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Civil Proceedings During Quarantine

Author

Listed:
  • Iryna Yuriyivna Tatulych

    (Candidate of Law, Associate Professor, Department of Justice, Faculty of Law, Yuriy Fedkovych Chernivtsi National University, Ukraine)

Abstract

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.

Suggested Citation

  • Iryna Yuriyivna Tatulych, 2020. "Civil Proceedings During Quarantine," European Journal of Law and Public Administration, Editura LUMEN, vol. 7(2), pages 184-194, December.
  • Handle: RePEc:lum:ejlpa1:v:7:y:2020:i:2:p:184-194
    DOI: https://doi.org/10.18662/eljpa/7.2/138
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    More about this item

    Keywords

    Proceedings; justice; participate; Electronic Court; quarantine;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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