Relevant bibliographies by topics / Judicial and legal reform

Academic literature on the topic 'Judicial and legal reform'

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Published: 30 May 2022
Last updated: 31 May 2022

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Journal articles on the topic "Judicial and legal reform"

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Murodovich, Saydakhmedov Umid. "Judicial And Legal Reforms At A New Stage." American Journal of Political Science Law and Criminology 03, no. 07 (July 14, 2021): 35–45. http://dx.doi.org/10.37547/tajpslc/volume03issue07-06.

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This article highlights the reforms carried out in the field of judiciary in Uzbekistan today, its essence, the issues of ensuring reliable protection of the rights and interests of citizens and business entities protected by law through the court are covered. Also, the article analyzes the radical reform of the judicial system in the last 4 years, the establishment of a new judicial system in the country as a result of reforms, in particular, the implementation of major reforms in the system of selection and appointment of judges, openness to the judicial system and the introduction of information and communication systems in this area.
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L., Makarenko. "The role of legal ideology and legal doctrine in shaping national legal culture." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 57–63. http://dx.doi.org/10.33663/2524-017x-2020-11-10.

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The article reveals the role of legal ideology and legal doctrine in shaping national legal culture. Stated about the absence in our society of well-established legal ideology and the necessity of its formation and implementation. Especially important is the latter, given the practice of continuous implementation in Ukraine of the constitutional and other «reforms» that only aggravate the situation of legal culture. It is noted that for the formation of legal culture in Ukraine, it is necessary to develop scientifically sound legal doctrine, which should be carried out appropriate legal policy of the state. However in Ukraine, the state and legal reform are implemented without a clear doctrinal approach, as indicated by a critical assessment of the judicial reform. On this basis we believe that the key to the domestic legal doctrine should be the issues of judicial reform and the development of legal science and education. Quality legal education is impossible without the legal science, which needs to develop scientifically sound theory of legal culture. Keywords: legal culture and national legal culture, legal doctrine, legal ideology, corruption.
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Gomes, Teresa Maria Resende Cierco. "Promoting the rule of law in Serbia. What is hindering the reforms in the justice sector?" Communist and Post-Communist Studies 50, no. 4 (October 28, 2017): 331–37. http://dx.doi.org/10.1016/j.postcomstud.2017.10.004.

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EU rule of law assistance relies on supplying institutional ties as well as economic and technical support to candidate states, complemented by a demand to comply with certain political conditions. But, the establishment of the rule of law is a complex and often long-term process that includes both different facilitating and inhibiting conditions. Since 2006 Serbian government has adopted the National Judicial Reform Strategy aiming to establish a legal system based on legal security and respect for the rule of law. Nevertheless, its judiciary sector still reveals serious difficulties, especially in what concerns the independence and efficiency of judiciary. Looking at Serbian efforts to reform the rule of law and promote an independent judiciary, we analyse how the EU has been influencing these reforms and try to identify the weaknesses and strengths of EU rule of law assistance. Finally, we aim to contribute to know why judicial reforms, introduced by legislation, are not resulting in a truly judicial independence in Serbia, and what are the main obstacles to its effective implementation.
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Demichev, Aleksey A., Valentina M. Bolshakova, and Vera A. Ilyukhina. "Periodization of History of Judicial Transformations in Russia in the Second Half of the XIX to the XXI Century." History of state and law 5 (May 20, 2021): 34–45. http://dx.doi.org/10.18572/1812-3805-2021-5-34-45.

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The article proposes a periodization of judicial reforms in the Russian Empire, the RSFSR and the Russian Federation. The article proposes a distinction between the concepts of «judicial reform» and «judicial reform». There are distinguished and characterized six periods of judicial reforms in relation to the dynamics of the judicial system and legal proceedings in Russia in the second half of the XIX — XXI centuries: the first period (November 20, 1864 — July 1, 1899) — the judicial reform of 1864; the second period (July 1, 1899 — November 22 (December 5), 1917)) — the transformation of the judicial system and judicial proceedings created by the Judicial Statutes of 1864; the third period (November 22 (December 5), 1917 — May 25, 1922) — the judicial transformations of the first years of Soviet power; the fourth period (May 25, 1922 — July 10, 1923) — the judicial reform of 1922; the fifth period (July 10, 1923 — October 24, 1991) — transformation of the judicial system and judicial proceedings in the RSFSR, created during the judicial reform of 1922; the sixth period (October 24, 1991 — July 29, 2018) — judicial reform in the Russian Federation.
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Yamanome, Akio. "Japanese Judicial Reform and Legal Education." TRENDS IN THE SCIENCES 10, no. 3 (2005): 63–65. http://dx.doi.org/10.5363/tits.10.3_63.

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장용근. "Legal judicial Education system reform Review." Journal of hongik law review 15, no. 4 (December 2014): 215–46. http://dx.doi.org/10.16960/jhlr.15.4.201412.215.

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Bolshakova, V. M. "Methodology of Chrono-Discrete Mono-Geography Comparative Law in the Study of Judicial Reforms in the Russian Empire and the Russian Federation." Russian Journal of Legal Studies 5, no. 4 (December 15, 2018): 45–50. http://dx.doi.org/10.17816/rjls18443.

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The article proves the expediency of applying the methodology of chrono-discrete mono-geography comparative jurisprudence when studying judicial transformations in the Russian Empire and the Russian Federation. The author proves that the judicial reforms of Emperor Alexander II and the judicial transformations late XX - early XXI century in their totality represent a chrono-discrete phenomenon. Examines the basic principles of the scientific school of chrono-discrete mono-geography comparative jurisprudence as applied to the study of Russian judicial reforms in the Russian Empire and the Russian Federation. In the paper it notes that the judicial transformation as a phenomenon include items such as 1) conceptual framework, ideas of reform; 2) judicial institutions; 3) theoretical and practical problems of implementation; 4) results; compliance, what happened, what was intended by the reformers; 5) attitude of the legal community and the public to reform on the whole and its separate institutions. The essential core of any judicial reform are newly constructed or transformed its institutions. Speaking of chrono-discrete judicial institutions, the author proposes to divide them into classical and non-classical. The first is the Institute of magistrate’s court, the juries and the Institute of bailiffs and institute of appeal. To non-classical chrono-discrete institutions include prosecutors and the legal profession. As the main comparable problems, characteristic for the studied periods, the author sees 1) the reforms “from above”; 2) the issue of financial support for reforms; 3) personnel problems; 4) problem of implementation of judicial reforms in space and time; 5) constant and numerous adjustment of normative legal acts, regulating the structure and activity of the relevant judicial institutions.
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Otcheskaya, T. I., and N. V. Mishakova. "The Role of the Russian Judicial Reform in Improving Judicial and Pre-Trial Proceedings in the Criminal Procedure in Modern Times." Actual Problems of Russian Law 15, no. 7 (August 7, 2020): 121–28. http://dx.doi.org/10.17803/1994-1471.2020.116.7.121-128.

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The judicial reform implemented in the Russian Federation and the ongoing judicial construction remain the most important directions of state policy. The paper contains a comprehensive analysis of the organizational foundations of the judiciary, an understanding of the constitutional principles of the judicial system and its features, and includes a study of criminal procedure legislation at various stages of the formation of the Russian state. The methodological basis of the study is a combination of theoretical and empirical research methods. The combination of the analytical and comparative legal method made it possible to form an idea of the evolution of the judicial system and criminal procedure legislation, to compare the legal acts regulating the judicial system and legal proceedings, which made it possible to draw conclusions about the achievements and shortcomings of legal regulation of the area in question. In general, the authors conclude that the reform of the judiciary is positive, since it will increase the accessibility, effectiveness and transparency of justice — the triumph of justice based on the rule of law.
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Bobek, Michal, and David Kosař. "Global Solutions, Local Damages: A Critical Study in Judicial Councils in Central and Eastern Europe." German Law Journal 15, no. 7 (December 1, 2014): 1257–92. http://dx.doi.org/10.1017/s2071832200019362.

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Judicial independence appears on most laundry lists of all bodies or institutions engaged with the rule of law. It is considered an unqualified public good. As a result, all major players engaged in legal reform and building a rule of law have diverted significant resources to this issue. For instance, the United Nations created the office of Special Rapporteur on the Independence of Judges and Lawyers in 1994. The World Bank has been investing heavily in judicial reforms in Latin America and Asia. In Europe, the Council of Europe has been pushing for judicial independence and judicial reform throughout the continent. Additionally, the European Union included judicial independence among its core requirements for the accession countries. Both organizations, the European Union and the Council of Europe, then jointly encouraged legal and judicial reforms in Central and Eastern Europe (CEE). A number of non-governmental organizations have likewise paid considerable attention to this issue.
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SANTISO, CARLOS. "The elusive quest for the rule of law: promoting judicial reform in Latin America." Brazilian Journal of Political Economy 23, no. 3 (September 2003): 456–80. http://dx.doi.org/10.1590/0101-31572003-0672.

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ABSTRACT While there exists a consensus on the centrality of the rule of law both for economic development and democratic consolidation, the political economy of legal and judicial reform remains largely under-theorized. The review essay underscores the tensions and trade-offs between the different strategies and objectives of judicial reform in Latin America. Contrasting the experiences of Argentina and Brazil, it high- lights the delicate balance between independence and accountability. It also assesses the role of donor institutions, and in particular the multilateral development banks, in promoting judicial reform. It argues for a more realistic approach to judicial governance, focusing on feasible reforms.
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Dissertations / Theses on the topic "Judicial and legal reform"

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Trenkov-Wermuth, Calin. "Legal and judicial reform in United Nations governance operations." Thesis, University of Cambridge, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612127.

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Vicente, António Luís. "Lawyers, judges, and judicial reform: a conceptual framework and a quantitative exploration." Master's thesis, NSBE - UNL, 2010. http://hdl.handle.net/10362/10308.

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A Work Project, presented as part of the requirements for the Award of a Masters Degree in Economics from the NOVA – School of Business and Economics
There is growing evidence on the importance of institutions for growth but limited understanding of the mechanisms of institutional divergence, persistence and change. Focusing on the judicial, starting from formalism indicators developed under the legal origin theory, but following different explanatory paths, we propose a thought experiment assessing reasonable preferences of judges and lawyers regarding formalism. We find a striking divergence, with lawyers showing preferences for high, and judges for low, formalism. This may generate institutional conflict, resistance to reforms and a dynamic equilibrium at an inefficient level. The analysis offers paths for reform, potentially addressing limitations of institutional approaches.
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Zajac, Sannerholm Richard. "Rule of Law After War : Ideologies, Norms and Methods for Legal and Judicial Reform /." Örebro : Örebro University, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-8513.

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Bergling, Per. "Legal reform and private enterprise : the Vietnamese experience." Doctoral thesis, Umeå : Univ., Dep. of Law, 1999. http://www.gbv.de/dms/spk/sbb/recht/toc/321764609.pdf.

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Oguchi, Hikaru. "The bureaucratic sectionalism of Japan's technical cooperation in the legal and judicial field : the case of legal assistance in Laos /." Thesis, May be available electronically:, 2004. http://proquest.umi.com/login?COPT=REJTPTU1MTUmSU5UPTAmVkVSPTI=&clientId=12498.

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Thesis (J.S.M.)--Stanford University, 2004.
Submitted to the Stanford Program in International Legal Studies at the Stanford Law School, Stanford University. "May 2004." Includes bibliographical references. Also available online.
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Lagunenko, Alexander. "Courts and judicial independence, legal reforms in post-communist Ukraine." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0029/MQ27362.pdf.

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Osipova, O. "The legal status of assistants to the judges in Ukraine and in Poland (comparative analysis)." Thesis, Sumy State University, 2019. https://essuir.sumdu.edu.ua/handle/123456789/77013.

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In the light of the ongoing judicial reform aimed at bringing Ukraine's legal proceedings in line with European standards, the issue of organizational support for the activities of courts as one of the guarantees of the independence of judges becomes of paramount importance. Recommendations for the effective implementation of the Basic Principles of Independence of the Judiciary adopted by the resolution of the Economic and Social Council of 1989/60 and approved by UN General Assembly resolution 44/162 on 15 December 1989, namely Recommendation 5, stipulate that the State should pay special attention to the need provision of certain resources necessary for the functioning of the judicial system, taking into account the appointment of a sufficient number of judges for the level of detention, providing the courts with the necessary personnel and equipment, and providing judges with a decent level of personal security, retirement and wages [1].
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Almeida, Frederico Normanha Ribeiro de. "A nobreza togada: as elites jurídicas e a política da Justiça no Brasil." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/8/8131/tde-08102010-143600/.

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O objetivo deste trabalho é a compreensão das relações entre direito e política, a partir do estudo da posição dos juristas no Estado e de suas lutas concretas pelo controle da administração do sistema de justiça. A principal hipótese que orientou a pesquisa foi a de que há um campo político da justiça, representado pelo espaço social de posições, capitais e relações delimitado pela ação de grupos e instituições em disputa pelo controle do direito processual e da burocracia judiciária. No interior desse campo político da justiça, a pesquisa buscou identificar, ainda, as posições dominantes das elites jurídicas lideranças institucionais e associativas, e intelectuais especializados em determinadas áreas de conhecimento cuja influência sobre a administração da justiça estatal e as estruturas de seus capitais sociais, políticos e profissionais os diferenciam dos demais agentes do campo jurídico.
This dissertation examines the relationship between Law and Politics by studying the position of lawyers within the State and their struggle for the control of the administration of the judicial system. The main hypothesis is that there is a political field of Justice, represented by a social space of positions, capitals and relationships, and defined by the actions by groups and institutions vying for the control both of procedural law and of the judicial bureaucracy. Additionally, this dissertation aims also, within this political field of Justice, at identifying the dominant position of legal elites institutional and union leaders and scholars from different fields who are distinguished from other agents in juridical field by their influence on the administration of the judicial system and by the structure of its social, political and professional capitals.
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Sannerholm, [Zajac-Sannerholm] Richard. "Legal, Judicial and Administrative Reforms in Post-Conflict Societies: Beyond the Rule of Law Template." Örebro universitet, Akademin för juridik, psykologi och socialt arbete, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-5910.

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A common position adopted by the international community is that establishing the rule of law after violent internal conflict is an essential prerequisite in the transition from war to peace. In practical terms, this often translates into projects and programmes directed at the criminal justice sector. Rarely is rule of law acknowledged in relation to administrative law, public governance and economic management. This has several negative effects, particularly in societies where public mismanagement, bad economic governance and corruption run high, and especially if one considers these issues as constituting a large part of the reason for state ‘failure’. But, a new trend is now vaguely discernible in the practice of the international actors involved in rebuilding war-shattered societies that gives priority to the rule of law in relation to public sector reform. Liberia provides, in this regard, an illustrative example through the agreement between the Transitional National Government of Liberia and donor agencies, where international experts will have co-signing authority over a number of budgetary issues, and where national judicial institutions will be strengthened in order to combat arbitrary governance and corruption.
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Peña, Jumpa Antonio. "La educación legal, la informalidad y la reforma del poder judicial desde la perspectiva de las comunidades andinas." THĒMIS-Revista de Derecho, 2009. http://repositorio.pucp.edu.pe/index/handle/123456789/107840.

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En el presente artículo, el autor nos demuestra lo contrario, tratando tres grandes problemas del Estado Peruano: la educación legal, la informalidad y la reforma del poder desde la perspectiva conjunta de algunas comunidades andinas de Puno.
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Books on the topic "Judicial and legal reform"

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World Bank. Legal and Judicial Reform Unit. Initiatives in legal and judicial reform / Legal and Judicial Reform Unit, Legal Department. Washington, D.C: World Bank, 2000.

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Malawi Legal and Judicial Reform Task Force. Malawi Legal and Judicial Reform Project. [Lilongwe?]: The Task Force, 1996.

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Dakolias, Maria. Argentina: Legal and judicial sector assessment. Washington, DC: World Bank, 2001.

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Siphana, Sok. Formulation of a "legal and judicial reform strategy for Cambodia". Phnom Penh, Cambodia: Cambodian Legal Resources Development Center, 2002.

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United Nations justice: Legal and judicial reform in governance operations. Shibuya-ku, Tokyo: United Nations University Press, 2010.

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Rodríguez, Marcela V. Empowering women: An assessment of legal aid under Ecuador's Judicial Reform Project. Washington, D.C: World Bank, 2000.

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Complementary reform: Essays on legal, judicial, and other institutional reforms supported by the World Bank. The Hague: Kluwer Law International, 1997.

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International, Conference on "Cambodian Legal and Judicial Reform in the Context of Sustainable Development" (1998 Phnom Penh Cambodia). International Conference on "Cambodian Legal and Judicial Reform in the Context of Sustainable Development". Phnom Penh: Cambodian Legal Resources Development Centre, 1998.

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Judicial implementation of permanency planning reform: One court that works. Washington, D.C: ABA Center on Children and the Law, 1992.

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Munyantwali, Swithin J. The role of legal and judicial reform in promoting the rule of law and good governance in Africa. Lagos, Nigeria: Nigerian Institute of Advanced Legal Studies, 2003.

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Book chapters on the topic "Judicial and legal reform"

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Zhang, Jinfan. "The Reform Leading to Judicial Civilization." In The History of Chinese Legal Civilization, 475–518. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-10-1032-3_11.

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Hammergren, Linn. "Legal Reform: Some Emerging Paradoxes of Latin America’s Legal and Judicial Reform Movement." In Can Latin America Compete?, 175–96. New York: Palgrave Macmillan US, 2008. http://dx.doi.org/10.1057/9780230610477_10.

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Lixin, Guo. "Trend of Evolution of Chinese Mainland Prosecutorial System in the Context of Judicial Reform." In One Country, Two Systems, Three Legal Orders - Perspectives of Evolution, 319–28. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-540-68572-2_18.

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Krieger, Heike. "Sentenza 238/2014: A Good Case for Law-Reform?" In Remedies against Immunity?, 71–89. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_4.

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AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.
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Masheva, Ivelina. "Legal and Judicial Reforms in an Imperial and Post-Imperial Setting: Commercial Law in (Ottoman) Bulgaria 1840s–1890s." In Commercial Law in Southeastern Europe, 53–94. Wien: Böhlau Verlag, 2022. http://dx.doi.org/10.7767/9783205212935.53.

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Berger, Linda L., and Kathryn M. Stanchi. "The Judicial Audience." In Legal Persuasion, 23–30. Abingdon, Oxon [UK] ; New York : Routledge, 2017. | Series: Law, language and communication: Routledge, 2017. http://dx.doi.org/10.4324/9781315112992-4.

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Chan, Wendy. "Legal Reform." In Women, Murder and Justice, 150–80. London: Palgrave Macmillan UK, 2001. http://dx.doi.org/10.1057/9780230596665_7.

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Siddiqi, Faisal. "Paradoxes of Strategic Labour Rights Litigation: Insights from the Baldia Factory Fire Litigation." In Interdisciplinary Studies in Human Rights, 59–96. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_4.

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AbstractThis chapter focuses on the legal activism that followed the Ali Enterprises factory fire and its aftermath in Pakistan. This chapter has two purposes: firstly, it documents the legal proceedings that were initiated and pursued in the courts of Pakistan as well as its interconnected developments. Secondly, I aim to use this engagement with the legal proceedings of the Baldia factory fire aftermath as an opportunity for an in-depth reflection on the capacity and, finally, suitability of the judicial process to bring about justice in struggles over human and labour rights. Providing a rare and insider account of the legal proceedings in the Pakistani courts and its interconnected developments, I hope to lay the empirical foundation for the theoretical and strategic claims of this study. It is against the background and based on the experience with the litigation and legal advocacy following the Baldia fire that I examine the two what I perceive as “paradoxes” at the heart of the litigation. The first is the inseparability of the “limited justice” that may result from such litigation on one hand, and the “structural injustice” that informs and determines the conditions the litigation seeks to address—and transform—on the other hand. The second paradox concerns the inseparability of both law and lawlessness as regards the legal context of the litigation, advocacy and policy proposal elements that are here in play.My argument is that these apparently contradictory phenomena not only coexist alongside one another but that they guarantee each other’s existence. This analysis leads me to the conclusion that in order to understand and improve such forms of strategic litigation, it is necessary to measure its success and failure in terms of three distinct but interconnected criteria. These are the tactical, strategic and structural impacts of the litigation. Ultimately, I will argue for rejecting what is often perceived by involved stakeholders to be an unavoidable choice between nihilism, euphoria or incremental reform in this context. But, to the contrary, I will argue for a conception of legal struggles as a means of building sustainable and fruitful forms of resistance and of change based on the recognition and exploitation of these irreconcilable paradoxes rather than fruitless attempts to ignore or transcend these irreconcilable contradictions.
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"7 Judicial Reform." In China's Legal Reform, 143–72. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9789004152328.i-266.47.

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"Judicial Reform." In Privatisation and the Creation of a Market-Based Legal System, 219–55. BRILL, 2002. http://dx.doi.org/10.1163/9789047401513_010.

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Conference papers on the topic "Judicial and legal reform"

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Mikhaelis, Dmitrii. "Qualification Requirements for Judges During the Implementation of the Judicial Reform of 1864 on the Example of the Irkutsk Province." In Irkutsk Historical and Economic Yearbook 2021. Baikal State University, 2021. http://dx.doi.org/10.17150/978-5-7253-3040-3.16.

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The article discusses and analyzes the changes introduced after the judicial reform of 1864 in terms of requirements for candidates for the position of judges. It is noted that the introduction of certain qualifications (for example, educational) It contributed to the improvement of the judicial system of the Russian Empire, whose task was to control the implementation of other changes from among the “Great Reforms” of Alexander II. A special place is occupied by the requirement to have experience in the legal field. As examples, specific judges of the Irkutsk province who served after the judicial reform are given.
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MALISHEV, D. V. "TO THE QUESTION ON THE MILITARY JUDICIAL REFORM OF THE SECOND HALF OF XIX CENTURY." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2021. http://dx.doi.org/10.22250/lsr.2021.13.

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Barlian, Aristo, and Bagas Heradhyaksa. "Judicial Pardon as a Reform of Indonesian Justice System (Comparison of Judicial Pardon System Through Various Legal Instruments)." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289446.

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Lukicheva, E. A., and T. A. Zaytseva. "JUDICIAL SYSTEM IN THE ERA OF REFORMS OF PETER I." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.10.

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Rakočević, Milka, and Ilija Rumenov. "SPECIALIZATION OF JURISDICTION BACK FROM OBLIVION – A NEW ATTENTIVE AND ASSIDOUS APPROACH TO COMPLEX CROSS BORDER FAMILY LAW CASES OR POSSIBLE REVITALIZATION OF ‘MUTUAL TRUST’." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18319.

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New trend emerges in the quest for establishing real actual trust between the main stakeholders in the complex cross border family law cases, which is providing for concentration of jurisdiction. The Hague Conference of Private International Law (HCCH) and the European Union (EU) are in forefront of establishing concentrating jurisdiction for those proceedings based on limitation of the number of courts in order to solve two problems: to enhance the predictability and the uniformity of the outcomes in these cases and to re-establish the mutual trust on realistic grounds instead of its current notion as a political decision. Such strategy is welcomed since it starts from the bottom and it tends to elevate the trust between the persons concerned in these proceedings and with that it stretches its prerogatives to the top, which is to enhance the trust between the legal systems. Whether it will succeed it depends again on the modalities of its establishment in the national legal systems. Generally, specialization of jurisdiction is frequently considered to be an important reform initiative in improving the development of a successful judicial system which is why it is recognized as a rapidly growing trend regarding the organization of the judiciary systems worldwide. The article will discuss the concepts of specialization of jurisdiction and its possible implementation in the national legal system of Republic of North Macedonia (N. Macedonia) regarding the complex cross border family law cases.
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Габазов, Тимур Султанович, and Аюб Бисланович Сулейманов. "THE HISTORY OF THE DEVELOPMENT OF CIVIL JUSTICE IN RUSSIA BEFORE THE ERA OF THE GREAT REFORMS." In Социально-экономические и гуманитарные науки: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Апрель 2021). Crossref, 2021. http://dx.doi.org/10.37539/seh296.2021.55.91.009.

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В настоящей статье рассматривается историко-правовое зарождение гражданского судопроизводства в России. Затрагивается важнейшая сфера научного исследования процессов формирования судебных органов и судейского сообщества в России в целом. Предельно точно указаны временные отрезки наиболее значимых и ключевых изменений происходивших в судопроизводстве в тот или иной исторический период Российского государства. А также акцентируется внимание на необходимости изучения данных явлений, так как они могут стать важной основной для дальнейшего развития гражданского судопроизводства в России. This article examines the historical and legal origin of civil proceedings in Russia. The most important area of scientific research of the processes of formation of judicial bodies and the judicial community in Russia as a whole is touched upon. The time periods of the most significant and key changes that took place in legal proceedings in a particular historical period of the Russian state are indicated with extreme precision. It also focuses on the need to study these phenomena, since they can become an important basis for the further development of civil proceedings in Russia.
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Özkan, Gürsel. "The Settlement of Compansation Disputes through Peace before Administrative Judiciary." In International Conference on Eurasian Economies. Eurasian Economists Association, 2016. http://dx.doi.org/10.36880/c07.01544.

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According to the Article 13 of the Law No. 2577, even though one must apply to the authorities as a preliminary condition of court case before filing a fully judicial lawsuit in terms of the administrative action, Article 13 of Law No. 2577 with its current form does not provide a contribution to the provision of the pre-trial dispute resolution. The Decree Law No. 659 set up the way for application which would also include the compensation claims arising from administrative actions that were designed according to The Article 13 of Law No. 2577. In this arrangement , the preference is left to the person concerned to make a choice either to refer to peace or not to against losses arising from administrative processes; one is not given the chance to eliminate the loses by means of peace during the process of law after administrative process is cancelled by law; this also prevents us to come to the desired objective because it doesn’t provide adequate legal assurance to the top executives and members of the legal disputes commission for their business and operations.
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MORAIS, KAMILLA VIEIRA. "EMANCIPAÇÃO DOS FILHOS MENORES: responsabilidade do menor emancipado e hipóteses de extensão aos seus genitores." In II Brazilian Congress of Development. DEV2021, 2021. http://dx.doi.org/10.51162/brc.dev2021-0053.

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O presente artigo tem por objetivo expor o conceito da capacidade plena da pessoa em reger sua vida, seus pertences e sua competência para as condutas da vida civil. Quando a legislação se refere à capacidade, automaticamente inclui o estudo sobre personalidade, capacidade de direito e de fato. Os absolutamente incapazes são os que a legislação declara inteiramente inábeis exercícios da vida civil. Os parcialmente incapazes são as pessoas que podem realizar seus atos na vida civil apenas se forem assistidas. Para que ocorra a emancipação, os menores devem ter 16 anos completos, se estiverem na responsabilidade do poder familiar, o pai ou a mãe pode outorgar a emancipação por escritura pública, já se o menor se encontrar sob tutela, deve-se deferir a emancipação por ação judicial. O presente artigo citará e explicará detalhadamente todos os tipos de emancipação de menores e os seus requisitos que são necessários para que o ato emancipatório seja válido, os quais estão elencados no atual Código Civil Brasileiro, são eles: a emancipação voluntária, emancipação judicial e emancipação legal. Abordará sobre o posicionamento jurisprudencial e doutrinário a respeito da responsabilidade dos pais pelos atos dos filhos menores, e as controvérsias do referido assunto, utilizando os impactos que a emancipação causa no ordenamento jurídico brasileiro. Por fim, o ato de emancipar, não é uma obrigação dos pais ou do juiz. ,
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Marinov, Marin. "MEDIATION AS PART OF JUDICIAL REFORM." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/mdps2021.55.

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The report examines mediation as part of the judicial reform in Bulgaria. The focus of the material is on the established judicial centers and the need to create similar ones in all other regional centers or district courts.
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Marinov, Marin. "MEDIATION AS PART OF JUDICIAL REFORM." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/mdps2021.4.

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The report examines mediation as part of the judicial reform in Bulgaria. The focus of the material is on the established judicial centers and the need to create similar ones in all other regional centers or district courts.
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Reports on the topic "Judicial and legal reform"

1

Bertlin, Julian. Climate & environment assessment: Business case: UK legal and judicial expertise programme. Evidence on Demand, September 2016. http://dx.doi.org/10.12774/eod_hd.sept2013.bertlin.

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Orbeta Jr, Aniceto C., Vicente B. Paqueo, and Bilal Siddiqi. Impacts of judicial reform in small claims procedures on court congestion in the Philippines. International Initiative for Impact Evaluation (3ie), February 2021. http://dx.doi.org/10.23846/pwpie132.

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Orbeta Jr, Aniceto C., Vicente B. Paqueo, and Bilal Siddiqi. Impacts of judicial reform in criminal case procedures on court congestion in the Philippines. International Initiative for Impact Evaluation (3ie), February 2021. http://dx.doi.org/10.23846/pwpie131.

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Broll, Paola, and Cecilia Garcés. Forced child unions: From legal reform to social disruption—Formative research in five communities in Chisec, Alta Verapaz. Population Council, 2018. http://dx.doi.org/10.31899/pgy7.1016.

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Bevacqua, Ron, Duong (Sophie) Nguyen, and Don Lambert. Reimagining Viet Nam’s Microfinance Sector: Recommendations for Institutional and Legal Reforms. Asian Development Bank, November 2021. http://dx.doi.org/10.22617/wps210385-2.

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Viet Nam’s new National Financial Inclusion Strategy issued on 22 January 2020, sets out targets for promoting financial inclusion by 2025. Achieving these targets requires considerable support from the microfinance sector as well as other stakeholders in the finance sector. This paper emphasizes the need to prioritize regulatory reform for microfinance development. Otherwise, the microfinance sector in Viet Nam could remain nonprofit rather commercial—making it difficult for the sector to attract wholesale funding. Aside from helping achieve the National Financial Inclusion Strategy, regulatory reform in the microfinance sector can also enable Viet Nam to become more active, prominent, and competitive on a regional level along with its neighbors in Asia.
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López Hernández, Hernán. Observaciones al Anteproyecto del Código Penal. Universidad Autónoma de Chile, December 2018. http://dx.doi.org/10.32457/2050012728/9694201856.

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El Anteproyecto de Código Penal 2018, constituye una valiosa y muy necesaria modernización de las artes más desactualizadas del actual Código Penal tales como el sistema de autoría y participación, la determinación legal y judicial de penas y los delitos económicos y organizacionales.
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Лисоконь, Ілля Олександрович. Regulatory and Legal Basis of Ukraine’s Investment Policy in the Field of Higher Education. Kryvyi Rih State Pedagogical University, 2020. http://dx.doi.org/10.31812/123456789/4269.

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Elaboration and implementation of investment programs for the development of modern universities, cooperation with the business sector, public investment aimed at modernization of the educational environment, implementation of grants, etc. can now be considered as structural components of investment activities of higher education institutions in the context of strategic planning. Therefore, the process of active reform of the educational sector of Ukraine and its integration into the European educational space require a review of approaches, methods and forms of management of education and educational institutions, in particular on investment policy.
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Ghosh, Arijeet, Madhurima Dhanuka, Sai Bourothu, Fernando Lannes Fernandes, Niyati Singh, and Chenthil Kumar. Lost Identity: Transgender Persons Inside Indian Prisons. Commonwealth Human Rights Initiative, 2020. http://dx.doi.org/10.20933/100001185.

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This report sheds light on challenges faced by Transgender persons in Indian prisons. The report analyses the international and legal frameworks in the country which provide the foundation for policy formulations with regard to confinement of LGBT+ persons, with particular reference to the Transgender community. This report also documents the responses received to right to information requests filed to prison headquarters across the country, which in addition to providing the number of Transgender prisoners in Indian prisons between 1st May 2018 to 30th April 2019, also provides relevant information on compliance within prisons with existing legal frameworks relevant to protecting the rights of Transgender persons in prisons, especially in terms of recognition of a third gender, allocation of wards, search procedures, efforts towards capacity building of prison administrators etc. The finalisation of this report has involved an intense consultative process with individuals and experts, including representatives from the community, community-based organisations as well as researcher and academicians working on this issue. This report aims to enhance the understanding of these issues among stakeholders such as prison administrators, judicial officers, lawyers, legal service providers as well as other non-state actors. It is aimed at better informed policy making, and ensuring that decisions made with respect to LGBTI+ persons in prisons recognize and are sensitive of their rights and special needs.
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Blackham, Alysia. Addressing Age Discrimination in Employment: a report on the findings of Australian Research Council Project DE170100228. University of Melbourne, November 2021. http://dx.doi.org/10.46580/124368.

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This project aimed to research the effectiveness of Australian age discrimination laws. While demographic ageing necessitates extending working lives, few question the effectiveness of Australian age discrimination laws in supporting this ambition. This project drew on mixed methods and comparative UK experiences to offer empirical and theoretical insights into Australian age discrimination law. It sought to create a normative model for legal reform in Australia, to inform public policy and debate and improve responses to demographic ageing, providing economic, health and social benefits.
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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.

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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
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