Access to Justice in Eastern Europe最新文献

{"title":"About the Issue 1 of 2023","authors":"I. Izarova","doi":"10.33327/ajee-18-6.1-ed000101","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-ed000101","url":null,"abstract":"This issue features articles and notes by various authors on current legal topics.\u0000I am proud to present articles from a diverse group of authors from Romania, Albania, Lithuania, Slovakia, Austria, and Kazakhstan. I deeply thank them for sharing their valuable research results with our readership. The values of the rule of\u0000law and human rights are shared by all civilized nations, and our unity in supporting them is as strong as our diversity. It is clear that no one in the world is immune to violations of rights, and it is our duty to stand strong and prevent further injustices whenever possible.\u0000In AJEE, we stand with those who fight for their rights and freedoms. We firmly believe that speaking out against violations is crucial and that silence only enables further injustices. This is especially relevant in the field of research and scholarly publishing, where we rely on facts and arguments. That’s why we show our solidarity with all who courageously stand up for equality and justice. We believe that everyone, regardless of gender or nationality, deserves to live in a world where their rights are respected and protected. Join us in standing up for what’s right and making a difference in the world!","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45561552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Writ Proceedings in Criminal Cases: A Comparative Legal Study of Kazakh Legislation","authors":"L.Ye. Nurlumbayeva, A. Akhpanov","doi":"10.33327/ajee-18-6.1-n000112","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-n000112","url":null,"abstract":"Background: Over the past decade, the criminal process of Kazakhstan has undergone significant modernisation, during which many new institutions have been implemented, prescribed, and introduced into national legislation, one of which is writ proceedings in criminal cases.\u0000The institution of writ proceedings in the criminal process of Kazakhstan is a type of simplified proceedings that can be applied to criminal offences and criminal cases of minor gravity. One of the main characteristics of writ proceedings is the possibility of considering a criminal case in court without the participation of the accused.\u0000Methods: The article uses system-structural, formal-logical, comparative-legal, and dialectical research methods. Currently, law enforcement officers have a number of questions regarding the effectiveness of writs in criminal proceedings. In response, the authors of the article offer a constructive and critical approach to solving problems and reject the untenable, irrational, and radical methods presented by some Kazakhstani scientists and practitioners. Moreover, the analysis of successfully tested foreign legislation, in which institutions similar to writ production are actively used, has shown the effectiveness of their application. A comparative legal study of the legislation of Switzerland and Japan was also conducted.\u0000Results and Conclusions: In the article, the authors propose to consider a set of measures to improve the institution of writ proceedings in the criminal process of the Republic of Kazakhstan.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49110000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The implementation of consensual tenet in modern civil procedure: A European approach of court-related amicable dispute resolution procedures","authors":"","doi":"10.33327/ajee-18-6.1-a000124","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-a000124","url":null,"abstract":"Background: This article explores the global changes in the orientation of civil procedure from competitive and adversarial towards more cooperative and consensual models. It aims to identify the reflection of mentioned tendencies in the valid legal regulation and practice of modern civil procedure. The consensual tenet in the civil process is analysed from the perspective of civil procedure goals, settlement principle, and case management as an effective tool for implementing the latter in practice. The authors explore the court-related amicable dispute resolution procedures to see the similarities and differences.\u0000Methods: Research commenced with a review of the existing scientific literature, a brief historical analysis, and a document analysis concerning changes in civil procedure orientation towards less competitive and more cooperation-grounded resolution of civil disputes. This research was followed by the comparative study of court-related amicable dispute resolution procedures with examples in particular legal jurisdictions like Austria, Lithuania, and Ukraine.\u0000Results and Conclusions: Vital changes in the perception of civil procedure regarding the widely accepted need to foster settlements in civil disputes, and an analysis of the most commonly used procedures as court conciliation and court mediation, were presented in this paper. The authors distinguish and analyse three court-related amicable dispute resolution procedures – conciliation, mediation, and the amicable conciliation process, emphasising their peculiarities and features. This research assists dispute resolution practitioners and researchers interested in better understanding how different court-related amicable dispute resolution procedures can be implemented in legal regulation and practice.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46965238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ai v. Arbitrator: How can the Exclusion of Evidence Increase the Appointments of the Arbitrators?","authors":"Jurgis Bartkus","doi":"10.33327/ajee-18-6.1-a000114","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-a000114","url":null,"abstract":"Background: The present article was prompted by the growing influence of artificial intelligence in international arbitration. Artificial intelligence poses a challenge to the arbitration market since its advantages make it inevitable that in the future, it will take over some of the arbitrator’s fact-finding functions. Accordingly, the question arises as to how arbitrators can improve fact-finding and, consequently, maintain their demand in the arbitration market. This article analyses in detail one of the alternatives for such an improvement – a stricter application of the rule on the admissibility of written witness testimony.\u0000Objects: The article sets out the following objectives: (1) to uncover why artificial intelligence could be considered a better fact-finder than the arbitrator; (2) to identify how arbitrators apply the rule on the admissibility of written witness testimony in international arbitration proceedings; (3) to justify a different application of the latter admissibility rule that both improves the quality of fact-finding and, accordingly, allows arbitrators to keep pace with artificial intelligence. \u0000Methods: The article is grounded in the doctrinal legal research method since it will examine three legal sources: 1) the widely applicable IBA Rules on the Taking of Evidence in International Arbitration; 2) the arbitral tribunal’s awards; (3) legal scholarship. The research additionally uses an economic analysis of law as well as an interdisciplinary approach, which reveals certain psychological phenomena related to decision-making in arbitration.\u0000Results and Conclusions: The application of the rule of admissibility of written testimony of a witness in international arbitration leads to various negative consequences in the fact-finding process. For arbitrators to keep pace with artificial intelligence in the fact-finding process and increase their demand in the arbitration market, it is necessary to adopt a stricter approach to the latter admissibility rule. This approach leads to the exclusion rather than the evaluation of written witness testimony in international arbitration proceedings.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48080385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Russia’s Attack on Ukraine; A Review of the International Criminal Court’s Capacity to Examine the Crime of Aggression","authors":"A. Salari","doi":"10.33327/ajee-18-6.1-a000107","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-a000107","url":null,"abstract":"Background: 24 February 2022 shall be remembered as a day on which the international law principle prohibiting the use of force was breached once again. This incident could come under scrutiny from several different standpoints. The present study looks at this occurrence via the lens of international criminal law and the occurrence of the crime of aggression and its examination by the International Criminal Court (ICC). This study aims to analyse whether the inclusion of the crime of aggression in the ICC Statute was symbolic and practically useless or whether it could move the international community one step closer to the end of impunity. To this end, the incidence of aggression as defined by the ICC Statute will be determined after an assessment of the justifications offered by Russia. Despite the prohibition entailed in Art. 15 bis (5) of the Statute, which has led the doctrine to rule in favour of the Court’s lack of jurisdiction, a solution to this impasse must be sought.\u0000Methods: This paper uses doctrinal methods, and its dominant theoretical perspective is positivism. It relies on an accurate description and analysis of Russia’s invasion as aggression and the capacity of the court to deal with it. The authors has attempted to collect as much pertinent data as possible, analyse the same, and review the applicable and relevant legal instruments and literature. Other publications on this subject matter accepted the inability of the ICC to prosecute the Russian aggression. The novelty of this paper is its search for the few loopholes in the rules and judgments of the ICC to investigate this crime in Ukraine. As a result, recommendations are made to stop Russia’s wrongdoing while also offering suggestions and answers. This would ultimately result in the protection of international law and the preservation of Ukrainian territory.\u0000Conclusions and Recommendations: The Russian claims, namely, anticipatory and collective self-defence, humanitarian intervention, and intervention by invitation, cannot face the crucible of international law norms, and, as such, the attack is a flagrant violation of the UN Charter. Thereafter, the exercise of jurisdiction seemed challenging, bearing in mind that Russia and Ukraine are not members of the IC, that the situation was not referred to the Security Council, and that the declaration issued by Ukraine accepting the Court’s jurisdiction entailed a number of limitations (being restricted to crimes against humanity and war crime). Nonetheless, a case could be made that the Court has some capacity to engage with the question of an act of aggression based on a study of the Court’s jurisprudence regarding such declarations and the Trial Chamber’s interpretation of the phrase ‘occurrence of crime in the territory of the State Party’, affirming a positive interpretation of Art. 15 bis (5) and confirming the possibility for the presence of Ukrainian secessionists in the decision to attack.\u0000According to the authors, the ","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46576059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Concepts and Features of Administrative Contracts through the Prism of Regulatory Provisions and Judicial Practice in Ukraine","authors":"","doi":"10.33327/ajee-18-6.1-n000118","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-n000118","url":null,"abstract":"Background: The article provides information on how the definition of an administrative contract was developed in Ukraine. Initially this concept was enshrined in the Code of Administrative Proceedings of Ukraine (hereinafter - the Code). Before the adoption of the Code, that is, until 2005, this phenomenon had been studied fragmentarily in the legal literature. We can name only a few authors who made attempts to investigate the issues of defining an administrative contract in order to identify its features and types comprehensively. Theoretical approaches to the definition and classification of administrative contracts are presented, and their main characteristics are outlined. It is noted that the subject structure of these contracts determines that in connection with the fulfilment of their conditions, each of the parties achieves the desired goal: the representative of the government strives for socially significant results, and the individual - for the satisfaction of private interests. The definition of an administrative contract fixed in the Code of Administrative Proceedings of Ukraine was analysed and it was concluded that it is suitable for the purposes of applying the procedural law. The article also examines the issue of whether compromise agreements belong to the category of administrative agreements.\u0000Methods: At the beginning of the study, theoretical approaches to defining administrative contracts and the identification of their features and classification are presented and differences in the positions of Ukrainian researchers studying the relevant issues are outlined. Subsequently, the legislative definition of the administrative contract is analysed and it is determined whether it is based on the theoretical developments presented above. The court decisions interpreting the normative provisions establishing the features and types of administrative contracts are summarised and we discovered whether Ukrainian judges turn to research sources in order to make such an interpretation and substantiate their positions. Consistent study of the theoretical developments, normative documents, and practical cases of applying the rules concerning administrative contracts allowed us to reach certain conclusions, which will be useful both to research scholars in the field and representatives of authorities who apply the specified rules.\u0000Results and Conclusions: Examples of court decisions are given, which consider the features of administrative contracts in the context of determining the judicial jurisdiction of disputes arising as a result of their conclusion, execution or termination. The position stated in these decisions is supported, according to which the contract cannot be considered administrative if it is concluded in accordance with the rules of civil or economic legislation. Disagreement was expressed with the statement that in the case of concluding an administrative contract, one of its parties, namely a subject of power, must neces","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43178492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation and Protection of the Right to General Water Use in Ukraine: Main Theoretical Problems and Certain Aspects of Judicial Dispute Resolution","authors":"Maryna Trotska","doi":"10.33327/ajee-18-6.1-a000103","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-a000103","url":null,"abstract":"Background: The extraction and use of natural resources are reasons for environmental problems all over the world. The article examines one environmental right – the right to general water use, and its interrelation with the use of coastal protection strips (water fund lands), as well as specific problems of judicial practice in terms of protecting this right. There is a direct or indirect interrelation between utilised natural objects when confirming the environmental rights of citizens at the level of current national legislation, who are given the opportunity to use natural resources to meet their own needs and be in a harmonious state with the environment as much as possible. Such an interrelation is also reflected in cases of general water use, which is impossible without involving the use of water fund lands, namely coastal protective strips.\u0000Methods: With the help of scientific methods, the article uses and analyses international acts, data of international organizations, conclusions of scientists, and legal scientific literature. The legal regulation for using coastal protection strips as a prerequisite for exercising the right to general water use has been investigated within the framework of a systemic approach, as well as analysis and synthesis.\u0000Results and Conclusions: It is concluded that the lack of physical access to water bodies and non-compliance with the requirements regarding the proper water quality in water bodies, unfortunately, does not allow for the implementation of the right to general water use either properly or without harming the life and health of citizens.\u0000It is noted that in most instances, the result of court case consideration regarding protection of the right to general water use was the refusal to satisfy the claims due to the lack of reasoning and proper argumentation by the claimants, and to hold the decision against them. Claimants have to overcome a number of difficulties in order for their evidence to be recognised by the court as reliable and well-founded. The presence of certain deficiencies in the normative legal acts regarding the right to general water use plays a major role in this process.\u0000In order to solve the aforementioned problems and improve water legislation, appropriate proposals in the form of changes and additions to the general provisions of the Water Code of Ukraine have been argued and proposed.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48767205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Means of Proof in Criminal Proceedings in the Slovak Republic – New Challenges","authors":"A. Vaško, L. Klimek","doi":"10.33327/ajee-18-6.1-n000106","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-n000106","url":null,"abstract":"Background: Turbulent technological progress in the 21st century has caused the emergence of a number of new possibilities, especially technical in nature, and allowed for new means of proof as evidence. Legal regulation of criminal law in the Slovak Republic is responding to this trend, and progressive approaches to evidence which reflect the current level of development of science and technology are gradually being introduced. This article focuses on current challenges in the field of legislation regulating the issue of evidence in criminal proceedings.\u0000Methods: Legal comparison, content analysis of websites, functional analysis of legal acts, and analysis of the decisions courts were used to process the research data.\u0000Results and Conclusions: Current legislation on executing evidence in criminal proceedings in the Slovak Republic requires modification. There is especially the need to reflect on the current state of economic and dynamic technological progress in the 21st century. The recent list of evidence means in S. 119(3) of the Code of Criminal Procedure is not complete but does not automatically reject the use of other means of evidence. Discussions on how to proceed are currently taking place within the professional public. We believe that in the near future criminal law must respond adequately and enable the use of evidence obtained by new technologies such as satellites, GPS, GLONASS, dashcams, vehicle software, communication technologies, location tracking, etc. Of course, the final word will always be given to the court, which will assess whether such evidentiary information is admissible and effective, or what \"weight\" it will have in deciding on a particular criminal case.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47760643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of the United Nations as a Defender of Human Rights: A View from Albania","authors":"F. Baça, Adriana Anxhaku","doi":"10.33327/ajee-18-6.1-n000108","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-n000108","url":null,"abstract":"Background: Every millennium, decade, and century, as well as every passing day, humanity wakes up with a dream of a ‘new world’, a world without wars and bloodshed. Despite this thousand-year-old dream, wars and their devastating consequences hang menacingly over humanity’s head like the sword of Damocles. For this reason, wars have been and will remain a key focus of researchers and philosophers. By studying the numerous causes and consequences of war, the necessary measures to guarantee security and peace worldwide can be determined. Although human society strides towards prosperity, the likelihood of war has not diminished but continues to threaten, with unparalleled ferocity, the existence of human life, peace, and security. The numerous agreements and treaties, both bilateral and multilateral, between different states have only temporarily avoided the outbreak of conflicts and wars. Therefore, the concepts of peace, defence, and the prevention of war remain at the centre of research today. Research works in these fields are geared towards a universal idea: ‘the protection of basic human rights’. \u0000Methodology: This paper’s research methodology involves analysing data on the role of the UN as a defender of freedom and human rights. To achieve this, an extensive literature review was conducted. The review covers literature sources in both Albanian and foreign languages, written by well-known authors and provides a large amount of information and thoughts on the topic under consideration. The authors of some of the used works include Thomas Hobbes, Jean Jacques Rousseau, Immanuel Kant, John Locke, Brian Tamanaha, Alexis Tocqueville, and Servet Pëllumbi. The research was conducted step-by-step and argument-by-argument using the logic of reasoning and the analysis of ideas. The relevant research works relate to the UN’s role as a provider and guarantor of human rights and freedom. \u0000Results and Conclusions: In the opinion of the UN, the concept of democracy is closely related to the concept of protecting peace, freedom, and human rights. This is also the reason why the UN cannot remain indifferent in the face of cases of violation of freedoms and human rights under the pretext of respecting ‘state sovereignty’. The UN is today’s most important and powerful organisation for protecting human freedoms and rights, world peace, and international security. Based on the above discussion, a democratic society is nothing but the result of new relations between the power and freedom of an individual. ‘Human rights and freedoms’ do not constitute a mere bureaucratic formula but a request of the people for the development of the society in which they live. They resemble a ‘spiral’ that has only ascended since various theorists first presented their ideas on ‘human rights’. Infringement on human rights would simultaneously mark the infringement and the end of democracy itself.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47144050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Arbitrariness Prevention in the Context of Achieving the Efficiency of the Rules of Law","authors":"","doi":"10.33327/ajee-18-6.1-a000102","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-a000102","url":null,"abstract":"Background: Countries of Western political and legal tradition and former socialist countries of Central and Eastern Europe need further arbitrariness prevention in order to establish the rule of law both logically and taxonomically: idea (ideal) – prerequisite (guarantee) – achieving the efficiency of the rule of law. They also require practical application, which reflects the priorities of national interests based on freedom and respect to human dignity. The article contextualises arbitrariness prevention as an applied instrumental concept, essential for bringing the rule of law to the state, which allows the prevention of undue public authorities’ intervention in the process of their discretionary powers in particular spheres of human life. It also seeks the most appropriate approach to its use in combination with other standards and requirements in order to assess and summarise real daily practices of the rule of law existing in many modern societies and states. Functional application of arbitrariness prevention as a means of legal reasoning to access constitutional justice is substantiated. Concentration on the enhancement and implementation of the current Ukrainian mechanism to provide the monitoring of power use by the state and human immunity from arbitrary actions of the state authorities is gaining a real practical value. It is extremely relevant under the conditions of court control over the constitutionality of the state intervention in social and other types of human rights.\u0000Methods: Research on arbitrariness prevention in the international and national political and legal context is based on the definition of the rule of law derived from the provisions of the dialectic correlation of natural law and the positivist legal approach. The potential of the latter approach for the provision of sufficient restriction of the power is also very important. Historic, hermeneutic, systemic, structural, axiological, and instrumental approaches promote arbitrariness prevention as a particular specific idea (ideal), which consolidate the advance of social and legal thought as well as the practices of public authority functioning. They also contribute to its superposition over state arbitrariness as a permanently active and clear requirement, instruction and conceptual component, principal rule (sub-rule), and commonly shaped standard, as well as one of non-disputable prerequisites and guarantees of a counter to malpractice of discretionary powers. In this article the theoretical and comparative generalisation of the traditions of the perception of the rule of law proves and confirms, on the ground of therelevant constitutional provisions, and specific court decisions resulted in quite clear reasoning in favour of their implementation in the real legal order and provided a person the possibility of exercising their guaranteed right to appeal to the court against the actions of the state within the scope of the activities of the Constitutional Court ","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41439677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}