Procedural Legal Relations Research Articles

КРИМІНАЛЬНІ ПРОЦЕСУАЛЬНІ ВІДНОСИНИ СЛІДЧОГО І ПРОКУРОРА: ПРОБЛЕМНІ ПИТАННЯ

The article reveals certain problematic issues of criminal procedural legal relations between the investigator and the prosecutor. The purpose of the article is to study the problematic issues of the legal relationship between the investigator and the prosecutor in the modern conditions of reforming the criminal justice bodies and updating the current Code of Criminal Procedure of Ukraine. The beginning and course of the legal relationship between the investigator and the prosecutor is established by the current Code of Criminal Procedure of Ukraine and this cannot but affect the nature of their legal relationship. According to the general rule, the legal relationship of the investigator with the prosecutor begins from the moment of entering information into the EDPR It is proven that the nature of the legal relationship between the investigator and the prosecutor is negatively affected by the fact that the investigator is not the central and main figure of the pre-trial investigation, although he is responsible for the comprehensiveness, completeness and objectivity of the investigation of the circumstances of the criminal proceedings. It is emphasized that the current Code of Criminal Procedure of Ukraine does not clearly regulate the procedural status of the investigator, significantly narrows his powers and limits his independence in making procedural decisions, which in practice often leads to the delay of the pre-trial investigation and negatively affects its effectiveness. It is indicated that the nature of the investigator’s legal relationship with the prosecutor is also influenced by the fact that the investigator and the prosecutor are the subjects of evidence in criminal proceedings, but the prosecutor is endowed with powerful procedural powers in relation to the investigator under the current Criminal Procedure Code of Ukraine. The prosecutor supervises the observance of laws during the pre-trial investigation in the form of procedural guidance of the pre-trial investigation.

Digitalization of civil procedural legal relations at the stage of initiation of civil proceedings

Digitalization of civil procedural legal relations at the stage of initiation of civil proceedings

Надання правової допомоги у цивільному процесі в сучасних умовах електронізації та діджиталізації цивільних процесуальних правовідносин

In the scientific article studying problems of legal aid in civil process. In the civil process of Ukraine, the courts consider a very large number of cases. These are cases of lawsuit proceedings, and injunctive and separate cases. In some cases, in civil proceedings in the above-mentioned types of proceedings, there may be an appellate and cassation review of the case. It is also possible to review the case in newly discovered and exceptional circumstances according to the rules provided for in Article 423 of the Civil Procedure Code of Ukraine. In such cases, citizens of Ukraine or foreigners can use a wide range of different options of legal aid. Reflecting on modern types of legal aid in the civil process of Ukraine, it is worth noting that their classification largely depends on the type of specific case, the type of proceedings, and the stage of the court's consideration of the case. There is also much that depends on the status of the side of the case or other participant in the case to whom it can be provided. It should be recognized that due to the significant electronicization of civil proceedings, this has a great impact on the modification of the types and forms of legal assistance that can be provided in the civil process of Ukraine by the relevant subjects in civil procedural legal relations. Having studied the problem of providing legal aid in civil proceedings at the actual stage of the development of civil procedural legislation and the practice of its implementation in the civil justice of Ukraine, it is worth emphasizing that the above-mentioned type of legal aid as of October 2022 is important, in demand and socially useful. The quality of such assistance depends significantly on the level of qualification of persons who have the right in accordance with the current legislation of Ukraine to providing it. In this regard, remains very important the question of the need for quality training highly qualified legal personnel when they obtaining higher education in the sphere of law bachelor's and master's levels at the Higher Education Institution of Ukraine. So, when obtaining such an education, it is important to study by the students educational components about practical skills in drafting various procedural documents in civil cases (for example, claims, appeals and cassational complaints etc). This, significantly helps students to be more prepared for practical work in the future, including providing various types of legal assistance (aid) in cases civil procedural legal relations.

Problems of the substantive characteristics of administrative procedural legal relations: issues of general procedural and constitutional legal theory

Problems of the substantive characteristics of administrative procedural legal relations: issues of general procedural and constitutional legal theory

Modern Technologies as Compensatory Means of Ensuring the Rights of Vulnerable Persons in Criminal Proceedings

This article presents theoretical and practical aspects of the use of modern technologies to promote the rights of persons with disabilities as participants in criminal proceedings. In this context, modern technologies are considered as means of compensatory nature. These technologies help persons with disabilities to become active participants in criminal procedural legal relations and independently exercise their rights and perform duties in the field of criminal proceedings. Through the use of modern technologies, persons with disabilities can level their position in relation to other participants in criminal proceedings who are active subjects of criminal procedural legal relations, and can independently exercise their rights and perform their duties. This is part of the compensatory approach that should be implemented in criminal proceedings in order to compensate persons with disabilities for the restrictions that they have due to circumstances beyond their control. The social vulnerability of individual members of society should be compensated by the state in the person of the legislator and further implemented by state bodies such as law enforcement officers. This is the essence of the compensatory approach. One can note the importance of this approach for observing human rights and building the rule of law and a welfare state in countries that view themselves as democratic. This is also important for improving the quality of international legal acts that introduce a standard for all States, members of the world community. In this connection, it is proposed to develop at the international level the direction of using the achievements of modern science and technology as means of compensatory nature, to equalize the legal status of persons with disabilities participating in criminal proceedings. As a general conclusion, a proposal is made to extend the compensatory approach not only to the field of criminal procedure, but also to the entire legal sphere, both in the norms of international law and national legislation.

Principles of administrative judiciary in Ukraine

Purpose: This article is devoted to scientific and theoretical research of modern system of principles for ad-ministrative procedural law in updated conditions of the Ukrainian state development, based on the needs of qualitative provision and realization of legal rights, freedoms and interests of natural and legal persons, in the sphere of public and legal relations. Main content: The author analyzed the administrative law regulations, and the doctrine of administrative proce-dural law as for determining nature and significance of the basic principles, which define the nature, structure, social orientation, and basic properties of legal regulation of this branch of law, and which on the other side create appropriate organizational and functional conditions for administrative procedural activities. Methodology: Materials and methods for research were based on the analysis of documentary sources. The basis is the dialectical method of cognition of the facts of social reality, on which the formal legal and compa-rative legal approaches are largely based. Conclusions: The principles of administrative procedural law can be divided into those that directly reflect the specifics and content of this branch of law, determine its features, purpose, objectives and intention, as well as administrative procedural principles, i.e., basic principles enshrined in administrative procedural law, which do not undergo significant changes, nor determine the nature and content of the activities of all subjects of administrative procedural legal relations.

Category of time limit in administrative procedural law

Administrative procedural law is full of numerous and varied procedural time limits which, as time-related categories, define the temporal boundaries of the administrative process and can act as an effective regulator of administrative procedural legal relations. The article examines the concept of time limit in administrative procedural law from the standpoint of integrativeness. It notes that the studied issue was not thoroughly elaborated in science, which appears to result from the young age of administrative procedural law as a separate branch. The research identifies substantial characteristics of the administrative procedural time limit. It reveals the temporal content of time limit in administrative procedural law. A conclusion is reached that the administrative procedural time limit results from the impact of temporal categories on the administrative procedural legal regulation when administrative cases are settled by a public administrative authority and a court. The administrative procedural time limit is recognised as a tool used for temporalizing the administrative process and aimed at ensuring the dynamism of administrative procedural activities through duration, speed, rhythm and cyclicity. The article identified the trend towards the legislative refinement of the administrative procedural time limits. In an integrative sense, the attributes inherent to the administrative procedural time limit reveal the versatility and rich inner content of the concept of time limit in administrative procedural law, which results from the legal synthesis of temporality and authoritative procedural activities of public administrative authorities and courts in settling administrative cases. The article proposed the definitions for the category of time limit in administrative procedural law both in a narrow and broad sense, as well as with an emphasis on the temporal side of the examined category.

Notarial procedural legal relations in the system of other legal relations: problems of correlation

The article is devoted to the study of notarial procedural legal relations in the system of other legal relations. The author aims to explore the range of relations that mediate notarial procedural legal relations, and to trace the relationship of these legal relations, their relationship with each other, in order to properly understand the legal nature of notarial procedural legal relations.
 According to the results of the research, when notaries perform notarial acts, a number of other than notarial procedural legal relations may arise, some of which look quite similar to notarial procedural legal relations and can sometimes be mistaken for the latter.
 It is concluded that notarial procedural legal relations cannot be understood as material and procedural at the same time. Notarial procedural legal relations are not complex (material and procedural) due to the fact that they seem to have in their content such a component as the notary's relationship with the client, which is directly related to the notarial act. There are no grounds to consider registration legal relations as notarial procedural. Registration legal relations are intertwined in notarial procedural ones, superimposed on each other. In fact, the same subjects take part in these legal relations as in the notarial process. However, despite this, we do not have two clear consecutive procedures (notarial procedural and registration), which follow one another, but two parallel procedures.
 The model provision on the procedure for providing state notaries of additional legal services that are not related to notarial acts, as well as technical services, approved by the order of the Ministry of Justice of Ukraine № 3/5 of 04.01.1998, does not correspond to the terminology of current legislation and must be brought into line with current legislation.
 Fiscal legal relations that arise when a notary performs a notarial act are not by their nature notarial procedural legal relations. These legal relations are independent, existing both along with notarial procedural and other notarial legal relations arising with the participation of a notary.

СПРАВА АДМІНІСТРАТИВНОЇ ЮРИСДИКЦІЇ: ТЕОРЕТИЧНІ АСПЕКТИ РОЗГЛЯДУ ПРАВОВИХ СПОРІВ, ЩО ВИНИКАЮТЬ ІЗ ПУБЛІЧНО-ПРАВОВИХ ВІДНОСИН

The author determined that the conflict of interests is that in substantive or procedural legal relations, according to the non-governmental entity, violates his subjective public interest in the implementation of subjective public (eg, the right to vote, civil service) or private law (for example, the right to land), the satisfaction of public (for example, the desire to use the road surface in excellent condition) or private interest (for example, the desire to become a lawyer). It is determined that the administrative court, resolving the dispute between the parties, promotes the settlement of incompatible or conflicting interests of the parties, protection of the subjective public interest of the non-governmental entity, its both public and private subjective rights. At the same time, the court also contributes to the protection of the procedure for the exercise by the subject of its public authority, which ensures the legality and protection of public order. It is noted that a person uses subjective public law to satisfy his personal (for example, registration of land rights) or public interests, needs (for example, the use of space for a rally). It is noted that the direct subject of protection in the administrative court is the subjective public right of a person to apply to public administration bodies, if the realization of another subjective right of a person (public or private) is impossible without interaction with the subject of power, which is obliged promote such implementation. A public law dispute covers only disputes about public law, ie about the protection of only subjective public law. Whereas, a dispute arising from a public-law relationship is caused by a violation of subjective public law and provides for the protection of the rights and interests of the individual, regardless of their legal nature (both private and public). The subject of jurisdiction of administrative courts is not all disputes arising from public law relations. The distinction between disputes to be considered in different types of proceedings should take place at the legislative level, taking into account the reasoned positions of leading scholars on the removal from a code of those provisions that prevent the precise determination of the jurisdiction of the court.

Prerequisites for the Emergence of Procedural Legal Relations on the Recognition of Inheritance as Fictitious

The purpose of the article is to study the prerequisites for the emergence of civil procedural legal relations in cases of recognition of heritage as fictitious and to develop recommendations for improving their legal regulation. For the emergence of procedural legal relations regarding the acquisition by property of the status of a fancy inheritance, along with the subject of the right to appeal to the court, it is necessary to have a number of legal facts, in particular: the discovery of the inheritance, the presence of the inheritance and the absence of the fact of its inheritance. The imperfection of the current procedure for determining the moment of discovery of inheritance, which coincides with the day of the onset of the corresponding event (primarily death) is justified. It has been established that in some cases not only the day of the death of the person, but also the hour and minute of such an event is important. In hereditary cases, the accuracy of determining the hour and minute of death primarily depends on the amount of hereditary property, which can ultimately be recognized as fictitious. It is proposed to amend the Civil Code of Ukraine on the possibility of calculating terms in civil legal relations by hours and minutes. It has been established that the presence of inheritance is another prerequisite for the emergence of procedural legal relations regarding the recognition of it as fictitious. Particular attention is paid to the study of individual rights and obligations, as well as the question of which of them may be part of the inheritance. Attention is focused on the imperfection of the legal regulation of this issue. First of all, this applies to the rights to firearms, medicines, animals, genetic materials of the testator and embryos subjected to cryoprotection, rights from transactions whose subject matter is astronomical objects, etc. The conclusion is based on the idea that if the privatization of housing is underperformed during the life of the testator, if there are conditions for recognition of the inheritance as fictitious, such completion of such privatization is not carried out, since the indicated property is usually already in communal ownership. Proposals have been developed to take measures to identify heirs, it is recommended to make greater use of the possibilities of various registries (in particular, the Unified State Demographic Register). It is recommended that local governments and other applicants in cases of recognition of inheritance as a fictitious right to receive free of charge from the Unified State Demographic Register the information necessary to establish and search for heirs.

Municipal Procedural Relations and Their Types

The paper examines the content of municipal procedural relations, highlights their derivation from municipal substantive legal relations. Substantive and procedural norms in municipal law and their distinctive objectives and features of practice of their application constitute the basis for the separation of municipal procedural relations from the system of municipal legal relations. Municipal procedural legal relations arise when their participants carry out actions aimed at ensuring their powers to resolve issues of local importance. The author shows the difference between substantive and procedural legal relations according to their object and grounds of occurrence and distinguishes them according to such criteria as participants and their objective. Based on the first criterion, six types of municipal procedural relations are distinguished, according to the objective criterion, four blocks of municipal procedural relations are distinguished. Taking into account that in recent years a federal legislator has entrusted more than one and a half thousand substantive powers to local self-government bodies, the author concludes that it is necessary to intensify their law-making activities in order to develop and adopt municipal procedural acts.

Administrative-Procedural Form and Stages as Elements of the Characteristics of the Administrative Process

The subject of research in this paper is the administrative-procedural form and stages of the administrative process. The purpose of the study is to analyze the essential characteristics of the administrative-procedural form and stages. It is stated that the evolution of the administrative process and administrative-procedural legal relations entailed changes in the administrative-procedural form, which were influenced by changes in the political system and the system of public administration in the Russian Federation. It is concluded that the improvement of the administrative process and its form ensures compliance with both the interests of the state and society, as well as the rights and legitimate interests of citizens. Attention is drawn to the fact that one of the characteristic features of administrative-procedural legal relations that distinguish it from other types of procedural legal relations – arbitration, civil, criminal, constitutional, is the administrative-procedural form, which is characterized by out-of-court, pre-trial and judicial procedures of proceedings in an administrative case, due to the specifics and features of its subject. The author notes that the administrative-procedural form is an external expression of administrative-procedural activity, and the stages are its internal content. At the same time, the stages of the administrative process are separate, but interrelated stages consisting of administrative procedural actions united by common tasks and intermediate and final administrative procedural decisions, procedural deadlines. Attention is drawn to a certain specificity of the stages of the administrative process, which consists in the fact that they cannot be clearly divided into judicial and pre-trial stages, as it is in the criminal process. The system of stages of the administrative process should be the same for all types of administrative proceedings, since this follows from the principle of self-similarity, when the particular comes from the general and corresponds to it. To determine the place of administrative judicial procedure in the administrative process, it is necessary to understand that the court, as a subject of administrative procedural legal relations, can enter into the process at different stages, and it is not the only subject of administrative procedural relations that makes legally significant procedural decisions. The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.

РЕЦЕНЗИЯ НА КНИГУ Е.А. ИВАНОВОЙ «СОГЛАШЕНИЯ В СФЕРЕ ГРАЖДАНСКОЙ ЮРИСДИКЦИИ: ПРОЦЕССУАЛЬНО-ПРАВОВОЙ АСПЕКТ»

The review presents the book by E.A. Ivanova “Agreements in the Field of Civil Jurisdiction: Procedural and Legal Aspect”. According to the reviewer, in modern conditions there is a tendency towards strengthening of private law principles and the development of dispositiveness in the context of civil procedural law, which is associated, in particular, with the implementation of the ideas of economic freedom and market economy within the framework of civil circulation and the transformation of legal institutions of substantive branches of law. Proceeding from this, there is a need for new doctrinal, lawmaking and law enforcement approaches on the issue of empowering legal participants in the independent choice of forms and methods of protecting violated rights, as well as in order to influence the dynamics of procedural legal relations. This is possible through the use in legislation of the full potential of procedural agreements, the theoretical development of which was carried out in the book under review, meaningfully revealing the key aspects of the indicated problem.

Защита и представление прокуратурой Российской Федерации прав и законных интересов участников гражданского оборота

The article is an intersectoral study, the subject of which is the norms of Russian law, legal doctrine and prosecutor's practice in the field of protection of the rights and legitimate interests of participants in civillaw transactions. The methodological basis of the research is based on the provisions of both the general theory of law, civil law, and the human rights scientific direction. Dialectical, formal-logical, historical, comparative-legal, technical-legal, system-structural, statistical methods with methods of analysis, synthesis and description were used as research methods. The article pays due attention to the legal category public interest as a backbone structure that determines the organization of supervisory activities and the degree of prosecutorial participation in the protection of the violated right. In accordance with this construction, the author's classification of subjects of civil-law transactions is proposed due to the amount of prosecutorial powers in relation to each group of participants. Analyzing the use of the human rights potential of the prosecutor's office in civil and procedural legal relations, the authors argue that, by its legal nature, supervisory activity is universal in nature and today it is the most effective means of protecting the rights of participants in civil-law transactions.

Some Aspects of Administrative Procedural Legal Relations in German Administrative Proceedings

This article analyzes the peculiarities of legal relations arising between the administrative court and participants of administrative procedure in Germany is the judicial practice of administrative courts as an example of the development of legal proceedings, necessary to achieve the goal of controlling society improve its living conditions; and to consider drawing on the experience of building a legal relationship between the administration and the citizen of Germany in violation of his rights by the government.

Persons participating in notarial proceedings

The article is devoted to the characteristics of the second group of subjects of notarial procedural legal relations, which includes persons involved in notarial proceedings, their concept and composition. The signs (features) of the persons participating in notarial proceedings are formulated. Such features are: 1) the presence of a legal interest in notarial proceedings; 2) implementation of procedural actions aimed at the emergence, development and termi-nation of notarial proceedings; 3) such persons should be recognized as subjects of proving the facts that need to be established in the notarial process. The debatable issue in legal science on the structure, range and name of indi-vidual subjects of notarial procedural legal relations within the circle of persons involved in notarial proceedings is analyzed. The position is expressed and substantiated that the basis of construction of the structure of the specified subjects of notarial process, can be the corresponding doctrine about participants of civil procedural legal relations in the theory of civil process. However, the notarial process requires the formation of its conceptual apparatus. In this regard, the author proposes to call the parties or participants in the substantive legal relationship (participants in the notarial process) as parties to the notarial proceedings, within which to distinguish between applicants, ie persons who apply to a notary and whose application is notarized, and persons involved , as persons who have a material and legal interest in the case, are involved in notarial proceedings in order to protect or defend their rights and interests.It is concluded that the parties in the notarial process are such subjects of notarial procedural legal relations, which act in the notarial process in their own interests and based on their legal status: participate in the creation of a substantive legal relationship, which is submitted to a notary or relevant legal fact (1); are persons whose material rights and obligations arise from a legal fact certified by a notary (2); are persons-participants of a substantive legal relationship in which a notary certifies the relevant substantive law (3).

Human dignity as an object of protection in criminal procedural legal relations

The paper explores the key approaches to understanding the category of “human dignity” at the level of theo-retical sources and practice of law enforcement. The positions of the European Court of Human Rights (hereinafter referred to as the ECHR) are analyzed. It is stated that the criteria for distinguishing between different forms of humiliation of human dignity (torture and the behavior that is cruel, but still does not reach the level of torture) are (a) the purpose for which the corresponding actions are performed and (b) the degree of cruelty of the perpetrator(s) and the degree the suffering of the victim. It is established that, in assessing the severity of a victim’s suffering and the severity of their treatment in terms of whether such treatment has reached the level of torture, the ECHR always takes into account the individual characteristics of the case. It is demonstrated that an attitude (actions, orders, conditions of detention, etc.) aimed precisely at the humiliation of human dignity is an independent form of miscon-duct that violates Art. 3 of the Convention and Art. 11 of the CPC. It is proved that such situations do not involve the use of physical violence against a person, which would cause their physiological discomfort, as otherwise it would already qualify as inhuman treatment or torture depending on the intensity of the violence and the degree of suffering. At the same time, it is said about the attitude (actions, orders, conditions of continuation) that causes the victim to feel fear, anxiety and inferiority, which can offend and humiliate (it is enough if the victim is humiliated in their own eyes). It should also be borne in mind that even the absence of the purpose of victim’s humiliation in such a situation does not in itself exclude violations of Art. 3 of the Convention. It is substantiated that although the humiliation of dignity may be an independent form of violation of Art. 3 of the Convention and Art. 11 of the CPC, but the humiliation of inseparably accompanies other forms of violation of Art. 3 of the Convention and Art. 11 of the CPC – such as torture and other cruel or inhuman treatment or punishment or the use of threats of such treatment.

Correlation of civil legal principles and civil procedural in Ukrainian legislation

Civil legal and civil-procedural legal relations are one of the most significant categories in the science of civil and civil-procedural law, the relationship of which is not fully studied in science, so it is necessary to reveal the essence of their correlation and find differences between them. In the legal doctrine, there is a small number of works that would reveal the content of the relationship of such legal relations, the algorithm and criteria for their comparison are not fully developed, the scientific approaches to the separation of the criterion of their comparison are not revealed. In this regard, it is necessary to fulfil the doctrinal study of civil legal and civil procedural legal relations, both separately and jointly, using a particular criterion. The following methods were used in the study of the relationship between civil legal and civil-procedural legal relations: formal-legal, generalization, method of analysis of normative documents, articles and monographs, comparative legal method. As a result of the research, the connections between such categories as civil legal relations and civil procedural legal relations were clarified, and the criteria for their comparison were singled out.

LEGAL UNCERTAINTY IN PROCEDURAL LEGAL RELATIONS REGULATION MECHANISM AND LEGAL INSTRUMENTS OF ITS ELIMINATION

Legal certainty is one of the crucial law characteristics. However, legal uncertainty has both downsides and upsides thus they must be considered to be its common quality, its particular feature. Despite quite an advanced procedural legal relations regulation level due to form of action requirements, the presence of uncertain generally evaluative notions and categories in provisions of branches of procedure law is determined by the multiplicity of such legal relations. The subject of the study carried out by the author deals with specific ways of legal uncertainty manifestation in procedural legal relations regulation while justice in civil(commercial, administrative) cases is administered; the author also pays attention to identifying characteristics of specific legal instruments application in order to overcome(eliminate) such uncertainties within legal relations regulation mechanism. An application of provisions and principles, unconventional(non-traditional, innovative) sources of procedural law(law doctrine, judicial precedent), interpretations and concrete definitions, structures of presumption and legal fiction, statutory analogy and legal analogy has been suggested to be attributed to legal instruments aiming at elimination of uncertainties within legal relations regulation mechanism. The author argues that turning legal uncertainty into certainty in the area of procedural law should be carried out at the discretion of a law-enforcer when it comes to application of specific provisions, categories and structures within actual reality, social development dynamics and improvements in rights and responsibilities of participants in legal relations.

Legal regulation of the institution of the partiesfrom the standpoint of the principle of balance of civil procedural legal relations

The modern science of civil procedural law is experiencing a new stage of understanding the institution of the parties, which is associated with the study of the principle of balance of civil procedural law. The basis of non-priority participation in the process of the plaintiff and the defendant determines the legislative regulation of the institution of the parties. This rule should be considered as one of the manifestations of a fair trial, as it is a manifestation of the balance of interests of the parties during the proceedings. In the spirit of this principle, it is proposed to improve the procedures for involving accomplices and replacing an improper party in civil proceedings. The principle of the balance of civil procedural legal relations is, first, that the amount of legal interest of the subject of the process is directly proportional to the scope of his procedural rights. Thus, the purpose of civil process - restoration of the broken right is reached. Meanwhile, the legislator does not always manage to comply with the relevant legal regulations. In particular, the rules relating to the institution of procedural complicity and replacement of the improper party. The mistake of the legislative regulation of this mechanism is, in our opinion, a misunderstanding of the principle of equality of arms: the court cannot involve the co-plaintiff, and therefore cannot involve the co-defendant. The different nature of the institutions of the plaintiff and the defendant does not allow the same approach to legal regulation. This inequality is compensated by other principles, rules and institutions of civil procedural law. But the starting point is that at the beginning of the case the plaintiff attacks, initiates the process, and the defendant is involved in the process. Keywords: civil process, parties of civil process, principle of balance, legal anthropology, procedural complicity, replacement of improper party.