Suchergebnisse

The article examines the functioning of the judicial procedure for establishing the facts of birth and death on the temporarily occupied territory of Ukraine in terms of its regulation and effectiveness. The authors analyze the procedural nature of the separate proceeding according to national legislation of Ukraine in comparison with legal framework of several foreign states. As a result, it has been stated that the establishment of the above-mentioned legal facts is not the only Ukrainian know-how. Specific attention has been paid to the issues of juridical technique regarding the determination of participants that can submit an application in order to set a fact of birth or death of a person. In particular, it has been found that Ukrainian legislator does not circumscribe such categories as "persons who can hand in an application" and "applicants". It has been delineated that lodging an application by the applicant's attorney does not substitute the presence of the independent legal interest, which is necessary to become applicant. In addition, the article explores the process of proving. It has been concluded that the burden of proof rests on the applicant. However, the court is obliged to be an active participant of the proving in order to establish the circumstances of the case, namely: to request evidence, order to carry out expertise etc. The subject-matter of the cases concerning the establishment of facts of birth or death of a person on the temporarily occupied territory of Ukraine comprises, inter alia, the circumstances regarding time and place of birth (death), familial relationships between the applicant and the person who was born (died). Finally, the article examines the enforcement of the "Namibian exception" in the context of the evaluation of the evidence.

The article investigates the institute of reimbursement of expenses for professional legal assistance in civil proceedings of Ukraine from the point of view of completeness of its regulation in normative-legal acts of Ukraine. Within the framework of this work, the authors analyze all the constituent elements of successful reimbursement of the costs of professional legal assistance, highlight their features and analyze the practice of the Supreme Court on this issue. Taking into account the case law, the criteria for determining the amount of costs for professional legal assistance in civil proceedings in Ukraine are disclosed. Some features of reimbursement of the success fee, reduction of the costs of professional legal assistance and their distribution based on the results of the case are analyzed. Thus, attention is drawn to the fact that the success fee is reimbursable subject to compliance with the criteria of proportionality in determining its size. Based on the results of the study, it was concluded that in order to reduce the cost of professional legal assistance, it is necessary for the other party to apply for a reduction in their size, and for a guaranteed distribution, a preliminary calculation of such costs must be submitted. An opinion was formulated on the role and place of the court in reducing and allocating the costs of professional legal assistance, particular attention was drawn to the fact that during this process the court should act exclusively as an independent arbitrator. Particular attention is paid to the process of proving and documenting the costs of professional legal assistance in a particular court case. The position of courts on the evaluation of evidence on the availability of costs for professional legal assistance in each case is highlighted.