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1
Crosby, Scott. „The Istanbul Resolution of the European Criminal Bar Association“. New Journal of European Criminal Law 4, Nr. 3 (September 2013): 205–11. http://dx.doi.org/10.1177/203228441300400303.
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2
Crosby, Scott. „The Human Rights Officer of the European Criminal Bar Association“. New Journal of European Criminal Law 5, Nr. 1 (März 2014): 2–4. http://dx.doi.org/10.1177/203228441400500101.
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3
Ramos, Vânia Costa, Alexis Anagnostakis, Amedeo Barletta, Jaanus Tehver und Nicola Canestrini. „European Criminal Bar Association statement of principles on the use of video-conferencing in criminal cases in a Post-Covid-19 World“. New Journal of European Criminal Law 12, Nr. 3 (28.04.2021): 476–93. http://dx.doi.org/10.1177/20322844211013541.
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This is a statement by the European Criminal Bar Association on the use of Video-Conferencing in Criminal Cases in a Post-Covid-19 World. It addresses the topic using a two-fold distinction between the use of remote hearings in domestic and in cross-border cases, on one hand, and the use of such of remote technology for conducting interviews of the suspect or accused in the pre-trial stages or at trial hearings, on the other hand. Recognising that these distinctive settings impact differently upon the seriousness of the interference with the fair trial rights and the rights of defence of the suspect or accused, and also upon the circumstances that must be weighed in order to assess whether restrictions are proportionate, adequate and necessary, the European Criminal Bar Association assesses whether the use of remote technologies in those different settings is acceptable and outlines proposals for further action in the field.
4
Asnis, A. Ya, und Sh N. Khaziev. „International Forensic Cooperation and Advocacy“. Theory and Practice of Forensic Science 14, Nr. 4 (08.01.2020): 43–54. http://dx.doi.org/10.30764/1819-2785-2019-14-4-43-54.
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The article discusses the interaction of lawyers involved in criminal defense and the international forensic community, the principles of international cooperation in the field of forensic examination. Information is provided on forensic aspects of the activities of the United Nations, the European Criminal Bar Association and a specific case of the participation of fingerprint experts from a range of countries in a unique case on protection of an innocent victim of an expert error is described. The importance of taking into account the cognitive bias of experts and other subjective factors, as well as the role of lawyers in assessing expert opinions, is noted. The main conclusions and recommendations on the interaction of the forensic and advocate communities in current conditions are presented.
5
Jilkin, V. A. „Historical Aspect and Prerequisites for Amending the Constitution of the RF“. Russian Journal of Legal Studies 4, Nr. 3 (15.09.2017): 202–7. http://dx.doi.org/10.17816/rjls18317.
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The following article examines aspects of the United States Agency for International Collaboration (USAID) programs influence in the rule of law field, started in the USSR during the early 90s. USAID-funded Rule of Law implementers helped draft the Russian Constitution, Part I of the Russian Civil Code, and the Russian Tax Code. The American Bar Association of the USA took an active part in changing Russian legislation since 1992, which was also funded by the USAID. The Constitution of 1993 included a provision on the priority of international law over national legislation. This provision was also included in Article 1 of the Criminal Code and in Article 1 of the Russian Code of Criminal Procedure. The article also deals with an enshrined supremacy of the Constitution found in the US Constitution and that of the European countries. For example, if there is a conflict between constitutional provisions and an international treaty, priority is given to the Constitution. Not all states recognize certain norms and implement them, just as legal practice is not always identical. Attempts to introduce alien values, ideologies, cultures and traditions, all the more with the help of international law, pose a threat to the democratic foundations of the Constitution as a legal act that has the highest legal force in the legal system of the state. The author suggests that the text of the Constitution of the Russian Federation would see the provision removed, according to which international law forms an integral part of the legal system of the Russian Federation. Amendments to the Constitution of the Russian Federation will strengthen Russia’s independence in the sphere of law, bringing back the best traditions of the functioning state authorities and judicial bodies, which should correspond to the current development of Russian society. Keywords: international law, constitutional law, the rule of law, double standards, human rights.
6
Karnavas, Michael G. „Defence Counsel Ethics, the icc Code of Conduct and Establishing a Bar Association for icc List Counsel“. International Criminal Law Review 16, Nr. 6 (23.11.2016): 1048–116. http://dx.doi.org/10.1163/15718123-01606008.
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Defence counsel are ethically bound to zealously represent their clients. So what exactly does it mean to ‘zealously represent’ a client before any of the international criminal courts or tribunals? How unproblematic is it for defence counsel to meet their ethical duties? Would an International Criminal Court (icc) Bar or professional association for icc List Counsel and their assistants be of any significance to that end? This contribution concludes that the only way forward out of the prevailing and persistent morass List Counsel currently find themselves in at the icc, is through the establishment of a Bar Association for List Counsel and their assistants.
7
Kuzmenko, O. V., und N. P. Sichko. „Features of the functioning of the committee on issues of integration of the advocacy system of Ukraine in the EU at the national association of lawyers of Ukraine“. Uzhhorod National University Herald. Series: Law 2, Nr. 80 (20.01.2024): 241–45. http://dx.doi.org/10.24144/2307-3322.2023.80.2.38.
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The article is devoted to the peculiarities of the functioning of the committee on the integration of the Ukrainian legal system in the EU at the national association of lawyers of Ukraine. It is noted that at the National Association of Lawyers of Ukraine, appropriate Committees are created for the purpose of effective regulation of the activities of the Institute of Advocacy. Each of the formed Committees has its own status, tasks, principles and functions of activity, organizational structure and regulates certain legal relations in the field of advocacy. Committees of the National Bar Association of Ukraine have the status of permanent advisory bodies formed under the National Bar Association of Ukraine by order of the Chairman of this organization, the Bar Council of Ukraine, or by decision of the Bar Council of Ukraine.
It is noted that the purpose of the creation of the Committee by the National Association of Lawyers of Ukraine is to define the implementation of European legal standards for the law enforcement activities of Ukraine, European integration and interaction with European institutions on the development of the legal profession, the establishment of the principle of the rule of law and the provision of human rights in Ukraine, the promotion of Ukrainian lawyers in professional development and promotion qualifications in Ukraine and abroad.
It was concluded that, unfortunately, the normative acts of the Bar Council of Ukraine do not regulate the functions of the Committee on Integration of the Bar System of Ukraine in the EU under the National Bar Association of Ukraine. However, in our opinion, its main functions can be: 1) analysis and study of European legal standards related to advocacy; 2) development of recommendations and proposals for adaptation and implementation of these standards in Ukraine; 3) providing training and informing lawyers about European standards and norms; 4) interaction with authorities and other interested parties to support the integration of the Ukrainian legal profession into the European legal space; 5) promotion and protection of the rights and interests of lawyers in the context of European standards, etc.
That is why further adaptation to European standards is important to ensure compliance of the Ukrainian legal profession with international requirements and improve the quality of legal services. This organization helps in solving issues related to the harmonization of the regulatory and legal environment and providing lawyers with the necessary knowledge and skills. Its activities contribute to the improvement of cooperation between lawyers and European colleagues, and also strengthen the status of lawyers in Ukraine in the international arena.
8
Eltsov, Nikolay Sergeyevich. „THE LEGAL POSITION OF THE EUROPEAN ASSOCIATIONS OF LAWYERS“. Current Issues of the State and Law, Nr. 9 (2019): 6–15. http://dx.doi.org/10.20310/2587-9340-2019-3-9-6-15.
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We consider the legal situation specificity and the main activities of European associations of lawyers. Communities of judges, prosecutors, lawyers in public service are quite rare and, as in Russian practice, are not considered as public (non-governmental) associations. Membership in the association of lawyers of European countries is mainly associated with such professional activities as advocacy and notary, which is a private legal component of legal activity. The main tasks of many associations of lawyers is to protect the interests of its members, training and retraining of association members. Membership in these associations does not give any financial privileges, in Western European professional legal associations at the regulatory level, tax benefits for members of these organizations and legal instruments for professional growth are fixed. We analyze the activities of such associations as the German lawyer association, the Bar Association of the Federal Republic of Germany and the Republic of China (Taiwan), the European Bar Association for democracy and human rights. On the basis of the comparative and legal characteristics of Russian and European associations of lawyers we made a conclusion about the distinctive and similar features in their legal position.
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Jackson, Adam M., und Gemma Louise Davies. „Making the case for ECRIS“. International Journal of Evidence & Proof 21, Nr. 4 (15.02.2017): 330–50. http://dx.doi.org/10.1177/1365712717692813.
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Criminal record information has various uses, including, in the detection of crime, as evidence in criminal proceedings, in consideration of an appropriate sentence after conviction and in determining the suitability of an individual for, or providing a bar to, employment. As such this information can have a high value but can also significantly interfere with a person’s right to private and family life under Article 8 of the European Convention on Human Rights. The importance of Article 8 in this area has been increasingly recognised both domestically and in Strasbourg, with such case law making clear the imperative that criminal record information is accurate, retained and disclosed only in proper circumstances and, where appropriate, is capable of being subject to proper challenge. The operation of the European Criminal Records Information System (ECRIS) for exchange of criminal records between Member States is explored and the benefits and risks of exchanging criminal records information within such an automated system are identified. The compliance of ECRIS to Article 8 ECHR is considered and suggestions made for future improvements. Evidence is provided that ECRIS constitutes a singular improvement on earlier ad hoc arrangements and should therefore be retained by the United Kingdom post-Brexit.
10
Meliáá, Manuel Cancio. „The Wrongfulness of Crimes of Unlawful Association“. New Criminal Law Review 11, Nr. 4 (2008): 563–89. http://dx.doi.org/10.1525/nclr.2008.11.4.563.
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Though always present in penal codes, offenses based on belonging to a criminal organization occupy a vanguard position in today's evolution of penal law systems: organized crime is located at one of the most prominent places in the criminal policy agenda. Nevertheless, neither criminal law theory nor the actual content of criminal provisions nor the putting of theory into practice enables an adequate restriction of the interpretation of the laws against criminal organizations. Therefore we need to investigate the wrongfulness at the base of this offense. European legal scholarship has proposed two basic approaches: to consider that this offense anticipates the possibility of punishing and prosecuting such behavior (anticipation theory) or to consider that it harms a collective interest ("public security," "public peace"). From our perspective, it is necessary to underline the collective wrongfulness embedded in a criminal organization and that, beyond the actual crimes committed, it questions the monopoly of violence exercised by the state. It represents the constitution of a violent organization that counters the basis of state political organization (arrogation of political organization). This approach opens a possibility to adequately define the offense of belonging to a criminal organization.
11
Cojocari, Ion. „Organized crime: criminal liability for the crime of organizing illegal migration“. National Law Journal, Nr. 3(245) (Februar 2022): 93–101. http://dx.doi.org/10.52388/1811-0770.2021.3(245).10.
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Organized crime is a complex phenomenon. The key elements of the content of this phenomenon are addressed differently in the doctrine and regulatory acts of the Member States of the United Nations. The fight against organized crime is one of the most important issues for the entire world communityat the moment. This concern stems from the global spread of this phenomenon. This article defines the concepts of organized criminal group and criminal organization. Particular attention is paid to the term “criminal association”. In the article, the aggravation is related to the international standards on the fight against organized crime. A comparative legal-criminal analysis of the European Union Standards in the fight against organized crime is carried out. According to the Association Agreement concluded between the Republic of Moldova and the European Union, our country undertakes: “to prevent and combat all forms of organized crime, trafficking in human beings and corruption, as well as to intensify its cooperation in the fight against terrorism.” Ensuring the protection of an “organized criminal group” or “criminal organization” is a positive obligation of the state, which must pursue the legal purpose set out in the European Convention on Human Rights.
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Jacobsen, Maria Hessen. „Observation of the Ankara 16th Penal Court hearing of case against former co-leader of People’s democratic party (HDP) Figen Yuksekdag 4 July 2017“. New Journal of European Criminal Law 8, Nr. 4 (Dezember 2017): 439–52. http://dx.doi.org/10.1177/2032284417743143.
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In July 2017, The Human Rights Committee of the Norwegian Bar Association conducted a trial observation in the trial of Mrs. Yuksdekdag, former co-leader of the HDP party in Turkey. The observer was together with 14 other international observers denied entrance to both the courtroom and the press conference in Ankara, and has given a detailed written statement on these accounts. The observation report summarizes the current situation of the Rule of Law in Turkey and the increasing international concerns, exemplified by the case against Mrs. Yuksekdag. The Human Rights Committee of the Norwegian Bar Association express deep concern regarding the independence of the Turkish Judiciary, the extensive use of emergency decrees, the seemingly arbitrary dismissal of thousands of public servants, along with the Turkish government's criminal persecution of amongst others human rights defenders, journalists, politicians, lawyers, prosecutors and judges.
13
Marrah, Augustine Sorie-Sengbe. „A Critique of the Supreme Court of Sierra Leone’s Conviction of Augustine Marrah for Criminal Contempt“. Strathmore Law Journal 5, Nr. 1 (08.06.2021): 209–16. http://dx.doi.org/10.52907/slj.v5i1.148.
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The Legal Practitioners Act of 2000 authorises the Sierra Leone Bar Association to elect six legal practitioners for membership of the General Legal Council (Council), which is the regulatory body of the legal profession in Sierra Leone. In April 2019, Ibrahim Sorie was among the legal practitioners elected to the Council. Subsequently, I—another legal practitioner—objected to and petitioned in the High Court of Sierra Leone Sorie’s election to the Council on the basis of ineligibility.
The thrust of my objection was that Sorie, a two-term ex-president of the Sierra Leone Bar Association had not yet attained the necessary fifteen-year standing qualification at the date of his appointment to the Council, based on his year of enrolment into the Permanent Register or Roll of Court in 2011.
Sorie filed an action in the Supreme Court against the Council invoking the exclusive original jurisdiction of the Supreme Court to interpret certain portions of the Constitution of Sierra Leone vis-à-vis the eligibility provision for membership to the Council in the Legal Practitioners Act.2 The Supreme Court delivered a controversial 97-paged judgment on 27 October 2020.
14
Clifford, Anita. „Menci & Garlsson Real Estate SA and Others v. Commissione Nazionale per le Società e la Borsa (Consob) & Joined Cases Di Puma v. Consob and Consob v. Zecca (CJEU)“. International Legal Materials 57, Nr. 4 (August 2018): 583–615. http://dx.doi.org/10.1017/ilm.2018.31.
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On March 20, 2018, the Grand Chamber of the Court of Justice of the European Union delivered a trio of judgments that substantially clarify the application of the ne bis in idem principle where both criminal and administrative proceedings are pursued. Both the Charter of Fundamental Rights of the European Union (the Charter) and the European Convention on Human Rights (ECHR) recognize the principle, but it will be more familiar to common law practitioners as the protection against double jeopardy. Increasingly, dual investigations are common in cases where the underlying activity is essentially financial crime, but tender areas continue to be information sharing and the risk of duplicate punishment where both investigations end in enforcement action. Concerning four cases, Case C-524/15 Menci, Case C-537/16 Garlsson Real Estate and Others, and joined Cases C-596/16 Di Puma and C-597/16 Zecca, each of the judgments addresses preliminary questions referred by the Italian courts; they are significant because they emphasize that ne bis in idem will not serve as a bar to a dual response. The interest in protecting the financial markets justifies limits to the principle but great care must be taken to coordinate the approaches and identify whether a further criminal sanction is masquerading as an administrative penalty.
15
Morawetz, Nancy. „Association of the Bar of the City of New York: Symposium on Immigration and Criminal Law“. CUNY Law Review 4, Nr. 1 (01.10.2001): 3. http://dx.doi.org/10.31641/clr040102.
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Stockdale, Michael, und Adam Jackson. „Expert Evidence in Criminal Proceedings“. Journal of Criminal Law 80, Nr. 5 (Oktober 2016): 344–63. http://dx.doi.org/10.1177/0022018316668448.
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In its 2011 report Expert Evidence in Criminal Proceedings in England and Wales (Law Com No. 325), the Law Commission recommended that the admissibility of expert evidence in criminal proceedings should be governed by a new statutory regime comprising a new statutory reliability test in combination with codification and refinement of existing common law principles relating to ‘assistance’, ‘expertise’ and ‘impartiality’. The government declined to enact the Law Commission’s draft Bill due to a lack of certainty as to whether the additional costs incurred would be offset by savings. Instead the government invited the Criminal Procedure Rule Committee (CrimPRC) to consider amendments to the Criminal Procedure Rules (CrimPR) to introduce, as far as possible, the spirit of the Law Commission’s recommendations. The consequent amendments to CrimPR Part 33 (now CrimPR Part 19) in combination with the making of the new Practice Direction CrimPD 33A (now CrimPD 19A) by the Lord Chief Justice resulted in what he described in his 2014 Criminal Bar Association Kalisher Lecture as ‘a novel way of implementing an excellent Report’. This paper considers the possible evolution of the common law in light of these amendments, the challenges associated with adopting such a novel approach to reform and the potential opportunities for the improvement of expert evidence in criminal proceedings that the changes were intended to create.
17
Shepitko, Mykhaylo. „Criminal And Legal Investigation Of Violation Of The Right To Assembly And Association Freedom“. Archives of Criminology and Forensic Sciences 6, Nr. 2 (26.11.2022): 78–84. http://dx.doi.org/10.32353/acfs.6.2022.06.
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Scientific article is devoted to the issues of ensuring and implementing the right to freedom of assembly through the prism of criminal law research. It has been established that this issue has an international and national level. The Council of Europe Convention on Protection of Rights and Fundamental Freedoms and the practice of European Court of Human Rights provide opportunity to expand interpretation of the right to assembly freedom. In the criminal law sense, the right to freedom of assembly is ensured by Art. 340 of the Criminal Code of Ukraine: Illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations. Separate norms of the Special Part of the Criminal Code of Ukraine legally limit this right. Legal restrictions are contained in the Constitution and Laws of Ukraine. In wartime, this right is subject to limitation, but a reasonable balance of such limitation, obeying foundations of national security, peace, human security, and international legal order, remains important.
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Gispen, Kees. „Memories of Central European History, 1997–2005“. Central European History 51, Nr. 1 (März 2018): 29–30. http://dx.doi.org/10.1017/s0008938918000031.
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I became involved with what was then called the Conference Group for Central European History in early 1997, when I accepted Roger Chickering's invitation to succeed him as Executive Secretary and Treasurer. This put me in charge of preparing and distributing the biannual (now defunct) Newsletter and of carrying out a variety of other duties, including keeping track of the money and organizing the annual executive meeting and the Bierabend—a cash bar and convivial get-together for historians of Central Europe—at the annual conference of the American Historical Association. The Newsletter kept members of the Conference Group informed about matters relevant to Central European history, such as upcoming events, panels on German and Austrian history at the American Historical Association meeting, scholarships, fellowships, as well as events at the German Historical Institute in Washington, DC, including the annual Transatlantic Doctoral Seminar. At one point, it was mailed separately to members and then, sometime later, published in Central European History.
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St-Michel, William, Chloé Grandon, und Marlene Yahya Haage. „Strengthening the Role of Defence at the International Criminal Court: Reflections on How Defence is and Can Be Supported for Greater Effectiveness and Efficiencies“. International Criminal Law Review 18, Nr. 3 (21.05.2018): 517–39. http://dx.doi.org/10.1163/15718123-01803002.
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Noting the absence of institutional status for defence in the structure of the International Criminal Court, the present article discusses the means by which the work of defence is supported for enhanced effectiveness and efficiency in proceedings. The article surveys the regime of legal assistance available to indigent defendants, the privileges and immunities granted to defence as well as the cooperation framework, and the support provided by the Registry of the Court and the Office of Public Counsel for the defence. The article then examines how defence can itself contribute to greater effectiveness and efficiency in the Court’s proceedings and activities, with a particular focus on the establishment of the International Criminal Court Bar Association and the involvement of defence in the amendment procedures to the Court’s texts.
20
Sebba, Leslie. „Will the “Victim Revolution” Trigger A Reorientation of the Criminal Justice System?“ Israel Law Review 31, Nr. 1-3 (1997): 379–428. http://dx.doi.org/10.1017/s002122370001534x.
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Over the past two decades considerable interest has developed in the subject of the victims of crime. This interest reached a peak in the United States in 1982 with the establishment and report of the President's Task Force on Victims of Crime, which made numerous recommendations for legislative, executive, and other institutional action on both the Federal and State levels, including an amendment to the United States Constitution. The momentum, however, continued. Subsequent developments have included the establishment of an Office for Victims of Crime in the Office of Justice Programs, a flurry of legislative activity across the nation, and the declaration of National Victims' Rights Weeks with the participation of the U.S. President. The interests of victims have been taken up not only by special organizations established for the purpose, such as the National Organization of Victims' Assistance (NOVA), the Victims' Assistance Legal Organization in Virginia, and the National Victim Center (founded in honor of Sunny von Bulow) — as well as more narrowly focussed groups such as MADD (Mothers against Drunk Driving), but also by such mainstream professional bodies as the American Bar Association, the National Association of Attorneys General, the National Conference of the Judiciary, the American Psychological Association, and the National Institute for Mental Health.
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Skorulska, Olga. „Prawo osób zatrzymanych do obrony formalnej w polskim procesie karnym. Ocena rozwiązań proponowanych w petycji Naczelnej Rady Adwokackiej w sprawie podjęcia inicjatywy ustawodawczej dotyczącej zmiany art. 245 Kodeksu postępowania karnego“. Problemy Prawa Karnego 6, Nr. 2 (28.12.2022): 1–19. http://dx.doi.org/10.31261/ppk.2022.06.02.02.
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The aim of the article is showing the legitimacy of the Supreme Bar Council’s legislative initiative to amend Article 245 of the Code of Criminal Procedure, aimed at improving the legal situation of detainees and to assess of the solutions suggested by the NRA, as well. The article analyzes the current state of the law from a legal standpoint of the compatibility of the current regulations with the standards arising from European law – which made it possible to identify areas of incompatibility and to examine whether thanks to the solutions suggested by the NRA, these legal discrepancies can be removed or at least – reduced.
22
Decœur, Henri. „The Criminalisation of Armed Jihad under French Law: Guilt by Association in the Age of Enemy Criminal Law“. European Journal of Crime, Criminal Law and Criminal Justice 25, Nr. 4 (23.11.2017): 299–326. http://dx.doi.org/10.1163/15718174-02504001.
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This article discusses the offence of participation in a terrorist group or conspiracy under French law, as applied by the French criminal justice system to prosecute and convict individuals who travel or attempt to travel abroad to participate in armed jihad. In light of a critical assessment of decisions rendered by French courts in cases involving jihadi fighters, it proposes to reflect on the orientation of the criminal law in matters relating to the participation of European nationals in armed jihad in foreign territory. Expressing concern over the excessive reach of substantive criminal-law provisions and of related prosecutorial policies, the article argues that the current legal framework and newly proposed legislation no longer serve the legitimate objective of protecting public order and safety from a tangible threat, and that the criminal law is at risk of becoming a tool of ideological warfare against designated enemies of the state.
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Turanin, Vladislav Yu, Alexandra Vl Gridchina, Vera P. Kutina, Amala A. Umarova und Stanislav F. Dolgov. „Problem of lawyer protection: comparative legal analysis“. Cuestiones Políticas 39, Nr. 70 (10.10.2021): 607–16. http://dx.doi.org/10.46398/cuestpol.3970.36.
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This article is dedicated to the analysis of a preponderant institution of Civil Society in Russia such as the Bar Association, consequently, its role in the implementation of the state function of providing qualified legal assistance is examined. In addition, it ad-dresses the criminal defense mechanism of the Russian legal profession. To achieve the objective of the study, several general scientific techniques, and methods of scientific knowledge (analysis, synthesis, deduction, induction, systemic-structural, formal-logical approaches) and specific scientific methods were launched: historical-legal, formal-legal, comparative-legal, and interpretative are employed. Based on the results obtained, it can be concluded that the legal profession, being an institution of civil society, remains vul-nerable in the legal sense in its interaction with law enforcement agencies. At the same time, by illegally interfering in promotion, public officials go unpunished. There is still no criminal liability for unlawful interference in the activities of a lawyer. It therefore proposes to introduce specific amendments to the criminal legislation governing this matter of general interest.
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Medović, Vladimir. „Stabilization and association treaties in the law of the European Union“. Glasnik Advokatske komore Vojvodine 76, Nr. 9 (2004): 3–10. http://dx.doi.org/10.5937/gakv0402003m.
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The European Communities did not cease to exist after the foundation of the European Union by the Treaty of Mastricht in 1992. In fact, they act as pillars on which the European Union stands, together with the Police and Judicial Cooperation in Criminal Matters and Common Foreign and Security Policy. The European Union does not have the status of a legal entity or a capacity to enter into treaties with third countries or international organization. In both foreign and domestic proceedings it relies upon the institutions and instruments of the European Communities. The European Communities are autonomous in relation to the European Union and act in accordance with the rules contained in the foundation Treaties, which, however, make a constituent part of the Treaty on European Union. The foundation Treaties of the European Communities provide for a possibility for the Communities to enter into international treaties with third countries or international organizations. Stabilization and Association Treaties belong to the category of Association Treaties defined in Article 310 of the Treaty on European Union. Considering that these treaties regulate certain fields which belong to competence of the member states, the member states are usually parties to these treaties along with the European Communities. International treaties entered into between the European Communities and third countries are binding upon the Community institutions and upon member states. International treaties entered in this way are considered a part of Community law. Member states are bound to recognize such effects to these treaties as are provided in the Community law itself.
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Timofeyeva, Liliya. „EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME“. European Historical Studies, Nr. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Ursu, V. „Alignment of national criminal legislation with European Union standards through the lens of the association agreement“. Analytical and Comparative Jurisprudence, Nr. 4 (14.09.2023): 418–24. http://dx.doi.org/10.24144/2788-6018.2023.04.67.
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As a country aspiring to join the European Union, Moldova has been working towards the harmonization of its criminal justice standards and laws with those of the EU.This involves aligning its legal framework with the EU acquis communautaire, which is the body of EU law that all member states must comply with. One of the main objectives of this harmonization process is to improve the efficiency and effectiveness of the Moldovan criminal justice system, as well as to enhance its capacity to fight against cross-border crime and other forms of transnational organized crime. To achieve this, Moldova has implemented a number of reforms aimed at improving its criminal justice institutions and processes, including the adoption of new laws and regulations that are in line with EU standards and practices.In addition, Moldova has also established closer cooperation with other EU countries, both through bilateral agreements and through its participation in EU-wide initiatives such as Eurojust and the European Public Prosecutor’s Office. This cooperation allows for the exchange of information and best practices between Moldova and the EU, as well the coordination of efforts to combat cross-border crime and other forms of transnational organized crime.The path traveled by the states of Central and Eastern Europe in the last decade demonstrates that European integration cannot be considered only as a priority ofthe country’s foreign policy, as was declared by the Government of the Republic of Moldova until recently. Since independence, conditions have been created in the Republic of Moldova that allow a new approach to the European integration process, and the course towards joining the European Union has become a priority state policy that is consistently promoted internally and externally.The adoption of such a new approach is all the more important, as the expansion of the European Union has taken on an unprecedented scale and it is the first time that the accession of new members directly targets the interests of the Republic of Modova.Overall, the harmonization of criminal justice standards and legislation in Moldova is an ongoing process that will require continued effort and cooperation between Moldova and the EU.The article is dedicated to the analysis of the cooperation of the Republic of Moldova with the European Union through the prism of the provisions of the Association Agreement, implicitly, by connecting its national legislation to the requirements stipulated in the legal acts of the EU, this being achieved by implementing the provisions of Directives, Regulations, Decisions of the EU and of the CoE.In the Association Agreement, in particular, in its annexes, a list of concrete legal acts of the EU and the deadline for their implementation established for the Republic of Moldova is included. This denotes the fact that Moldova is obliged not only to harmonize its relevant legislation with these legal acts, but also to implement it and ensure its compliance by the set deadline. It should be taken into account that the Republic of Moldova is not a member state of the EU and, therefore, it is obliged to follow a gradual process of harmonization, because Moldova is not, for now, obliged to carry out full harmonization with the EU acquis, at the level of the EU member states, in order to fulfill its obligations deriving from the Agreement. However, the acquisition in 2022 by the Republic of Moldova of the status of a candidate state for EU accession, denotes wider efforts in terms of harmonizing national legislation with EU legislation, which is not limited to the EU acquis included in the annexes to the Association Agreement, but implies the need to ensure the transposition into national legislation of the entire legislative body of the EU.According to the analysis of the European Commission, Moldova has reached a certain level of preparation (level II) for the implementation of the EU acquis in the field of justice, freedom and security. The legislation is largely aligned with EU legislation, and Moldova has implemented a number of important strategies. However, there is room for improvement regarding institutional cooperation and coordination to boost implementation.
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Bond, Jennifer, Nathan Benson und Jared Porter. „Guilt by Association: Ezokola’s Unfinished Business in Canadian Refugee Law“. Refugee Survey Quarterly 39, Nr. 1 (25.01.2020): 1–25. http://dx.doi.org/10.1093/rsq/hdz019.
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Abstract Guilt by association is an insufficient ground on which to deny international refugee protection. This was the finding in Ezokola v. Canada, a landmark case holding that Article 1F(a) of the Refugee Convention requires a “voluntary, knowing and significant contribution” to a crime or criminal purpose before a refugee claimant can be excluded from protection on the basis of alleged involvement in international crimes. However, the same kinds of underlying acts that were before the Supreme Court of Canada in Ezokola – and are routinely considered under the Article 1F(a) exclusion framework – are also assessed under a second, distinct part of Canada's refugee system called the inadmissibility framework. This article explores the relationship between exclusion and inadmissibility, and demonstrates critical differences in the scope of each framework. We ultimately conclude that Canada's inadmissibility provisions bar asylum seekers from refugee protection on grounds broader than those permitted under Article 1F(a). This renders Canada's refugee claims system fundamentally inconsistent with the Refugee Convention and means that the business started in Ezokola urgently needs to be finished.
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Sirotkina, Mariia, Olena Lomakina und Olena Shkarnega. „TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS“. Baltic Journal of Economic Studies 7, Nr. 1 (22.01.2021): 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.
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Čentéš, Jozef, und Maximilián Kiko. „Efficiency of Pre-Trial Proceedings – Current Challenges of Criminal Law“. Bratislava Law Review 7, Nr. 2 (29.12.2023): 255–58. http://dx.doi.org/10.46282/blr.2023.7.2.795.
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On September 11th and 12th, 2023 was held under the auspices of the Alumni Club and Faculty of Law of the Comenius University in Bratislava the international scientific conference “Bratislava Legal Forum 2023“ (hereinafter as “conference”). The central theme of the plenary session was “Human at the center of the rule of law". One of the main goals of the conference was to connect the knowledge of legal practice and legal science through their representatives from the domestic and international environment. In order to reach this goal was the conference divided into plenary session and parallel discussions in thematically focused sections. The plenary session had two panel discussions. One of them was panel discussion called “Artificial intelligence as a challenge for law, legal education and the rule of law” and second one was panel discussion called “Criminal law and the rule of law” moderated by professor Tomáš Strémy (academic professor and attorney at law). Participants of this panel discussion were doc. JUDr. Eduard Burda, PhD. (Dean, Faculty of Law, Comenius University in Bratislava), JUDr. Petr Angyalossy, PhD. (President, Supreme Court of the Czech Republic), JUDr. Martin Puchalla, PhD. (Chairman, Slovak Bar Association), JUDr. Jozef Kandera (first deputy general prosecutor of the Slovak Republic, General Prosecutor's Office of the Slovak Republic).
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CHANDAVARKAR, RAJNARAYAN. „Customs of Governance: Colonialism and Democracy in Twentieth Century India“. Modern Asian Studies 41, Nr. 3 (11.01.2007): 441–70. http://dx.doi.org/10.1017/s0026749x06002472.
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‘Who is stealing electricity’ at Tis Hazari?—the principal magistrate's court for the city of Delhi. The mystery, it turned out, had a simple solution. It implicated a large proportion of the 1500 lawyers' chambers in the court buildings. According to the Vice-President of the Delhi Bar Association (Criminal), the problem arose because the Delhi Vidyut Board ‘had installed electricity junction boxes in the premises and has not given any regular connection to individual chambers. Hence, most lawyers had to make their own arrangements’. By this, he meant that the lawyers resorted to tapping electricity from the board's supply lines to run their lights and fans, their refrigerators, air-conditioners and computers. Speaking on behalf of the criminal lawyers, and lending a certain adjectival force to their professional description, their Vice President admitted that it was true that ‘earlier, we were stealing electricity. … But now we have taken up the matter with the DVB and have shown our eagerness in seeking regularised connections’. It was almost as if he expected that their eagerness could be entered as a plea in mitigation.
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Berzin, P., R. Volynets und O. Frolova. „The german «model» of criminal-legal protection of the circulation of medicines and the circulation of medical products: concepts and structure“. Uzhhorod National University Herald. Series: Law 2, Nr. 79 (25.10.2023): 137–48. http://dx.doi.org/10.24144/2307-3322.2023.79.2.21.
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The article examines the German «model» of criminal law protection of circulation of medicines and circulation of medical products. A number of obligations assumed by Ukraine after the conclusion of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, are analyzed. In particular, obligations related to the legal protection of medicines and medical products.
The subject of the authors’ consideration is the European standards of the «model» of criminal law protection of circulation of medicines and circulation of medical products against their counterfeiting (falsification), which Ukraine is obliged to take into account (according to the Medicrime convention).
The criminal legislation of the Federal Republic of Germany is studied, as it provides the most complete protection of the circulation of medicines and the circulation of medical products. The German Medicines Act (1976) and the German Medical Products Act (2002) were developed by the authors.
The German approach in defining the concept of medicinal products in the Law on Circulation of Medicinal Products is presented, which, according to the authors, is important because it «contradicts» the approach laid down in the Medicrime Convention.
The article pays attention to the types of German criminal offenses that encroach on the established order of circulation of medicinal products and the types of criminal offenses that encroach on the established order of circulation of medical products.
The authors find that the main advantages of the German «model» are the detailed inclusion of the provisions of the regulatory legislation, which ensures the circulation of medicinal products and the circulation of medical products, in the content of the structural elements of a specific type of criminal offense: a) in the content of objective and subjective signs of the corresponding composition of the act (on one «level» of the structure of the criminal offense), as well as b) the illegality of these criminal offenses (on another «level» of the structure).
The content of “the circulation of medicines” and “the circulation of medical products”, provided for in the relevant provisions of the German Law on the circulation of medicines and the Law on medical products, is analyzed.
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Trellová, Lívia. „Conceptual and functional diversity of the ombudsman institution in Asia (comparative constitutional law analysis)“. Bratislava Law Review 1, Nr. 2 (31.12.2017): 74–83. http://dx.doi.org/10.46282/blr.2017.1.2.86.
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This paper deals with conceptual and functional diversity of the Ombudsman Institution in Asia from comparative constitutional point of view. The author analyses ombudsman institution in Asia. Characteristics and definiton of Ombudsman made by European legal doctrine and also by the International Bar Association resolution was used as an starting point to set certain criteria upon which Asian ombudsman institutions are subject to comparative anaysis. Final part throws light on the prospects and problems of models, establishment and functioning of ombudsman institutions in Asia.
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Lall, Neha, und Jen Murray. „Panel Presentation on Immigration and Criminal Law. Sponsored by the Association of the Bar of the City of New York.“ CUNY Law Review 4, Nr. 1 (01.10.2001): 9. http://dx.doi.org/10.31641/clr040103.
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Smyrnov, M. „Prosecution for the most serious international crimes committed in Ukraine during the full-scale military invasion of the aggressor country: jurisdictional aspects“. Analytical and Comparative Jurisprudence, Nr. 1 (29.05.2023): 607–12. http://dx.doi.org/10.24144/2788-6018.2023.01.106.
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The conceptual issues, related to the construction of the system of international criminal justice, ratification of the Rome Statute of the International Criminal Court and features of cooperation of Ukraine with the International Criminal Court, are examined in the article.
The main reasons for the delay in Ukraine's ratification of the Rome Statute of the International Criminal Court are analyzed, and attention is drawn to the inconsistent and contradictory position of Ukraine, which does not use the mechanisms of criminal prosecution for the crime of genocide, crimes against humanity, war crimes and the crime of aggression provided for by the Rome Statute of the International Criminal Court. Ukraine has signed the Rome Statute of the International Criminal Court and invites the latter to investigate crimes committed by the aggressor country in Ukraine, but does not fulfill its obligations, does not ratify the Rome Statute of the International Criminal Court and does not recognize its jurisdiction (except for special jurisdiction).
The need to harmonize substantive and procedural law of Ukraine to the provisions of the Rome Statute of the International Criminal Court is emphasized. The prospects, negative and legal consequences of Ukraine's ratification of the Rome Statute of the International Criminal Court in the context of a full-scale military invasion of Ukraine by an aggressor country, as well as European integration processes and the requirements of the Association Agreement between Ukraine and the European Union are studied. The thesis is proved that Ukraine's non-ratification of the Rome Statute of the International Criminal Court may affect the possibility of bringing the aggressor country to justice, despite the fact that Ukraine used a special procedure of recognizing the jurisdiction of the International Criminal Court.
The main aspects of the activity and jurisdiction of the International Criminal Court were considered. Attention is drawn to the fact that Ukraine's relations with the International Criminal Court are based on the principle of complementarity of jurisdictions. The essence, significance and advantages of Ukraine's cooperation with the International Criminal Court, as well as the possibility of bringing the aggressor country to justice for the crime of genocide, crimes against humanity, war crimes and the crime of aggression, have been studied. Based on the results of such a study, it was concluded that the recognition of the jurisdiction of the ICC (not only the special jurisdiction due to Clause 3 of Article 12 of the Rome Statute) for Ukraine is a priority and indispensable component of its European path of development and a real opportunity at the international level to prosecute top officials of the aggressor country for crimes committed in Ukraine.
The ratification of the Rome Statute of the International Criminal Court provides additional opportunities for the national judiciary, will lead to the strengthening of the rule of law and, thanks to access to the International Criminal Court, will allow the aggressor country to be held accountable for crimes committed during a full-scale military invasion of Ukraine.
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Shapovalov, Valentyn. „Interdisciplinary Legal, Forensic and Pharmaceutical, Forensic and Chemical, Forensic and Narcological, Forensic and Toxicological, Criminal and Legal Study of the Illegal Trafficking of Amphetamine“. SSP Modern Law and Practice 3, Nr. 3 (08.08.2023): 1–14. http://dx.doi.org/10.53933/sspmlp.v3i3.108.
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Noted that the illegal circulation of amphetamine in the world is growing. A legal, forensic and pharmaceutical, forensic and chemical, forensic and narcological, forensic and toxicological, forensic and psychiatric, criminal and legal study of the illegal circulation and distribution of amphetamine and its derivatives in an interdisciplinary context was conducted. The classification and legal group of amphetamine has been established. The experience of the international anti-narcotic association on the impact of amphetamine on life, the state of the body, and side effects was studied. Forensic and pharmaceutical analysis of criminal offenses was conducted. The results of a European online survey on the circulation of prohibited psychoactive substances in 21 EU countries, 9 non-EU countries, including Ukraine, were studied. Types of illegal amphetamines were analyzed. Drugs with amphetamine for the pharmacotherapy of narcolepsy were given. Forensic and pharmaceutical practice was summarized. Amendments and additions to Part 3 of Art. 307 of the Criminal Code of Ukraine regarding the strengthening of criminal liability for illegal trafficking of amphetamine were proposed. The peculiarities of the toxicology of amphetamine in the human body were given. The algorithm of pharmacotherapy of amphetamine addiction was summarized.
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van der Linde, Delano Cole. „Does the Aggravated Sentencing Regime under the Prevention of Organised Crime Act 121 of 1998 Violate Freedom of Association? A Constitutional and Comparative Analysis“. Stellenbosch Law Review 2021, Nr. 2 (2021): 288–305. http://dx.doi.org/10.47348/slr/2021/i2a6.
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In terms of section 10(3) of the Prevention of Organised Crime Act 121 of 1998 (“POCA”), a court may impose an aggravated sentence on a criminal offender if the offender was a gang member at the time of the commission of a crime. The court is entitled to apply section 10(3) to the sentencing of any common-law or statutory offence, save for the gang-related offences in Chapter 4 of POCA. As aggravated punishment is attached directly to a person’s status as a gang member, one must question whether such aggravated punishment does not violate the right to freedom of association in section 18 of the Constitution of the Republic of South Africa, 1996. Section 18 is an unqualified right and subject only to the limitations clause under section 36 of the Constitution. The purpose of this contribution is to investigate whether the associational freedom guaranteed by the Constitution may be limited in light of considerations under international law (such as the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and the European Convention on the Protection of Human Rights and Fundamental Freedoms) as well as foreign law (specifically the United States and Germany). The consensus is, broadly speaking, that persons are nondeserving of associational protection where the conduct connected to such an association is criminal in nature. Increased criminal consequences are justifiable where a person’s unlawful conduct is also connected to their status and activity as a member of a criminal organisation. However, increased criminal consequences based merely on a person’s membership of a criminal organisation, as is the case in terms of section 10(3) of POCA, is considered arbitrary and irrational. The conclusion is that section 10(3) of POCA should be amended so that it applies only to crimes that are related to a convicted person’s gang-related activities.
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Kulyk, Tetiana, Serhii Khaliuk, Sokh Kateryna und Albina Tsiatkovska. „Justice as a condition for implementing Ukraine's European integration course“. Cuestiones Políticas 40, Nr. 72 (07.03.2022): 474–97. http://dx.doi.org/10.46398/cuestpol.4072.27.
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Using the dialectical and documentary method, the article analyzes the state of implementation of the strategic priority of reforming Ukraine's judicial system. It demonstrated that, under the current conditions for Ukraine, European integration is a key priority of the state's foreign policy. Issues hindering the successful implementation of Ukraine's strategic course towards European integration were identified, such as: Ukraine requires a comprehensive renewal of three bodies: the bar association, the law enforcement system, and the courts themselves. The conditions for the effective administration of justice have also been determined: updating of the High Council of Justice and the High Qualification Commission with the participation of international experts; creation of a new court to replace the Kiev District Court of Appeal, which will consider key decisions of state bodies; ensure the fair composition of the Constitutional Court; Building public confidence in the judicial and police system. It is concluded that it is important in the process of reform of the Superior Council of Justice to find a compromise between non-interference in the activities of this body, its components, and to guarantee the transparency and effectiveness of its decisions.
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Hagemeyer-Witzleb, Teoman M., und Steffen Hindelang. „Recent Changes in the German Investment Screening Mechanism in Light of the EU Screening Regulation“. Central European Journal of Comparative Law 2, Nr. 2 (20.11.2021): 39–64. http://dx.doi.org/10.47078/2021.2.39-64.
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In 2020 and 2021, the German investment screening laws, namely Außenwirtschaftsgesetz (AWG) and Außenwirtschaftsverordnung (AWV) were again subject to considerable reform induced by new legislation at the European level and a reshaped industry policy agenda at the national level. This article critically reviews the most significant changes brought about by one law (Erstes Gesetz zur Änderung des Außenwirtschaftsgesetzes und anderer Gesetze) and three ordinances (Fünfzehnte, Sechzehnte und Siebzente Verordnung zur Änderung der Außenwirtschaftsverordnung) and provides an overview of the reformed screening procedure. Although claims in this direction have been made, neither the reform nor the underlying Screening Regulation (EU) 2019/452 have altered the objective of review – the protection of public order or security – or bar for governmental intervention – actual and sufficiently serious danger. Both these were not ‘overwritten’ by secondary law and continue to be determined by the pertinent jurisprudence of the Court of Justice of the European Union. Notwithstanding this, the reform has considerably widened the ‘sensitive sectors’ in which pertinent investments must be notified to and cleared by the authorities. ‘Gun jumping’ is prohibited and parties moving forward nonetheless risk criminal prosecution. Reform has also standardised the deadlines for governmental intervention and brought about procedural clarity. What the many and frequent changes reveal on a more fundamental level is a progressing politicisation and securitisation of investment screening law.
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KRAUSE, S. V., V. N. LARIONOV und D. A. MOKHOROV. „On the issue of the status of a representative of a regional bar association in the Criminal Procedure Code of the Russian Federation“. Eurasian Law Journal 10, Nr. 149 (2020): 288–90. http://dx.doi.org/10.46320/2073-4506-2020-10-149-288-290.
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Vasylyk, Iryna. „CONFLICTS IN LEGAL PRACTICE“. Almanac of Ukrainian Studies, Nr. 25 (2019): 29–33. http://dx.doi.org/10.17721/2520-2626/2019.25.5.
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The article deals with the problem of the legislative regulation of advocacy done by the Law of Ukraine on the Bar and practice of law from 2012 and the Rules of the Bars’ ethics confirmed by the electing meeting of the Bars of Ukraine on June, 9th 2017. The structure and competence of the Ukrainian national bodies of the lawyers’ self-governance crated according to the Law from 2012 and after the requirement of the Council of Europe as a precondition of the membership of Ukraine on the European Union are also outlined. The author illustrates the main types of conflicts that a lawyer encounters during his / her professional activity like the conflict situations, conflicts and the tense conflicts and proposes the ways to reconcile them. It is shown, that the most effective ways to reconcile conflicts are compromises and negotiations. Such methods of conflict’s reconciliation often used in the lawyers’ milieu without significant positive results as the blackout of conflicts or attempts to salve them are also mentioned. Special attention is paid to the very important question of entrance of the Ukrainian Bars to the leading European and world lawyers and legal societies which became possible only after the creation of the Ukrainian National Bar Association as the national regulator in the lawyers’ profession. The author has reviewed the requirements of the Ethics Rules of European Union’s countries regarding the resolution of lawyers' conflicts with colleagues and clients, a.o. from foreign countries. The author has also analyzed the Ukrainian Ethics Rules regarding the most common conflicts in the activity of Ukrainian lawyers, in particular regarding conflicts of interest, the combination of legal practice with public, scientific and journalistic activities, as well as lawyers’ activities and communication on the Internet.
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Vuolo, Mike. „The criminal law and public health context of drug policy support among young people in the European Union“. International Journal of Comparative Sociology 54, Nr. 1 (Februar 2013): 3–28. http://dx.doi.org/10.1177/0020715213484482.
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This article addresses whether state-level policy differences in the European Union (EU) are associated with young people’s support for policies toward drug users, namely criminalization of drug use and availability of syringe exchanges. While historical institutionalism provides reason to expect such an association, more proximal individual-level influences, as well as the EU supranational agenda encouraging a unified approach to drug policy, may render the state-level unimportant. Using multilevel modeling of a 2002 Eurobarometer cross-national survey of young people, the results show a close alignment of individual-level support and state-level policies of decriminalization and harm reduction, net of individual characteristics. The findings suggest that any EU-level effort to unify countries’ policies concerning drug users will encounter difficulty because attitudes – even among young people – are aligned with and supportive of existing state policies.
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Dubov, Egor. „A comparative study of countering crimes in the sphere of debt collection in the Russian Federation and Romano-Germanic legal family countries“. Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, Nr. 1 (24.03.2022): 98–105. http://dx.doi.org/10.35750/2071-8284-2022-1-98-105.
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Relevance: In our country, the activity for the return of overdue debts has a faulty reputation and is not sufficiently developed professionally. Violent debt collection crimes are increasingly discussed in the media. Only in 2016, Russia adopted a special law on the regulation of the so-called «collection» organizations. Despite the fact that there have been fewer high-profile crimes in the field of debt collection, these relations need further regulation.
Problem: Due to the fact that the market of «collection» services in our country is quite young, the author sees the need for a comparative study on legislative regulation and combating crime in the area under study using the example of Russia and two leading European countries.
Purpose: The study of methods of counteracting criminal acts in the field of debt recovery, used by representatives of the Romano-Germanic legal family, has not been previously conducted. In this regard, the author aims to analyze the legislation of the leading European countries - Germany and France in the aspect of combating illegal ways of collecting overdue debts.
Methods: comparative legal, analysis, dialectics, analogy.
Conclusions: 1. The author comes to the conclusion that in order to improve the professional activity of debt recovery in the Russian state, it is necessary to pay special attention to better training of personnel. 2. One of the author’s proposals is the idea of securing at the legislative level the obligatory entry of a “collection” organization into the professional community, represented by a special association. 3. A large number of illegal methods used by illegal debt collectors are associated with such a phenomenon as «stalking». In this regard, various approaches to the criminal legal counteraction to stalking in the criminal legislation of the considered countries can be useful in formulating proposals for improving domestic criminal legislation in the direction of stabilizing relations in the field of overdue debt recovery.
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Mauer, M. „Extended View: Racial Disparity and the Criminal Justice System: An Assessment of Causes and Responses Testimony Presented to the American Bar Association Justice Kennedy Commission“. SAGE Race Relations Abstracts 29, Nr. 2 (01.05.2004): 34–56. http://dx.doi.org/10.1177/0307920104046857.
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Vasylkivska, Iryna. „Criminal-legal Aspects of Combating Trafficking in Human Beings in Conditions of Action of Ukraine Association Agreement with the European Union“. Legal Regulation of the Economy, Nr. 16 (28.12.2017): 190–201. http://dx.doi.org/10.33111/lre.2017.16.190.
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Völlm, Birgit A., Martin Clarke, Vicenç Tort Herrando, Allan O. Seppänen, Paweł Gosek, Janusz Heitzman und Erik Bulten. „European Psychiatric Association (EPA) guidance on forensic psychiatry: Evidence based assessment and treatment of mentally disordered offenders“. European Psychiatry 51 (Juni 2018): 58–73. http://dx.doi.org/10.1016/j.eurpsy.2017.12.007.
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AbstractForensic psychiatry in Europe is a specialty primarily concerned with individuals who have either offended or present a risk of doing so, and who also suffer from a psychiatric condition. These mentally disordered offenders (MDOs) are often cared for in secure psychiatric environments or prisons. In this guidance paper we first present an overview of the field of forensic psychiatry from a European perspective. We then present a review of the literature summarising the evidence on the assessment and treatment of MDOs under the following headings: The forensic psychiatrist as expert witness, risk, treatment settings for mentally disordered offenders, and what works for MDOs. We undertook a rapid review of the literature with search terms related to: forensic psychiatry, review articles, randomised controlled trials and best practice. We searched the Medline, Embase, PsycINFO, and Cochrane library databases from 2000 onwards for adult groups only. We scrutinised publications for additional relevant literature, and searched the websites of relevant professional organisations for policies, statements or guidance of interest. We present the findings of the scientific literature as well as recommendations for best practice drawing additionally from the guidance documents identified. We found that the evidence base for forensic-psychiatric practice is weak though there is some evidence to suggest that psychiatric care produces better outcomes than criminal justice detention only. Practitioners need to follow general psychiatric guidance as well as that for offenders, adapted for the complex needs of this patient group, paying particular attention to long-term detention and ethical issues.
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Harkusha, Alina, und Olena Soldatenko. „Free secondary legal aid as a method of implementing of constitutional humans rights within the criminal procedure“. Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, Nr. 2 (03.06.2020): 262–68. http://dx.doi.org/10.31733/2078-3566-2020-2-262-268.
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The article investigates the functionality of the Institute of Secondary Legal Aid in the aspect of exercising a person's constitutional right to defense, comprehensively examines the status of a defender in the process of providing secondary legal aid. In addition, attention was paid to the legal basis and standardization of professional legal assistance. The authors of the article outline the key theoretical and practical problematic aspects of the provision of free secondary legal aid by authorized entities in criminal proceedings in Ukraine. Defender's status in the process of providing secondary secondary legal aid has been established. The article investigates that the bar is the main institution that provides protection, representation of interests of persons entitled to legal aid. In addition, it is considered to be the subject of quality assistance, because it is the lawyers who are directly involved in setting up a free secondary legal aid system. In the course of this study it is found that the term “legal aid” in the context of the Law of Ukraine “On Free Legal Aid” combines the person’s right “to have a defense counsel appointed when the interests of justice (the nature of the case, the consequences for the accused and his ability to defend on their own) require it or when the person does not have sufficient funds to pay for this defender”. The quality of free legal aid depends on many factors. First of all, from how responsibly and me-ticulously the lawyer will perform his work. In particular, the lawyers discussed the thesis of incentives to provide quality assistance, as the large number of cases in the lawyer, hinders concentration, and as a result, reduces the level of positive decisions. In addition, free legal aid does not provide support to citizens in applying to international courts, such as the European Court of Human Rights. Assistance at the international level can be provided by the system of public receptions of the Ukrainian Helsinki Human Rights Union.
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Kavazović, Muamer, Milan Žarković, Marija Lučić-Ćatić und Nebojša Bojanić. „Professional Standards in Questioned Documents Expertises“. Kriminalističke teme 23, Nr. 1-2 (13.12.2023): 111–25. http://dx.doi.org/10.51235/kt.2023.23.1-2.111.
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Criminalistic/forensic expert examination of documents is a segment of criminal technique, i.e. forensic science. In modern countries, these activities are undertaken by highly specialized services that are frequently under the control of various security structures (judiciary, police, immigration services, etc.). In Bosnia and Herzegovina (as well as in the countries of the former Yugoslavia), these jobs have traditionally been associated with police agencies whose actions fall into the sphere of criminal techniques (more recently, forensics). Certain methods of behaving, ways of functioning, as well as processes linked to staff training and ways of acting within individual activities of this sort of expertise, have been formed via the accomplishment of the aforementioned duties. The purpose of this article is to introduce the field of criminal expert examination of questioned documents, namely the knowledge and conditions that a welltrained expert in this field should have. Furthermore, the work demonstrates in greater detail how the necessary insights and knowledge should be gathered. The fundamental reason for this work´s theme is the goal to describe this field from the standpoint of modern science, profession, and established standards that are used around the world. Another motive is the goal to explain the settings of this sector in a scientific and practical manner from the standpoint of international experience. Specifically, the article will examine some of the international standards and procedures for this field of expertise. The preceding study will be based on a survey of comparative literature as well as an examination of the standards and practices of organizations such as: The Scientific Working Group for Forensic Document Examination (SWGDOC), American Board of Forensic Document Examiners (ABFDE), American Academy of Forensic Sciences (AAFS), American National Standards Institute (ANSI), The American Society of Questioned Document Examiners (ASQDE), Southwestern Association of Forensic Document Examiners (SWAFDE), Southeastern Association of Forensic Document Examiners (SAFDE) and The European Network of Forensic Science Institutes (ENFSI).
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Zadorozhna, S. „Legal regulation of enforcement cooperation within the EU“. Uzhhorod National University Herald. Series: Law 2, Nr. 74 (10.02.2023): 155–60. http://dx.doi.org/10.24144/2307-3322.2022.74.59.
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This article is devoted to the analysis of the legal regulation of law enforcement cooperation within the EU, where there is an integral system of organizational, legal, technical and informational mechanisms that allow the member states and the European Union in general to achieve effective results in the protection of security on the territories of the EU as a whole and state- members in particular. Three main areas, namely the European Multidisciplinary Platform Against Criminal Threats (EMPACT), the problem of unification and harmonization of legal regulation of cross-border cooperation, for example within the framework of joint investigative operations, the activities of special supranational institutions in this field in the article is being investigated. In particular, the content of the fundamental regulatory act in this area was analyzed - the Code of Police Cooperation, which establishes the legal regulation of cross-border harassment and surveillance, the procedure for conducting joint investigative operations and establishing joint training and professional development. Considerable attention is dedicated to the problem of the common information space of law enforcement cooperation, within which the SIS information system was created, the SIRENE bureau operates, and a number of other supranational tools. The European practice of combating modern challenges of criminal and legal threats is studied in the article as an example of high standards of law enforcement cooperation in the fight against cross-border crime and guaranteeing the safety of human life for Ukraine. In order to introduce such standards, a holistic study of the entire legal array regulating the cooperation of law enforcement agencies within the EU is necessary, with the aim of harmonizing the law of Ukraine in accordance with the Association Agreement, in particular, Chapter III "Justice, Freedom and Security". On the other hand, Ukraine should become a pillar of European security, given the incredible threat to Europe from the aggressor country Russia. Europe seriously thought about its security and the formation of a joint army and rapid response forces. That is why the security of Europe today depends on the joint close cooperation of the EU and Ukraine.
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Fellmeth, Robert C., Bridget Fogarty Gramme und C. Christopher Hayes. „Cartel Control of Attorney Licensure and the Public Interest*“. British Journal of American Legal Studies 8, Nr. 2 (01.12.2019): 193–233. http://dx.doi.org/10.2478/bjals-2019-0006.
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Abstract The purpose of regulating any profession is to assure competent practitioners, particularly where its absence can cause irreparable harm. Regulatory “licensing” ideally achieves such assurance, while at the same time avoiding unnecessary supply constriction. The latter can mean much higher prices and an inadequate number of practitioners. Regrettably, the universal delegation to attorneys of the power to regulate themselves has led to a lose/lose system lacking protection from incompetent practice while also diminishing needed supply. The problem is manifest in four regulatory flaws: First, state bars—in combination with the American Bar Association—require four years of largely irrelevant higher education for law school entry. Most of this coursework commonly has nothing to do with law. Second, and related, these seven-years of mandatory higher education (that only the United States requires for attorney licensure) impose extraordinary costs. Those costs now reach from $190,000 to $380,000 in tuition and room and board per student—driven by shocking tuition levels lacking competitive check. Third, attorney training focuses almost entirely on a few traditional subjects, with little attention paid to the development of useful skills in most of the 24 disparate areas of actual practice (e.g., administrative, bankruptcy, corporate, criminal, family, taxation, et al.). And schools often pay scant attention to legislation, administrative proceedings, or the distinct areas of law that will be relevant to a student’s future practice. Fourth, state bars rely on supply-constricting bar examinations of questionable connection to competence assurance. In the largest state of California, the bar examination fails about 2/3 of its examinees. This system has fostered an opportunistic cottage industry of increasingly expensive preparatory courses that further raise the cost of becoming an attorney—even after 7 years of higher education. Meanwhile, the bars regulating attorneys in the respective states: a) Do not treat negligent acts as a normal basis for discipline (outside of extreme incapacity); b) Do not require malpractice insurance—effectively denying consumer remedies for negligence; c) Do not allow clients injured by malpractice to recover from “client security funds”; d) Do not require post-licensure “legal education” in the area of an attorney’s practice; e) Do not test attorneys in the area of practice relied upon by consumers—ever; and f) Respond to cost-effective, technology-centric solutions to legal problems not by regulation to assure consumer benefit, but by attempts to categorically foreclose them in favor of total reliance on often unavailable/expensive counsel. No area of state regulation has more openly violated federal antitrust law than has the legal profession. The United States Supreme Court held in 2015 that any state body controlled by “active market participants” in a profession regulated is not a sovereign entity for antitrust purposes without “active state supervision.” Yet four years later, attorneys continue to regulate themselves without such supervision, overlooking the threat of criminal felony and civil treble damage liability.
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Perrou, K. „Case Law Note: The Application Of The Eu Charter Of Fundamental Rights To Tax Procedures: Trends In The Case Law Of The Court Of Justice“. Intertax 49, Issue 10 (01.10.2021): 853–61. http://dx.doi.org/10.54648/taxi2021083.
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An increasing number of taxpayers rely on the EU Charter of Fundamental rights to challenge various aspects of tax procedures. However, not all cases are included in the scope of application of the Charter; an association with Union law is required. For VAT cases or for complaints relating to the direct application of provisions of EU directives, it is relatively easy to identify such association. This is not always as easy with cases involving direct taxation or those related to the application of purely national legislation that may, however, be a corollary to Union law provisions. For cases that do not have a connecting element with Union law, protection may be granted under the European Convention on Human Rights (ECHR). Tax procedures, however, are only covered by the ECHR if they relate to a criminal charge, leaving a significant number of normal tax proceedings beyond the scope of fair trial guarantees. The different scope of application and ambit of protection granted by the two instruments might lead to disparities in taxpayer protection. The entry into force of an advisory opinion mechanism before the European Court of Human Rights, similar to the preliminary reference procedure before the Court of Justice, may enhance taxpayer protection in the EU. The latter option, however, is to be used with caution: although referring a case that involves Union law to the ECHR is not expressly prohibited, it could arguably amount to a violation of Union law. Tax treaty, nonresident alien, federal tax exemption benefit, case law precedents.