Примирення сторін в адміністративному судочинстві України: аналіз судової практики та перспективи розвитку

This research project explores the implementation of alternative dispute resolution (ADR) programs within the broader rule of law program context. A case study is presented using field research and primary sources of one well-developed ADR country, Qatar. In particular, Qatar showcases how arbitration and mediation are being used as positive means of resolving legal disputes and working towards better administration of justice. ADR has been introduced as a method that offers newly-developed mechanisms and alternatives that greatly assist judges, barristers and legal experts in expediting legal cases, finding creative legal ways to solve court issues and facilitate the unclogging of institutional bottlenecks that usually characterize the Arab legal systems. As such, Qatar's example may have the potential to serve as a template for other MENA countries that are embarking on their own rule of law reforms, since it is perceived as model nation in the region (in terms of spearheading the adoption of ADR laws). However, ADR laws in the region as a whole, remain relatively undeveloped despite the existence of a supportive legal framework. My research would analyze the current legislative framework of ADR within MENA countries, with a focus on Qatar - given ADR advancements there, particularly the dispute settlement procedure and administration of justice. The research presents an important opportunity to consider the impact of ADR law on expanding access to justice, reducing burdens on court systems, introducing greater flexibility and creativity to the dispute resolution process, and opening avenues for conciliatory resolutions. Through the country case studies, this research seeks to place within the context of rule of law development, the use of ADR to increase access to justice and extend more widely the protections and benefits of the rule of law for advancing administration of justice by complementing the work of the formal justice system. Its essence is that it gives an in-depth look on the current ADR development challenges facing the Arab region and its future development as a means to resolve legal disputes, in accordance with national and traditional standards.

Introduction. The relevance of the topic is due to the fact that in economic, legal and judicial practice problems arise with the qualification of contractual legal relations for the provision of paid services. Often, actions for the transfer of energy and energy resources (energy supply contracts), actions for the performance of work (contract agreements) are qualified as services. Such features of contracts for chargeable services as their public nature are not taken into account. Citizens-customers are not recognized as consumers, as a result of which claims for compensation for moral damage are not satisfied; even in cases of correct qualification, the general provisions on work contracts and the rules on household contracts do not additionally apply. In scientific works and sections of textbooks, when characterizing contracts for chargeab le services, the characteristics we have named are not considered in their entirety. Materials and Methods. The materials for the study were the norms of civil legislation of the Republic of Kazakhstan and the Russian Federation on contracts for chargeable services, materials of judicial practice and the positions of scientists on the topic under consideration expressed in the doctrine. Among the methods of scientific research, both general scientific and specific scientific ones were used, including the formal legal method and the method of comparative law. Analysis. The study is based on the analysis of general provisions on contractual obligations for the provision of chargeable services using examples of their presentation in the Civil Codes of the Russian Federation and the Republic of Kazakhstan. The author’s justification for combining a big array of contractual structures in one small chapter of the Civil Code is given. When considering the civil law characteristics of contracts for the provision of paid services, the author provides examples of judicial practice to confirm theoretical provisions, as well as the positions of various scientists on the issues under consideration. Issues about the public nature of many contracts for the provision of chargeable services are considered, the need to apply to many contractual structures the rules on work contracts and household contracts in particular, as well as the application of legislation on the protection of consumer rights in legal relations with the participation of individual customers is substantiated. Results. Conclusions are drawn about the public nature of many contracts for the provision of chargeable services, providing grounds for additional protection of the rights of customers. The important theoretical and practical significance of the rules on the application of contract provisions to contracts for the provision of chargeable services is noted. The position is substantiated on the recognition of customers-citizens purchasing services for personal, household and other consumption not related to production / entrepreneurship as consumers and the application of relevant legislation to them, including the right to compensation for moral damage.

Provision of Immediate Conduction of a Medical Examination of a Person as a General Duty of a Judge for the Protection of Human Rights in Aspect of Article 206 of the Criminal Procedural Code of Ukraine

One of the fundamental goals of the legal state is the unwavering protection of basic human rights, among them, legal security and the guarantee of judicial protection of the rights. The preventive remedies of protection of a person’s Right in administrative court proceedings, as well as in generally Administrative Law, it is to give a special importance as the result of which the legal relationship arising between the physical person and administrative body based on Administrative Legislation is regulated and in turn, it is a guarantee of the protection of the plaintiff’s right for the implementation of an effective justice in the future. The problem of Delayed justice, which has a negative impact in economic, political and social perspective, an ‘’immediate react’’ need to be found in response.[1] The first part of article 31 of the Constitution of Georgia provides a person with the right to apply to the court for the protection of his rights, as well as the right for the fair and timely adjudication of the case. [2] The present paper examines the peculiarities of one of the measures of preventive protection of the right – The Institution of Temporary Ruling and the prerequisites for its use by the common court, as well as the current legal reality in terms of judicial practice. The paper also presents the research of the Institute of Temporary Ruling from a comparative legal point of view on the examples of Germany, France, Estonia and the United States of America. The paper analyzes mechanisms of legislative regulation in above mentioned countries and the approaches established in the theory regarding the Institution of Temporary Ruling. [1] Sierra de la S., Provisional Court Protection in Administrative Disputes in Europe: The Constitutional Status of Interim Measures Deriving from The Right to Effective Court Protection. A Comparative Approach, European Law Journal, [Vol 10]1, 2004, 42. [2] The first part of article 31 of the Constitution of Georgia, The Legislative Herald of Georgia, 24.08.1995, (in Georgian).

The article examines the institution of civil liability for violations of intellectual property rights in Ukraine within the context of broader European integration processes. Taking into account the requirements of the European Union regarding the protection of intellectual property rights, the study analyzes how national legislation is being transformed to ensure more effective legal enforcement. Special attention is given to the increasing number of violations in the field of copyright, patent rights, utility models, industrial designs, and trademarks, which necessitates the development of a clear, efficient, and unified mechanism of civil liability. The paper emphasizes the specific features of this type of liability, namely its predominantly pecuniary nature, as well as its function not only as a means of compensation but also as a preventive tool contributing to legal discipline in the field of intellectual law. The text provides a thorough comparative analysis of the provisions of the Civil Code of Ukraine and sector-specific laws, such as the Law «On Copyright and Related Rights,» the Law «On the Protection of Rights to Marks for Goods and Services,» and the Law «On the Protection of Rights to Inventions and Utility Models,» which establish special legal liability mechanisms. The author notes that when the exact amount of damages cannot be proven, other forms of monetary compensation may be applied, as determined by the court within statutory limits. The role of compensation for moral damage is also examined, which is particularly relevant when personal non-property rights – such as the right of authorship, the right to a name, or the integrity of the work—are violated. The article explores procedural challenges related to evidence gathering: difficulties in establishing a causal link between the offender’s actions and the consequences, substantiating the amount of lost profit, and identifying the moment of infringement. The author outlines a number of specific civil remedies that, although pecuniary in nature, are aimed at eliminating the source of infringement – such as seizure and destruction of counterfeit goods, confiscation of equipment used to produce illegal content, and publication of court decisions to restore the author’s or right holder’s reputation. The author substantiates the need to optimize Ukraine’s mechanism of civil liability in this area by establishing specialized intellectual property courts, implementing digital tools for detecting and documenting violations, and unifying judicial practice regarding compensation amounts and standards of proof. The development of these areas will enhance enforcement efficiency, ensure a fair balance between the interests of rights holders and bona fide users, and strengthen public trust in the intellectual property protection system. Thus, civil liability serves not only as a means of restoring violated rights but also as a key guarantee of legal order and a stimulus for innovative development.

Since Bozizé led the CAR from March 15, 2003, to March 24, 2013, there has been resistance from some of the rebel forces. The rebellion continues because of the economic and political weaknesses in the CAR government. One of them comes from an opposition coalition known as Séléka who staged a rebellion in 2013 with the aim of overthrowing the Bozizé regime. After the fall of Bozizé, CAR's condition has worsened because Séléka rebels have committed gross human rights violations in the CAR. This is where the conflict develops from the conflict that was originally just a conflict of government-opposition, then widened and turned to religious conflicts. As a result, questions arise about the efforts and involvement of third parties in conflict resolution within the CAR and the social impacts of the conflict. This article attempts to answer questions which focuses on the involvement of third parties as peacekeepers in conflict areas. In this case, the authors use qualitative research methods in the form of literature studies such as books, journals, and scientific articles in supporting the final explanation. The result of this paper shows that the failure of Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) as a peacekeeping force in the conflict in CAR in 2013-2015 is caused by human rights violation in the form of sexual exploitation. This has had a social impact on the lives of communities, especially women and children, suffer from physical and mental trauma resulting from conflict and become victims of human rights violations committed by MINUSCA.

Third parties are special subjects in the civil process. Misunderstanding of their legal personality and their role in civil proceedings may undermine the basic principles of legal proceedings regarding the participation of third parties and the individual procedural mechanisms of civil proceedings, in particular in a simplified lawsuit procedure. A simplified lawsuit procedure is a new mechanism for consideration of civil cases. By which cases are dealt more quickly and with less procedural action. The purpose of this mechanism is to simplify the consideration of the case in the court. Third parties add difficulty in achieving this purpose by becoming procedural subjects in the case under consideration of the simplified procedure. In particular, the involvement of third parties in the case under simplified lawsuit proceedings is quite controversial. After all, the third parties claiming independent claims have their own legal interests, different from the interests of the parties. They claiming independent claims for the subject of the dispute and they enter the litigation as another claimant. At the same time, they materially and procedurally complicate the consideration of the case on the merits in court. The court simultaneously considers two claims - the plaintiff and the third party. Even in the event of a settlement agreement between the plaintiff and the defendant, the third party has the right to consider its legal claims by the court and further appeal the case. Also, it is practically impossible for third parties who file separate claims for a dispute to properly defend their rights in simplified lawsuit procedures. On the other hand, participation in the case of third parties who do not make separate claims for a dispute in the simplified lawsuit proceedings is negligible and formal. Such persons have no legal interest in the subject matter of the claim. Often, there is no need to involve them in court proceedings. However, due to misunderstandings by the legislature of the legal personality of third parties who do not make separate claims for a dispute, the judges involve them in the case in a simplified lawsuit procedure. Practical research combined with a theoretical basis on the involvement of third parties in the simplified lawsuit procedure will highlight the relevant regularities, understand their role in simplified procedures, and examine the effectiveness of a simplified lawsuit procedure with a third party.

Big data has significant potential value at the present stage, but its civil law regime remains uncertain. Today, big data technologies are inextricably linked with artificial intelligence technologies. In addition, it is impossible to determine the specifics of the legal regulation of the studied relations without solving such an aspect of the problem as the protection of personal non-property rights, since it is information about a person, their preferences, their personal data that acquires independent significance. Difficulties in identifying the features of big data as an object of civil rights are due to the fact that they include not only various types of information, but also technological solutions aimed at its collection, storage, processing and analysis. Based on the conducted research of regulatory sources, judicial practice and doctrine, it can be concluded that the exercise and protection of rights to big data is possible within the framework of relations developing over the results of intellectual activity, in connection with which the use of information included in big data and its processing can be carried out on the basis of license agreements with the copyright holder. If the information obtained as a result of the use of big data technologies is transmitted on the basis of the analysis of the information contained in them, then we can talk about the conclusion of a contract for the provision of services for the provision of information. When determining the civil law regime of big data, it is necessary to maintain a balance of public and private interests. When exercising the rights to big data, the rightholder must respect the personal non[1]property rights of persons whose information eventually forms a large amount of data, including ensuring the confidentiality of personal data, and in case of their dissemination, obtain the consent of the user in accordance with the procedure established by law.

This study aims to examine the practice of asset seizure in credit sales from the perspective of Sharia business ethics. In modern financing systems, seizure is often used as a solution to debtor default. However, this practice is frequently carried out unilaterally and repressively, leading to injustice. The research employs a qualitative approach through a literature study, analyzing Islamic legal literature, fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), positive legal regulations, and case studies of asset seizures in Indonesia. The findings indicate that from a Sharia perspective, asset seizure must adhere to fundamental principles such as justice (al-adālah), public interest (maslahah), trustworthiness (amānah), and the prohibition of oppression (zulm). Seizure should be a last resort, undertaken only after exhausting avenues of deliberation, negotiation, and debt restructuring. In the Indonesian context, gaps remain between regulation and actual practice, especially concerning the involvement of third parties who operate without legal and ethical legitimacy. This study recommends the reformulation of Sharia-compliant financing contracts to ensure fairness, as well as the strengthening of mediation mechanisms grounded in Islamic values for resolving contractual defaults. The findings are expected to provide a conceptual contribution to the development of Sharia business practices that are not only in compliance with fiqh, but also uphold humanistic values.

The Constitution of Ukraine and the Law «On Political Parties in Ukraine» not only define and guarantee the rights of Ukrainian citizens to freedom of association in political parties, but also provide for a comprehensive system of restrictions on the formation and activity of political parties by state authorities, which is fully in line with international the practice of legal regulation of political parties’ status. The purpose and task of the article is to study the problems of banning political parties as a measure of constitutional and legal responsibility under martial law. Art. 5 of the Law «On Political Parties in Ukraine» establishes restrictions on the formation and activity of political parties, which are normative grounds for the constitutional and legal responsibility of political parties. The beginning of the full-scale invasion of the Russian Federation in Ukraine and the introduction of martial law led to radical changes in the regulation and functioning of the institution of political parties. Thus, on March 18, 2022, the National Security and Defense Council of Ukraine adopted a Decision on the suspension of the activities of certain political parties, which was put into effect by the Presidential Decree and for the period of martial law, it was decided to suspend any activities of 11 political parties in Ukraine. It should be noted that in the period from March to May 2022, the Verkhovna Rada of Ukraine changed the grounds for banning political parties four times. Expanding the grounds for applying such a constitutional and legal sanction as banning political parties through the adoption of amendments to the relevant legislation and changing the jurisdiction of such cases were positive steps, which made it possible to quickly respond to the challenges of martial law to prevent the illegal activities of political parties that encroach on the foundations of the constitutional order, territorial integrity and security of the state, promote pro-Russian ideas and justify Russian aggression. The judicial practice of banning political parties in Ukraine is studied. During 2022–2023, decisions were made to ban 18 political parties. It is positive that in the cases of banning political parties, the Administrative Court of Appeal repeatedly referred to the practice of the European Court of Human Rights and the concept of militant democracy. In the conditions of a full-scale invasion of the Russian Federation into the territory of Ukraine, in accordance with the concept of a «democracy capable of defending itself», the activities of political parties that encroach on the territorial integrity, security and constitutional order of Ukraine, support the aggressor state should be prohibited by court order. The decision to apply such a constitutional and legal sanction as the banning of a political party must be properly substantiated, based on a proper evidence base, not taken hastily, meet international standards, in order to make it impossible to challenge Ukraine’s actions to the European Court of Human Rights. The constitutional and legal regulation of the grounds for banning political parties and the mechanism for its implementation also needs improvement. Key words: prohibition of a political party, constitutional and legal responsibility, constitutional delict, constitutional and legal sanction, political party, constitutional order, martial law.

11 - The involvement of third parties

The article explores criminal liability for offences against the administration of justice committed through the abuse of powers by officials of international criminal courts, with particular emphasis on the offence of knowingly instituting criminal proceedings against an innocent person. It contrasts the relatively well-established catalogue of “classic” offences against the administration of justice – such as perjury, fabrication of evidence and interference with witnesses – with the conspicuous regulatory lacuna surrounding unlawful conduct by judges, prosecutors and registry staff themselves. The study examines the multi-layered object of the offence, as well as its objective and subjective elements, in light of the two stage procedure for bringing individuals before international criminal courts. Special attention is devoted to the Russian practice of applying Article 299 of the Criminal Code to officials of the International Criminal Court. Methodologically, the article combines formal legal, comparative, systemic and case-based approaches to juxtapose international and domestic regimes governing liability for the wrongful prosecution of an obviously innocent person. The empirical foundation of the analysis is drawn from the case law of international criminal jurisdictions and contemporary Russian investigative and judicial practice. Building on this material, the article advances, for the first time in the literature, a detailed construction of the offense of knowingly bringing an innocent person to criminal liability, adapted to the institutional and procedural specificities of international criminal justice. It argues for the extension of Article 299 of the Russian Criminal Code to foreign officials of international organizations that do not form part of the Russian judicial system, and proposes the inclusion of a functionally analogous offense in future codifications of crimes against international justice. The article concludes that, notwithstanding the comparatively sophisticated framework protecting international criminal proceedings from external interference, the absence of specific offenses targeting abuses of office by international judicial actors poses a serious threat to fairness, equality of arms and the right to defense. Knowingly prosecuting an innocent person is presented as the paradigmatic manifestation of such abuse, a multi object offence capable of undermining confidence in international adjudication and destabilising the political order of states. The Russian model of criminalization – corroborated by the initiation of criminal proceedings and the issuance of a judgement in respect of International Criminal Court personnel – demonstrates, the author contends, the legal feasibility of holding international court officials personally accountable on the basis of the passive personality principle.

The article deals with the peculiarities of the state regulation of credit relations in Ukraine and other countries of the world. Special attention is devoted to problems of protection of the rights of individuals-borrowers and the liability of financial institutions for violation of the terms of the loan agreements.
 The authors draw attention to the imperfection of the domestic state regulations in protecting the rights of consumers of financial services. On the basis of analysis of normative sources, concludes that in Ukraine the rights of borrowers is implemented using the General civil-law methods, such as payment of penalty and compensation for damages and contractual penalties. Provides that when the borrower relationship involved a natural person, are also considered statutory provisions of the legislation on protection of consumer rights. The majority of legal provisions contained in the same law and to establish penalties for the violation of consumer rights does not apply to the provision of financial services. It is concluded that in connection with the above, means of influence on the creditor in the contract there are only penalties provided for by the parties themselves.
 Due to the fact that today there is no possibility of application of the financial, administrative and criminal sanctions against credit institutions for violations of the rights of consumers of financial services, the authors made proposals on improving legislation in this sphere. In particular, it is proposed to determine the grounds and amount of payment of legal damages by a creditor for non-fulfillment of their obligations established by contract or by law; to develop the procedure and consequences of termination of the contract of consumer credit in connection with the failure of obligations of third parties (seller, executor). The necessity of regulatory consolidation of financial sanctions, administrative and criminal responsibility of managers of financial institutions for violation of credit services; the possibility of suspension, termination or revocation of appropriate licenses.

The article is devoted to the study of the essence of the security of property rights of economic entities. The article emphasizes that a business entity has the right to be the owner of any property that is not prohibited by law. Property is a necessary component of economic activity. Therefore, ensuring the legal rights of economic entities to property is an important issue. The article analyzes the current legislation of Ukraine on the protection of property rights. It is noted that the Constitution of Ukraine establishes the duty of the state to ensure the protection of the rights of all subjects of ownership and management, and the social orientation of the economy. All subjects of property rights are equal before the law. The article states that depending on the types of property that may be owned by the business entity, the current legislation defines various means of protecting the right of ownership. In particular, in the article, using the example of land ownership relations, various means of protection are given, taking into account the provisions of the current legislation of Ukraine. The owner of a plot of land or a land user may demand the elimination of any violations of his rights to land, even if these violations are not related to the deprivation of the right to own a plot of land, and compensation for damages. The main ways of protecting land rights are to file a negative lawsuit in court, to declare the agreement regarding the land plot invalid, to invalidate the decisions of executive authorities or local self-government bodies that violate the rights of land plot owners and land users. Also, a separate type of protection of land ownership should be considered the restoration of the condition of the land plot that existed before the violation of rights, and the prevention of actions that violate rights or create a danger of violation of rights. The conclusions emphasize the need for further improvement of the mechanism of applying the norms of the current legislation of Ukraine in practice to ensure reliable security of property rights.

The increasing volume of cross-border trade and investment has positioned international contracts as the primary legal instrument governing global business relationships. Along with this development, the potential for contractual disputes between parties subject to different legal systems has intensified. Litigation before national courts is often considered ineffective in resolving international contract disputes because of jurisdictional constraints, lengthy procedures, and difficulties in the recognition and enforcement of judgments. Consequently, Alternative Dispute Resolution (ADR) has emerged as a more flexible and efficient mechanism within international contract law. This study aims to analyze the legal regulation of ADR in international contract law through a case study of Russia and Indonesia. This study employs normative legal research methods using statutory, conceptual, and comparative approaches. The data are derived from primary, secondary, and tertiary legal materials relevant to the regulation of ADR in both countries. The findings indicate that both Russia and Indonesia have normatively adopted international ADR principles, particularly arbitration, and are parties to the 1958 New York Convention. Nevertheless, significant differences exist in the implementation and effectiveness of ADR, influenced by the characteristics of their respective legal systems, policies, and judicial practices. This study concludes that although the normative frameworks governing ADR in Russia and Indonesia are largely aligned with international standards, further strengthening of consistent application and legal certainty is required to ensure the optimal functioning of ADR in the resolution of international contract disputes.