Civil Proceedings During Quarantine

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

European Journal of Law and Public Administration, 2020, vol. 7, issue 2, 184-194

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.

Keywords: Proceedings; justice; participate; Electronic Court; quarantine (search for similar items in EconPapers)
JEL-codes: K10 K15 K33 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:7:y:2020:i:2:p:184-194

DOI: 10.18662/eljpa/7.2/138

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