ScienceRise: Juridical Science

Engagement of foreign experts in the administrative judicial proceedings in Ukraine

2025-04-01T00:17:15+03:00

The article examines the legal and organizational aspects of engaging foreign experts during administrative judicial proceedings in Ukraine. In line with its chosen path of European integration, Ukraine has committed to aligning its justice system with European standards, particularly concerning the protection of human rights and freedoms in administrative justice. Ukraine's obligations under the Association Agreement on Cooperation with the European Union in the field of justice include reforms in this area. However, the issue of engaging foreign experts remains underregulated. Judicial practice in Ukraine currently allows the engagement of foreign experts only for conducting commission-based expert examinations. The Code of Administrative Proceedings of Ukraine lacks any specific legal provision for such engagement. This legal uncertainty negatively impacts the organization and conduct of expert examinations, creating barriers not only to deeper integration into the global community but also to ensuring justice within the administrative judicial system. It limits individuals' ability to present evidence and prove their case in court.

The authors aim to highlight the organizational and legal benefits of engaging foreign experts during administrative judicial proceedings in Ukraine. The methodological framework of the study includes general scientific and specialized methods of cognition. Particular attention is paid to the methods of synthesis and comparison, through which positive practices of European courts are identified. The authors propose two potential solutions to address the issue: introducing amendments to the Law of Ukraine "On Forensic Expertise»; Following general trends in the unification of judicial processes, adopting the draft law "On Forensic Expert Activity in Ukraine," which would provide for the engagement of foreign experts and meet modern citizens' needs in protecting their rights and freedoms

Means of protecting the interests of the defendant in civil procedure (in light of the standards of the European convention on human rights and principles of civil procedure)

2025-04-10T14:00:59+03:00

The purpose of the research is to form a comprehensive system of procedural means for protecting the defendant’s interests, to examine the tools, enshrined in national legislation for their compliance with the standards, established in the European Convention on Human Rights, as well as the principles of civil procedure.

The methodology of the article is based on general scientific and specialized methods of legal phenomenon analysis. In particular, during the study, the following methods were used: comparative and legal method, methods of induction and deduction, systemic method, dogmatic method, and formal and logical method.

As a result of the analysis of Ukrainian civil procedural legislation, it has been determined that currently there are no defined procedural means for protecting the defendant’s interests at the legislative level. Therefore, when forming their system, it is necessary to proceed from the procedural rights of this participant in the case, regulated by the Civil Procedure Code of Ukraine, as well as other means, aimed at ensuring the protection of their interests (in particular, counter-guarantees).

It has been argued that the system of means for protecting the defendant’s interests should be individualized for each specific participant in the case. After all, in any case, the interests and desires of a particular person should be taken into account. However, among the main means of protecting the interests of any defendant, the following can be identified: a response, objections, a counterclaim, and counter-security.

In light of the standards of the Convention and the principles of civil procedure, it has been proven that there is a legislative need to establish the right of the defendant to make an application to bring in the co-defendant and replace the improper respondent