Open Access Journals
We are pleased to present the latest issue of Access to Justice in Eastern Europe.
This issue covers key topics that are highly relevant to contemporary jurisprudence, including the rapid development of artificial intelligence technologies, the protection of digital rights and personal data, the extraterritorial impact of European law, and the evolution of tort liability institutions in the face of new challenges. Contemporary legal problems are becoming increasingly transnational, which is perfectly illustrated by the geographical scope of the research in this edition, bringing together perspectives from the Western Balkans, Vietnam, Ukraine, Kazakhstan, Jordan, Saudi Arabia, Lithuania, Estonia, and Azerbaijan.
What is particularly crucial today is how the law responds to threats to the fundamental values and rights of the most vulnerable groups. The search for effective mechanisms to prevent psychological violence at work, protect children's privacy in the digital environment, enforce mediation in labour disputes, and provide international legal protection for deported persons all remind us that the human being and access to justice must remain at the centre of any technological innovations or geopolitical transformations.
As Ukraine confidently advances toward EU membership, aligning its national private international law with the EU acquis has become an urgent legislative task. In the article “Main Connecting Factor for Tort Claims in the EU and Ukraine: Lessons from the CJEU Case Law for Ukrainian Recodification”, Bohdan Karnaukh and Tetiana Tsuvina focus on cross-border tort disputes. The authors provide a detailed analysis of the Brussels I Recast and Rome II Regulations through the prism of CJEU case law. By diagnosing conceptual gaps in Ukraine’s Draft Civil Code—such as the distinction between direct and indirect damage—this study offers a timely 'audit' and targeted recommendations for legislators and practising lawyers alike.
Addressing the conceptual complexities of intellectual property, Kostiantyn Pilkov brilliantly analyses the landmark "Citramon" case in his publication. The author thoroughly unpacks the logic of the Grand Chamber of the Supreme Court regarding whether a trademark can be declared well-known to everyone (erga omnes) or strictly between parties to a specific dispute (inter partes). This research provides critical insights into how limiting the effect of court decisions prevents the circumvention of limitation periods and protects bona fide competitors, perfectly exemplifying how legal doctrine meets the real needs of judicial practice.
In the study “The International Legal Framework for the Dignified Return and Security of Azerbaijanis Deported from the Present-Day Armenia”, Afsar Sadigov and Saftar Rahimli tackle the delicate issue of forced displacement. Approaching the topic through the rigorous lens of peremptory norms of international law (jus cogens), international humanitarian law, and human rights law, the researchers propose a comprehensive, multi-layered framework of legal remedies. The authors detail mechanisms of international state responsibility—including restitutio in integrum, financial compensation, and legal guarantees of non-repetition—necessary to create conditions for a safe and dignified repatriation.
We deeply value research demonstrating the intrinsic link between theory and the challenges of legal application. The concept of an "ideal law" is an illusion; doctrine and general principles of law serve as the essential toolkit that helps judicial discretion interpret the law not only by its letter but by its spirit.
Another highly anticipated contribution to this issue explores the complex dynamics of democratic engagement in transitional societies. In their comprehensive comparative study, “Legal Culture, Institutional Trust, and Civic Participation in Post-Socialist Legal Systems,” Victor Zhamuldinov and Arman Akhmetov shift the focus from the mere formal existence of rights to the broader socio-legal environment. By analysing Kazakhstan alongside Eastern European states—including Poland, Lithuania, Ukraine, and Hungary—the authors demonstrate that stable civic participation requires much more than procedural accessibility.
In closing, we extend our deepest appreciation to our editorial board and reviewers for their outstanding professionalism and impartial evaluations. As legal scholarship grows increasingly complex, their meticulous peer review remains the bedrock of our journal’s quality. We believe our authors value this rigorous process, understanding that every piece of constructive feedback is a collaborative endeavour aimed at refining their research and enriching the broader legal debate.
We invite our readers to explore these timely contributions and join the global dialogue to advance a profound understanding of justice in our interconnected world!
We are exclusively receiving submissions through Scholastica. We welcome various article types related to access to justice and legal science, all of which undergo rigorous peer review and are evaluated without any editorial prejudices.
partly consisting of young academics’ essays;
with overview of current judgments important for law enforcement;
Why Europe Should Reconsider its Anti-Arbitration Policy in Investment Disputes
Extraordinary Complaint in Civil Proceedings under Polish Law
Small Claims and Procedural Simplification: Evidence from Selected EU Legal Systems
1. Introduction. – 2. Methodology. – 3. Theoretical Foundations of the Right to Remain Offline. – 3.1. Defining the ‘Right to Remain Offline’. – 3.2. Relationship with Fundamental Rights. – 3.2.1. Autonomy and Freedom of Choice. – 3.2.2. Access to Public Services and Participation. – 3.2.3. Equality
1. Introduction. – 2. Methodology. – 3. Normative Framework of the Study. – 4. Facts of the Case. – 5. Interpretation of Statutory Exceptions. – 6. Specific Statutory Basis. – 7. Differentiation of Legal Standards. – 8. Conclusion.
1. Introduction. – 2. The Nature of the Dispute, Court Decisions and Legal Issues Raised in the Case. – The Key Issue of the Case: The Effect of the Court Recognising a Trademark as Well-Known. – 4. Subsequent Questions of the Case: Good Faith of Registration and Use of a Similar Mark by a Competito