Rubric: Jurisprudence

Annotation: The article analyzes the existing means of preventing the abuse of procedural rights in civil proceedings and makes suggestions for their effective implementation. Thus, the author, defining the concept of "abuse of procedural rights", points to a deficiency in the current legislation regarding the consolidation of this concept. Also, the opinions of various scientists on this matter are given. Analyzing judicial practice, the author proves that courts can determine various actions of process participants as an abuse of procedural rights, going beyond Article 44 of the Code of Criminal Procedure of Ukraine. It is indicated that in civil science there are quite skeptical attitudes towards the measures to prevent the abuse of procedural rights and their implementation established in the Civil Code, and this opinion is supported. Taking this into account, an opinion is expressed about the expediency of enshrining in the Civil Code of Ukraine a mechanism for bringing civil-legal responsibility specifically for non-compliance with the obligation to exercise one's civil procedural rights in good faith, determining which actions qualify as abuse and a clear mechanism for bringing this responsibility.

Annotation: The article examines the problem of family violence in Ukraine, its historical context and attempts to regulate it at the legislative level. It is pointed out that Ukraine signed the Istanbul Convention of the Council of Europe in 2011, which concerns the prevention of violence against women and domestic violence. But the problem of ratification of this convention in Ukraine has not yet been resolved. The main arguments against ratification are related to the concepts of "gender" and "sexual orientation" in the text of the convention. The national legislation of Ukraine on domestic violence is analyzed, as well as its compliance with the provisions of the Istanbul Convention. In particular, the article examines the concept of "family violence" as defined in the Law of Ukraine, as well as administrative responsibility for committing family violence. The authors emphasize the need for further harmonization of national legislation with international standards in order to effectively deal with this problem. The criminalization of domestic violence in 2017 and the problems that arise in the practice of applying the new legislation are also considered. The example of a specific case demonstrates the system's flaw, when the victim cannot receive adequate protection and justice. In particular, systematicity is considered as a key aspect in defining domestic violence within the framework of criminal legislation. The final part of the abstract focuses on the need for further harmonization of national legislation with international standards to effectively combat the problem of domestic violence.

Annotation: This article analyzes the criminal procedural legislation of Ukraine and the application of the practice of the European Court of Human Rights in the implementation of the principles of observing reasonable deadlines, as well as the impact of martial law introduced in Ukraine on the process of observing reasonable deadlines. Therefore, the implementation of criminal proceedings is based on the principles approved by the current criminal procedural legislation. An important component of which is the reasonableness of terms, which is enshrined in Art. 28 of the CCP of Ukraine. Reasonable terms are terms that are objectively necessary for the execution of procedural actions and the adoption of procedural decisions. They cannot exceed the deadlines for the execution of certain procedural actions or the adoption of certain procedural decisions provided for by the Criminal Procedure Code of Ukraine. The criteria for determining the reasonableness of the terms of criminal proceedings are: 1) the complexity of the criminal proceedings, which is determined taking into account the number of suspects, accused persons and criminal offenses in respect of which the proceedings are carried out, the scope and specifics of the procedural actions necessary for the implementation of the pre-trial investigation, etc.; 2) behavior of participants in criminal proceedings; 3) the manner in which investigators, prosecutors, and courts exercise their powers. It was established that in connection with the martial law, changes were introduced and made to the Code of Criminal Procedure of Ukraine regarding procedural terms, when the course of criminal proceedings provided for by the code does not correspond to the current state of affairs. It was also established that the Convention on the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 (European Convention on Human Rights), which was ratified by Ukraine on July 17, 1997, as well as additional protocols to it (all of which were ratified by Ukraine), is subject to application in Ukraine as part of its national legislation in accordance with Article 9 of the Constitution of Ukraine. It has the highest legal force in relation to all acts of national legislation, with the exception of the Constitution of Ukraine. It is argued that there is an urgent need to determine the terms of the trial of criminal proceedings not as reasonable, but as procedural with specifically defined limits and reasons for their extension, to establish the procedure and grounds for holding judges accountable for delaying the trial, to introduce a procedure for compensation for damages stipulated in the consequence of delaying the process.

Annotation: In this article, we have reviewed the main challenges after the martial law period and the changes made to the pre-trial investigation of certain subjects. We have studied and reviewed the effective implementation of the problem and the prospects for conducting pre-trial investigations of individual subjects during martial law. We have identified the main measures in the criminal procedure legislation to ensure the standards of effective pre-trial investigation. After all, in difficult times of war, Ukraine stands as a symbol of invincibility, as it upholds natural values and basic principles of human existence. Since the beginning of the full-scale invasion of enemy troops on February 24, the number of such criminal violations has increased, but the issue of establishing fair punishment for such actions and pre-trial investigation in general is still a question. Therefore, the need to study this topic is due to the fact that active hostilities and the lack of access to the territory where the crimes were committed for law enforcement agencies of Ukraine cause problems at the stage of pre-trial investigation. The article examines the significance and importance of ensuring a uniform standard of evidence collection in relevant proceedings at the pre-trial investigation stage. Objective: to investigate the peculiarities of pre-trial investigation of certain subjects during martial law. Analysis of scientific sources: certain issues of the standards of effective pre-trial investigation have been the subject of scientific research by such scholars as I.V. Hloviuk, O.V. Kaplina, V.V. Kasko, O.P. Kuchynska, O.V. Lazukova, L.M. Loboyko, T.I. Fulei and others.