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Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries
Published 2021-03-01“…The author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Court of Human Rights on this category of criminal proceedings are regulated. …”
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62
Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to C...
Published 2020-09-01“…The author of the article provides a retrospective analysis of the provisions of legislative acts of Ukraine, decisions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as some national criminal procedural legislation and departmental regulations on legal grounds for procedural activities and interaction of operative units to execute written instructions of interrogators, investigators, prosecutors on investigative (search) actions and secret investigative (search) actions. …”
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63
Legitimate Expectations as an Object of Corporate Legal Relations
Published 2020-09-01“…The authors have conducted the analysis of the legislation of Ukraine, the case law of Ukraine and the European Court of Human Rights, as well as doctrinal approaches to understanding legitimate expectations as objects of corporate legal relations. …”
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64
Examination and Search of a Defense attorney’s Vehicle
Published 2021-09-01“…The author has accomplished the analysis of the caselaw of the European Court of Human Rights on the grounds and procedure for conducting an examination or search of a defense attorney’s dwelling or other property. …”
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65
Experience of foreign countries in ensuring procedural guarantees of the rights of participants in criminal proceedings
Published 2024-06-01“…At the same time, there are a number of gaps and inconsistencies in the provisions of the criminal procedure legislation, the gradual elimination of which will allow Ukraine to reach the international level as a state that guarantees each participant in criminal proceedings the protection, defence and exercise of their rights, freedoms and legitimate interests in accordance with European standards, as well as reduce the number of applications to the European Court of Human Rights. Based on the results of the study, and on the basis of a selective analysis of foreign experience of certain countries, the article identifies the existing problematic issues related to the guarantee of the rights of participants to criminal proceedings, and also formulates proposals for improving criminal procedure legislation in this area, using international experience. …”
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66
Application of the principle of retroactivity in ukrainian legislation for commitment of applicable offenses against property
Published 2024-12-01“…In the process of research, it was scientifically substantiated that the criminal procedural legislation of Ukraine as a whole complies with the Fundamental Law of Ukraine and the practice of the European Court of Human Rights during criminal proceedings when changing the punishment for committing criminal offenses. …”
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67
APPOINTMENT OF HANDWRITING EXAMINATION: ANALYSIS OF COURT PRACTICE
Published 2022-12-01“…Attention is focused on the role of the judge in the process of preparing for the examination, in particular, the collection of materials for expert research, the judicial practice regarding the consideration of cases in which a handwriting examination was appointed and evaluated by the court, including court decisions in civil cases, decisions on appointment is analyzed expertise, decisions of appeal courts, as well as the Supreme Court and the European Court of Human Rights. Based on the results of the analysis of court practice, the authors made conclusions, including: 1) an expert's decision is evidence in a civil trial; 2) the court must provide a well-founded motivation for rejecting the expert's decision in the case of failure to provide its assessment, because it is not enough in the decision to indicate certain doubts about the reliability or correctness of the expert's decision, without noting at the same time reasonable grounds for such doubts; 3) the courts take into account the expert's decision based on the results of the handwriting examination as a means of proof and consider it a valid evidence in the case, but there are exceptions; 4) the court decision on the appointment of an expert must necessarily specify the questions that are put to the expert for research; 5) the party in the case has the right to object to the handwriting examination; 6) there are cases of the impossibility of conducting a handwriting examination at the stage of its conduct due to non-payment of experts' services; 7) the most common civil cases, within the scope of which an expert's decision is evaluated as a means of proof, are cases of invalidating a will, collection of funds under a loan agreement and receipt, invalidation of land lease agreements, etc.…”
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68
Some Problems of the Realization of Marital Relation with Foreigners
Published 2021-07-01“…The authors have analyzed the case law of the European Court of Human Rights in regard to the protection of the rights of married women, which has answers to a wide range of problematic issues that arise in certain life circumstances regarding the conclusion of marriage, including with a foreign element.…”
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69
Use of digital data from open sources during the investigation of criminal offenses: certain aspects
Published 2024-06-01“…An analysis of national legislation, national judicial practice, the Berkeley protocol for conducting an investigation using open digital data (hereinafter referred to as the Berkeley Protocol), the practice of the European Court of Human Rights, the International Criminal Court and scientific research, based on which, by means of a synthesis, the basis of the problem was identified. …”
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70
Problematic Issues of Protecting Property Rights from Illegal Actions of Public Authorities
Published 2020-09-01“…Aspects of proportionality of state intervention into the property right of a person in accordance with the standards of the European Court of Human Rights have been analyzed, taking into account the principle of proper administration. …”
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71
MODERNIZATION AND FUNCTIONING OF PRINCIPLES OF CIVIL PROCEDURAL LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION PROCESSES
Published 2024-05-01“…The review of the revised provisions in terms of the functioning and implementation of the principles of civil procedural law makes a positive impression in terms of compliance with the latest requirements of the practice of the European Court of Human Rights. Renewal of approaches to the understanding of the essence of some principles of civil justice led to the formation of new doctrinal conclusions on the basic meaning of such principles and their interaction.Summary of the main results. …”
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72
Міжнародно-правові механізми забезпечення прав людини в умовах збройної агресії
Published 2025-01-01“…Акцентовано увагу на трьох інстанціях, які у відповідь на звернення кваліфікованих юристів-міжнародників, здатні справедливо реагувати на порушення прав та інтересів нашої держави та її громадян: Європейський суд з прав людини (European Court of Human Rights), Міжнародний Суд ООН (International Court of Justice), Міжнародний кримінальний суд (International Criminal Court). …”
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73
Problem of Description of the Characteristic Features of Discrimination in the Labor Sphere
Published 2020-12-01“…While analyzing legal literature, regulatory base, international legal acts and the judgments of the European Courts of Human Rights the author has established and revealed the features of discrimination in the labor sphere. …”
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