freedoms. One of the ways to solve these problems is to the establish a legal ban on the execution of an arbitral awards in favour of the occupying country and persons related with it. Types of violations of the arbitration procedure as grounds for contesting an international commercial arbitration award or refusing to enforce it are comprehensively regulated in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), and cannot be based on expansive interpretation by the court of the arbitration procedure from the point of view of compliance with the norms established by the Civil Procedure Code and the Economic Procedure Code of Ukraine.