Justice in the Covid-19 era Through the Prism of Judicial Power
Abstract
The work is devoted to identifying the main problems in the field of the principle of legal proceedings in the context of the Covid-19 pandemic. The research applies the formal-legal, historical and legal, comparative and modeling methodology. The order and issues to be considered are as follows: in the first section, we will consider the challenges and threats to justice that emerged during the Covid-19 pandemic. In the second section, we will see the judicial experience during the pandemic in the context of the basic principles of the judiciary. In the third section, we examine the application of organizational and procedural principles of the judiciary during the pandemic crisis. In the final fourth section, we will assess the role of international judicial institutions and government bodies in optimizing the administration of justice in the context of the Covid-19 pandemic. As a result of the work, emphasizing the vulnerability of the judicial system and justice standards, the authors support the expansion of exchange of experience and cooperation not only at the state level but also at the level of professional communities of judges, in particular with the members and judges of the European Commission for the Effectiveness of Justice, the Advisory Council of European Judges, and the European human rights courts.
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References
Boot, A., Carletti, E., Haselmann, R., Kotz, H. H., Krahnen, J. P., Pelizzon, L., Schaefer, S. & Subrahmanyam, M. (March 24, 2020). The coronavirus and financial stability. Vox. In https: //voxeu.org/content/coronavirus-and-financial-stability.
Bos, v. d. K., Velden, v. d. L. & Lind, E.A. (2014). On the Role of Perceived Procedural Justice in Citizens 'Reactions to Government Decisions and the Handling of Conflicts. Utrecht Law Review, 10(4), 1-26. In https: //www.utrechtlawreview.org/articles/abstract/10.18352/ulr.287.
Bosnia and Herzegovina. Constitutional Court. (2020). Decision АР 1217/20. In http://www.ustavnisud.ba/dokumenti/_en/AP-1217-20-1234093.pdf.
Brennan, D. (2020). Fines, jail time and sackings: what happens when people break coronavirus quarantines around the world. Newsweek. In https: //www.newsweek.com/fines-jail-time-sackingswhat-happens-people-break-coronavirus-quarantines-around-world-1492947.
Center on International Cooperation. (2020). Pathfinders for Peaceful, Just and Inclusive Societies, Justice in a Pandemic—Briefing One: Justice for All and the Public Health Emergency. In https://www.justice.sdg16.plus/.
Centers for Disease Control and Prevention. (2019). What Law Enforcement Personnel Need to Know about Coronavirus Disease 2019 (Covid-19). In https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-law-enforcement.html.
Civicus. (2020). States should put human rights at the center of all responses to Covid-19. In https://www.civicus.org/index.php/media-resources/media-releases/4357-civicus-statesshould-put-human-rights-at-the-centre-of-all-responses-to-covid-19/.
Council of Europe. (2020). How should judges respond to the Covid-19 challenges and what lessons should they learn? Advisory Council of European Judges. In https://www.coe.int/ru/web/portal/Covid-19.
CrisisGroup. (2020). Covid-19andConflict: SevenTrends to Watch. In https://www.crisisgroup.org/global/sb4-Covid-19-and-conflictseven-trends-watch.
European Commission for the Efficiency of Justice (CEPEJ). (2020). Lessons Learned and Challenges Facing the Judiciary during and Beyond the Covid-19 Pandemic: Declaration. In https://rm.coe.int/cepej-declaration-on-lessons-learned-cepej-2020-8rev/16809ede8b.
European Union Advisory Mission to Ukraine (EUAM). (April 17, 2020). Justice in times of a pandemic, EU judges shared their practical experience with Ukrainian colleagues. In https://www.euam-ukraine.eu/ua/news/9479/.
Gaviria, P. (April 3, 2020). Police report jump in domestic violence cases amid coronavirus crisis. Komo News. In https://komonews.com/news/local/police-report-jump-in-domestic-violence-report-amid-coronavirus-crisis.
Gorodovenko, V. V. (2012). Principles of the Judiciary. Kharkiv: Right.
Graham-Harrison, E., Giuffrida, A., Smith H. & Ford, L. (March 28, 2020). Lockdowns around the world bring rise in domestic violence. The Guardian. In https://www.theguardian.com/society/2020/mar/28/lockdowns-world-rise-domestic-violence;
Guterres, A. (2020). Covid-19 pandemic and human rights. United Nations. In https://www.un.org/ru/coronavirus/we-are-all-together-human-rights-and-Covid-19-response.
Kupchan, C. A. (April 2, 2020). Trump's Covid-19 lapse gives China an opening. CNN. In https://edition.cnn.com/2020/04/02/opinions/trump-covid-china-charles-kupchan-opinion/index.html.
Legg, M. & Song, A. (2020). The courts and the pandemic: the role and limits of technology. LSJ Online. In https://lsj.com.au/articles/the-courts-and-the-pandemic-the-role-and-limits-of-technology/.
North, A. (March 26, 2020). When home is not safe: What the coronavirus pandemic means for domestic violence survivors. In https://www.vox.com/2020/3/26/21193814/coronavirus-domestic-violenceshelters-Covid-19-abuse;
Office of the High Commissioner. (2020). Urgent action needed to prevent Covid-19: rampaging through places of detention. In https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25745&LangID=E.
Organisation for Economic Cooperation and Development (OECD). (March 2, 2020). Coronavirus: the world economy at risk. In https://www.oecd.org/economic-outlook/.
Organization for Security and Co-operation in Europe. (1990). Copenhagen Meeting of the OSCE Human Dimension Conference. In https://www.oscepa.org/documents/election-observation/election-observation-reports/documents/1344-osce-copenhagen-document-1990-eng/file.
Republic of Macedonia. Constitutional Court. (2020). Decision U.no.44/2020 and U.no.50/2020. In http://ustavensud.mk/?p=19030.
Seregin, V. (2015). Rule of law: modern ideas about the essence and content of the constitutional principle. Legalitas. In http://legalitas.com.ua/ua/ukr-v-serogin-verxovenstvo-prava-suchasni-uyavlennya-pro-sutnist-ta-zmist-konstitucijnogo-principu/.
Travesi, F. (March 27, 2020). Justice in the Era of Covid-19: Our Global Responsibility. International Center for Transitional Justice. In https://www.ictj.org/news/justice-era-Covid-19-our-global-responsibility.
Ukraine. (2020). On amendments to some legislative acts of Ukraine aimed at providing additional social and economic guarantees in connection with the spread of coronavirus disease (Covid-19): Law 540. In https://zakon.rada.gov.ua/laws/show/540-20#Text.
Ukraine. (2020). On amendments to the Economic Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, and the Code of Administrative Procedure of Ukraine on the course of procedural timeframes during the quarantine established by the Cabinet of Ministers of Ukraine to prevent the spread of coronavirus disease (Covid-19): Law. In https://zakon.rada.gov.ua/laws/show/731-20#Text.
Ukraine. Judicial Power. (June 4, 2020). Canadian and Ukrainian experiences in the administration of justice in the context of the Covid-19 pandemic. In https://od.arbitr.gov.ua/sud5017/pres-centr/general/949472/.
Ukraine. Supreme Court. (2020). A webinar of the network of the highest courts of the ECHR on the administration of justice in a pandemic was held. In https://supreme.court.gov.ua/supreme/pres-centr/news/968811/.
United Kingdom. (2020). Guideline PD51ZA. In https://www.justice.gov.uk/courts/procedure-rules/civil/rules/practice-direction-51za-extension-of-time-limits-and-clarification-of-practice-direction-51y-coronavirus.
United Nations. (1948). Universal Declaration of Human Rights. In https://www.un.org/en/universal-declaration-human-rights/.
United Nations. (1950). Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols n° 11 and 14. In https://www.echr.coe.int/documents/convention_eng.pdf.
United Nations. (1966). International Covenant on Civil and Political Rights. In https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx.
United Nations. (1985). Basic Principles on the Independence of the Judiciary. In https://www.un.org/ruleoflaw/blog/document/basic-principles-on-the-independence-of-the-judiciary/.
Williams, D. & Johnson, D. (2020). Covid-19: Litigation in the Time of a Pandemic. Dac Beachcroft. In https://www.dacbeachcroft.com/en/gb/articles/2020/march/Covid-19-litigation-in-the-time-of-a-pandemic-latest-updates/.
World Health Organization. (2020). Preparedness, prevention and control of Covid-19 in prisons and other places of detention: Interim guidance. In http://www.euro.who.int/data/assets/pdf_file/0019/434026/Preparedness-prevention-and-control-of-Covid-19-inprisons.pdf.
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