Suchergebnisse

The importance of the rule of law for the functioning of a democratic state makes this research topic relevant. The study aims to examine the principle of impartiality as one of the key principles of legal procedures, define its place in the provisions of international treaties, international legal acts, and the legislation of Ukraine, and study its interpretation in practice of the European Court of Human Rights. The main research method we used in the article was the formal-legal method, which allowed us to ana-lyze the legal framework of international law, court practice, and the legislation of Ukraine. This, in turn, helped us to examine the level of legal regulation on the principle of impartiality and find out cer-tain gaps. The article explores the practice of the European Court of Human Rights and, on its basis, substantiates as the conclusion the importance of the principle of impartiality in judicial activity. More-over, having analyzed the legislation of Ukraine, we revealed the need to refine the consolidation of the principle of impartiality and its detailed interpretation in regulatory legal acts, in particular, the Law of Ukraine On the Judiciary and Status of Judges. The practical significance of the article is to prepare the basis for amendments to the legislation of Ukraine.

There is an area of knowledge, in accounting, called forensic accounting, which studies and analyzes accounting issues in judicial, extrajudicial and arbitration proceedings. The purpose of the expertise is to assist in the resolution of conflicts generated between individuals and legal entities. The issues raised can be clarified through the Accounting Expert Report, a document in which the evidence is inserted, in the form of a report, carried out by professionals in the accounting area. The work carried out by the accounting experts is based on accounting standards, expert standards and current legislation, aiming to meet what was proposed by the judge or the parties, seeking to show the content in a simple way, generating accounting understanding for those involved in the process, which makes it essential for the judge to make a neutral and transparent decision. It is concluded through interviews that the role of expert accountants before the court is important, to assist in the judgment of lawsuits.

The Court Jurisdiction and Proceedings Transfer Act might easily have been two statutes rather than one. There could have been a pair of uniform acts, one delineating the territorial competence of the provinces' superior courts and the other implementing a regime for the cross-border transfer of court proceedings. After all, these two matters are neither logically interdependent nor especially tightly linked. Part 3 of the CJPTA, dealing with transfers of proceedings, is not confined to lawsuits where the initial court takes jurisdiction under Part 2. It applies regardless of whether the initial court bases its jurisdiction on the CJPTA or on some other legislation, such as a specialized family law statute. Indeed, it applies when the transferring court does not have territorial competence at all. While the matters dealt with, respectively, in Parts 2 and 3 of the CJPTA certainly fall within the broad domain of private international law, they are no more closely affiliated than other fields where the CJPTA's progenitor, the Uniform Law Conference of Canada ("ULCC"), elected to deal with matters in discrete statutes. For example, the ULCC chose to address cross-border enforcement by drafting separate uniform acts dealing with recognition of (1) Canadian civil judgments, (2) foreign-country civil judgments, (3) international arbitral awards, (4) foreign subpoenas, (5) foreign maintenance and custody orders, (6) foreign child welfare orders, and (7) foreign judgments based on a contract containing an exclusive forum-selection clause. In short, the ULCC has not been in the habit of drafting sweeping, comprehensive uniform acts but rather has elected to advance in increments. It has been a splitter, not a lumper.

According to the Georgian Civil Procedural Code, evidence is information received in legal way, based on which parties protect their rights and legal interests. Physical and juridical persons protect their civil rights in the court. They establish their suit demands on facts which can be proved by means of evidence. So, evidence has great role in the civil process. There are a lot of cases when a party has significant advantage against an opponent, foreseeing material law norms, though his/her suit demand is possible not to be satisfied in the discussion of the case, reasoning not having enough and real evidence, as civil legislation imperatively defines, that each party should prove circumstances on which he/she establishes their demands counterclaim, parties themselves define which facts should be based on their demands or by which evidences these facts should be proved. In the given case, the aim of our research is to study the evidence the party's explanation, as an evidence in the court practice, is evaluated in the court, how homogeneous the court practice is in relation to this issue and what kind of flaws we have in this aspect.

The article deals with the problems of family mediation in the judicial process. Currently, the settlement of family law disputes is an urgent problem of theory and practice. The development of legislation, social, legal and economic relations, as well as various crisis phenomena, contribute to an increase in the number of civil cases in the courts. Resolution of disputes, the participants of which cannot independently come to a compromise, rests with the courts, but also the fact that the decisions taken by the court are not always the most suitable for the parties to the dispute. The importance of family mediation is that the mediator – a specialist with expert knowledge in the field of family psychology and law, helps to minimize the negative consequences of such disputes or to resolve the conflict and achieve reconciliation of the parties to the dispute. Despite the growth of conciliation procedures in recent years, their demand is still quite low for a number of subjective and objective reasons.