Suchergebnisse

The paper examines the legal nature and the regulatory grounds for two judicial conciliation procedures in civil proceedings, namely the amicable agreement and the procedure for dispute settlement with the participation of a judge. Attention is drawn to the urgent need to study judicial conciliation procedures in civil proceedings of Ukraine. Their functional efficiency in the current conditions is assessed, some problematic aspects of the legislative regulation of these institutions are identified and proposals are made to eliminate shortcomings and possible reformatting of these procedures, which would probably contribute to the effective and rapid resolution of civil disputes. It has been repeatedly emphasized that the development and use of conciliation procedures is a matter of the future for the entire justice system of Ukraine. The article determines the need to create a sufficient theoretical basis for the search for new or transformation of existing ways of regulating civil disputes, so that they solve the existing problems of the judicial system of Ukraine and contribute to the formation of "ideal justice". A thorough analysis of the norms of the Civil Procedure Code of Ukraine governing the application of the amicable agreement and the dispute settlement procedure with the participation of a judge is carried out; a number of remarks and proposals to the current civil procedural legislation of Ukraine are expressed. Possible ways of reformatting the legally defined mechanisms for resolving the dispute, which would partially or completely solve the tasks assigned by the legislator to judicial conciliation procedures, are proposed. Conclusions are formulated on the positive and negative phenomena caused by the reform of civil procedural legislation in terms of the conciliation procedures studied. Keywords: civil proceedings, conciliation procedures, amicable agreement, settlement of a dispute with the participation of a judge, mediation, judicial mediation.

In this article the norms of Books 1–3 of the Civil Code of Ukraine are examined in order to determine civil sanctions and their system. The au- thor stipulates that in the Civil Code of Ukraine there is no definition for the specific term "sanction" and its types, except for Article 354, which states only one type of the sanction, that is, confiscation. These gaps lead to the problems in determining the grounds for the application of certain measures of coercive nature and impede the effective protection of subjective civil law rights which are violated.

A critical analysis of existing classifications of civil sanctions is carried out, and an author's classification of the General Part of the Civil Code's sanctions is proposed, depending on the types of legal relationships governed by it. For the purposes of such classification, the author considers the subjective composition of the legal relationship, the focus on the restoration of the subjective civil law right, which is violated, or on the compensation of the harm caused, and the consequences of civil sanctions application.

A thorough analysis of the norms of Books 1-4 of the Civil Code is carried out in order to identify the norms containing civil sanctions. Thus, in the first three chapters of the Civil Code there is a lack of the norms containing civil sanctions. At the same time, Chapter 4 of the Civil Code is distinguished by the variety of civil sanctions that are proposed to be considered as civil sanctions that limit or impede the personal civil status of an individual in the circumstances specified in Articles 36, 37, 39, 41, 43, 46, 47, 481. Other provisions of the same chapter contain sanctions that restore the civil status of an individual, which causes him or her to have positive legal effects (Articles 38, 42) related to the restoration of the civil capacity of an individual whose civil capacity has been is limited or recognized as incompetent.

On the basis of the conducted research of the norms of the Civil Code, it is concluded that the diversity of civil legal sanctions in different chapters of the Civil Code, which have different directions and consequences of their application, despite the absence of their direct name "sanctions".

Development of information technologies, cryptocurrencies and technology of distributed networks has caused the appearance of smart con- tracts as new types of civil contract. They have been widely used in recent years in such areas as initial coins offering (ICO), financial sector, inter- national trade and public services. At the same time the legal status and legal regulation of smart contracts are uncertain. These uncertainties cause many legal risks of smart-contractsutilization. The purpose of this article is to find out the conception of smart contract as a form of civil contract, to research its legal status and legal regula- tion issues and to develop proposals for the improvement of legal regulation of smart contracts and cryptocurrencies in Ukraine. By its legal nature a smart contract is a digital form of a civil contract realized in programming code automatically executed in a distributed network. Like a civil contract, smart contract has such elements as parties, subject and essential terms of the contract. The legal force of a smart contract depends on whether it includes the fundamental features of a civil contact, such as evidence that parties have intention to create legal relations, understandabil- ity of contract conditions and possibility to perform the terms of the contract under duress. The main advantages of a smart contract are its ability to significantly accelerate and reduce costs of the transaction and guarantee the fulfillment of contract terms regardless of the contractual parties' and third parties' will. The main risks of a smart contract are uncertainty of legal status of a smart contract and cryptocurrencies as a means of payment, complexity of expressing the contact terms in a mathematical algorithm, risk of software bugs and hacking attack. To solve the problems of legal regulation of smart contracts in Ukraine it is necessary to change the legislation in order to settle the legal status of cryptocurrencies and recognize a smart contract as a form of a civil contract. It is necessary to identify parties of the smart contract, confirm their agreement on the terms of the smart contract by using digital electronic signature. A smart contract should be supplemented by text application containing the es- sential terms of the contract which will have legal force in trail. It is necessary to implement blockchain technology in the state registers and pro- vide legal ability to make adjustments in the registers automatically for the performance of smartcontracts.

As a result of the reform of the Ukrainian Civil Procedural Law in 2017, civil justice has undergone significant changes. That is, – courts of first instance may consider civil cases in a general proceeding or in a summary proceeding.

The issue of legislative regulation and practical implementation of summary proceeding in civil litigation is in the focus of scientists and legal practitioners. To date, a separate Chapter 10 of Section III of the current Civil Procedure Code of Ukraine, which has the title – "Review of cases in summary proceedings" is devoted to a summary proceeding. This Chapter of the Civil Procedure Code of Ukraine determines the categories of cases to be considered in the procedure of summary proceedings, as well as the cases that cannot be considered in the procedure of summary proceeding, procedural features and the procedure for considering such cases.

At the same time, there are a number of disadvantages that cause certain problems that negatively affect to the theoretical basis and practical aspect of summary proceeding implementation in civil litigation in the part of the normative consolidation of the summary proceeding in the Civil Procedure Code of Ukraine.

Consequently, the issue of "minor cases" and the determination by courts of grounds for the consideration in summary proceeding of civil cases is the subject of our attention in this article.

Particularly these issues concern the lack of legal definition of the concept of "minor cases" at the legislative level, as well as the lack of clear criteria for assigning a particular case to the category of "minor" ones. Special attention should be paid to the effectiveness of the introduction of so-called "cassational filters" for minor cases in the current Civil Procedure Code of Ukraine.

The authors concluded that it is necessary to give a legitimate definition of the concept of minor cases and clear criteria for their definition as well as the fact that the institution of summary proceeding requires further improvement and development.

So, it is considered appropriate to draw attention to motivating the courts` decisions, as well as wider application of the provisions of the principles of proportionality of civil judicial proceedings and cooperation between the parties and the court to ensure the realization of the main task – the effective protection of claimant`s violated rights.

The article is devoted to the outline and research of several topical critical questions related to the study of the role of the Ukrainian youth in the development of civil society in terms of the undeclared Russian-Ukrainian war and global crisis caused by the Covid-19 pandemic, as well as the influence of the civilization borderland factor on the mentality and behavior of borderland residents. The article focuses on the fact that the concurrently multidirectional influences, such as geopolitical, cultural, religious and others, make the borderland a zone of attraction and rejection, as well as the space for large-scale manipulations. The formation of civil society in the borderland area has its own specifics, yet scantily explored in the academic research. Special attention is paid to the increase of the civil society's significance in various spheres from the promotion of reforms at the state level to the voluntary assistance provided to the Armed Forces of Ukraine during the "Joint Forces Operation", internally displaced persons, and other segments of the population. To successfully solve the problem of building the Ukrainian civil society, it is necessary to fundamentally comprehend the youth's participation in the solution of various problems of modern Ukraine. Thus, it is important that young citizens be ready for active cooperation with the state and public organizations. The research emphasizes one of the popular ways to transform young people into active citizens of Ukraine, which consists in their encouragement to participate in the process of building civil society at all levels of the educational process in the educational establishments of our state, Ukrainian weekend schools abroad; involvement in the work of the Young Scholars' Council and various public organizations. This all caused the need to search for fundamentally new approaches to preparing youth for an active life in the Ukrainian society. The author of the article has elucidated the work experience of the scholars of the Research Institute of Ukrainian Studies regarding the effective forms and methods of increasing young people's activity through the prism of academic, cultural, and educational work.

The article analyzes the Ukrainian national elite of the postcolonial era through the prism of citizenship. In recent years, the interest in elitist issues has been grown significantly. In modern socio-humanitarian field, the issues of the elites' role in the modern world, the criteria for evaluating different elite's activity, the measure of their citizenship, patriotism and professionalism are often discussed. Positive social transformations in many respects depend on the qualitative state of modern Ukrainian elites, on their socio-political maturity, on their willingness and ability to consolidate Ukrainian society, on the level of their responsibility for the fate of Ukraine. The author of the article follows to the concept of plurality of elites (based on the idea of distinguishing elite groups in the fields of their leading activities), which enables the allocation of political, ideological, publicadministrative, military, economic and engineering, scientific, spiritual, medical, educational (pedagogical), cultural-artistic, religious, informational, sporting, etc. In the post-colonial period, all these elite groups must become an integral elements of the Ukrainian national elite. In article the citizen is analyzed as a subject of qualitative social transformations in the post-colonial period, as well as civil practices of self-organization of society in the context of modern transformational processes in Ukraine by the article. The phenomenon of civic activity of an elitist person is analyzed in a theoretical, methodological and empirical perspective. The article deals with theoretical and methodological bases, structure and development peculiarities of the civil position of the personality. Civil society is seen as a cultural and historical type of society. The peculiarities of its formation and functioning in post-colonial Ukraine are analyzed. The author suggests his own periodization of the civil society development in Ukraine. So, the Ukrainian national elite would become the true subject of decolonization of Ukraine and positive social transformations only when all its representatives will begin to perform their core functions in a responsible way: culture-creating, state-building, nation-building, as well as consolidating, creative-transforming, forecasting, motivational, mobilizing, administrating, spiritual-ideological, identification, patriotic, humanistic, axiological, democratic, stabilizing, strategic, security, etc. The Ukrainian national elite must respond on time to the challenges posed by time (globalization, ecological, economic, technological, informational, etc.). The most important for modern Ukraine isn't only the formation of an effective and responsible political elite that could consolidate other elite groups, directing their activities in a constructive way, but also ensuring its timely rotation, qualitative upgrading, de-oligarchy and overcoming its alienation from society. The national elite must carry out highquality legal, political, socio-economic, socio-cultural, technological, ecological and other transformations; to support the integrity and spiritual unity of society, the development of democracy and self-organization processes in Ukraine, the formation and approval of a civil-political and European civilization identity of Ukrainian citizens.

Following the 2017 reform the civil litigation has been significantly changed. The action proceedings, inter alia, have been divided into general and simplified procedures. Therefore, the role of the court in determining the procedure for of the case consideration is decisive, since the law does not impose the obligation to apply to the court in a specific procedure but stipulates respective court power and criteria for its implementation.

Thus, the case may be heard in the general proceedings or in a simplified procedure, which provides for the possibility of a court hearing or without such a hearing, in accordance with the grounds and criteria laid down in Article 11, Parts 4 and 6 of the Article 274, Parts 1 and 2 of the Article 277, as well as Part 6 of Article 279 of the Civil Procedural Code of Ukraine, the common only approaches of which have not yet been achieved in practice. Therefore, the object of attention of the author is the problems of differentiation and determination by courts of specific grounds for consideration of civil cases according to the general or simplified procedure of action proceedings, as well as the appointment of a court session,

based on the analysis of first instances courts decisions, adopted during 2018-2019 and available for the research on the website of the Unified State Registry of Judgments.

As a result, the problematic issues that have arisen in the jurisprudence, in particular, regarding the decisive role of the court in choosing the civil case procedure have been identified and the relevant solutions have been proposed. The role of the court is to determine whether there are grounds for a simplified procedure, whether there are no grounds for a mandatory general procedure for this case consideration, as well as an assessment of the merits and motivation of the plaintiff's and defendant's motions for choosing the procedure for this case consideration, in particular, as it is defined in Article 11 of the Civil Procedural Code of Ukraine. Exercising the abovementioned powers, the court must first of all

proceed with the goals of civil justice and its general principles as well as Article 19 of the Civil Procedural Code of Ukraine.

It has become an axiom in the scientific literature that any civic engagement contributes to democratic transit and the development of civil society. However, different types of this behavior may have different determinants. These may be actions motivated by civic norms and values, but may also be actions driven by financial encouragement or administrative pressure, especially in transitional democracies. The purpose of the study was to identify the impact of modernization values and orientations on different types of civic activism. The author created an indicator where among the options for the answers was offered a list of socio-political measures that were most relevant at the time of the survey. The substantive side of these activities combined the way and the object of communicating their public aspirations and interests. The most common are discussion forms of civil practices that are individualized. These practices do not require much organizational or collective effort and do not require direct interaction with political or governmental institutions. Practices that combine economic activities also have individualized traits, but they require financial costs or sample consumption, so they are less common. Socio-political practices, civic-local practices and protest-demonstration practices are even less common because they require organizational or collective efforts. Five types of civic practices of the Ukrainian population have been empirically identified and their relationship with democracy and liberal values tested. By means of multiple linear regression method, there was found that only civic practices that combine an ethical consumerism, financial donations and political discussions claim that their subjects could be considered as a social basis of Ukraine's democratic transit. The likelihood of such actions increases with the increase of education levels, decrease of age and living in large settlements. The paradox is that people who profess values of modernization are ready to fund activists, among whom these values are not traced.

This paper studies the principles of good faith and the cooperation between judges and parties, which are considered as highly relevant in current civil procedural law. According to many scholars, a new approach to defining their roles allows to overcome the basic urgent problems of modern civil justice – duration, high costs and, to some extent, the complexity of the trial. At the same time, its implementation leads to a positive impact on ensuring the efficiency and access to justice, which are integral parts of the rule of law. The evolution of the idea of directing litigation to peaceful compromise of parties and settling their dispute, has become of tremendous importance since the middle of the last century and today is considered as one of the inherent features of modern litigation. The idea ofgood faith in participating in the process was much developed in the first codes of civil procedure in Europe, in particular, in Austrian Code of Civil Procedure of 1898 and in French Code of Civil Procedure of 1806. The national legal doctrine contains the reflection of F. Klein's research, in particular the loyal cooperation between a judge's and parties' ideas. Later the national legislation of most European states applied the abovementioned during the reforms. Within the ELI-Unidroit Project of European Rules of Civil Procedure the Working Group on Procedural Rights used the idea of court and parties cooperation as the main ground and proposed to joint responsibility introduce with the aim of fair and just trial and avoiding of the traditional problems of two procedure models (A. Uzelac). The provisions of civil procedural law of many states, in particular of Ukraine, have more fully realized the idea of inadmissibility of abusing the procedural rights, which are justly regarded as an element of the principle of cooperation of the court and the parties in civil proceedings.

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand.

The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations.

The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors.

The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards.

At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal and the expansion of the range of subjects of appeal against the decisions of arbitral tribunals, as well as the disputable issues, determining the jurisdiction of this category of cases are also considered. Special attention is paid to the examining the procedure for reviewing applications for annulment of decisions of the arbitral tribunal and international commercial arbitration, in particular the initial stage of production, time limits for challenging the arbitration award.

Taking this into account, authors identify the ways to resolve the abovementioned practical problems, as well as the prospects for further reform of the judicial review institution over the enforcement of arbitral tribunals and international commercial arbitration decisions. In conclusion, authors prove, that the activity of national courts does not include the revision of the decisions of arbitration courts and international commercial arbitrations, since national courts do not check the legality and validity of the decisions; they do not review the substantive decision.

In this case we consider a special mechanism for the control over the abuse of arbitrators' powers granted to them by law and by the parties to the arbitration agreement during the dispute resolution.The purpose of an appeal is to provide the interested party with the opportunity to apply limited judicial review of the arbitral award.

The article deals with the legal regulation for removal from the right to inheritance and law enforcement of the norm of Art. 1224 of the Civil Code of Ukraine. The study aims at developing the theoretical foundations of the application of this legal norm on the basis of analysis of legislation and case law. Such methods and approaches as systematic analysis and competent legal interpretation have been applied. The Civil Code of Ukraine regulates cases and removal of grounds for the right to inheritance. Article 1224 of the Civil Code of Ukraine is applied to heirs at law; it distinguishes cases and grounds for exclusion from the right to inheritance by various criteria. However, what is typical for the countries of the continental group, the law needs to be clarified, first of all at the level of law enforcement practice. The highest jurisdiction of Ukraine – the Supreme Court of Ukraine and the Supreme Court, made appropriate clarifications and interpretations of relevant legal norms at the general theoretical level (decision of the Plenum of the Supreme Court of Ukraine) and at the level of unification of general practice through expressing a legal position in specific cases. Such interpretation should be considered clearly and sufficiently for further processing. However, judicial interpretation is not competent to correct legislative inaccuracies. And the case law itself is characterized by a tautology and inconsistency, when the departure from the previously adopted legal position is disguised under the difference of legal and factual grounds of the claim. The results of such miscalculations include variability of methods of judicial protection for the heirs of the first turn (paragraph 2, part 3 of Article 1224 and part 5 of Article 1224 of the Civil Code of Ukraine) and procedural difficulties in proving claims – proving the testator's helplessness, address need assistance from the defendant, etc. In addition to legal uncertainty, which results in the poor functioning of institutions of exclusion from the right to inherit, this state of affairs creates grounds for abuse of rights. The authors propose measures to solve the problem, which can be divided into several groups. The first concerns amendments to Paragraph 2, Part 3 of Art. 1224 and Part 5 of Art. 1224 of the Civil Code of Ukraine: in terms of the subject composition, in particular, the permission of the heirs of other than the first turn, the order of inheritance, to sue on the basis of Paragraph 2 of part 3 of Article 1224 of the Civil Code of Ukraine. The second is aimed at intensifying the institution provided by Paragraph 2 of Part 3 of Article 1224 of the Civil Code of Ukraine, inter alia, due to the uniformity and consistency of judicial practice. The introduction of the principle of participation in inheritance by bona fide heirs as a reward for their care of the testator, and the relatively easy removal of the right to inherit those who did not show such care, will also contribute to the revival of law enforcement. Finally, the third group of measures is related to the promotion of inheritance through wills, which will limit the number of disputes in inheritance cases (mainly cases of invalidation of the will) and put an end to the issue of exclusion from the right to inherit.

The paper explores the issues on the enforcement of judgments and its effectiveness, as well as the access to justice in civil cases. Based on the materials analyzed, the nature of the execution of civil decisions and enforcement proceedings in general is clarified. The abuse of law in the execution of court decisions is investigated. Based on the above analysis, the following types are distinguished: abuse by the claimant of the right to choose the place of enforcement proceedings commencing, the registration by the debtor at his place of residence (which is the sole property of the debtor that can be recovered) of a minor child, the cancellation of the results of electronic bidding through formal technical mistakes of the electronic auction organizer, abuse of the debtor's right to privacy, the initiation of parallel litigation by the debtor on the results of electronic bid- ding while the new owner sues the court to remove obstacles to the use of the premises and evictions, contemptuous attitude of enforcement pro- ceedings participants to the executor while the complaint against the executor's actions is under the court's consideration. The availability of justice in civil cases and the effectiveness of the mechanism for the protection of rights, freedoms and interests are directly linked to the observance of the requirement for irrevocable implementation of court decisions at the level of national law and the existence of effective enforcement mechanisms. The question of the nature of enforcement proceedings and their place in the legal system remains debatable in the civil procedural literature. As a rule, consideration of abuse of procedural rights is conducted in two directions, which do not exclude each other – from the point of view of the evaluation of abuse as a negative procedural phenomenon oranalysis of certain forms of abuse of procedural rights. There are also studies that deny the legitimacy of the design abuse of procedural rights.

This article deals with the legal regulation of minors in Germany and Ukraine. Minors do not have enough intellectual ability to predict legal conse-
quences of their acts. That is why they need a special protection. The study primarily focuses on minors as a subject of law in Civil and Family Law.

The aim of the article is to study and compare legal regulation for minors under both German and Ukrainian law.

First of all, the notion of minors is analysed. It is assumed that the term minor is not clear. It has different meanings in both German and Ukrain-
ian national law. International legislation does not clear the issue.

Second, the legal regulation of minors is studied. The issue of age limits in the national Civil Law of Germany as well as Ukraine are examined
and compared. It is suggested that the age limits are closely connected to the legal capacity of the natural persons. The comparative analysis of
legal regulation of minors in Civil Law of both countries shows that the provisions of German Civil Law concerning the legal capacity of minors
differ sufficiently from Ukrainian ones. For example, in Germany children under seven years old do not have legal capacity, while minors at the age
from seven to eighteen years old have limited legal capacity. Whereas in Ukraine, minors under fourteen years old have partial legal capacity, while
minors between fourteen and eighteen years old have incomplete legal capacity.
Last but not least, the minors' rights and their scope from the point of view of a family and the state are explored. The comparison shows that
the legal regulation of minors' rights as well as an attitude to the minors in society in Germany differs from Ukraine. Finally, it is proposed to amend
the Family Code of Ukraine in respect of minors' rights. It is wise to consider an opinion of minors in family issues.

The article is devoted to the social philosophical comprehension of problem of sharpening conflicts in modern Ukrainian social live, exposure of world view and methodological principles of research of these processes, their origin, decision and decline of level of conflict opposition in society on the basis forming of civil culture and tolerance. Historical and philosophical digression in the process of research and explications of maintenance of conflict shows, that by terms «discord», agonic, «line», and sometimes «war» characterize a fight for principles of opposite social positions. Scientific discourse of conflict evolved from understanding of this phenomenon of fight on almost space scale to the theory of conflict as positively functional the social-group phenomenon. The classic theories of elites, which grew on soil of sociology of society, marked opposition of the states of stability and conflict, while the synthetic meta theory of conflict, which we consider methodological basis of our analysis, goes out from a reconstruction the conflicts of necessary dynamics of the transitional states: war – truce – conflict. Such approach allows adequately estimating prolongations of high level of conflict the different spheres of Ukrainian sociality. It especially touches the conflict of different socio-political and civil cultures of East to the West of country, conflicts of the not «guided emotions» and conflicts of social institutes: the states with the structures of active civil society. Finding of general interest in relation to a maintenance and steady development of the Ukrainian state, increase of level of civil culture of peaceful cohabitation of different ethnic and national associations and their cultures, tolerant attitude toward the moments of distinction and non-coincidence of the valued orientations is the most reliable way of keeping the internal peace in the conditions of stuck us «hybrid» war.