Analysis of the most unusual court decisions in the world practice in terms of the right to justice

Abstract

The relevance of the research is to identify ineffective methods of administration of justice in the world judicial practice to ensure the effectiveness of the judicial system in Ukraine. The purpose of the research is to identify and analyse the most unusual court cases in different countries from the Middle Ages to the present day to determine the level of public access to justice as a guarantee of the protection of human rights and ensure the rule of law and equality of all before the law and the court. The methods used to explore the subject include: the dialectical method, formalisation method, cognitive method, Aristotelian method, hermeneutical method, logical and legal method, systemic method, structural and functional method, axiomatic method, methods of induction and deduction, methods of analysis and synthesis. The research establishes how accessible justice and law were to people in different eras. The specific features of court proceedings in the Middle Ages are determined. The most unusual cases that have become known in many countries of the world, including the “Stella Case” and the “Cuckoo Case”, are examined; the essence of the “Stella Award” phenomenon is covered; some curious cases in Ukraine and other countries of the world are explored. The author analyses several court cases of ancient times and cases that have been considered in modern court practice. The most unusual curious court cases where the accused were not at all human, and animals and objects are explored and described. The author examines unusual court cases in Ukraine. The provisions enshrined in this work are of practical value primarily for judicial officers and persons seeking judicial protection.

Keywords

• court
• plaintiff
• defendant
• access to court
• unusual cases
• verdict