Court of Appeal

The article examines reforms of the labor legislation of Ukraine from the point of view of their compliance with international and constitutional norms, particularly the principles of the ILO and EU directives. A theory under consideration argues that decent work should serve as the foundation of social justice policy in a democratic state. The study emphasizes the importance of balancing the interests of employers and employees in the process of aligning Ukrainian labor legislation, particularly the draft Law “On Labor”, with EU standards. It also analyzes state regulation of employment and labor migration in order to clearly define the roles and funding sources of employment institutions. The article highlights the need to update the Law “On Employment of the Population”. Scrutiny is invited of legislative initiatives that could undermine Ukraine’s legal commitments and weaken both trade union institutions and democratic labor discourse.

The author has studied the amendments and supplements made to the RA Law “On Mediation”, which relate, among other things, to the introduction of the institution of mandatory mediation aimed at the settlement of family disputes, as well as parallels have been drawn with the amendments made to the RA Family Code and the RA Civil Procedure Code in line with these amendments. In the process of creating the work, both foreign literature (also available via electronic links) and domestic and international legal practice were used. The issues raised by judges in practice were also taken into consideration. The author has resolved the legislative gaps in the introduction of mandatory mediation, presented some observations related to the extrajudicial procedure of mandatory mediation, and made proposals for legislative amendments to both the RA Family Code and the RA Civil Procedure Code. As a result of the conducted studies and analyses, the author came to the conclusion that it is necessary to make legislative amendments to Part 2 of Article 68 of the Family Code of the Republic of Armenia, Part 1 of Article 69 of the Family Code of the Republic of Armenia, as well as to consider the grounds for returning the claim in case the procedure for resorting to mandatory mediation before applying to court in accordance with the procedure established by the RA Law “On Mediation” with disputes arising from civil, family, labor, and in cases provided for by law, other legal relationships, as well as to consider Article 127, Part 1, Point 3 of the RA Civil Procedure Code as a basis for the return of the claim, establishing a legal opportunity to correct such a defect and re-submit the claim to the court.

Abstract The right to private life is one of the fundamental human rights, protected in particular by the constitution and international human rights mechanisms. This paper analyzes the concept, importance and challenges of the protection of this right in the constitutional practice and that of the European Court of Human Rights (ECHR). Within the framework of the Constitution, the right to private life means the protection of personal data, family life, home and communications of the individual against unauthorized interference by the state or third parties. The protection of this right has been extended in a number of provisions of the Constitution, namely Article 35 (protection of personal data), Article 36 (freedom and secrecy of correspondence) and Article 37 (inviolability of residence). Meanwhile, in the practice of the ECHR, this right is closely linked to the principles of the protection of privacy and the right of the individual to personal freedom. However, key challenges include balancing the right to privacy and state security needs, technological developments that increase the risk of privacy breaches, and differing court positions in different cases. In this paper we aim to analyze the role of courts in guaranteeing this right, as well as the impact of ECtHR practice on domestic legislation and international standards. Finally, the need for a careful balance between the right to private life and public interests is emphasized, ensuring effective protection of individual rights in the digital and global age.

Abstract Family law, as corpus of rights and obligations, also regulates relationships arising from marriage and not only. Marriage is one of the earliest institutions, which has served as the basis for the creation of the family and social relations. During the marital relationship, the mutual rights and obligations of the spouses towards each other and the family arise. The dissolution of the marriage ipso iure terminates these mutual rights and obligations, but on the other hand, it brings about a series of legal consequences of a personal and property nature. Dissolving a marriage is a difficult process, both emotionally, psychologically and financially, and is often accompanied by tensions between spouses and children. In these circumstances, in order to protect certain fundamental rights, the law provides for certain temporary measures that can be taken by the court during the process to guarantee these rights. This paper will analyze each of these measures, addressing their importance and necessity during the process of dissolution of marriage. Despite the fact that the law provides for these measures exhaustively in a single provision, what is noticeable is that in practice there are different positions regarding their implementation. In many cases, the courts treat them as a lawsuit in a separate process and in other cases their decision-making goes beyond what is provided for in Article 139 of the Family Code. In order to have an easier and more effective process for the parties, it is important to have a consolidated judicial practice and a uniform application of the law, based on the principle of legality. As a result, the paper will be enriched and analyzed with practical cases and will identify the problems encountered in the adjudication and implementation of interim measures, which during their implementation in practice in many cases have lost the purpose provided for in the law. Finally, the aim is to present the conclusions reached, based on the analysis and judicial practice.

This paper examines the doctrine of informed consent within the Ghanaian healthcare system, interrogating the significant disconnect between its progressive enactment and the practical realities of its implementation. The claim made in the paper is that the complex legal doctrine of informed consent, when transplanted into Ghana’s healthcare system, reflects modern patient-centric standards from advanced jurisdictions, yet remains largely theoretical in Ghana. This shortfall is evidenced by a complete absence of judicial precedents and direct jurisprudence on informed consent, amid persistent systemic and socio–cultural barriers. Using a doctrinal research methodology coupled with a socio-legal contextual analysis, this paper analyses primary and secondary legal sources to establish the challenges encountered in implementing the doctrine of informed consent. Although informed consent, as outlined in Ghanaian law, reflects the context in which it has been used and applied in advanced countries, systemic challenges, evidenced by recent data on literacy rates and inadequate doctor-to-patient ratios, are identified as hurdles that render the practical application of the doctrine of informed consent largely aspirational. Ghana’s doctor-to-patient ratio falls below the World Health Organisation recommended ratio of 1:1,320. The paper concludes that for informed consent to transition from rhetoric to reality in Ghana, a modified framework of contextualised informed consent is required. This paper proposes measures such as the development of standardised consent protocols for low-literacy populations, the formulation of official guidelines for navigating familial involvement in decision-making, and the introduction of comprehensive language policies in the training of health professionals and medical interpreters.

My goal this evening is first to reflect upon Talbot Smith's life as an unusual and gifted person and second, to underscore his career not so much as the judicial giant he was, but as a tremendous witness and teacher to all mankind.

Abstract This article discusses another means of protecting the ocean to that of the London Convention regime, which prohibits or restricts the dumping of waste at sea, namely through compensation under the existing liability and compensation regimes relating to the spills of oil and other hazardous and noxious substances. Some main features of the existing liability regimes relating to ship-source spills – namely spills from oil tankers, spills of bunker oil from other ships and releases of other hazardous and noxious substances – are presented and their advantages and weaknesses are discussed.