Legal anomalies within human rights implementation in court: Ukrainian heritage and perspectives
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Дата
2021
Науковий керівник
Укладач
Редактор
Назва журналу
ISSN
E-ISSN
Назва тому
Видавець
Анотація
The law is a regulator of relations based on an orderly, generally accepted
system of ideas and norms for the behaviour of subjects in a particular relationship.
A large number of regulations, which are an external reflection of the content of law,
sets the boundaries of such behaviour, but under the influence of relevant factors that
have a subjective and/or objective nature, there are cases of deviation from generally accepted
regulations, the so-called legal anomalies that occur in the exercise of a person’s rights in court.
This article contains an analysis of current legal anomalies that may arise in the exercise of
a person’s procedural rights in the administration of justice, given the reasons that provoke
their occurrence. Both legal anomalies related to the subject of realisation of rights in court
and anomalies that indirectly affect the possibility and completeness of such realisation were
subject to research. The authors assessed the phenomenon of abuse of law, legal nihilism of the
participants in the process, inconsistencies of judicial practice, etc., in terms of classifying such
phenomena as legal anomalies. The possibility of recognising a legal anomaly at the legislative
level (abuse of law) and the transformation of a legal anomaly into a rule of procedural law
(written proceedings) is investigated. Variants of vulnerabilities of the modern mechanism of
administration of justice are offered, where there is a high probability of emergence of new legal
anomalies in the sphere of realisation of the rights of the person at protection by a court of the
broken, unrecognised, or disputed rights.
Опис
Ключові слова
legal anomaly, deviation from the norm, abuse of law, legal nihilism, adversarial principle, unity of judicial practice
Бібліографічний опис
Access to Justice in Eastern Europe