Types Of Proceedings Research Articles

De-formalization and electronicization of civil proceedings and procedural guarantees of its subjects

Modern civil procedure should, as an example, fully ensure the right to a court for its participants and, at the same time, guarantee obtaining a just and lawful judgment within reasonable time in public proceedings before an impartial and independent court in an effective manner. Not in every case is the overriding goal of obtaining legal protection in the form of a just and lawful judgment easy to achieve. Often, obtaining delayed protection destroys its effectiveness. An unenforceable court judgment becomes merely a "paper" one. A natural obstacle in civil proceedings, which often prevents immediate provision of legal protection to entities seeking it, is the applicable principle of formalism, expressed as a rule in the obligation to comply with the requirements regarding the form, place and time when undertaking activities, failure to comply with which may result in procedural sanctions in a given civil proceeding. The regulations introducing the principle in question are absolute in nature, they are not subject to waiver or modification. The remedy for the stiffening of civil proceedings with the "straitjacket of formalism" is its simplification (de-formalization), either by introducing new types of proceedings, shaped by special regulations differently from the regulations defining the general model of proceedings, or by introducing individual procedural institutions, the use of which in the proceedings will allow for a simpler and at the same time faster search for protection of subjective rights.

Incorrect interpretation of the law by the court

The subject of this study is the main trends that have developed in judicial practice related to the assessment of the correctness of the interpretation of the norms of law by the court. The purpose of the study was to identify the main approaches used by law enforcement agencies, primarily courts, in assessing the possible existence of an error in the interpretation of the applied law by a lower court.General scientific and special methods of scientific cognition were used in the research. Among them are analysis, synthesis, deduction, induction, the systematic method, the hermeneutical method and the legal-dogmatic approach. In particular, published court decisions were analyzed, scientific literature and current legislation were studied, after which conclusions were drawn about the state of law enforcement practice and the prevailing trends when considering by higher courts the issue of a possible error in the interpretation of the law committed by a lower court.The main content of the article is the results of the analysis of judicial practice, the purpose of which was to identify the main trends in judicial practice related to the assessment of the correctness of the interpretation of the norms of law by the court. The practice of applying the provisions of the procedural codes of the Russian Federation, providing for the consequences of a misinterpretation of the provisions of normative acts by the court, is considered. As a result of the conducted research, the main problems that courts face when assessing the correctness of the interpretation given by their colleagues from the lower court were identified. During the analysis, special attention was paid to such aspects as the causes of erroneous interpretation, ways to detect and eliminate the identified error, and the consequences of making an error.Based on the results obtained, conclusions were formulated, among which it is worth noting that judicial errors in the interpretation of normative acts are quite common. At the same time, procedural legislation regulates such situations in different ways in different types of legal proceedings. Having discovered a judicial error in interpretation, the higher court most often does not indicate specific norms that have been misinterpreted, but offers its own solution to the dispute. The errors of the courts in the qualification of those mistakes made by the lower courts were also noted.

Медицинская помощь в аксио-телеологической интерпретации (по материалам практики конституционного правосудия)

The article analyzes the relationship between applied medical care and constitutional and legal guarantees of its provision, as well as the role of different types of legal proceedings in ensuring the right to medical care. The authors focus on axio-teleological interpretation as the main method of constitutional justice. Specific examples of the axioteleological interpretation of medical care in relation to other constitutional values are given. As a result, conclusions were drawn confirming that the axio-teleological interpretation of medical care allows one to actually literally evaluate the constitutionality/unconstitutionality of a controversial legal provision in the medical field, as well as the practice based on it.

Trends in the combination of individual and collegial in domestic criminal and civil, arbitration, administrative proceedings

All types of modern litigation are characterized by a combination of individual and collegial principles. The commonality of the concept of justice determines the conceptual universality of most institutions of criminal, arbitration, civil and administrative proceedings. It follows from this that the criteria and principles for determining the ratio of collegial and individual are or should be approximately the same in all types of processes. Recent years have been marked by an active reform of the rules on the composition of the court in these types of justice, but the novelties are not always uniform or at least coordinated. The author attempts to identify the patterns of formation of the sole or collegial composition of the court within certain types of legal proceedings and justice in general. The tendencies of modern procedural law in determining the ratio of individual and collegial in the courts of the first, appellate and cassation instances are analyzed separately.

Современные тенденции определения подведомственности споров

Since 2018, the term jurisdiction cannot be applied to civil proceedings as the legislator found it outdated after the single Supreme Court had been introduced. In fact, this term has never been mentioned in the Constitution of the Russian Federation. However, the phenomenon designated by the term cannot be removed from the doctrine and judicial practice for the following reasons. First, the rules of jurisdiction distribute cases between judicial and non-judicial bodies. Second, they make it possible to identify cases of a non-legal nature that cannot claim state protection. The law of 2018 had some positive consequences. Now, the refusal procedure is less complicated. Non-judicial cases can be easily transferred under proper jurisdiction where they will be considered according to a different type of legal proceedings. As for the negative consequences, it seems that the legislator interpreted jurisdiction only as the distribution of cases between different courts and substituted the term subject matter jurisdiction with court jurisdiction. The author criticizes this narrow approach and highlights two urgent issues: 1) not every case has to go to court; 2) digital technologies are important in legal proceedings. These trends can optimize judicial competence, as well as create new rules of court jurisdiction without violating the constitutional right to judicial protection. The article describes the rules of jurisdiction and their improvement, as well as determines the place of jurisdiction among other procedural institutions and introduces some ways to reform the subordination of civil cases to courts of civil jurisdiction. Jurisdiction has an intersectoral nature and is a way of distributing cases between judicial and non-judicial bodies. A combination of standard scientific methods with the formal-legal analysis made it possible to identify the following development directions. 1) Non-judicial cases need proper criteria. 2) New information technologies should enter the judicial system to update the court procedure, e.g., minor cases could be reviewed in court exclusively as an electronic procedure.

Information technologies in judicial process: opportunities of artificial intelligence in evidence system

The study is devoted to ambiguous issues of using artificial intelligence (AI) in judicial process. The purpose of the study is to present foreign experience of using information technologies in court proceedings based on the example of the most controversial and debated ideas concerning resources of artificial intelligence in the system of evidence. Special attention is paid to successful mechanisms of using AI in foreign judicial practice at the stage of evidence assessment. The study presents several decisions of foreign courts, formed with the help of AI. The findings allow to express opinion about admissibility of evidence evaluated by AI. The study employs methods of general scientific cognition and special methods including comparative legal. The dialectical method allows to investigate genesis and progressive development of judicial process technologization. The methods of analysis and synthesis, induction and deduction contribute to highlighting disadvantages of predictive coding at the proving stage and advantages of electronic research of evidence, options for simultaneous disclosure of evidence using different methods on the example of specific court decisions. The comparative legal method helps to identify best practices of using artificial intelligence in the system of evidence in foreign countries. The study not only describes the tools of predicting justice in European judicial practice, but also examines the problems of Chinese "instrumental justice" that can arise in any country. Conclusion justifies predictive coding as a tool of predictive justice, provided that general rules for information disclosure are developed and specifics of machine learning for a particular case are considered. It is noted that artificial intelligence has not yet become the predominant method in any types of legal proceedings. This may be explained by insufficient confidence in it across legal communities and time needed to form a successful history of its use for solving legally significant tasks in various spheres of human life.

Accessibility of Justice in the Context of Its Digitalization

The article discusses certain aspects of the implementation of the principle of accessibility of justice in the context of the widespread introduction of informatization and digitalization. Based on the study of the legislative framework, the doctrine of procedural law, the law enforcement activities of the Constitutional Court of the Russian Federation and the European Court of Human Rights, the author problem of the impact of digitalization on ensuring accessibility of justice and the right to judicial protection is being investigated. The problems of using information technologies in the course of the administration of justice are highlighted, as well as the issues arising in connection with their use by the parties and the court. The debatable aspects of the use of information technologies in the framework of certain types of legal proceedings are touched upon, in particular, in the context of the practical implementation of the adopted procedural novels, ensuring the equality of participants in legal proceedings, and resorting to simplified procedures for considering and resolving cases. It is noted that the use of digital technologies solely for the purpose of procedural economy and solving organizational issues of courts is unacceptable, as well as their mandatory implementation if it does not ensure the equality of participants in legal proceedings, the real effect of the constitutional right to judicial protection, and also goes against the principle of access to justice. In the context of limited legal regulation, the material and technical base of domestic courts, the author comes to the conclusion that it is necessary to preserve the traditional form of administration of justice, paperwork, as well as a deep and comprehensive analysis of the use of implemented technologies through the prism of accessibility of justice and the expansion of normative and real guarantees for the exercise of procedural rights.

Сравнительно-правовой анализ защиты экологических прав граждан судами общей юрисдикции в Российской Федерации и Республике Беларусь

The purpose of the article is to conduct a comparative legal analysis of the protection of environmental rights of citizens in the Russian Federation and the Republic of Belarus. The author identifies problems associated with the process of proof in courts of general jurisdiction, establishing a cause-and-effect relationship between environmental offenses committed and the resulting consequences, adverse effects on the health of citizens in the event of unlawful conduct of business activities. The study conducts research into the legislation of the Russian Federation and the Republic of Belarus, and also examines materials from the judicial practice of these states. The procedure and mechanism for protecting the rights of Russian citizens in the field of ecology involves reference not only to the norms of substantive but also procedural law, judicial statistics of cases considered, as well as the peculiarities of case materials received daily by courts of general jurisdiction. Depending on the type of legal proceedings (civil, arbitration, administrative, criminal), it is possible to differentiate current problems related to the protection of the rights of citizens in the Russian Federation and the Republic of Belarus.

Formsand Types of the Use of Specialized Knowledge in Russian Legal Proceedings: Current State and Prospects

The work of knowledgeable persons involved in legal proceedings by officials conducting legal proceedings is of primary significance. The work of knowledgeable persons is inter-procedural in nature. The use of specialized knowledge is characterized by a special form. The paper presents the opinions of researchers and the author concerning classification of forms and types of the use of specialized knowledge in Russian legal proceedings. The author concludes that classifications are important for the development of academic thought and practice in relation to different types of legal proceedings. The majority of researchers are in favor of distinguishing two forms of using specialized knowledge — procedural and non-procedural forms. Forensic examination is one of the main and common types within the procedural form. In addition, the author focuses on participation of a specialist in production of procedural (including investigative) and judicial actions, consulting an expert and other procedure participant. The types of the use of specialized knowledge within the framework of the nonprocedural form in terms of content, to a certain extent, are compatible with the types identified within the framework of the procedural form. Specific types can also be identified, e.g., medical forensic examination (expertise), revisions, audits, etc. Alternative expertise takes a special place among the types of the use of specialized knowledge in the nonprocedural form. Its normative regulation has not developed, and the use of its results in legal proceedings as evidence is still in question. At the same time, many types within the framework of the procedural form are normatively regulated. However, the shortcomings of normative regulation as well as not fully developed methodological aspects prevent the use of the results of these types of forensic examination (expertise) in legal proceedings. In relation to some types within the framework of the non-procedural form, the results of which are now actively used in legal proceedings, there is neither normative regulation nor theoretical justification based on a unified approach. In this regard, it is especially important to unify not only the forms of using specialized knowledge, but also the types, based on a general theoretical expert approach, as well as ways to use their results in legal proceedings.

Analysis of the model of regulation of cross-border insolvency under German law

The article is devoted to the analysis of the model of regulation of cross-border insolvency under German law. The purpose of the article is the scientific understanding and identification of the characteristic features of the model of regulation of cross-border insolvency under German law.
 The presence of dualism in the legal regulation of the cross-border insolvency procedure under German law for EU member states and non-EU member states has been ascertained.
 It is argued that there are five types of proceedings in the cross-border insolvency procedure under the provisions of the German insolvency Statute 1) main proceedings; 2) secondary proceedings; 3) domestic secondary proceedings; 4) foreign proceedings; 5) territorial proceedings), as well as the absence of a legally established definition of these concepts.
 The absence of the concept of the debtor’s COMI was found in the provisions of the German insolvency Statute, even despite the fact that such a concept exists in the regulatory act itself, such concept does not fall under the classical understanding of cross-border insolvency, because it concerns the insolvency of a group of companies. The similarity of the provisions of the German insolvency Statute regarding the regulation of cross-border insolvency with the provisions of the predecessor acts of the 19th century regarding the same issue, as well as the exploitation of even similar terminology in relation to territorial proceedings, is proven. The almost complete impossibility of universalism in accordance to the provisions of the German insolvency Statute on cross-border insolvency has been proven, despite the presence, at first glance, of an environment favorable to the implementation of the mentioned theory.
 It is substantiated that the modern procedure of cross-border insolvency in Germany for third countries that are not members of the EU embodies the theory of territorialism. It has been proven that the existing territorial ideology of cross-border insolvency in modern Germany can be traced back to the existence of the Konkursordnung of 1877.
 By virtue of improving the legislation of Ukraine on bankruptcy, it is proposed to add a new Book to the Bankruptcy Code of Ukraine, which would contain the regulation of the cross-border insolvency procedure.

Administrative justice in Ukraine: basic principles and peculiarities of implementation in Ukraine under martial law

The author defines the essence and features of administrative justice as a legal institution. Emphasizes the importance of administrative proceedings in Ukraine and its distinction from other types of proceedings. It is emphasized that the main value in the activity of judges in Ukraine is the person, because the most important thing is that everyone can exercise their constitutional right to an independent and fair court to protect basic rights, freedoms and interests. Courts of administrative jurisdiction are bodies that are called to ensure the protection of human rights in interaction with the state, as well as to control the legality of the exercise of the powers granted to them by state authorities and officials. In the author’s opinion, a court that makes high- quality decisions within a reasonable time, which are implemented, is effective. Under these conditions, we can talk about the reality of the protection of human rights and freedoms in the state, and therefore it is through the implementation of decisions that we can assess their quality.
 Despite the war with Russia, the difficult economic and energy situation, Ukraine still took several qualitatively new steps that will help people better protect their rights in public and legal relations and are aimed at the effectiveness of administrative justice as a whole.

China's marine environmental public interest litigation: current situation, challenges, and improvement approach –analysis based on 339 cases

Marine pollution and ecological damage seriously undermine economic and social development and human life and health and threaten the sustainable development of human society. With the rapid development of industrialization and urbanization and the intense exploitation of marine space and marine natural resources, China’s marine ecology is facing serious problems such as pollution of marine waters, the decline of marine plant and animal resources, and the impairment of the ecological function of coastal zones. China’s marine environmental public interest litigation (MEPIL) has achieved remarkable results in protecting marine natural resources, safeguarding the marine ecosystem, and preventing marine pollution and ecological damage. The paper closely combines the judicial practice of Chinese MEPIL, exploring 339 legal cases brought by administrative organs, public prosecutors, and non-governmental organizations (NGOs) presented on the China Judgment Online from 2018 to 2023. It can be concluded that three modes of MEPIL, namely civil, administrative, and civil public interest litigation incidental to criminal proceedings, have been constructed. Attempts have been made to confirm the standing of the litigation, improve the pre-litigation procedure, and clarify the types of compensation. However, significant obstacles exist in China’s MEPIL. Theoretical clarifications and practical distinctions with other types of proceedings should be made. The current standing should be improved regarding procuratorial organs, administrative authorities, and social organizations. Court jurisdiction systems need to be enhanced. Inconsistencies in the legal provisions on whether MEPIL cases must be under the exclusive jurisdiction of the maritime courts have impeded the efficiency of the handling of cases. The corresponding solutions to the aforementioned obstacles are also analyzed. Clarifying the MEPIL’s nature and improving the relevant laws, and regulations, are essential measures. In addition, providing the explicit interpretation of the legal provisions, expanding the standing, and improving the jurisdictional and other legal system should be explored.

Fundamentals of Forensic Tactics in the Commission of Expertise for Extremism Cases in Proceedings on Administrative Offenses

In the article the authors integrate the provisions of forensic tactics into the proceedings on cases of administrative offenses. Despite the classical understanding of the subject of criminology, which is intended only for the needs of criminal proceedings, the authors believe that the provisions of criminology are applicable to other types of proceedings. As an example, the authors integrated the provisions of forensic tactics in relation to the commission of expertise for extremism cases in the proceedings on administrative offenses. Based on the analysis of the Code of Administrative Offences of the Russian Federation, legislation on forensic expertise, current judicial practice and the provisions of the science of forensic expertise, a specific algorithm of actions is proposed for the court, state authorities and officials in need of special knowledge in the administration of justice. The algorithm of actions proposed by the authors is a consistent manual that allows to organize the work of the law enforcement officer and avoid procedural errors in the commission and performance of expertise.

FOLLOWING THE SCIENTIFIC FOOTPRINTS (GLORIOUS PAGES OF THE LIFE PATH) OF THE OUTSTANDING CRIMINOLOGIST AND FORENSIC EXPERT, ACADEMICIAN MYKHAILO YA. SEHAI

Mykhailo Ya. Sehai was born on March 31, 1923. He fought in World War II against fascist aggression and was awarded orders and many medals. After demobilization, he worked for many years at the Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice of Ukraine, including 20 years as Deputy Director for Research. He went from junior researcher to acting director of the institute. He practised as a forensic expert and conducted scientific research. After retiring, he worked at the Kyiv Regional Center of the National Academy of Legal Sciences of Ukraine. He died at the age of 90 on May 01, 2013. He defended his thesis for the degree of candidate of legal sciences on the use of forensic identification in certain types of forensic examinations. Mykhailo Sehai defends his dissertation for the degree of Doctor of Laws already on the methodology of judicial identification, substantiating it from the standpoint of philosophy. In the next large-scale work, Mykhailo Sehai addresses issues not only of forensic identification but also diagnostic and situational expert tasks. Subsequently, Mykhailo Sehai takes part in the creation of the world’s first law on forensic examination, which combines the rights and obligations of a forensic expert in various types of legal proceedings. Thus, the foundation is laid for the creation of the profession of a forensic expert. Mykhailo Sehai develops the foundations of forensic expertology as a science of forensic activities, including the legal and organizational foundations of this activity, and also generalizes the methodology as part of forensic expertology to three interdisciplinary exercises. The article mentions the teacher of Mykhailo Sehai and the continuation of his work. At the end of the article, it is concluded that Doctor of Law, Professor, and Academician of the National Academy of Legal Sciences of Ukraine Mykhailo Sehai has been following the path of generalizing previous experience throughout his scientific life, from considering a separate issue to systematizing it and systematizing the views from which this issue is being studied. Thus, briefly, this path can be characterized as follows: from the particular to the general. Mykhailo Sehai has made an invaluable contribution to the development of forensic science and forensic science.

To the question of the possibility of recognizing a claim in administrative cases provided for by Chapter 30 of the CAS of the Russian Federation

The article is devoted to the study of the question of the possibility of recognizing a claim by an administrative defendant in administrative cases related to the forced hospitalization of a citizen in a psychiatric hospital, the extension of the period of such hospitalization or psychiatric examination in an involuntary manner. In the course of the research, the author addresses questions about the legal nature of these cases, the type of legal proceedings in which they are subject to consideration and resolution, as well as problems arising in judicial practice. At the end of the article there are proposals for improving legislation.

A lawyer's refusal to provide legal aid and the need to observe a certain set of measures to avoid a conflict of interests

In this article, a theoretical-applied study of the essence of conflicts of interest is carried out primarily through the prism of clarifying the legal nature of the measures that a lawyer must follow in order to avoid them. This article is devoted to the disclosure of various positions of scientists regarding the possibility of accepting a mandate from a client (continuing the provision of legal assistance) under the condition of a potential conflict of interests.
 The study focused on the fact that criminal proceedings provide for the possibility of submitting an application for the recusal of the defense counsel (application for self-recusal of the defense counsel), while in other types of proceedings, the decision to participate or, conversely, not to participate in the case in conditions of conflict of interests depends directly on the will of the lawyer. Representative and the court cannot declare the dismissal of such a representative.
 Within the framework of this study, a significant set of measures that should be taken by a lawyer (law association) to prevent the occurrence and reduce the possible negative consequences of the existence of a conflict of interests in the conditions of the practice of law was analyzed. It is concluded that such measures can include: establishing additional restrictions on the provision of legal assistance by law firms (information barriers, consolidation of internal corporate codes of ethical behavior of lawyers); establishing certain obligations, prohibitions and restrictions in the relationship between the client and the lawyer in order to establish the absolute independence of the lawyer in the performance of his professional activities, etc.
 In this article, both general scientific methods of analysis and synthesis, as well as methods specific to legal science, have been widely used. The research itself was carried out with the application in particular, formal-dogmatic method, which provided an opportunity to analyze a set of measures that a lawyer should follow in order to avoid a possible conflict of interests.

PETITIONS IN CRIMINAL AND CIVIL PROCEEDINGS: COMPARI-SON

The «cross-cutting» institutions of criminal, civil, arbitration and administrative procedures are not always universal and identical. Despite terminological coincidences and generally similar notions of petitions in different types of proceedings, the places they occupy in criminal and civil proceedings are different. Purpose: to determine the balance of petitions and applications in criminal procedures, on the one hand and in civil, arbitration and administrative procedures, on the other hand. The determining method of the study is the method of comparative law. In addition, general and special methods (analysis and synthesis, logical, special-legal) are applied. Results: the criminal procedure concept of petitions includes heterogeneous appeals of law enforcement agencies to the court and requests addressed to these bodies by the participants in the pre-trial stages of proceedings, which have no analogues in civil procedure and «classic» petitions of the parties before the court. In criminal procedure, in contrast to arbitration, administrative and civil procedures, petitions many times prevail over applications.

ON THE TIMELINESS OF UNIFICATION OF THE CRIMINAL PROCEDURAL LEGISLATION OF THE RUSSIAN FEDERATION, REGULATING THE CONTROL AND VERIFICATION STAGES

Abstract: differences between the forms of exercise of judicial power in Russia do not exclude, but rather suggest the convergence of civil (arbitration), administrative, criminal proceedings in the regulation of intersectoral institutions, in particular, such as appeal, cassation, supervisory proceedings. The exclusion of unreasonable discrepancies in the procedural regulation of similar (homogeneous) legal relations allows to increase the efficiency of justice, ensure timeliness correction of judicial errors, protect the rights and legitimate interests of the individual, strengthen the rule of law. The article analyzes some situations that confirm the tendency of significant lagging of the criminal procedural regulation of the control and verification stages from the effective, time‐tested norms and institutions operating in other types of legal proceedings. They are evaluated, and recommendations are also made for them concerning the unification (harmonization) of legislation, which regulates the review of court decisions by higher instances in the sphere of criminal proceedings.

Criminal and Civil Aspects Of Healthcare Worker Liability For Medical Malpractice in Croatia

A healthcare worker's liability for damage caused to patients can be criminal, civil, misdemeanour, and disciplinary, with the necessary precondition that the damage was caused as a result of medical malpractice or negligence, and not as a result of the regular course of the disease. The paper analyzes the criminal law and civil law aspects of the healthcare worker's responsibility for damage caused by medical malpractice through the provision of medical care. The imprecise definition of the legal nature of the healthcare worker's responsibility, the obligations that the law imposes on doctors, the definition of malpractice in medical treatment, as well as the legal basis of responsibility, indicate the existence of many legal dilemmas that require additional analysis to which we would like to contribute with this paper. Because of a broad concept of issues in healthcare worker's liability, this paper aims to explain the material assumptions of criminal (duty to act) and civil (negligence) liability and discusses the legal position of a medical expert in both types of proceedings.

Rzymski proces cywilny i rzymski proces karny Rzymian w ujęciu ks. prof. Stanisława Płodzienia (uwagi na marginesie maszynopisu BU KUL 1443A)

The Special Collections Department of the University Library of the Catholic University of Lublin preserves the legacy of the Podlasie-born Romanist Rev. Prof. Stanisław Płodzień. The author taught Roman and Canon Law at the Catholic University of Lublin in the 1950s and early 1960s. However, his promising career was interrupted by his sudden death in 1962. Among the unpublished materials he left behind is a script prepared for first-year students of canon law, entitled „The Roman Civil Trial”. This is a valuable find, since in the 19th and 20th centuries only two monographs on the Roman civil procedure were published in Polish. An analysis of the script shows that its author drew mostly on Leopold Wenger’s monograph „Institutionen des römischen Zivilprozessrechts”. It is from him that he took the idea of devoting a separate discussion to the differences between Roman civil trials and their criminal and administrative proceedings. The text included a subsection entitled “The Relationship between the Roman Civil Trial and Criminal and Administrative proceedings”. The author presented the peculiarities of all three types of proceedings in a factual manner, emphasizing that certain contemporary categories had already been contemplated by the Romans. Particularly noteworthy is the departure from the concept of dividing law into public and private based on the so-called criterion of benefit (utilitas). Rev. Płodzień emphasizes that the concept of state interest in Roman times was as vague as it is today. The narrative makes subtle use of modern civilist terminology.