Cherevatenko Iryna
@nlu.edu.ua
Civil Justice and Advocacy Department
Yaroslav Mudryi National Law University
RESEARCH INTERESTS
notary, notarial process, notarial actions, notary jurisdiction, civil process, international commercial arbitration
Scopus Publications
Scholar Citations
Scholar h-index
Scopus Publications
Background: The emergence of virtual space and digital technologies is a natural consequence of the scientific and technical progress of humankind. Currently, digital technologies are actively used in the field of law, particularly within the judiciary. Therefore, the development of e-courts is a response to modern challenges. This paper is devoted to the issue of the evolution of digitalisation in civil justice; specifically, it examines the development and regulatory regulation of the use of electronic courts (e-courts) in civil proceedings. It elucidates the peculiarities and difficulties of using the electronic court to combat bureaucracy in civil proceedings. Furthermore, the paper explores the key elements of e-justice and assesses the possibility of implementing electronic lawsuits in Ukraine's courts. It also delineates the peculiarities of employing electronic means of proof in civil proceedings. Moreover, the paper clarifies the possibility of conducting court hearings online using platforms such as Meet and Zoom, drawing insights from the practices of other countries. Additionally, it compares the American Pacer system with the Ukrainian analogue, the “Electronic Court”, as one of the ways to access case materials via the Internet. Lastly, the paper outlines the practice of the Supreme Court regarding the use of electronic subpoenas and the advantages of the electronic form. Methods: An analysis of judicial practice and positions of the Supreme Court regarding individual elements of e-justice and the legality of their application was carried out. Also, special attention was paid to the practice of other countries regarding their use of electronic courts and the possibility of similar proceedings in Ukraine. Results and Conclusions: Based on the analysis, the authors concluded regarding the further improvement of the electronic court system in civil proceedings. Conclusions highlighted the advantages of digitalisation in the civil justice system.
Kostiantyn Gusarov, Olena Oleksandrivna Shchokina, Iryna Mykolayivna Cherevatenko, Olena Viktorivna Kolisnyk, and Yana Leonidivna Kolomiets
Universidad Complutense de Madrid (UCM)
As Ukraine has chosen the European vector of development, the legal status of the notary as the subject providing protection of the rights and lawful interests of citizens deserves special attention. Due to the insufficient level of legal literacy among the population, the legislator imposes on the notary the duty to implement a preventive function, namely to explain to persons their rights and responsibilities, warn of the consequences of notarial acts, and most importantly, assist individuals and legal entities in protection and the realization of their rights and interests. This function has recently become increasingly important, as the notary, certifying transactions with the participation of the parties, should help prevent offenses. In particular, its activities are aimed at preventing conflicts and disputes in civil law relations, both when concluding a transaction and those that will arise in the future. To achieve the objectives outlined in this study, methods of analysis, dialectical, anthropological, functional, documentary analysis and others were used. The aim of the work is a comprehensive general theoretical and applied study of the legal nature of the functions of the notary, including preventive function, as well as substantiation of the main directions of legal regulation of the notary in Ukraine in modern state transformations, development of relevant scientifically sound proposals and recommendations.
Panchenko Viktoriia, Kornieva Polina and Cherevatenko Iryna
East-European Law Research Center
Background: One of the most important features of international commercial arbitration is the autonomy of the will of the parties to a foreign economic dispute. Such autonomy consists of the possibility of independence to resolve issues of a dispute between the parties to such a contract and those issues that already arise during arbitration proceedings. One of the most significant issues that are the subject of autonomy of the will is the choice of the rules of procedural law. In this note, we studied the procedural rules governing the activities of international commercial arbitration, which influence the course of arbitration proceedings, since the arbitral tribunal usually refers to them when determining the number of key issues, starting with questions about whether to refer the dispute to arbitration or not, whether to determine interim measures and also with respect to the arbitral award itself. Methods: This study was based on an analysis of Ukraine’s national law and some doctrine; examples of implementation of the New York convention were analysed. Results and Conclusions: Although the parties’ freedom of choice is a generally accepted principle of international commercial arbitration, it can usually be limited by the imperative norms and public order of a particular country. The trend of moving the international arbitration practice away from using lex loci arbitri was underlined. This trend reflects the avonomy of the parties and can also be considered a significant challenge of lex loci arbitri.