Suchergebnisse

The article addresses the right to be heard as one of the new principles of civil procedure being analyzed through the prism of the provisions of the ELI/UNIDROIT Model European Rules of Civil Procedure and para. 1 of art. 6 of the European Convention on Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. The paper highlights the problems of implementation of this principle at the national level. Within the framework of the ELI/UNIDROIT Model European Rules of Civil Procedure, the principle of the right to be heard includes: a) a fair opportunity to present claim and defense in court (Rule 11); b) the reasoned judgments, relied on the basis of the case file and the legal issues which the parties were able to comment on (Rule 12); c) the prohibition on the court communicating with a party in the absence of other party (Rule 13). Based on the analysis of the ELI / UNIDROIT Model European Rules of Civil Procedure and the case law of the ECtHR, the author advocates the view, according to which, the implementation of the principle of the right to be heard calls for the existence of a number of procedural guarantees of 'fair hearing' (para. 1 art. 6 of the ECHR). It is concluded that in modern conditions the principle of the right to be heard in its legal content is reduced to the requirement to provide a party to the proceedings the opportunity to bring to court their claims and objections, to effectively present their legal position before the court on equal terms with those given to the other party, as well as to obtain a reasoned court judgment. The implementation of this principle is associated with three groups of guarantees: a) guarantees that are prerequisites for the exercise of the right to be heard (proper notification of the person about the date, time and place of the court hearing); b) guarantees that constitute the core of the right to be heard and are implemented during the trial (oral hearing; opportunity to participate in the proceedings; the principle of 'equality of arms' and adversarial process); c) guarantees that are implemented after consideration of the case (a reasoned court judgment).

Various modern approaches to the definition and classification of sources of international commercial arbitration have been studied. The legal nature of international commercial arbitration, which currently exists in the arbitration doctrine, has significant shortcomings and does not reflect today's realities regarding the consideration of foreign economic disputes. After all, the trust and advantages inherent in international commercial arbitration make it as attractive as possible for the parties to foreign economic activity (and not only). Such a tendency to "privatize" the consideration of disputes with a foreign element is not accidental due to the presence of unified international legal acts that are applied to international commercial arbitration. Despite such advantages, the main issue in international commercial arbitration still remains the applicable sources of law. Since the key principle that distinguishes arbitration from national court proceedings is the "autonomy of the will" of the parties, accordingly, the parties determine under which legal norms and in which country they want their dispute to be heard. And in this case, the views of scientists who compare the expediency of applying lex fori or lex arbitri are quite ambiguous. Based on the results of the conducted research, conclusions are made regarding the possible classification of sources of international commercial arbitration and a new approach is proposed to determine the nature of the source of arbitration, considering that arbitration itself cannot exist exclusively in a legal vacuum.

The main destructive megatendencies of the contemporaneity such as the global conflict, globalization of criminality, and international terrorism are analyzed. The authors show the dual effect of the globalization on the modern civilization, system of world-wide political, economic, and humanitarian connections, transnational criminality, and international terrorism. The main features and the principles of organization of the modern international terrorism are elucidated.

The author analyzes the post-Soviet transit in the frame of the conception of open and closed societies, proposes his vision of this transit due to a change in paradigms of a closed militarized society, closed criminalized society, and closed police society, and presents peculiarities of these paradigms.

The theoretical and methodological aspects of formation and development of civic self-organization of Ukrainian community and civil society, factors, elements, segments and structures of its formation are analyzed in the paper. The formation and development of the local element of civil society are considered.