List of articles and information about the authors

P. p.

A WORD TO THE READER

7-8

Debra Stephens

INDEPENDENCE AND ACCOUNTABILITY OF THE JUDICIARY IN THE AGE OF POLARIZED POLICY

The is revealed the issue of independence and accountability of the judiciary by the example of the courts of the state of Washington (USA), in particular the Supreme Court of the state, whose judges are elected in non-partisan elections in the state district (9 judges in total). The concept of independent judiciary is based on the concept of branches of government. According to the author, today the judiciary in the United States feels truly independent. This is facilitated by the traditions laid down by Thomas Jefferson.

9-16

Angelika NUSSBERGER

 THE CONCEPTUAL PRINCIPLES OF THE INDEPENDENCE OF THE JUDICIARY IN A DEMOCRATIC SOCIETY

The author, a member of the Venice Commission of the Council of Europe, a former judge of the European Court of Human Rights, seeks to formulate the principles of independence of the judiciary in a democratic society. And, with the rest, what are these principles? It is imagined, it is a question not every judge will answer on that. How specified, during the last years the Venice Commission of the Council of Europe and the EU Commission been trying to develop formal rules to understand what it means to be an independent judge? But such formal norms and structural principles - far not all, the author of the article considers.

17-24

Nina BETETTO

ACCESS IN COURT OF APPEAL INSTANCE AND APPEAL FILTERS ARE IN THE LIGHT OF COUNCIL OF EUROPE STANDARDS

The primary purpose of this report is to facilitate the transition to the unification of jurisprudence in the Ukrainian courts of cassation in order to avoid their transformation into a "third" national instance and to allow them to focus on cases that deserve consideration on the merits. The  author carried out the review of criteria, applied ECHR for confession of statement unacceptable in accordance with a point 3 (b) articles of a 35 Convention on human rights, and farther considered legal practice, Court set that the contradictory decisions of national courts violated the requirement of providing of the fair judicial hearing, envisaged in the point of a 1 article of a 6 Convention. In a report the criteria of selection are generalized in relation to access in the Supreme court (court of cassation) from the point of view of comparative right with the special accent on experience of Germany and Slovenia. Based on comparative good practice and European standards, recommendations are provided on the selection criteria that can be used by the Court of Cassation in Ukraine to identify cases of significant public interest in the light of restrictions on access to courts of cassation.

25-49

Hanna YUDKIVSKA

THE DEVELOPMENT OF THE DOCTRINE OF HUMAN RIGHTS PROTECTION IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

The author raises several important issues in this publication,. All of them are taken from the case law of the European Court of Human Rights. These are topics: lustration, disciplinary proceedings against judges, legitimacy of justice and evidence obtained as a result of provocations. All these topics are considered from the standpoint of ECtHR practice.

50-62

Viktor HORODOVENKO

CONCLUSIONS OF THE ADVISORY COUNCIL OF EUROPEAN JUDGES AND THEIR REFLECTION IN JUDICIAL PRACTICE

The report is sanctified to activity of Consultative advice of the Advisory Council of European Judges, its role and principles of work. In particular, the issues of "force" of the ACEJ conclusions are covered, as well as the process of application of its conclusions by Ukrainian courts.

The questions of methodology of work of the Advisory Council of European Judges are thoroughly illuminated, and yet is  a question of corruption among judges, that is examined through the prism of conclusions of the ACEJ, in a wide value.

63-67

Hanna KHRYSTOVA

POSITIVE COMMITMENTS OF THE STATE IN CONFLICT CONDITIONSAND INTERNAL MOVEMENT

The report analyzes the types and features of the positive obligations of the state in the light of the established practice of the European Court of Human Rights, based on the latest approaches to understanding human rights, Maintenance, volume and limits of such obligations, are characterized taking into account freedom of discretion of the state and principle of proportion. Considering current challenges, going is examined near the positive obligations of the state in the special terms and the typology of such obligations is offered in the situations of the armed conflict and internal moving. There are demonstrated the unity of principles and approaches to the positive obligations of states in peacetime and public danger threatening the life of the nation is, and the role of national courts in ensuring their implementation is defined.

68-89

Jeremy McBRIDE

ECHR STANDARDS OF EVIDENCE AND THE BURDEN OF PROOF

The report focuses on the standards of proof established by the European Court of Human Rights in its case law on the application of the Convention for the Protection of Human Rights and Fundamental Freedoms in criminal proceedings. It covers requirements arising not only from the right to a fair trial under Article 6 of the ECHR, but also from the prohibition of torture, inhuman and degrading treatment provided for in Article 3 of the Convention and the right to respect for private and family life, to their home and correspondence in accordance with Article 8. The author addresses issues such as the approach to the burden of proof in proceedings, standards of evidence for prosecution, the use of indirect evidence and the testimony of pre-trial witnesses, the approach to be taken in relation to evidence provided by the police, and the inadmissibility of certain evidence.

90-102

Iryna KUSHNIR

APPLICATION OF ECHR AND ECHR PRACTICE IN ADMINISTRATIVE JUDICIARY. RECENT JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS v. UKRAINE

The report provides an in-depth review of the rulings of the European Court of Human Rights on Ukraine and some other cases in which the ECtHR clearly motivates its decision and expresses a specific position. The value of such an analysis for judges is indisputable, as it refers, in particular, to court decisions that have not been translated into Ukrainian. That is, it is a valuable source of legal positions of the ECtHR and the application of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms.

103-113

Lado CHANTURIA

 JUSTIFICATION OF JUDGMENTS AND "BALANCE OF RIGHTS" IN CIVIL CASES IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

The author formulates and answers the standard question: does the Strasbourg court look at the standard questions of the validity of court decisions when considering decisions of national courts in civil cases? As noted in the article, decisions of national courts quite often lack justification. However, if the decisions of national courts are "manifestly unfounded", the Strasbourg court will try to find a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms.

114-122

Pavlo PUSHKAR

JUDICIAL RULES IN THE ACTIVITIES OF THE COURTS OF CASSATION OF EUROPE: CURRENT ISSUES

There is meaningful and philosophically multifaceted report, it is not only about judicial rule-making and law-making, but, importantly, about the culture of this rule-making and many other aspects of judicial activity. Touching on certain aspects, the author does not do so outright, but refers to the specific practice of the ECtHR and other courts, in particular the "fashion legislator" of the EU rule-making activity - the Court of Cassation of France.

123-133

ONLINE CONFERENCE "ENSURING THE UNITY OF JUDICIAL PRACTICE: LEGAL POSITIONS OF THE GRAND CHAMBER OF THE SUPREME COURT AND STANDARDS OF THE COUNCIL OF EUROPE" agenda

134-137

Valentyna DANISHEVSKA

WELLCOME SPEECH

138

MYKOLA ONISCHUK

WELLCOME SPEECH

139

Hanne YUNKER

WELLCOME SPEECH

140-142

Olena LYTVYNENKO

WELLCOME SPEECH

143-144

Valentyna DANISHEVSKA

THE PRACTICE OF THE GRAND CHAMBER OF THE SUPREME COURT: INFLUENCE ON THE LEGAL SYSTEM

The speech is devoted to European standards for ensuring the unity of judicial practice, namely, how unity is achieved and whether it is and can be absolute. The components of proper case law formation are presented, with an analysis of approaches to solving this problem in two legal systems - in the countries of Anglo-Saxon and continental law. It is also about the dialectic of the unity of judicial practice and ensuring its development.

145-154

Vsevolod KNYAZEV

GRAND CHAMBER OF THE SUPREME COURT: ACHIEVEMENTS AND FURTHER TASKS

The rapporteur actually summarizes the three-year work of the Supreme Court and its Grand Chamber. Emphasis is placed on existing issues, including legislation. In particular, as noted, the Supreme Court in recent years has sought to convince the legislator of the need to amend procedural law, so that the Grand Chamber itself determines which cases to consider.

155-164

Lorena BACHMAIER

IMPROVING ACCESS TO JUSTICE IN UKRAINE: ELIMINATION OF PROCEDURAL OBSTACLES AND ENSURING THE RIGHT TO AN IMPARTIAL COURT

The rapporteur attributes the improvement of access to justice to the minimization of conflicts of jurisdictions. The examples of specific decisions of the European Court of Human Rights, including decisions related to Ukraine, show the causes of such situations and ways to avoid them.

165-169

Nina BETETTO

APPROACHES TO DETERMINATION OF CASES OF MINOR COMPLEXITY AND CASES OF SIGNIFICANT PUBLIC INTEREST OR EXCEPTIONAL SIGNIFICANCE FOR THE PARTICIPANT OF THE CASE IN THE CONTEXT OF ACCESS TO THE COURT OF CASSATION: THE PRACTICE OF THE SUPREME COURTS OF THE STATES PARTICIPATING IN THE COUNCIL OF EUROPE AND THE EUROPEAN COURT ON HUMAN RIGHTS

Based on the case law of the Supreme Court of the Council of Europe, the rapporteur examines the admission of cases to the courts of cassation, and the relationship between the continuity of the case and the individual's right to a fair trial. The author refers, in particular, to the experience of Germany. According to the rapporteur, the cassation review of cases is necessary in exceptional cases, in particular when it is said that such a review will contribute to the development of the law or its interpretation.

170-173

Larysa ROGACH

THE APPLICATION OF THE PROVISIONS OF THE PROCEDURAL CODES REGARDING THE REASONS FOR THE TRANSFER OF THE CASE TO THE CHAMBER, THE JOINT CHAMBER OR THE GRAND CHAMBER OF THE SUPREME

Today in Ukraine there is a certain practice of transferring cases, as provided by the legislator, to the Chamber, the Joint Chamber and the Grand Chamber of the Supreme Court. At the same time, there are situations where the functional chamber, in particular the Joint Chamber, is unable to consider the matter referred to it, or the Grand Chamber is unable to consider the issue because the legislator has delegated these powers to the Chamber or the Joint Chamber. to existing practice. The speaker seeks to understand these issues.

174-177

Olena KIBENKO

THE INFLUENCE OF THE DECISIONS OF THE GRAND CHAMBER OF THE SUPREME COURT ON LEGISLATION ACTIVITY

The report analyzes the activities of the Grand Chamber of the Supreme Court over the past three years and highlights the decisions that led to the emergence of new legislation. In making such decisions, the author seeks to answer the questions that always arise, namely: whether the court interfered in the plane of the legislator, whether it did not change any of the rules at its discretion, or did not adopt a new rule instead of the legislator. On the example of three cases, it is concluded that such an approach of the Supreme Court is justified, at least in order to "adjust" the legislator to improve the relevant rules, making the laws better.

178-181

Oleg TKACHUK

ENSURING THE SPECIALIZATION OF JUDGES AND JUDGES IN THE GRAND CHAMBER OF THE SUPREME COURT

There is no single approach to disclosing the content of the principle of specialization of the judiciary in the scientific literature. Most scholars reveal its essence by pointing to the creation and functioning of specialized courts, as well as the existence of internal specialization of judges. Specialization is a component of the standard of accessible justice. It is a form of social relations that manifests itself in the narrowing of human activity, in limiting functional parameters, and in concentrating and mobilizing its efforts in a clearly defined direction, which together allows to solve problems quickly, efficiently and at the lowest cost. The author of the article marks that principle of specialization in-process Large Chamber of Supreme Court operates only conditionally, we must admit that in this case or there is violation of legislative binding overs about distribution of principle of specialization on all courts, or rethink a value, task and place of Large Chamber of Supreme Court in the judicial system of Ukraine.

182-188

Dmytro GUDYMA

WHAT LEGAL RELATIONS ARE SIMILAR? (TO THE QUESTION OF APPLICATION SOME NORMS OF PROCEDURAL RIGHTS)

The questions of application of some norms of judicial right are examined in a report, opens up, what legal relations are similar. A legislator all anymore orients us in the direction of that positions were formulated identically within the framework of similar legal relations. Application of subject, objective and rich in content criteria simultaneously for the decision of such similarity hardly is acceptable and expedient. A rich in content criterion in every case must prevail subject and objective, exept for the cases when normative binding overs are certain special whether that for the certain circle of subjects, or for the certain objects of legal relations.

189-205

Olena SYTNIK

FAMILY DISPUTES: A QUESTION OF JURISDICTION

During all past years between administrative, economic and civil courts there were conflicts of jurisdictions. In this report an author is set by a question more certain: about jurisdiction of spores with participation of farms. This question is analysed, leaning on practice of Large Chamber of Supreme Court.

206-215

Oleksandr PROKOPENKO

THE PRACTICE OF THE GRAND CHAMBER OF THE SUPREME COURT IN ADMINISTRATIVE CASES: WHICH CONSTITUTE AN EXCLUSIVE LEGAL PROBLEM; WHICH HAVE BEEN TRANSFERRED TO DEVIATE FROM THE PREVIOUSLY PRESENTED CONCLUSIONS ON THE APPLICATION OF LAWS IN SIMILAR LEGAL RELATIONS

The report analyzes the work of the Grand Chamber of the Supreme Court to consider this category of cases. The author provides a list of cases in which specific decisions have been made. In general, we can say that this article is a look at the work of the Armed Forces, so to speak, from the inside.

216-220

Oleksandr ZOLONIKOV

PRACTICE OF THE GRAND CHAMBER OF THE SUPREME COURT OF CASES CONCERNING DISCIPLINARY RESPONSIBILITY OF JUDGES

The author analyzes in detail, citing relevant facts, the practice of consideration by The Grand Chamber of the Supreme Court of cases concerning disciplinary liability of judges. These are complaints against the decisions of the High Council of Justice, adopted as a result of consideration of the complaint against the decisions of the Disciplinary Chamber of The High Council of Justice. Relevant statistics are given, as well as specific facts of consideration of such cases of The Grand Chamber , The Supreme Court, the existing problems of this process are indicated.

221-225

Nataliia ANTONYUK

CONCLUSIONS ON CRIMINAL LAW STANDARDS IN THE DECISIONS OF THE GRAND CHAMBER SUPREME COURT

Ukrainian procedural law contains a number of cases in which proceedings are referred to the Grand Chamber of the Supreme Court. This is done when a panel (chamber, joint chamber) deems it necessary to deviate from the conclusion on the application of the rule of law in such legal relations, set out in a previously adopted decision of the Supreme Court of panels of judges (chamber, joint chamber of another court of cassation). This report is dedicated to law enforcement.

226-229

Oleksandra YANOVSKA

CANNOT BE CHANGED: REVIEW OF JUDGMENTS IN CRIMINAL PROCEEDINGS OF THE GRAND CHAMBER OF THE SUPREME COURT IN EXCEPTIONAL CIRCUMSTANCES

The report is devoted to the topic of review of court decisions in criminal proceedings in exceptional circumstances. As the author reminds, Article 459 of the Criminal Procedure Code of Ukraine provides for several such circumstances, which are called exceptional. As the author reminds, Article 459 of the Criminal Procedure Code of Ukraine provides for several such circumstances, which are called exceptional. As the author reminds, Article 459 of the Criminal Procedure Code of Ukraine provides for several such circumstances, which are called exceptional.

230-240

Pavlo PUSHKAR

THE INFLUENCE OF EUROPEAN PRACTICE COURT OF HUMAN RIGHTS TO COURTPRACTICE OF NATIONAL COURTS: METHODOLOGICAL ASPECTS OF FORMATION CONSTANT AND CONSISTENT PRACTICENATIONAL COURTS ON THE GROUNDSECHR DECISIONS AND REQUIREMENTS REGARDING IMPLEMENTATION OF HIS DECISIONS

An author considers above the problem of forming of unity of judicial practice at national level, proving that it a mathematical construction" did not "become, but "living" experience of the proper judicial activity.

The sources of its formation are the practice of the European Court of Human Rights, decisions of national higher courts, etc. At the same time, the author warns that ensuring the unity of judicial practice should not be an end in itself, but rather a method of improving the judiciary to restore confidence in the judiciary.

241-247

Tetiana FULEY

DECISION OF THE GRAND CHAMBER OF THE SUPREME COURT: URBI ET ORBI

The speaker analyses the reformative achievements of judicial reform for the last years, in particular in relation to activity of Supreme Court. At the same time, her view of these processes is positive. Among the positive developments in the work of the Supreme Court there are many different innovations, which is good, the author is convinced. According to her, "an essentially new composition of the Supreme Court due to the influx of" fresh blood "with scientific and legal background could not help but affect the quality of court decisions."

248-257