Rubric: Jurisprudence

Court fees. Specifics of a person’s access to justice

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. Court fees. Specifics of a person’s access to justice//Science online: International Scientific e-zine - 2023. - №10. - https://nauka-online.com/en/publications/jurisprudence/2023/10/01-24/

Annotation: This article is devoted to the study of the issue of court fees and their impact on access to justice. It addresses the importance of access to justice as a fundamental right of every person and the problems that the system of court fees can create for people with limited financial means. The article examines the need to reform this system to ensure greater access to judicial protection. The author points out that the judicial system, although financed by public funds, which guarantees its independence and efficiency, can create financial barriers for citizens, especially for those who do not have sufficient financial resources. The court fee, which is mandatory when applying to the court, can lead to serious consequences, such as dismissal of a claim due to non-payment of the court fee. Therefore, the author points out the need for careful consideration and possible reform of the court fee system in order to ensure greater access to judicial protection for all citizens. The article also emphasizes the importance of balancing the interests of the state and plaintiffs in the collection of court fees, as well as the need to comply with the principle of "reasonableness" when setting the amount of this fee. The law provides for various measures that may facilitate access to court protection for persons with limited financial resources, such as exemption from payment, deferral, installment or reduction of the court fee. The author emphasizes the complexity of the procedure for exemption from court fees and determination of a reduced amount for persons with low incomes and notes that this process is aimed at ensuring fair access to justice for all citizens. An important factor is the correct presentation of evidence and justification by persons applying to the court and requesting exemption or reduction of court fees. The author suggests various possible approaches to solving the problem of court fees for low-income persons, such as abolishing or reducing court fees, expanding the right to exemption from payment, allowing payment in installments, taking into account the amount of court fees in accordance with income, and expanding access to free legal aid. The article emphasizes the importance of considering each option in the light of the specific circumstances of each situation in order to ensure that the judicial system is accessible and fair to all, regardless of their financial situation.

Unlocking the power of arbitral awards: strategies and challenges in global enforcement

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. Unlocking the power of arbitral awards: strategies and challenges in global enforcement//Science online: International Scientific e-zine - 2023. - №9. - https://nauka-online.com/en/publications/jurisprudence/2023/9/04-18/

Annotation: In the complex world of international arbitration, the culmination of months or even years of legal proceedings results in an arbitral award, a binding decision that should, in theory, provide closure to the parties involved. However, the true litmus test for the effectiveness of this award is its enforceability. This article delves into the multifaceted landscape of enforcing arbitral awards on a global scale, shedding light on the strategies, intricacies, and challenges that parties face. The article begins by emphasizing the fundamental importance of arbitral awards. Arbitral awards are designed to be enforceable in multiple jurisdictions, a feature that underscores their global significance in resolving cross-border disputes. One of the central topics explored in this article is the practical strategies for enforcing arbitral awards. The author discusses the importance of understanding the legal framework and procedures in the relevant jurisdiction. Parties often face hurdles in enforcing awards due to disparities in national laws and international treaties. By strategically choosing the jurisdiction for enforcement and crafting a tailored approach, parties can maximize their chances of success. The article also highlights the role of international conventions, such as the New York Convention, in streamlining the enforcement process. Furthermore, the author delves into the role of judicial assistance in the enforcement process. Local courts play a pivotal role in enforcing arbitral awards, and their cooperation can greatly impact the outcome. Challenges in enforcement are not limited to legal complexities alone. The article also discusses the issue of asset dissipation, where a party seeks to evade the enforcement of an award by moving or hiding assets. The author explores strategies for preventing asset dissipation and ensuring that the award remains effective. Lastly, the article addresses the importance of compliance with ethical and legal standards throughout the enforcement process. It emphasizes the need for parties to maintain the highest ethical standards to avoid potential setbacks or challenges to the enforcement process. In conclusion, enforcing arbitral awards is a critical facet of international arbitration, ensuring that parties receive the resolution they deserve. This article underscores the importance of a well-thought-out enforcement strategy, navigating legal complexities, and maintaining ethical standards throughout the process.

Political asylum in Ukraine for Belarusian and Russian citizens who support Ukraine

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. Political asylum in Ukraine for Belarusian and Russian citizens who support Ukraine//Science online: International Scientific e-zine - 2023. - №9. - https://nauka-online.com/en/publications/jurisprudence/2023/9/03-21/

Annotation: This scientific article is devoted to the topical issue of political asylum in Ukraine for citizens of the Russian Federation and the Republic of Belarus, who expressed support for Ukraine in the context of the Russian-Ukrainian war. The authors define the problem and its relevance from a legal and ethical point of view, explaining the need for an effective and comprehensive analysis and solution of this issue. The procedure for obtaining political asylum and legislative regulation of this issue. The article draws attention to the impact of the military-political conflict between Ukraine and Russia, which began in 2014, on the migration situation in Ukraine. She emphasizes that recent events, in particular the invasion of Russia, have led to an increase in the number of citizens of Russia and Belarus seeking political asylum in Ukraine. Many of them became victims of political persecution and human rights violations in their countries, so they are forced to seek protection abroad.

Problematic issues resolved by construction and technical expertise in fire cases

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and . Problematic issues resolved by construction and technical expertise in fire cases//Science online: International Scientific e-zine - 2023. - №9. - https://nauka-online.com/en/publications/jurisprudence/2023/9/01-23/

Annotation: The basic fire safety requirements that must be met in new construction or reconstruction of buildings are considered. The list of regulatory documents regulating fire safety requirements for the construction of industrial, production and public buildings is given, in particular, attention is paid to buildings and institutions of social protection of the population. Examples from expert practice are provided that complicate the work of an expert when inspecting the objects of study and drawing up a conclusion. The inconsistencies that most often occur when performing research to determine compliance with building codes and fire safety regulations are indicated.

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