Background: One of the current topics at the international level is the COVID-19 pandemic, which has changed the lives of all people globally and caused economic and human losses. In legal scientific discourse, there are repercussions. Methods: To uncover scientific knowledge and results, the authors apply qualitative research methods such as content analysis, the legal dogmatic method, and methods of induction and deduction. Essential tools that authors use in this research are primary legal texts of the International Criminal Court (ICC ) and other international treaties, as well as the case law of the ICC, the European Court of Human Rights (ECtHR), the International Court of Justice (ICJ), ad hoc and internationalised and mixed (hybrid) tribunals, and secondary legal sources. Results and Conclusions: This paper is based on the hypothetical situation of the deliberate creation and spread of a pandemic that resulted in enormous human losses. The authors examine the central question, which is whether viral homicide could be prosecuted as a crime against humanity before the ICC. The authors conclude that existing provisions of Art. 7 of the Rome Statute could not be interpreted so broadly as to encompass viral homicide as a crime against humanity. Expanding the scope of Art. 7 of the Rome Statute to cover viral homicide would violate basic principles of criminal law such as nullum crimen sine lege and lex certa.
{"title":"Criminal Liability and Viral Homicide – Can it Be Prosecuted as a Crime against Humanity?","authors":"Enis Omerović","doi":"10.33327/ajee-18-6s018","DOIUrl":"https://doi.org/10.33327/ajee-18-6s018","url":null,"abstract":"Background: One of the current topics at the international level is the COVID-19 pandemic, which has changed the lives of all people globally and caused economic and human losses. In legal scientific discourse, there are repercussions. Methods: To uncover scientific knowledge and results, the authors apply qualitative research methods such as content analysis, the legal dogmatic method, and methods of induction and deduction. Essential tools that authors use in this research are primary legal texts of the International Criminal Court (ICC ) and other international treaties, as well as the case law of the ICC, the European Court of Human Rights (ECtHR), the International Court of Justice (ICJ), ad hoc and internationalised and mixed (hybrid) tribunals, and secondary legal sources. Results and Conclusions: This paper is based on the hypothetical situation of the deliberate creation and spread of a pandemic that resulted in enormous human losses. The authors examine the central question, which is whether viral homicide could be prosecuted as a crime against humanity before the ICC. The authors conclude that existing provisions of Art. 7 of the Rome Statute could not be interpreted so broadly as to encompass viral homicide as a crime against humanity. Expanding the scope of Art. 7 of the Rome Statute to cover viral homicide would violate basic principles of criminal law such as nullum crimen sine lege and lex certa.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135793018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Background: Globally, there is mounting concern regarding climate change, which scientific consensus confirms through the undeniable rise in global temperatures. The blame for this unwavering trend can be attributed to anthropogenic activities, specifically non-renewable resource combustion like oil and gas usage. Consequently, there is an urgent need to curb greenhouse gas emissions and make the transition towards more eco-friendly energy sources. In recent years, the oil and gas sector has come under scrutiny and faced numerous legal challenges due to its role in perpetuating greenhouse gas emissions. Climate change litigation has emerged as an effective instrument for enforcing corporate accountability and promoting the adoption of sustainable energy alternatives. Methods: A thorough examination was carried out using a multi-faceted strategy that took into account legal, environmental, economic, and social aspects. The study encompassed an exhaustive assessment of both domestic and international laws and regulations relevant to climate change and the oil and gas sector. Moreover, various secondary sources concerning emission standards governing bodies, carbon pricing mechanisms, as well as other climate- related policies impacting the industry were also taken into consideration. Furthermore, pertinent case law records and dispute resolution systems were examined to evaluate the efficacy of existing legal frameworks. Results and conclusion: It has been noted that there has been a notable escalation in the number of legal disputes regarding climate change worldwide in recent times. These legal actions are intended to determine corporate accountability and encourage the implementation of ecologically sustainable sources of energy. The petroleum and natural gas industry is a significant contributor to the emission of greenhouse gases, which causes detrimental ecological effects both locally and globally. The key cause of climate change is the release of greenhouse gases, and it is crucial for this sector to limit these emissions if it is to effectively tackle the challenges posed by climate change.
{"title":"The Consequences of Legal Challenges for Oil and Gas Industry: Global Trends in Climate Change Litigation and Management","authors":"Shahad Ahmed Al-Nasser","doi":"10.33327/ajee-18-6s016","DOIUrl":"https://doi.org/10.33327/ajee-18-6s016","url":null,"abstract":"Background: Globally, there is mounting concern regarding climate change, which scientific consensus confirms through the undeniable rise in global temperatures. The blame for this unwavering trend can be attributed to anthropogenic activities, specifically non-renewable resource combustion like oil and gas usage. Consequently, there is an urgent need to curb greenhouse gas emissions and make the transition towards more eco-friendly energy sources. In recent years, the oil and gas sector has come under scrutiny and faced numerous legal challenges due to its role in perpetuating greenhouse gas emissions. Climate change litigation has emerged as an effective instrument for enforcing corporate accountability and promoting the adoption of sustainable energy alternatives. Methods: A thorough examination was carried out using a multi-faceted strategy that took into account legal, environmental, economic, and social aspects. The study encompassed an exhaustive assessment of both domestic and international laws and regulations relevant to climate change and the oil and gas sector. Moreover, various secondary sources concerning emission standards governing bodies, carbon pricing mechanisms, as well as other climate- related policies impacting the industry were also taken into consideration. Furthermore, pertinent case law records and dispute resolution systems were examined to evaluate the efficacy of existing legal frameworks. Results and conclusion: It has been noted that there has been a notable escalation in the number of legal disputes regarding climate change worldwide in recent times. These legal actions are intended to determine corporate accountability and encourage the implementation of ecologically sustainable sources of energy. The petroleum and natural gas industry is a significant contributor to the emission of greenhouse gases, which causes detrimental ecological effects both locally and globally. The key cause of climate change is the release of greenhouse gases, and it is crucial for this sector to limit these emissions if it is to effectively tackle the challenges posed by climate change.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135831788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Background: The term unilateral economic sanctions is defined as “economic measures taken by one State imposing it on another State, examples of such measures include trade sanctions.” Economic sanctions are criticised for failing to accomplish their goal and for having destructive effects that cause poverty, human rights violations, healthcare inefficiency, and deprivation of essential living standards. These subjects and their definitions will be thoroughly covered in this article, along with their connections to the effects of unilateral economic sanctions and their political and economic effects on the countries they are imposed against. Methods: The approaches that have been used are the qualitative and analytical methods. The article gathered data regarding the impacts of unilateral economic sanctions on different levels, such as the effects on human rights and the economy, and international trade and diplomacy. Results and Conclusions: The effects of the imposed unilateral economic sanctions have shown that they were a failure and had a disastrous impact on a variety of areas, including human rights, the right to adequate healthcare and education, and the decline in the economy that increased unemployment rates.
{"title":"The Impacts of Unilateral Economic Sanctions","authors":"Fatima Abdulatef Halawani","doi":"10.33327/ajee-18-6s011","DOIUrl":"https://doi.org/10.33327/ajee-18-6s011","url":null,"abstract":"Background: The term unilateral economic sanctions is defined as “economic measures taken by one State imposing it on another State, examples of such measures include trade sanctions.” Economic sanctions are criticised for failing to accomplish their goal and for having destructive effects that cause poverty, human rights violations, healthcare inefficiency, and deprivation of essential living standards. These subjects and their definitions will be thoroughly covered in this article, along with their connections to the effects of unilateral economic sanctions and their political and economic effects on the countries they are imposed against. Methods: The approaches that have been used are the qualitative and analytical methods. The article gathered data regarding the impacts of unilateral economic sanctions on different levels, such as the effects on human rights and the economy, and international trade and diplomacy. Results and Conclusions: The effects of the imposed unilateral economic sanctions have shown that they were a failure and had a disastrous impact on a variety of areas, including human rights, the right to adequate healthcare and education, and the decline in the economy that increased unemployment rates.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135831665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-14DOI: 10.33327/ajee-18-6.2-ed000201
I. Izarova
In this edition of our journal, we are delighted to showcase a compelling collection of articles that delve into diverse facets of the ongoing war in Ukraine. These thought-provoking contributions shed light on critical issues and offer valuable insights for policymakers, legal practitioners, and researchers alike. We are proud to announce that our journal has achieved an incredible milestone by securing a place in Quartile 2 of Scimago, a prestigious recognition in the academic community. This accomplishment reflects the exceptional quality of the research published in our journal and the dedication and expertise of our esteemed contributors. We are committed to promoting excellence in scholarship and advancing knowledge in our field. I would like to express my sincere gratitude to the entire team of our esteemed journal. Your dedication, hard work, and commitment to excellence have been instrumental in our success. Each member has played a vital role in ensuring the smooth operation and continuous improvement of our publication. From the editors and reviewers to the production team and administrative staff, your tireless efforts have been invaluable in maintaining the high standards of our journal. I deeply appreciate your passion, expertise, and unwavering support. Together, we are making a significant impact in the academic community and advancing knowledge in our field. Thank you for your outstanding contributions and for being an integral part of our journal's success. We are excited to announce our collaboration with Scholastica, a renowned platform for academic publishing and peer review. This partnership aims to further enhance the quality and rigor of the review process for our journal. By leveraging Scholastica's cutting-edge technology and robust peer review tools, we are confident in providing an even higher level of quality assurance and ensuring a thorough evaluation of all submitted manuscripts. This collaboration reaffirms our commitment to excellence and our dedication to fostering a rigorous and constructive scholarly review process. We look forward to the continued growth and success of our journal.
{"title":"About the Issue 2 of 2023","authors":"I. Izarova","doi":"10.33327/ajee-18-6.2-ed000201","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-ed000201","url":null,"abstract":"In this edition of our journal, we are delighted to showcase a compelling collection of articles that delve into diverse facets of the ongoing war in Ukraine. These thought-provoking contributions shed light on critical issues and offer valuable insights for policymakers, legal practitioners, and researchers alike. \u0000We are proud to announce that our journal has achieved an incredible milestone by securing a place in Quartile 2 of Scimago, a prestigious recognition in the academic community. This accomplishment reflects the exceptional quality of the research published in our journal and the dedication and expertise of our esteemed contributors. We are committed to promoting excellence in scholarship and advancing knowledge in our field.\u0000I would like to express my sincere gratitude to the entire team of our esteemed journal. Your dedication, hard work, and commitment to excellence have been instrumental in our success. Each member has played a vital role in ensuring the smooth operation and continuous improvement of our publication. From the editors and reviewers to the production team and administrative staff, your tireless efforts have been invaluable in maintaining the high standards of our journal. I deeply appreciate your passion, expertise, and unwavering support. Together, we are making a significant impact in the academic community and advancing knowledge in our field. Thank you for your outstanding contributions and for being an integral part of our journal's success.\u0000\u0000We are excited to announce our collaboration with Scholastica, a renowned platform for academic publishing and peer review. This partnership aims to further enhance the quality and rigor of the review process for our journal. By leveraging Scholastica's cutting-edge technology and robust peer review tools, we are confident in providing an even higher level of quality assurance and ensuring a thorough evaluation of all submitted manuscripts. This collaboration reaffirms our commitment to excellence and our dedication to fostering a rigorous and constructive scholarly review process. \u0000We look forward to the continued growth and success of our journal.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49130065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-14DOI: 10.33327/ajee-18-6.2-n000226
A. Tumanyants
This article is devoted to the study of problems related to the peculiarities of ensuring the right to freedom and personal integrity in criminal proceedings under martial law. It is noted that one of the principles of the state policy of Ukraine in the spheres of national security and defence is the protection of people and citizens, their life and dignity, and their constitutional rights and freedoms. The article analyses the conditions of admissibility of derogation, i.e., Ukraine’s right to derogate from the observance of individual rights, guaranteed, first of all, by Art. 5 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR). The authors determine the constitutionality of legislative innovations caused by unprovoked Russian aggression and, as a result, the introduction of martial law in our country. The position is argued that the limitation of the right to freedom and personal integrity provided for by the Criminal Procedure Code of Ukraine (Parts 6-7 of Art. 176) only by the use of detention pursues a legitimate goal, which is to prevent persons who are reasonably suspected of committing a number of crimes from hiding from the investigation and the court, as well as perform any actions provided for in Part 1 of Art. 177 of the CPC of Ukraine, which, taking into account the difficult situation in the country associated with military aggression, can be considered fully justified. At the same time, in the future, at the stage of extending the term of detention, the suspect or the accused is actually deprived of the right to request his release from custody and the application of an alternative preventive measure to him, which does not correlate with international standards of limiting the right to freedom and personal integrity and does not comply with the legal positions of the European Court of Human Rights. The authors emphasise that the quasi-automatic extension of the term of detention of a person in custody without appropriate requests from the prosecution, without checking the presence of new or previous risks and assessing the expediency of further deprivation of liberty, introduced into the national legislation, should be considered as a violation of the conventional norms-guarantees established by § 3 Art. 5 of the ECHR.
{"title":"Features of Ensuring the Right to Liberty and Personal Integrity In Criminal Proceedings Under the Conditions of Martial Law: Precedent Practice of the European Court of Human Rights and Ukrainian Realities","authors":"A. Tumanyants","doi":"10.33327/ajee-18-6.2-n000226","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-n000226","url":null,"abstract":"This article is devoted to the study of problems related to the peculiarities of ensuring the right to freedom and personal integrity in criminal proceedings under martial law. It is noted that one of the principles of the state policy of Ukraine in the spheres of national security and defence is the protection of people and citizens, their life and dignity, and their constitutional rights and freedoms. The article analyses the conditions of admissibility of derogation, i.e., Ukraine’s right to derogate from the observance of individual rights, guaranteed, first of all, by Art. 5 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR). The authors determine the constitutionality of legislative innovations caused by unprovoked Russian aggression and, as a result, the introduction of martial law in our country. The position is argued that the limitation of the right to freedom and personal integrity provided for by the Criminal Procedure Code of Ukraine (Parts 6-7 of Art. 176) only by the use of detention pursues a legitimate goal, which is to prevent persons who are reasonably suspected of committing a number of crimes from hiding from the investigation and the court, as well as perform any actions provided for in Part 1 of Art. 177 of the CPC of Ukraine, which, taking into account the difficult situation in the country associated with military aggression, can be considered fully justified. At the same time, in the future, at the stage of extending the term of detention, the suspect or the accused is actually deprived of the right to request his release from custody and the application of an alternative preventive measure to him, which does not correlate with international standards of limiting the right to freedom and personal integrity and does not comply with the legal positions of the European Court of Human Rights. The authors emphasise that the quasi-automatic extension of the term of detention of a person in custody without appropriate requests from the prosecution, without checking the presence of new or previous risks and assessing the expediency of further deprivation of liberty, introduced into the national legislation, should be considered as a violation of the conventional norms-guarantees established by § 3 Art. 5 of the ECHR.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43478958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-14DOI: 10.33327/ajee-18-6.2-a000121
Background: The development of foreign economic relations between business entities is the key to a stable economy of each country as a whole. During the implementation of these relations, the emergence of disputes and the procedure for their resolution is one of the main prerequisites for giving preference to alternative dispute resolution, namely international commercial arbitration. Despite the existence of unified rules and standards for the recognition and enforcement of international commercial arbitration awards, which are enshrined in the New York Convention of 1958, many issues arise in the doctrine of international civil procedure and law enforcement practice. These issues are the result of an inconsistent approach to arbitration in the national legislation of the member states of the New York Convention of 1958. Methods: The article will consider the distinction in the definitive approach of ‘challenging’ and ‘annulment’ the decision of international commercial arbitration through the prism of comparative legal regulation and evaluation of the results of both the domestic doctrine of arbitration and foreign scientific schools. In addition, during the analysis of the numerical judicial practice of national courts, the problematic issues of the procedural procedure for annulment of decisions of international commercial arbitration and the grounds for their annulment are considered. Results and Conclusions: Among the results, some gaps and contradictions were discovered, in particular, the ideas of ‘challenging’ and ‘appealing’ such awards. These procedures differ in that within the framework of the procedure for challenging the decision of international commercial arbitration, and the state court has no right to review such a decision on the merits.
{"title":"Annulment of an International Commercial Arbitration Award: The Ukrainian Experience","authors":"","doi":"10.33327/ajee-18-6.2-a000121","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-a000121","url":null,"abstract":"Background: The development of foreign economic relations between business entities is the key to a stable economy of each country as a whole. During the implementation of these relations, the emergence of disputes and the procedure for their resolution is one of the main prerequisites for giving preference to alternative dispute resolution, namely international commercial arbitration. Despite the existence of unified rules and standards for the recognition and enforcement of international commercial arbitration awards, which are enshrined in the New York Convention of 1958, many issues arise in the doctrine of international civil procedure and law enforcement practice. These issues are the result of an inconsistent approach to arbitration in the national legislation of the member states of the New York Convention of 1958. \u0000Methods: The article will consider the distinction in the definitive approach of ‘challenging’ and ‘annulment’ the decision of international commercial arbitration through the prism of comparative legal regulation and evaluation of the results of both the domestic doctrine of arbitration and foreign scientific schools. In addition, during the analysis of the numerical judicial practice of national courts, the problematic issues of the procedural procedure for annulment of decisions of international commercial arbitration and the grounds for their annulment are considered.\u0000Results and Conclusions: Among the results, some gaps and contradictions were discovered, in particular, the ideas of ‘challenging’ and ‘appealing’ such awards. These procedures differ in that within the framework of the procedure for challenging the decision of international commercial arbitration, and the state court has no right to review such a decision on the merits.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47783385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-14DOI: 10.33327/ajee-18-6.2-a000221
V. Lomaka, I. Yakoviyk, Ye Bilousov
Background: The nature of the European Union (EU) as a global actor has long been the subject of diverse academic debates. Proponents of an understanding of the EU as a normative force believe that its greatest transformative power lies not in coercion but in a policy of enlargement that allows the EU to stimulate reforms in the candidate countries of the Central and Eastern European region, despite the crisis of enlargement. The aim of the article is to study the impact of the Europeanisation process on the legal systems of member states and candidate countries, in particular Ukraine, as well as the formulation of proposals for national institutions regarding the perception of the ‘Europeanisation’ impact of EU law on the legal system of Ukraine. Methods: The methodological basis of the work is interdisciplinary and comprehensive approaches. The interdisciplinary approach is based on the application of theoretical developments in jurisprudence, philosophy, political science, and the theory of international relations, which make it possible to study the process of Europeanisation in relation to member states and candidate countries as fully and comprehensively as possible. The comprehensive approach is aimed at identifying the multifaceted and multifactorial ontological determinants of the Europeanisation process of legal systems. These approaches determined the choice of appropriate general theoretical and special scientific methods: hermeneutic, dialectical, analysis, synthesis, etc. Results and Conclusions: As a result of the study of the political will, capacity, and legitimacy of the EU to defend the values proclaimed in the founding treaties, in cases of violations of the regulations of the EU law by the member states, the authors come to the conclusion that the EU may face negative consequences due to the display of democratic reformist coalitions in individual member states (Poland and Hungary ), as well as due to favouring (authoritarian) stability over uncertain (democratic) change. Concession to candidate countries for EU accession in terms of the fulfilment of the Copenhagen criteria in exchange for satisfying the interests of leading member states may undermine the credibility of the project of building a European identity based on the common values of the EU, as well as the loss of the reputation of the normative power of the European Union. Accelerating the process of Ukraine’s accession to the EU, which is connected with Ukraine’s acquisition of the status of a candidate for accession to the EU, requires the Europeanisation of the domestic legal culture as a prerequisite for the modernisation of all other elements of the legal system. This, in turn, implies the completion of the process of de-Russification of legal science and education, the development and approval of the Legal Education Development Program, and the modernisation of legal terminology.
{"title":"Europeanisation and Its Impact on Candidate Countries for EU Membership: A View from Ukraine","authors":"V. Lomaka, I. Yakoviyk, Ye Bilousov","doi":"10.33327/ajee-18-6.2-a000221","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-a000221","url":null,"abstract":"Background: The nature of the European Union (EU) as a global actor has long been the subject of diverse academic debates. Proponents of an understanding of the EU as a normative force believe that its greatest transformative power lies not in coercion but in a policy of enlargement that allows the EU to stimulate reforms in the candidate countries of the Central and Eastern European region, despite the crisis of enlargement. The aim of the article is to study the impact of the Europeanisation process on the legal systems of member states and candidate countries, in particular Ukraine, as well as the formulation of proposals for national institutions regarding the perception of the ‘Europeanisation’ impact of EU law on the legal system of Ukraine.\u0000 \u0000Methods: The methodological basis of the work is interdisciplinary and comprehensive approaches. The interdisciplinary approach is based on the application of theoretical developments in jurisprudence, philosophy, political science, and the theory of international relations, which make it possible to study the process of Europeanisation in relation to member states and candidate countries as fully and comprehensively as possible. The comprehensive approach is aimed at identifying the multifaceted and multifactorial ontological determinants of the Europeanisation process of legal systems. These approaches determined the choice of appropriate general theoretical and special scientific methods: hermeneutic, dialectical, analysis, synthesis, etc.\u0000 \u0000Results and Conclusions: As a result of the study of the political will, capacity, and legitimacy of the EU to defend the values proclaimed in the founding treaties, in cases of violations of the regulations of the EU law by the member states, the authors come to the conclusion that the EU may face negative consequences due to the display of democratic reformist coalitions in individual member states (Poland and Hungary ), as well as due to favouring (authoritarian) stability over uncertain (democratic) change. Concession to candidate countries for EU accession in terms of the fulfilment of the Copenhagen criteria in exchange for satisfying the interests of leading member states may undermine the credibility of the project of building a European identity based on the common values of the EU, as well as the loss of the reputation of the normative power of the European Union. Accelerating the process of Ukraine’s accession to the EU, which is connected with Ukraine’s acquisition of the status of a candidate for accession to the EU, requires the Europeanisation of the domestic legal culture as a prerequisite for the modernisation of all other elements of the legal system. This, in turn, implies the completion of the process of de-Russification of legal science and education, the development and approval of the Legal Education Development Program, and the modernisation of legal terminology.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45253714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-14DOI: 10.33327/ajee-18-6.2-n000215
M. Musabayev
Juvenile justice is an essential element of the development of social justice provision for minors in all countries, thus enhancing the safety of youth and the maintenance of order in society. The aim of the research is to analyse the theoretical provisions and legal norms governing the administrative and legal protection of minors in European countries. It is also to formulate proposals and recommendations for the modernization of the legal framework for juvenile justice institutions’ functioning in the Republic of Kazakhstan. According to the set goal and objectives, a range of general and special research methods were used for a comprehensive analysis. The theoretical and practical significance of the article is determined by its relevance and novelty, with its focus on solving the most important problems facing protection of minors’ rights in the judicial process.
{"title":"Protection of Rights of Minors in Administrative Proceedings in the European Legal Framework","authors":"M. Musabayev","doi":"10.33327/ajee-18-6.2-n000215","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-n000215","url":null,"abstract":"Juvenile justice is an essential element of the development of social justice provision for minors in all countries, thus enhancing the safety of youth and the maintenance of order in society. The aim of the research is to analyse the theoretical provisions and legal norms governing the administrative and legal protection of minors in European countries. It is also to formulate proposals and recommendations for the modernization of the legal framework for juvenile justice institutions’ functioning in the Republic of Kazakhstan. According to the set goal and objectives, a range of general and special research methods were used for a comprehensive analysis. The theoretical and practical significance of the article is determined by its relevance and novelty, with its focus on solving the most important problems facing protection of minors’ rights in the judicial process.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48307650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-14DOI: 10.33327/ajee-18-6.2-a000223
Miloš Levrinc
Background: Receivables play an increasingly important role in the financing of particularly small and medium-sized businesses. This importance has been recognised by many international organisations, including UNIDROIT, which is slated to adopt a Model Law on Factoring in 2023. The purpose of the Model Law is to encourage States to modernise their legal frameworks for absolute and security assignments, as well as pledges of receivables. The EU has been struggling to find common ground with respect to a regulation on the law applicable to assignments that would build on the Rome I Regulation. A modern receivables regime rests on several key foundation blocks that include the ability to describe receivables generically, achievement of third-party effectiveness by registration, and predictable priority rules. Much of the law of assignments is of contractual nature, which is suitable to party autonomy. Party autonomy in the field of contractual obligations is a recognised institution under the national substantive law of the legal order of the Slovak Republic. In some respects, the Slovak legal regime would benefit from modernisation, such as in requiring all types of assignments and pledges to be registered, which facilitates the determination of priorities. This article examines the law governing assignments of receivables in civil and commercial matters in the Slovak Republic. It not only analyses the statutory law but also surveys the relevant case law that fills gaps in the legislation. Methods: The author uses traditional scientific methods: logical methods - the method of analysis, the method of synthesis, the method of analogy, the descriptive method, as well as comparative method. First, the descriptive method was used to familiarise the reader with the applicable statutory provisions governing assignments of receivables in civil and commercial matters in the Slovak Republic. Second, the author analyses specific provisions with regard to current developments and practical applications. Third, the author uses a comparative method in highlighting the practical needs that incentivise the modernisation of the current legislation in light of recent developments, especially the upcoming adoption of the UNIDROIT Model Law on Factoring. Results and Conclusions: The Slovak regime for absolute assignments of receivables is governed by the Civil Code, which also applies to assignments in commercial transactions. The Code also recognises a security assignment of receivable. The pledge law reform in 2002 introduced a registration system for pledges of receivables. Special laws continue to govern specific types of receivables. Case law has addressed several aspects of transfers of receivables, particularly in insolvency. However, no statutory provision provides a priority rule among the statutorily-recognised types of transfers. Several other aspects have been clarified in case law. For instance, the Supreme Court of Slovakia defined a description stand
{"title":"Assignments of Receivables in Civil and Commercial Matters Under the Laws of the Slovak Republic","authors":"Miloš Levrinc","doi":"10.33327/ajee-18-6.2-a000223","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-a000223","url":null,"abstract":"Background: Receivables play an increasingly important role in the financing of particularly small and medium-sized businesses. This importance has been recognised by many international organisations, including UNIDROIT, which is slated to adopt a Model Law on Factoring in 2023. The purpose of the Model Law is to encourage States to modernise their legal frameworks for absolute and security assignments, as well as pledges of receivables. The EU has been struggling to find common ground with respect to a regulation on the law applicable to assignments that would build on the Rome I Regulation. A modern receivables regime rests on several key foundation blocks that include the ability to describe receivables generically, achievement of third-party effectiveness by registration, and predictable priority rules. Much of the law of assignments is of contractual nature, which is suitable to party autonomy. Party autonomy in the field of contractual obligations is a recognised institution under the national substantive law of the legal order of the Slovak Republic. In some respects, the Slovak legal regime would benefit from modernisation, such as in requiring all types of assignments and pledges to be registered, which facilitates the determination of priorities. This article examines the law governing assignments of receivables in civil and commercial matters in the Slovak Republic. It not only analyses the statutory law but also surveys the relevant case law that fills gaps in the legislation. \u0000Methods: The author uses traditional scientific methods: logical methods - the method of analysis, the method of synthesis, the method of analogy, the descriptive method, as well as comparative method. First, the descriptive method was used to familiarise the reader with the applicable statutory provisions governing assignments of receivables in civil and commercial matters in the Slovak Republic. Second, the author analyses specific provisions with regard to current developments and practical applications. Third, the author uses a comparative method in highlighting the practical needs that incentivise the modernisation of the current legislation in light of recent developments, especially the upcoming adoption of the UNIDROIT Model Law on Factoring.\u0000Results and Conclusions: The Slovak regime for absolute assignments of receivables is governed by the Civil Code, which also applies to assignments in commercial transactions. The Code also recognises a security assignment of receivable. The pledge law reform in 2002 introduced a registration system for pledges of receivables. Special laws continue to govern specific types of receivables. Case law has addressed several aspects of transfers of receivables, particularly in insolvency. However, no statutory provision provides a priority rule among the statutorily-recognised types of transfers. Several other aspects have been clarified in case law. For instance, the Supreme Court of Slovakia defined a description stand","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69602639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-14DOI: 10.33327/ajee-18-6.2-n000203
Background. The article focuses on the analysis of the case law of the European Court of Human Rights regarding gestational surrogate motherhood and the development of the bioethics issue in this area. It was established that the notion of "private life," regulated by Article 8 of the European Convention on Human Rights, guarantees everyone the ability to demand the establishment of their identity, providing for the possibility of establishing family relationships. It is highlighted that, despite the legal ban on the implementation of surrogate motherhood technology, to confirm the child’s identity, there is a need for official recognition of this kind of family relationship as indicated by other relevant relationships. In particular, the peculiarities of establishing parent-child relationships in the case of individuals applying for gestational surrogacy to exercise their reproductive rights are disclosed. The problem of legal regulation unification in the technological application of gestational surrogate motherhood is considered. A conclusion set regards the need to create an international legislative and regulatory framework useful for national governments, particularly in gradually banning the use of surrogate motherhood technologies. Attention is placed on international efforts focused to create an international legislative and regulatory framework that will provide recommendations useful to national governments, particularly in the gradual prohibition of surrogacy. The authors believe that the corresponding international agreement will constitute a legal framework for ensuring individual rights, freedoms, and health, the limitation to gestational surrogate motherhood services, and the observance of a uniform policy in this area. Methods: The methodological framework of the study incorporated a range of philosophical, general, and legal methods. The worldview-dialectical method of cognition made it possible to investigate the problem's social content and legal form, then to conduct a systematic theoretical and legal analysis of the practice by applying the judgments of the European Court of Human Rights. The diversity of legal certainty of the surrogate motherhood system’s legality in Europe, particularly in France, Italy, Iceland, Poland, and Norway, was investigated using the comparative method. With the help of a formal-legal approach, it analysed the content and peculiarities of applying the ECtHR practice. Results and Conclusions: We comprehensively considered the ECtHR legal positions on gestational surrogate motherhood and the bioethics development in this area. International efforts should be concentrated on establishing an international regulatory framework that will provide recommendations practical to national governments, particularly in the gradual prohibition of surrogacy.
{"title":"The European Convention on Human Rights and the Practice of the ECtHR in the Field of Gestational Surrogacy","authors":"","doi":"10.33327/ajee-18-6.2-n000203","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-n000203","url":null,"abstract":"Background. The article focuses on the analysis of the case law of the European Court of Human Rights regarding gestational surrogate motherhood and the development of the bioethics issue in this area. It was established that the notion of \"private life,\" regulated by Article 8 of the European Convention on Human Rights, guarantees everyone the ability to demand the establishment of their identity, providing for the possibility of establishing family relationships. It is highlighted that, despite the legal ban on the implementation of surrogate motherhood technology, to confirm the child’s identity, there is a need for official recognition of this kind of family relationship as indicated by other relevant relationships. In particular, the peculiarities of establishing parent-child relationships in the case of individuals applying for gestational surrogacy to exercise their reproductive rights are disclosed. The problem of legal regulation unification in the technological application of gestational surrogate motherhood is considered. A conclusion set regards the need to create an international legislative and regulatory framework useful for national governments, particularly in gradually banning the use of surrogate motherhood technologies. Attention is placed on international efforts focused to create an international legislative and regulatory framework that will provide recommendations useful to national governments, particularly in the gradual prohibition of surrogacy. The authors believe that the corresponding international agreement will constitute a legal framework for ensuring individual rights, freedoms, and health, the limitation to gestational surrogate motherhood services, and the observance of a uniform policy in this area.\u0000Methods: The methodological framework of the study incorporated a range of philosophical, general, and legal methods. The worldview-dialectical method of cognition made it possible to investigate the problem's social content and legal form, then to conduct a systematic theoretical and legal analysis of the practice by applying the judgments of the European Court of Human Rights. The diversity of legal certainty of the surrogate motherhood system’s legality in Europe, particularly in France, Italy, Iceland, Poland, and Norway, was investigated using the comparative method. With the help of a formal-legal approach, it analysed the content and peculiarities of applying the ECtHR practice. \u0000Results and Conclusions: We comprehensively considered the ECtHR legal positions on gestational surrogate motherhood and the bioethics development in this area. International efforts should be concentrated on establishing an international regulatory framework that will provide recommendations practical to national governments, particularly in the gradual prohibition of surrogacy.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44274026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：