Requirements for the validity of decisions on the example of the decision of the Kyiv Appeal Economic Court
Analysis of the requirements for the justification of court decisions on the example of the Kyiv Economic Court of Appeal. The scientific views on this issue. Evaluation of the implementation of Article 216 in respect of Article 1212 of the CC of Ukraine.
Подобные документы
Study of appeal to emotions in anglophone court discourse from the point of its influence on litigants. Way of influencing emotions on litigants. Establishment of language means that express stratagemеs of appeal to emotions in Anglophone court discourse.
статья, добавлен 29.05.2022Judicial practice in Ukraine: from judicial generalizations to an open database of judicial decisions. Review of the database of court decisions of the Unified State Register of Court Decisions. Application of artificial intelligence in this area.
статья, добавлен 20.07.2024Analysis of the impact of the decision of the European Court of Human Rights on Ukrainian legislation on lustration (Law on Purification of Power). The criteria for the application of the ban on the occupation of positions, in respect of which lustration.
статья, добавлен 02.10.2024Analysis of practice and court decisions regarding disputes in the field of transfer pricing. Legal status of participants in legal relations. Prospects for the implementation of the provisions of supranational directives of the European Union in Ukraine.
статья, добавлен 05.09.2024The definition of "source of law". Anchored in the Russian Federation, the Constitution and the sources of the universally recognized norms of international law. Decisions of courts and other bodies of constitutional justice and their legal validity.
статья, добавлен 14.02.2015The problem questions that appears in the judicial practice in case of the change by the court of the appeal instance of the criminal breach qualification without carrying out of the pre-trial investigation for the directness research of evidences.
статья, добавлен 28.08.2018Study of the legal aspect of the translation of decisions of the European Court of Human Rights in Ukraine and justification of the specificity of such a translation. Solving the problem of establishing unimpeded access of judges to practice ECHR.
статья, добавлен 19.12.2022Courts in Nondemocratic Regimes. Russian Constitutional Court. Final Judgments of the Russian Constitutional Court. The article shows that it is who petitions the court and on which topics that influences the outcomes of cases and dissenting opinions.
статья, добавлен 30.08.2020The concept, signs and grounds of reviewing court decisions under newly discovered or exceptional circumstances, formulating a proposal for improving the institution of reviewing court decisions under newly discovered or exceptional circumstances.
статья, добавлен 23.07.2023Consequences of the ECHR's decision to refuse to waive a person's immunity. The Grand Chamber of the Supreme Court exercises the powers of proceedings upon the application of such a person to review a court decision under exceptional circumstances.
статья, добавлен 26.07.2022Institutional capacity of the Constitutional Court of Ukraine as an institutional property of a body of constitutional jurisdiction. Assessment of its organizational and functional ability to ensure the implementation of its tasks, functions and powers.
статья, добавлен 25.06.2022Guarantees of constitutional rights and freedoms of citizens in the Republic of Kosovo. Assessment of the practical implementation of legal norms and decisions of foreign courts. Harmonization of national legislation in accord with the international law.
статья, добавлен 02.10.2024The relationship between law and morality, peculiarities in the approaches to understanding morality in the decisions of the European Court of Human Rights. Compensation for moral damage. Negative phenomena recognized by the Court as immoral and unjust.
статья, добавлен 10.09.2022Study of the problem of strengthening the institutional capacity of the Constitutional Court of Ukraine as a complex scientific and applied problem. Analysis of the problem in the interdisciplinary scientific space. Institutional property of jurisdiction.
статья, добавлен 27.07.2022Analysis of the institutional capacity of the Constitutional Court. Description of the legal provision of its independence from political influence, procedures of constitutional proceedings, development of the mechanism of interaction with the public.
статья, добавлен 16.06.2022A view of the category of institutional capacity in modern society and its main indicators. The concept of the institutional capacity of Constitutional Court of Ukraine. Its role for national development. Principle of the integrity of judges of the Court.
статья, добавлен 24.07.2022Considers the procedural order for the Supreme Court to deviate from the conclusion on the application of the rule of law in such legal relations. The legal nature of the issue of the hierarchy of legal positions of the Supreme Court is analysed.
статья, добавлен 17.08.2022The purpose of this study is to analyse the judgments of the European Court of Human Rights, aimed at determining the content of the evaluative features in the context of human rights. For this purpose, the author uses the methods of legal literature.
статья, добавлен 20.09.2024Comparative constitutional interpretation method in the practice of constitutional court of Ukraine as a feature of constitutionalism transnationalization. Application of decisions of foreign courts in the practice of the Constitutional Court of Ukraine.
статья, добавлен 23.03.2021Depending on the specific circumstances, it is difficult to determine whether the requirements for the exercise of property rights are met. In this regard, legal certainty is contained in the fundamental precedents of the European Court of Human Rights.
статья, добавлен 12.06.2022The legal nature of the decisions of the European Court of Human Rights as a source of European Union law. Inclusion of the existing jurisprudence and the Court of Justice of the European system for the protection of human rights to the sources of EU law.
статья, добавлен 11.07.2022Generally established, state-sanctioned rules of conduct designed to regulate relations in the sphere of activity of state authorities and their officials. Determining the legal basis in cases regarding the appeal of decisions of subjects of authority.
статья, добавлен 19.12.2022The impact of global changes in the political and economic situation on the current system of settlement of investment disputes. Advantages and disadvantages of creating a Multilateral Investment Court. Actual problems of investment arbitration.
статья, добавлен 23.01.2024Court decision for real estate as an important legal fact, on the basis of which the transformation of property rights into subjective property rights takes place. Analysis of ways to protect property rights under the statute of limitations in court.
статья, добавлен 03.03.2021The brief theoretical and practical guidance on how to approach the Court’s case-law. Explanations as to doctrinal views on the "weight" each piece of the Court’s jurisprudence. Language difficulties, common and continental law tradition elements in it.
статья, добавлен 05.04.2019