Civil Proceedings During Quarantine
Keywords:Proceedings, justice, participate, Electronic Court, quarantine
The article is devoted to the study of issues related to the proceedings in civil court cases during the quarantine period. The importance of ensuring continuous and secure access to justice is obvious to effectively protect violated, unrecognized or disputed rights, freedoms, or interests of individuals, the rights and interests of legal entities, the interests of the state. The article reveals the study of the issue of a person's constitutional right realization to fair judicial protection during a pandemic. Legislation and regulations that contain the main recommendations for courts to administer justice during the quarantine period underwent the analysis. It is substantiated that neither the judicial system nor the guarantees of citizens for judicial protection can be "quarantined" because the main function of the state, even in such conditions, is to ensure the implementation of the protection of the rights and freedoms of citizens. It is found out that justice should be not just a form of the judiciary, but an effective tool for protecting rights, freedoms, and interests. The court is the tool that ensures the effectiveness of judicial protection. To overcome the identified gaps, it was concluded that it is necessary to implement all components of electronic litigation, which will make an appeal to court more accessible and understandable, will completely abandon paper documentation in parallel with an electronic one, and in the future will lead to effective civil litigation and timely resolution, within a reasonable period.
Konstytutsiya Ukrainy vid 28.06.1996 [The Constitution of Ukraine from 28.06.1996].Vidomosti Verkhovnoi Rady Ukrainy – Bulletin of Verkhovna Rada of Ukraine.No. 30. Art. 141.
Cyvilnyi procesualnyi kodeks Ukrainy. (2020).Chynne zakonodavstvo zi zminamy ta dopov. stanom na 1 veres. 2020 [Civil Procedural Code of Ukraine: current legislation with amendments and supplements as of September 1, 2020] (official text). Kyiv: PALYVODA A.V. 304 p.
Legal Newspaper Online. (n.d.). Karantynne sudochynstvo [Quarantine zoning and court proceedings]. Legal Newspaper Online. https://yur-gazeta.com/publications/practice/inshe/karantinne-sudochinstvo.html
Verkhovna Rada of Ukraine. (2020). Pro vnesennia zmin do deiakyh zakonodavchyh aktiv Ukrainy, spriamovanyh na zabezpechennia dodatkovyh socialnyh ta ekonomichnyh garantii u zviazku z poshyrenniam koronavirusnoi hvoroby (COVID-19) [On Amendments to Certain Legislative Acts of Ukraine at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID-19)]. Law of Ukraine from 30.03.2020 No. 540-IX. https://zakon.rada.gov.ua/laws/show/540-20
Sudova vlada Ukrayiny. (n.d.). Protsesualni kodeksy dopovneni polozhenniamy shchodo osoblyvostei rozhliadu sprav v umovah zaprovadzhennia ka-rantynnyh zakhodiv [Procedural codes supplemented by provisions on the peculiarities of consideration of cases in the conditions of introdu-cing quarantine measures]. https://court.gov.ua/press/news/920242/
Shabarovskyi, B. (n.d.). Sudy "na pauzi": Verhovnyi Sud pro prodovzhennja strokiv [Courts "on pause": The Supreme Court on extensionof terms]. https://vkp.ua/ua/publication/sudi-na-pauzi-verkhovniy-sud-pro-prodovzhennya-strokiv 24/04/2020
How to Cite
Copyright (c) 2020 Stefan cel Mare University of Suceava, Faculty of Law and Administrative Sciences, Romania & LUMEN Publishing House
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication, with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work, with an acknowledgement of the works authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g. post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in European Journal of Law and Public Administration.
- Authors are permitted and encouraged to post their work online (e.g. in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as an earlier and greater citation of published work (See The Effect of Open Access).
EJLPA Journal has an Attribution-NonCommercial-NoDerivs