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All Journal Mawaddah: Jurnal Hukum Keluarga Islam Jurnal Pengabdian Hukum Indonesia
Bychkov, Ihor
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice

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Unity and Contradictions Between Law and Morality in British and Ukrainian Proceedings Bychkov, Ihor; Ponomarenko, Yuriy A.; Epel, Oksana V.; Belkin, Mark; Kiriushyn, Dmytro
Indonesian Journal of Legal Community Engagement Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.25486

Abstract

Law and morality are closely interconnected in the regulation of social relations, shaping both legal awareness and social behaviour. In different legal systems, this relationship is manifested through legislation, case law and ethical standards that influence legal decision-making. This study examines how moral principles interact with legal norms in UK and Ukrainian litigation, using a comprehensive methodological approach that includes dialectical, comparative, historical and formal legal analysis. The study highlights how moral and legal dilemmas in judicial decisions affect public trust and perceptions of justice, particularly in cases involving corruption, political influence and human rights. By identifying these problems, the study suggests legal interventions, such as the introduction of amicus curiae mechanisms, strengthening judicial ethics and moral reasoning in judicial decisions, which can better align judicial processes with the values and expectations of the community. This article contributes to the field of legal community engagement by suggesting practical strategies for bridging the gap between formal legal systems and the lived experience of communities. It is particularly relevant to practitioners, policy makers and judicial educators who seek to promote socially responsible justice systems that empower marginalised groups and foster public trust in the rule of law.
Reconceptualizing Stage-Based Legal Proceedings: A Comparative Analysis of European Models and Judicial Reform in Ukraine Bychkov, Ihor; Romanchenko, Yevhen; Petrenko, Anatolii; Kaylo, Ivan; Svintsytskyi, Andrii
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.69

Abstract

This paper examines the stage-based approach to the organization of legal proceedings in the justice systems of Europe and Ukraine. Staging is understood as a procedural framework that structures judicial activity into successive phases, ensuring fairness, transparency, and efficiency of the trial process. The study analyses key stages of legal proceedings, including pre-trial investigation, preparatory procedures, trial, and appellate review, highlighting their role in protecting procedural rights and upholding the rule of law. Using a comparative legal approach, the research explores the practices of Germany, the United Kingdom, France, Italy, and Spain to identify common features and differences in stage-based models. Particular attention is given to the influence of European legal standards and international judicial practice on national systems, as well as to the challenges of adapting these approaches in Ukraine. The paper identifies major shortcomings in the Ukrainian judicial process, such as inefficiencies in pre-trial investigation and limited effectiveness of judicial control. The findings show that a well-structured stage-based system enhances legal certainty and the protection of human rights. The study concludes that Ukraine should develop a functionally effective procedural model based on European best practices while considering national legal realities.
Co-Authors Belkin, Mark Epel, Oksana V. Kaylo, Ivan Kiriushyn, Dmytro Petrenko, Anatolii Ponomarenko, Yuriy A. Romanchenko, Yevhen Svintsytskyi, Andrii