Journal articles on the topic 'Legal institutions (including courts and justice systems)'
To see the other types of publications on this topic, follow the link: Legal institutions (including courts and justice systems).
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Legal institutions (including courts and justice systems).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Момотов, Виктор, and Viktor Momotov. "ECONOMICS OF JUSTICE: THE STATE WEAL AND THE BENEFITS OF A PRIVATE PERSON." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 5–17. http://dx.doi.org/10.12737/article_593fc3438b36c6.70253943.
Full textAbstract:
The economic component of the courts’ activities on the administration of justice is a complex issue that, unfortunately, still remained outside the field of view of the Russian researchers. The court financing system, as well as mechanisms to improve the economic efficiency of the administration of justice are topical issues of the modern legal orders, which are closely associated with the principle of independence of judges and the guarantees of independence. Justice is a point of collision of public and private interests, that is why the question of the relation of these interests within the economy of justice is particularly relevant. The purpose of this study is to identify trends in economic aspect of the activity of courts from the standpoint of the ratio between private and public interests both in Russian and in foreign legal systems of Continental-European and Anglo-American legal families, as well as determining the future prospects of such development. The objective of the study is to analyze the financing systems of the judicial system and mechanisms to improve the economic efficiency of the administration of justice, including the optimization of the case load, the introduction of e-justice, regulation of the state fee. To achieve the goals and objectives of the study can be applied a systemic-structural, comparative legal, historical, systemic and statistical methods and scientific methods of induction and deduction.
As the results of the study were identified the main models of financing of the judiciary and tendencies of their development, the problem of the case load and ways for its reduction were considered in comparative legal aspect in present article. Also the author has taken an assessment of institutions of electronic justice and state duties, as well as their role in improving the economic efficiency of the courts. On the basis of these results the author has made a few suggestions for the further development of the proceedings.
2
Petukhov, Nikolai, Ekaterina Ryabtseva, Yuri Tuganov, and Vladimir Aulov. "Preventing Corruption in the Judicial System of the Russian Federation: Opportunities for Corruption Connected with the Discretionary Powers of the Court Chairperson." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 823–33. http://dx.doi.org/10.17150/2500-4255.2020.14(6).823-833.
Full textAbstract:
At the present moment, corruption crimes committed by civil service employees not only interfere with the work of public officials endowed with authority, but they also undermine the credibility of state power, the trust and respect of people for state institutions and, primarily, for equitable justice. The article describes the experience of counteracting corruption in the practice of courts and judicial bodies, including the High Qualification Board of Judges, the Councils of Judges of the Russian Federation and of its regions. Adhering to the requirements of international law and taking into consideration the national law systems, the authors based their research on the inter-disciplinary systemic approach, which is necessary for the effective prevention of corruption in the court system. The theoretical results of the research were reflected in determining both the general regularities of combating corruption in the court system and the specific characteristics that take into consideration the structural and functional features of court power and the legal status of public officials. The practical results include suggestions on optimizing the organization of corruption prevention in the court system, the cooperation of courts and judicial bodies with other state bodies and public institutions on counteracting corruption while preserving the independence of the judicial power. The practical conclusions could be used for optimizing the work of courts and judicial bodies connected with the organization and implementation of anti-corruption measures.
3
ZONTOVA, Daria. "Grounds for the criminalization of interference in the activities of judicial bodies and the operation of automated systems in the institutions of the judicial system of Ukraine." Economics. Finances. Law 9, no. - (September 2, 2022): 13–17. http://dx.doi.org/10.37634/efp.2022.9.3.
Full textAbstract:
The paper examines the grounds of criminalization of interference in the activities of judicial bodies and the work of automated systems in the institutions of the justice system of Ukraine. Different approaches of scientists regarding the grounds of criminalization of illegal interference in the work of the court's automated document management system have been analyzed. It is indicated that the criminalization of an act in the national legislation is due to a number of different factors, including the peculiarities of certain branches of law and legal culture. It is indicated that the reasons for criminalizing interference in the activities of judicial bodies and the operation of automated systems in the institutions of the justice system of Ukraine include: 1) changes in the social and political system caused by the transition from a totalitarian to a democratic political regime, as a result of which the public demand for justice became associated precisely with the independent judiciary both in the institutional aspect and in the individual aspect of the independence of the judge; 2) enshrining the provisions on the independence and inviolability of judges in the Constitution of Ukraine and introducing into the national legislation on the status of judges the international standards of independence of judges in the institutional aspect, which determined the conformity of the social value of the independence of the court with the introduction of its protection by criminal legal means; 3) international legal obligations of Ukraine, which arose on the basis of the provisions of the Convention on Cybercrime, in terms of the criminalization of interference in the operation of automated systems in judicial bodies and institutions of the justice system, as well as technical development, due to the increase in the use of information and technical technologies with the aim of reducing human participation as a possible factor in the formation of corruption risk, as well as the introduction of electronic democracy.
4
Rudyk, Petro. "The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.
Full textAbstract:
The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.
5
Dougan, Michael. "The Court Helps Those Who Help Themselves … The Legal Status of Migrant Work-Seekers under Community Law in the Light of the Collins Judgment." European Journal of Social Security 7, no. 1 (March 2005): 7–34. http://dx.doi.org/10.1177/138826270500700102.
Full textAbstract:
This article considers the rights to free movement and equal treatment enjoyed by migrant work-seekers, in their capacity as Union citizens, in the light of the judgment of the European Court of Justice in Collins. The Court's approach now focuses upon the right of such lawfully resident Community nationals to challenge discriminatory restrictions on subsistence benefits under Article 39 EC as reinterpreted in light of Article 12 EC; and the potential for the Member States nevertheless to justify such restrictions by reference to their legitimate desire to ensure a ‘real link’ between economically inactive migrants and the domestic welfare systems. The article further addresses the impact of the Collins ruling upon legislative choices made by the Community's political institutions about the mutual allocation between Member States of financial responsibilities for economically inactive persons (including migrant work-seekers), in particular, as contained in Directive 2004/38 on free movement for Union citizens and their family members, and Regulations 1408/71 and 883/2004 on the co-ordination of national social security systems.
6
Efremova, N. N. "Legitimacy of the Judiciary in the History of the Russian Court (on the examples of Evolutionary and Revolutionary Transformations of the 18th and early 20th centuries)." Russian Journal of Legal Studies 5, no. 2 (June 15, 2018): 48–53. http://dx.doi.org/10.17816/rjls18397.
Full textAbstract:
In the article the author considers the stages of modernization most significant for the national justice: during the reforms of the 18th century, the 19th century, and the October Revolution of 1917. As history shows, revolutions and evolutionary reforms are the two main forms of development of nature and society, including state and legal institutions. Important in these cases is the legitimation, which can provide previously acquired or newly created stability and social utility.The court is an important element in the political and legal systems. As the author demonstrates, the change in the latter invariably entails a change in the former, primarily because he performs law enforcement, human rights and law enforcement functions in the legal model of statehood and, accordingly, law enforcement, law enforcement and law enforcement functions in non-legal, totalitarian, for example, statehood models various historical eras. The development of a court like any other socio-political institution can take place either in an evolutionary or revolutionary way: as a general rule, the former presupposes reforming or improving the old one, while preserving the traditional traits, while the second involves breaking the old one and creating a new one radically different from the former, but at the same time not necessarily progressive.Comparing the two versions of the revolutionary in essence and the results of the transformation of the court in the domestic history, the author concludes: in the first case, the reforms of Peter I corresponded to the task of its modernization and were sufficiently conditioned by the tendencies of not only political, but also economic, social and cultural development of Russia, although and a few ahead of them. In the second example of the post- October revolutionary breakdown of the progressive, in fact, court, the new court did not correspond to the features and qualities of the proper organization of justice, but was conditioned and substantiated by the interests of the new ruling class and the Soviet socialist state, whose task is precisely their expression and protection.
7
Ivanova, Albena. "Appeal of Public Procurement Procedures." International conference KNOWLEDGE-BASED ORGANIZATION 25, no. 2 (June 1, 2019): 135–40. http://dx.doi.org/10.2478/kbo-2019-0069.
Full textAbstract:
Abstract Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The purpose of the new Directives is to exclude the risk of giving national tenderers an advantage. There are a number of issues, including the kind of legal protection contractors can expect in Public Procurement procedures. This article analyses one of the mechanisms for controlling Public Procurement - their appeal. It relates to the judicial control exercised by the relevant national institutions in the Member States and the conditions and procedures for appeal that are governed by the national laws, once the Directives have been transposed into national legal systems. Despite a limited number of cases, the Court of Justice of EU (CJEU) also exercises judicial review within the context of a reference for a preliminary ruling, where a national court hearing an appeal against a Public Procurement procedure, has referred a question to the CJEU.
8
VanNatta, Michelle. "Race, criminalization, and embedded discrimination in immigration court." Safer Communities 18, no. 3/4 (October 14, 2019): 107–20. http://dx.doi.org/10.1108/sc-12-2018-0033.
Full textAbstract:
Purpose As the US criminal justice system and immigration system increasingly interconnect, even immigration policy that is facially race-neutral may involve biased practices. The purpose of this paper is to examine how institutional racism in criminal legal processes creates particular barriers for many individuals of Latin American and/or African descent facing deportation proceedings in US immigration courts, particularly in assertions regarding gang affiliation. Design/methodology/approach This research is based on ethnographic observation. The work utilized a grounded theory approach. The observation took place at public master calendar hearings at a Midwestern immigration court between 2013 and 2015, yielding over 400 pages of fieldnotes that were coded and analyzed for patterns. Findings Non-citizens in the USA, including lawful permanent residents, are subject to deportation if labeled “criminal.” Racial profiling and criminalization of communities of color create heightened risk of deportation. Assumptions that common tattoos or urban fashion indicate criminality, reliance on Facebook posts to “prove” gang membership, and the use of arrest records as evidence of criminality even if charges were dropped all put immigrants of Latin American and/or African descent at heightened risk. Research limitations/implications The ethnographic method used has strong validity but weaker reliability and generalizability. Practical implications This paper can help analysts, policymakers and advocates consider how to adapt systems to increase equity. Originality/value This research provides direct examples and ethnographic evidence of how race and cultural bias in criminal legal processes and immigration policies can affect people in deportation proceedings.
9
Rojszczak, Marcin. "Compliance of Automatic Tax Fraud Detection Systems with the Right to Privacy Standards Based on the Polish Experience of the STIR System." Intertax 49, Issue 1 (January 1, 2021): 39–52. http://dx.doi.org/10.54648/taxi2021005.
Full textAbstract:
According to the EC estimates presented in November 2018, the so-called VAT gap amounted to approximately EUR 150 billion with organized crime groups largely responsible for its creation. Therefore, it is not surprising that states, while protecting their economic interests, are implementing new measures aimed at detecting and preventing tax crime. Poland is also pursuing this type of activity, and a number of innovative measures in the field of tax law have been introduced over the last few years. One such solution is the automatic system of analysing transaction data from financial institutions (System Teleinformatyczny Izby Rozliczeniowej, STIR). The way this system works – combining the collection of enormous sets of personal data including sensitive information with confidential analytics and composing reports for tax authorities and law enforcement purposes – must raise doubts as to its compliance with human rights standards. In terms of its operation, STIR resembles electronic surveillance systems in other EU Member States; the difference is that, instead of capturing telecommunications data, it aggregates bulk amounts of information on financial transactions. The purpose of this article is to discuss the regulations that establish the legal framework of STIR and to present recommendations on how to ensure its compliance with the privacy and data protection model functioning in the EU. Special attention will be paid to assessing the proportionality and quality of legal safeguards implemented to limit the risk of abuse of power according to standards established in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). Conclusions drawn from this analysis are not only important from the perspective of the Polish legislature but are also relevant to other countries and EU institutions implementing systems similar to STIR that are interested in developing cooperation between Member States in the area of combatting tax fraud. Right to privacy, tax fraud, transaction network analysis, automated decision-making, VAT gap.
10
Sheremet, Anzhelika, Tetiana Blaschuk, and Serhii Ishchuk. "Mediation Principles in the Civil Society and Features of Their Application in the Educational Environment of Ukraine." Journal of Education Culture and Society 13, no. 2 (September 27, 2022): 231–50. http://dx.doi.org/10.15503/jecs2022.2.231.250.
Full textAbstract:
Aim. The main purpose of research presented in this article is to analyse mediation principles as an alternative way of dispute resolution and features of their application in the educational environment of Ukraine. For which purpose it was necessary to perform the following tasks: - the concept and role of mediation principles were studied; - certain types of mediation principles were defined; - the essence and significance of the most important mediation principles were revealed; - and the application of mediation principles in Ukraine was clarified. In Ukraine, civil society institutions have been trying on their own to introduce and promote mediation as a way of alternative dispute resolution. However, systemic problems of access to justice require finding other ways to resolve conflict situations. Mediation becomes especially relevant in the context of COVID-19 coronavirus pandemic, when access to the court system is limited. Methods. The study is based on the analysis of enacted regulations and their comparison in different countries, as well as information obtained from the study of literature, including works by authors of both legal and other social sciences where mediation is used as a means of compromise, including psychology, medicine, ecology, along with the use of tools and comments specific to the study of law. To study the prospects and effective application of mediation principles in the educational environment, sociological surveys of various participants of the educational process were conducted. Results. The results of study showed that certain types of mediation principles are applied in different countries taking into account the peculiarities of national legal systems. Notwithstanding, such principles as the rule of law, the principle of equality (equal rights) of the parties, the principle of voluntariness, confidentiality and mediator behaviour (independence and impartiality, trust and justice) are applied in most of the studied national models of mediation, consequently they can be called fundamental. The survey results have revealed the readiness of the educational environment to introduce mediation as a tool for resolving conflicts in the educational environment. In Ukraine, the draft law “On Mediation” defines general principles of mediation; however, the problem is insufficiently clear criteria for disputes that cannot be transferred to mediation. In addition, the principle of the rule of law should be defined as one of the fundamental principles of mediation. Conclusions. The specifics of the implementation of mediation principles in Ukraine and their correlation with the principles of the judicial process require further research.
11
Kaluzhna, Oksana, and Kateryna Shunevych. "LIABILITY MECHANISMS FOR WAR CRIMES COMMITTED AS A RESULT OF RUSSIA’S INVASION OF UKRAINE IN FEBRUARY 2022: TYPES, CHRONICLE OF THE FIRST STEPS, AND PROBLEMS." Access to Justice in Eastern Europe 5, no. 3 (August 13, 2022): 178–93. http://dx.doi.org/10.33327/ajee-18-5.2-n000324.
Full textAbstract:
Ukrainian law enforcement agencies are investigating more than 18,000 war crimes and crimes of aggression, including 18,177 violations of the laws and customs of war, more than 5,000 murders and 6,000 civilian injuries, and about 23,000 destructions of civilian infrastructure. We note these figures without considering the number of crimes committed in the occupied territories and the places of active hostilities. The number of crimes increases every day. War crimes are a type of international crime, along with the crime of aggression, crimes against humanity, and genocide, which russia[1] is committing in Ukraine. However, in the article’s title, the term ‘war crimes’ is used in a unifying context. The researchers outline the range of war crimes and note the lack of systematisation due to the non-ratification of the Rome Statute by Ukraine, which significantly complicates the qualification of crimes for practicing lawyers. The authors then analyse such mechanisms of bringing the military, officers, and officials of russia to justice as: а) the International Criminal Court (ICC), b) ad hoc tribunals, с) the European Court of Human Rights (ECtHR), d) national judicial systems on the principle of universal jurisdiction e) criminal proceedings of Ukraine, f) eclectic forms of cooperation of justice bodies of Ukraine with foreign and international partners, together with the chronology of the first steps for each. The rationality of the establishment of a special international ad hoc tribunal exists because of the duration of the proceedings in the IСС, the ІСС workload and lack of funding, and the non-extension of the ICC jurisdiction to the crime of aggression due to Ukraine’s non-ratification of the Rome Statute; ensuring the impartiality of the court in the eyes of the international community. The authors draw the attention of the Ukrainian legislator to the need to improve the logistics of using foreign forensic experts’ opinions in criminal proceedings on war crimes in Ukraine by amending the Criminal Procedure Code (CPC) on the procedure for its verification as sources of evidence. The research methodology includes logical, historical, statistical, comparative law, and system-structural methods. The information base consisted of international legal acts, national legislation, official resources of authorities and international institutions, and other open data.
12
Resnik, Judith. "Reinventing Courts as Democratic Institutions." Daedalus 143, no. 3 (July 2014): 9–27. http://dx.doi.org/10.1162/daed_a_00284.
Full textAbstract:
Eighteenth-century constitutional commitments guaranteeing rights-to-remedies were shaped when members of the propertied classes were the prototypical litigants and governments' criminal justice systems were nascent. Twentieth-century egalitarian norms expanded the imagination of what justice could produce, and courts turned into sites of democracy. The particular and peculiar practices of adjudication produce, redistribute, and curb power among disputants who disagree in public about the import of legal rights. But new procedures—alternative dispute resolution (ADR)—encourage, and sometimes require, disputants to mediate or to arbitrate disputes privately as a predicate to or in lieu of using the public forum of courts. Some initiatives delegate adjudication to administrative tribunals, and others outsource binding decision-making to private providers. The resulting fragmentation and privatization of adjudication have profound implications for the newly minted democratic character of courts. The durability of courts as active and disciplined sites of public exchange ought not to be taken for granted. Like other venerable institutions of the eighteenth century—such as the postal service and the press, which served in parallel fashion to disseminate information and support democratic competency—courts are vulnerable.
13
Ragimov, Ilgam M. "Nuremberg Trials: the triumph of justice or the trial of the victors? (Reflections on the book by A.N. Savenkov “Nuremberg: A Verdict for name of Peace”." Gosudarstvo i pravo, no. 12 (2022): 7. http://dx.doi.org/10.31857/s102694520023298-8.
Full textAbstract:
The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the results of A.N. Savenkov’s research, the study of archival materials of the Nuremberg Trials and other sources on this issue, the authors believe that: • in the entire history of legal proceedings, there has probably never been a court like the Nuremberg Trials. Its uniqueness lies in the fact that it is the first case in the history of justice (sui generis) when more than 20 high-ranking officials, who were part of the highest political and military leadership of a single aggressor state, found themselves in the dock, guilty of both planning, preparing and unleashing a world war, and committing during it mass crimes against peace and humanity; • the historical value of the International Military Tribunal is also seen in the fact that its results had a huge impact on the course of world history, outlined the basic contours of the new architecture of the post-war world order and world order on Earth, laid the foundations of international criminal justice, etc., and the Tribunal itself became a symbol of the victory of good over evil; • the Nuremberg Trials showed that for crimes against peace, war crimes and crimes against humanity committed during an aggressive war, the victorious States have the right to establish a special court (ad hoc) with universal jurisdiction against the political and military leaders of the defeated State, to determine a list of specific crimes (including those with criminal retroactivity), those under his jurisdiction, to provide for a special procedure for the administration of justice, to establish the types of punishment for the perpetrators and their terms, the order and form of execution of a court sentence, etc.; • the refusal of the founders of the Ministry of Internal Affairs to bring to trial the highest state and military officials of Nazi Germany on the basis of the national laws of the countries on whose territory they committed numerous terrible crimes incompatible with human nature was due to the fact that the norms of criminal legislation of none of these states (as, indeed, International Law of that time) did not they fully covered all the specifics of the objective and subjective properties of many barbaric crimes committed by Nazi criminals against humanity, therefore, it was not possible to talk about this category of monstrous acts that claimed the lives of tens of millions of innocent people as classic forms or types of crimes that infringe on the rights and freedoms of individual citizens or states, even at the level of the institution of analogy in law; • taking into account the irremediable contradictions between the norms of national and International Law, on the one hand, and the essentially unprecedented atrocities committed by Nazi criminals on a massive scale, on the other, the victorious countries in World War II as bearers of supreme power in Germany (due to the loss of its legal personality) on August 8, 1945 we made the only possible decision in the current situation: 1) to establish an open International Military Tribunal with universal jurisdiction for the prosecution and punishment of the main war criminals of the European Axis countries; 2) on the basis of international treaties and agreements, the basic values of natural law, generally recognized principles of Criminal and Criminal Procedure Law, taking into account certain provisions of the Anglo-Saxon and Romano-Germanic legal systems, adopt the Statute of the Ministry of Internal Affairs, the norms of which should: a) determine the powers and procedures of this judicial body; b) contain a criminal definition of the concepts of “criminal organization”, “crime against peace”, “war crime” and “crime against humanity”; c) provide procedural guarantees for the defendants and their defenders; d) to fix the provision according to which the official position of the defendant (be it the head of state or another responsible state official) is not a basis for exemption from liability or mitigation of punishment, etc.; • in the process of working on the Statute of the Ministry of Internal Affairs, the doctrine of due (supervisory) law was widely applied in it, which, unlike what exists, is based on such immanent properties of a person’s spiritual being as justice and freedom of spirit, morality and common sense, etc. The originality of supervisory right is also manifested in the fact that it is free from any whatever the external definitions and directives, it is not burdened with political and ideological dogmas; • by its nature, the Charter of the Nuremberg Tribunal is not a normative legal act in the traditional sense of the term, but a special international prescriptive act with the force of law, adopted on August 8, 1945 by representatives of the heads of government of the USSR, the USA, Great Britain and France in the form of an annex to the London Agreement “On the Prosecution and Punishment of the main War Criminals of European Countries axes”; • in the verdict of the International Military Tribunal, for the first time at the global level, legal entities were recognized as the subject of crimes against peace, war crimes and crimes against humanity – the Elite Guard (SS), the Security Service (SD), the Secret State Police (Gestapo) and the National Socialist Workers’ Party of Germany (NSRPG). At the same time, not all crimes committed by high-ranking officials and institutions of Nazi Germany during the Second World War were reflected or properly assessed in it; • the expectations of the world community from the Nuremberg Trials were only partially justified, since in those years many in the world believed that all Nazi criminals should be put to death without trial. Only the firm position of the USSR and its insistent demands to the allied powers about the need to bring them to trial prevented further extrajudicial reprisals against them; • the International Military Tribunal in Nuremberg cannot be regarded as a “court of victors” over the defeated. It should be perceived as a unique judicial and legal phenomenon in the history of mankind - Transitional Justice at a critical stage in the modern history of mankind.
14
Sitņikova, Svetlana. "“Tiesību tikt aizmirstam” piemērošanas un izpratnes problēmas Latvijā." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 4 (2016): 96–112. http://dx.doi.org/10.25143/socr.04.2016.1.96-112.
Full textAbstract:
“Tiesības tikt aizmirstam” ir samērā jauns tiesību institūts, kura aktualizēšanas priekšnosacījums ir tehnoloģiju attīstība un globalizācija, kas šobrīd ļauj padarīt informāciju, tostarp arī personas datus un sensitīvus datus, publiski pieejamu visā pasaulē. Iepriekšminētais rada nepieciešamību veicināt personas datu aizsardzību. “Tiesības tikt aizmirstam” īpaši tika aktualizētas saistībā ar Eiropas Savienības tiesas lēmumu lietā C-131/12 Google Spain SL, Google Inc. pret Agencia de Protección de Datos, Mario Costeja González (t. s. Google v Spain lieta). Arī Eiropas Cilvēktiesību tiesa saskaras ar jaunām koncepcijām, no kurām viena ir “tiesības tikt aizmirstam”. Veicot pētījumu, tika gūtas šādas atziņas: Latvijas Republikas normatīvajos aktos paredzētie aizsardzības līdzekļi, atbildība un sankcijas tikai daļēji veicina “tiesību tikt aizmirstam” ievērošanu. Pētījumā iesaistītās valsts iestādes neapzinās ar fizisko personu datu apstrādi saistītos potenciālos riskus un tos novērsa (veica nepieciešamās izmaiņas datu apstrādes sistēmās) tikai pēc privātpersonas(-u) iesnieguma saņemšanas. Šī iemesla dēļ, lai stiprinātu Latvijas iedzīvotāju uzticēšanos valsts iestādēm jautājumā par tiešsaistē atrodamiem datiem un panāktu jaunu pakalpojumu, tostarp arī publisko e-pārvaldības pakalpojumu izmantošanu, tādējādi sekmējot ekonomikas izaugsmi, valsts iestādēm ir jāpārskata sava prakse saistībā ar personas datu apstrādi un pieejamību tiešsaistē. The “right to be forgotten” is a relatively new legal institution and the prerequisite for it are rapid technological developments and globalisation allowing information, including personal data and sensitive data, publicly available worldwide. The above mentioned requires the enhancement of the personal data protection. The “right to be forgotten” had been brought up to date particularly in relation to the EU Court of Justice decision in case C-131/12 Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González. The European Court of Human Rights is being faced with new concepts such as that of the “right to be forgotten”. The following conclusions are drawn when conducting the research: the remedies, liability and sanctions as provided in Latvian regulation only partially contribute to the compliance with the “right to be forgotten”. The state institutions interviewed while carrying out this research are not aware of the potential risks concerning processing of personal data and make necessary changes in their data processing systems only in response to the individual/-s application. Therefore, to strengthen the trust of Latvian inhabitants in online data kept by public authorities and to enhance usage of e-government services, thus facilitating economic growth, the public authorities must review their existing practices regarding the processing of personal data and access online.
15
MacDowell, Elizabeth. "Vulnerability, Access to Justice, and the Fragmented State." Michigan Journal of Race & Law, no. 23.1 (2018): 51. http://dx.doi.org/10.36643/mjrl.23.1.vulnerability.
Full textAbstract:
This Article builds on theories of the fragmented state and of human and institutional vulnerability to create a new, structural theory of “functional fragmentation” and its role in access to justice work. Expanding on previous concepts of fragmentation in access to justice scholarship, fragmentation is understood in the Article as a complex phenomenon existing within as well as between state institutions like courts. Further, it is examined in terms of its relationship to the state’s coercive power over poor people in legal systems. In this view, fragmentation in state operations creates not only challenges for access, but also opportunities for resistance, resilience, and justice. Focusing on problem-solving courts, and family courts in particular, the Article examines the intersection of human and institutional vulnerability within legal institutions and provides a framework for identifying ways to create greater access to justice. The Article contributes to state theory and the feminist theory of vulnerability, while providing a new way to understand and address an increasingly coercive state and its punitive effects on low-income people.
16
Kleandrov, M., and I. Pluzhnik. "THE RANGE OF ADMINISTRATIVE JUSTICE SPECIALIZATIONS IN RUSSIA AND THE OTHER BRICS COUNTRIES." BRICS Law Journal 5, no. 2 (July 4, 2018): 24–48. http://dx.doi.org/10.21684/2412-2343-2018-5-2-24-48.
Full textAbstract:
This article deals with the challenges concerning increasing administrative justice efficacy in Russia and other BRICS countries, where the specialized development of jurisdictional bodies is inconsistent and far from effective. The article analyzes the gaps and disputed aspects of administrative justice including the mechanisms for judicial administrative dispute resolution in the BRICS countries. The authors argue that the level of effectiveness of administrative justice vested in judicial procedures depends critically on the specialization of the administrative courts. This involves individual judges, separately operating permanent judges, judicial committees, mono-courts, independent administrative judicial systems incorporated into larger judicial systems within the courts of general jurisdiction, and separate and independent administrative and judicial systems. Even though the BRICS countries do not have a structured administrative judiciary, the retrospective and comparative analysis of their administrative justice jurisdiction and its most effective practices and mechanisms undertaken by the authors enables them to rethink the existing approach to resolving administrative cases via the judiciary. The aim of the article is to initiate the creation of an independent administrative court system organization in order to ensure better justice in the areas of social life including legal relations with executive bodies. Suggestions for the implementation of the specialization of the administrative judiciary in the Russian Federation are given. The authors, for the first time in Russian jurisprudence, propose a theoretical model of an independent, four-tiered specialized legal mechanism of administrative justice, which includes the interrelated factors of court organization, the judiciary and their legal status. The range of the four specialized tiers of the administrative judicial system is proposed. It is argued that they should include a systematic succession represented by lower courts, first instance lower courts, area courts and a Higher Administrative Court of the Russian Federation.
17
Rofiq, Ahmad, Hari Sutra Disemadi, and Nyoman Serikat Putra Jaya. "Criminal Objectives Integrality in the Indonesian Criminal Justice System." Al-Risalah 19, no. 2 (December 16, 2019): 179. http://dx.doi.org/10.30631/al-risalah.v19i2.458.
Full textAbstract:
The integrality of the criminal justice system must be realized in every aspect of sub-systems, in substance, structure, and legal culture. In this respect, in the process of criminal justice, the three sub-systems’ integrality are required so that the criminal justice system is capable to produce fair legal decisions in the process of law enforcement in Indonesia. Until such a policy is undertaken, the law will always be harsh against the poor and weak against the rich. This paper discusses criminal objectives integrality in Indonesian criminal justice system and its influence in the integrated criminal justice system. Using a normative juridical method, this paper demonstrates that each sub-system of criminal justice (the Police, Prosecutors, Courts, and the prison) is in line with the main objectives of criminal law enforcement as found in various laws that govern the institutions.
18
Rofiq, Ahmad, Hari Sutra Disemadi, and Nyoman Serikat Putra Jaya. "Criminal Objectives Integrality in the Indonesian Criminal Justice System." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 19, no. 2 (December 16, 2019): 179–90. http://dx.doi.org/10.30631/alrisalah.v19i2.458.
Full textAbstract:
The integrality of the criminal justice system must be realized in every aspect of sub-systems, in substance, structure, and legal culture. In this respect, in the process of criminal justice, the three sub-systems’ integrality are required so that the criminal justice system is capable to produce fair legal decisions in the process of law enforcement in Indonesia. Until such a policy is undertaken, the law will always be harsh against the poor and weak against the rich. This paper discusses criminal objectives integrality in Indonesian criminal justice system and its influence in the integrated criminal justice system. Using a normative juridical method, this paper demonstrates that each sub-system of criminal justice (the Police, Prosecutors, Courts, and the prison) is in line with the main objectives of criminal law enforcement as found in various laws that govern the institutions.
19
Andrews, Neil. "Affordable and Accurate Civil Justice Challenges Facing the English and Other Modern Systems." European Business Law Review 25, Issue 4 (August 1, 2014): 545–63. http://dx.doi.org/10.54648/eulr2014025.
Full textAbstract:
Modern legal systems, including the English, emphasise the need to promote mediation, uphold arbitration (which bypasses the courts), and achieve settlements. These are regarded as preferable to lengthy court proceedings culminating in trial. In England the Jackson reforms of April 2013 aim to control costs and stream-line proceedings. However, it is here argued that the challenges of promoting affordability and accessibility must not be permitted to undermine accuracy and that public adjudication in the courts of civil claims, including clarification of points of law, remain important for the vitality and health of the legal system. Inaccurate judicial decision-making would be unacceptably rough justice. It will be shunned. Furthermore, although mediation and arbitration have their place, both have their dangers, if they cause public adjudication to become too scarce or unreliable. For neither mediation nor arbitration involves public judgment of disputed matters of fact and law.
20
Chayka, K. L. "The Genesis of International Justice." Rossijskoe pravosudie 2 (January 28, 2021): 13–19. http://dx.doi.org/10.37399/issn2072-909x.2021.2.13-19.
Full textAbstract:
The increasing number of international courts and their specialisation and the penetration of legal positions developed at the supranational level into the practice of domestic courts raise the question of the nature of international justice and its peculiarities. The concepts of national justice and the systemic nature of international courts are well developed in the doctrine, but the issue of international justice remains under-researched. Such an analysis is particularly important because of Russia's membership of the Eurasian Economic Union and the active use of supranational court positions in domestic law enforcement, including judicial enforcement. This article examines the current and historical approaches to the understanding of justice in Russian legal theory and the views of foreign scholarship on procedural justice, which is seen as equivalent to the category of «justice». The aim of this study is to formulate a concept of justice that is free from the peculiarities of national legal systems and able to explain the processes inherent in international courts. The question of the specific features of international justice will be answered, preceded by a reflection on the definition of «international judicial body» in the context of approaches of domestic as well as European. The method of induction has made it possible to identify the specific features inherent in universal international courts as well as in courts of integration associations and, on this basis, to provide a definition for «international judicial body». A comparison of the powers vested in the Court of Justice of the Eurasian Economic Union, the range of persons having the possibility to initiate dispute resolution, the binding and enforceable nature of its acts with similar rules in the activities of the UN International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Union provides empirical material for analysis of the specific features of the Eurasian dispute resolution body justice. The study concludes that the modern concept of national and international justice has its philosophical basis in the genesis of ideas about human rights and fundamental freedoms. International justice, however, is defined as the legal and procedural activity of an independent judiciary to apply the law and resolve legal conflict.
21
Rowand Robinson, T., and Mary Jane K. Rapport. "Providing Special Education in the Juvenile Justice System." Remedial and Special Education 20, no. 1 (January 1999): 19–35. http://dx.doi.org/10.1177/074193259902000103.
Full textAbstract:
According to the Individuals with Disabilities Education Act of 1990, all students are entitled to a free and appropriate public education, including incarcerated youth with disabilities. Based on legal research, we discuss pertinent issues integral to providing appropriate educational services to incarcerated youth as addressed by the courts and education professionals. We address (a) prevalence rates of disabilities among juvenile delinquent populations, (b) problems facing correctional facility personnel in providing special education services to inmates with disabilities, (c) recent developments in case law regarding the implementation of special educational services for juveniles in correctional facilities, and (d) recommendations for facilitating special education programming in correctional institutions.
22
Wilhelm, Teena, Richard L. Vining, Ethan D. Boldt, and Bryan M. Black. "Judicial Reform in the American States: The Chief Justice as Political Advocate." State Politics & Policy Quarterly 20, no. 2 (February 26, 2020): 135–56. http://dx.doi.org/10.1177/1532440020907975.
Full textAbstract:
The state courts of last resort are vital components of American judicial system, disposing of many important legal matters. The chief justices of these courts serve consequential roles in these institutions. Although scholars have examined the selection and duties of states’ chief justices, their interactions with the elected branches are understudied. We focus on how chief justices on state high courts use their roles to encourage judicial reform. Specifically, we examine the determinants of chief justices’ successes or failures as advocates for their justice systems. To analyze why chief justices succeed or fail as reform advocates, we analyze the fate of reform proposals offered in state of the judiciary addresses. Our results indicate that greater ideological similarity between the state legislature and chief justice or state supreme court median increases the odds of an agenda item being enacted. We also find that the scope of a policy request influences the likelihood it will be granted.
23
Chetverikov, A. O. "Immunity of States and International Organizations in the Court of Justice of the European Union Practice and its Significance in the Implementation of Megascience Projects." Lex Russica, no. 4 (April 24, 2021): 112–29. http://dx.doi.org/10.17803/1729-5920.2021.173.4.112-129.
Full textAbstract:
In recent years, Russia has invested significant assets in unique scientific facility of the “Megascience” class that are being built or are already operating on the territory of foreign countries, mainly member states of the European Union: the International Thermonuclear Research Reactor-ITER (France), the European X-ray Free Electron Laser-European XFEL, the Large Hadron Collider (Switzerland and France), etc.How reliable and safe are such investments in the context of the sanctions policy of the West, including the EU, against our country? To what extent are they protected by the principle of immunity of states and international organizations, which is generally recognized, but is not interpreted and applied in different legal systems? The paper considers these issues in the context of the development of the judicial practice of the supranational institution of the judicial power of the EU, namely the Court of Justice of the European Union and the concept of relative immunity (immunité relative) formulated herein.Having conducted a comparative legal review of the current state of the sources of law and doctrine on the issues of immunity of states and international organizations, the author analyses and evaluates the decisions of the EU Court of Justice and the legal positions of its attorneys General: — Mahamdia v. Algeria, 2012: for the first time ECJ formulates the concept of relative immunity in relation to states;— "Rina" and "Suprim" cases, 2020: EU Court clarifies the interpretation of the concept of acta iure imperii (acts of public authority), in respect of which states retain immunity in the EU, and extends its concept of relative immunity to international intergovernmental organizations.The final section deals with legal issues that yet to get a clear answer in the practice of the EU Court of Justice. In this regard, the author highlights possible directions of its evolution, and studies other recent decisions of the EU Court of Justice that may affect Russia’s national interests in the context of cooperation with EU member states in the scientific and technical sphere, including megascience, and in other areas.
24
Vaitsekhovska, O., and O. Chepel. "The role of international courts’ decisions in the system of sources of international financial law." Problems of Legality, no. 155 (December 20, 2021): 254–72. http://dx.doi.org/10.21564/2414-990x.155.238447.
Full textAbstract:
The paper deals with the analysis of the legal nature of international courts’ decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of cross-border financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the parties involved in the case, and only in the current case); 2) situatedness and unprompted appearance; 3) impartiality (due to the judges’ lack of political interest); 4) authority (international courts include generally recognized experts in international law).
25
Huneeus, Alexandra. "International Criminal Law by Other Means: The Quasi-criminal Jurisdiction of the Human Rights Courts." American Journal of International Law 107, no. 1 (January 2013): 1–44. http://dx.doi.org/10.5305/amerjintelaw.107.1.0001.
Full textAbstract:
Since the close of the Cold War, the international community has created a variety of legal institutions designed to step in when state justice systems fail to prosecute genocide, war crimes, and crimes against humanity. The ad hoc criminal tribunals, the hybrid tribunals (such as the Special Court for Sierra Leone), the International Criminal Court (ICC), and the use of universal jurisdiction by national courts are among a new generation of courtly mechanisms designed to hold wrongdoers criminally accountable, state justice systems notwithstanding. These mechanisms represent an era of international judicial involvement in what used to be a more exclusively sovereign matter—the response to mass crimes against civilian populations. Accordingly, they have engendered a slew of scholarship devoted to analyzing their strengths and weaknesses, individually and as a group.
26
JAFFE, JAMES. "Gandhi, Lawyers, and the Courts' Boycott during the Non-Cooperation Movement." Modern Asian Studies 51, no. 5 (June 22, 2017): 1340–68. http://dx.doi.org/10.1017/s0026749x1600024x.
Full textAbstract:
AbstractThis article analyses the role of the legal profession and the evolution of aspects of Indian nationalist ideology during the Non-Cooperation Movement of 1920–22. Very few legal professionals responded to Gandhi's call to boycott the British courts despite significant efforts to establish alternative institutions dedicated to resolving disputes. First identified by leading legal professionals in the movement as courts of arbitration, these alternative sites of justice quickly assumed the name ‘panchayats’. Ultimately, this panchayat experiment failed due to a combination of apathy, repression, and internal opposition. However, the introduction of the panchayat into the discourse of Indian nationalism ultimately had profound effects, including the much later adoption of constitutional panchayati raj. Yet this discourse was then and remains today a contested one. This is largely a legacy of Gandhi himself, who, during the Non-Cooperation Movement, imagined the panchayat as a judicial institution based upon arbitration and mediation. Yet, after the movement's failure, he came to believe the panchayat was best suited to functioning as a unit of village governance and administration.
27
de Sa e Silva, Fabio. "‘Not falling for that’: law's detraction and legal consciousness in the lives of Brazilian anti-torture activists." International Journal of Law in Context 16, no. 1 (March 2020): 39–56. http://dx.doi.org/10.1017/s1744552320000063.
Full textAbstract:
AbstractLegalised accountability – the definition of torture as an illicit behaviour and the mobilisation of law-enforcement agencies, prosecutorial offices and courts to gather evidence, prosecute and convict torture perpetrators – has become central to anti-torture policies around the world, including Brazil. Based on legal-consciousness scholarship and in-depth interviews, this paper investigates the place and meaning of law in the everyday lives of Brazilian anti-torture activists. Counter-intuitive as it may sound, interviewees articulated an account in which law's authority is largely rejected, while non-legal tools against torture look much more preferable – even if they residually and cynically engage with the law. While exploring the discursive roots of such account, this paper highlights the role of law and justice institutions, particularly those in the criminal justice system, in the of building social support for – or rejection of – the law. These findings add to our knowledge of law's hegemony, while providing valuable insights for future legal-consciousness studies.
28
Щерблюк, О. В. "FUNCTIONS AND TASKS OF SYSTEMS AND INSTITUTIONS OF THE SYSTEM PROVISION OF THE COURT." Juridical science, no. 3(105) (March 30, 2020): 302–11. http://dx.doi.org/10.32844/2222-5374-2020-105-3.38.
Full textAbstract:
The article analyzes the current legislation of Ukraine which regulates organizational issues of the judiciary. It is stated that the right to a fair trial depends on many factors, one of which is the tasks and functions of the organization of the judiciary in Ukraine. Where the functions and tasks of the organization of the judiciary in Ukraine should correspond, on the one hand, to the promotion of the proper exercise of their powers by the courts, and on the other hand not to create conditions for influencing judges. The main bodies and institutions and their functions and tasks in the organization of the judiciary in Ukraine are determined. To such bodies and institutions the author includes: the High Council of Justice, the State Judicial Administration of Ukraine, the High Qualification Commission of Judges of Ukraine, judicial self-government, the court staff, the National School of Judges of Ukraine. the tasks and functions of the above-mentioned bodies are in most cases not directly indicated at the legislative level. Thus, when separating the tasks and functions facing different public authorities, it is not always possible to clearly separate them from each other. Therefore, analyzing the legal status, we can assume that the main functions of the judiciary are: security, financial management, control, information and communication , normative-methodical, etc. In turn, the tasks of each judicial body or institution in the field of organization of the judiciary are mainly determined by the areas and powers specified in the regulations governing their status. It is determined that the bodies and institutions that are called to perform the functions and tasks of the judiciary are: the High Council of Justice, the State Judicial Administration of Ukraine, the High Qualifications Commission of Judges of Ukraine, judicial self-government, the court, the National School of Judges of Ukraine. self-government involved in the organizational support of the courts, as well as the tasks and functions of the above bodies in most cases at the legislative level are not directly specified. Therefore, analyzing the legal status, we can assume that the main functions of the organization of the judiciary are: security, financial and administrative, control, information and communication, regulatory and methodological, and so on.
29
Bilal oğlu İbadov, Semral. "Theoretical-legal and practical aspects of the surrender of the aggressor." SCIENTIFIC RESEARCH 10, no. 6 (June 27, 2022): 16–20. http://dx.doi.org/10.36719/2789-6919/10/16-20.
Full textAbstract:
Məqalə təcavüzkarın təslim edilməsinin nəzəri-hüquqi və praktiki aspektlərinə dair elmi-nəzəri müddəalar, presedent hüququ, beynəlxalq cinayət ədliyyəsi təsisatlarının təsis sənədləri, habelə beynəlxalq təşkilatların ümumi strategiyası əsasında hazırlanmışdır. Bununla yanaşı, Ermənistanın Azərbaycana qarşı təcavüzü nəticəsində törədilən beynəlxalq cinayətlərə, o cümlədən təcavüz cinayətinin törədilməsində təqsirli bilinən şəxslərin təslim edilməsi məsələlərinə də toxunulmuşdur. Açar sözlər: təcavüz, təcavüzkar, təcavüzkarın təslim edilməsi, beynəlxalq cinayət tribunalları və məhkəmələri, hybrid məhkəmələr, Ermənistanın Azərbaycana qarşı təcavüzü Semral Bilal Ibadov Theoretical-legal and practical aspects of the surrender of the aggressor Abstract The article is based on scientific and theoretical provisions on the theoretical, legal and practical aspects of the surrender of the aggressor, case law, the constitutional documents of international criminal justice institutions, as well as the general strategy of international organizations. At the same time, international crimes committed as a result of Armenia's aggression against Azerbaijan, including the extradition of persons accused of aggression, were touched upon. Key words: aggression, aggressor, extradition of the aggressor, international criminal tribunals and courts, hybrid courts, Armenian aggression against Azerbaijan
30
Kachalova, O. V. "The Modern Paradigm of Justice: Challenges of the Time." Rossijskoe pravosudie 7 (June 25, 2021): 5–9. http://dx.doi.org/10.37399/issn2072-909x.2021.7.5-9.
Full textAbstract:
The future of modern justice is based on the idea of its anthropocentricity, according to which the center of application of any state activity is a person. The main ideas that make up the vector of the development of modern justice, discussed in the world community, are the focus of the courts on reducing conflicts in society, extending the state's services to the judicial sphere, digitalizing the process of administering justice, including using the capabilities of artificial intelligence and blockchain technology in judicial activity. A worldwide trend that has been widely developed in recent decades is the development of compromise methods for resolving legal conflicts, which involves the development of pre-trial mechanisms for resolving disputes, the expansion of alternative methods for resolving criminal cases of crimes that do not pose a great public danger, and the development of mediation. An important role in this should be assigned to the court, which informs the population about the possibilities for resolving disputes, and also creates the necessary prerequisites for resolving them. The paradigm of modern justice is changing before our eyes: the traditional approaches to justice are being replaced by its understanding as a state service for resolving legal disputes (which is the main part of justice), which must meet the requirements of accessibility, speed and quality. The state can provide this service independently through the functioning of the judicial system or delegate part of the authority for its implementation to private entities (commercial arbitration, arbitration courts, public courts. In the context of technologicalization of society, the philosophy of justice is transformed from ritualism and ritualism to convenience and accessibility. IT-technologies in justice and judicial management, smart courts, artificial intelligence, blockchain in judicial activity have become realities in the judicial systems of many countries Artificial intelligence does not replace the court, but is an auxiliary tool for administering justice. Programs developed on the basis of artificial intelligence help the court decide. Blockchain allows you to quickly integrate large amounts of data with low costs, can be used to track the arrest of property and securities, personal identification and digital identification of legal entities, drives, arrests, convictions, offenses, property, wills, licensing, etc. The future is in fast, high-tech, high-quality and affordable justice.
31
Pratiwi, Andjeng. "Providing Legal Aid in Facing Cases for Underprivileged Communities at the Religious Courts of Semarang City." Indonesian Journal of International Clinical Legal Education 3, no. 3 (September 30, 2021): 321–38. http://dx.doi.org/10.15294/ijicle.v3i3.48271.
Full textAbstract:
This research aims to generate understanding through analysis related to legal regulations on legal aid and their application of Law 16/2011 concerning Legal Aid including several other implementing arrangements at the Semarang Religious Court. The form of the application of legal aid is implemented with the intention that people who are unable to obtain justice facilities through the implementation of legal aid by advocates. The provision of legal assistance at the Semarang Religious Court in cases of underprivileged communities has not run optimally as evidenced by advocates who handle a number of cases related to legal aid according to Law 16/2011 with a percentage of less than 10% of all cases that have been received. . The ambiguity of legal norms becomes a juridical obstacle in the regulations that have the authority to provide legal aid between Law 20/2009 on Religious Courts and Law 16/2011 on Legal Aid, namely the lack of socialization of the Law on Legal Aid. So that the impact results in the "lack of public knowledge" of legal services; lack of institutional knowledge outside the court; and the lack of coordination between courts and institutions that provide legal assistance; The limited budget available in the APBN to assist in the provision of laws is also an obstacle in handling a case if the case continues to the level of appeal, the level of cassation, and even the level of judicial review.
32
Itzcovich, Giulio. "The Interpretation of Community Law by the European Court of Justice." German Law Journal 10, no. 5 (May 1, 2009): 537–60. http://dx.doi.org/10.1017/s2071832200001218.
Full textAbstract:
In the legal literature on European integration there is a rather stereotyped tendency to constantly discover new elements of rupture with the past. In the legal domain, at every step we are confronted with some revolutionary novelty arising from European institutions and practices; on a regular basis, we face innovations which are said to mark significant developments in respect of the traditional forms of international governance as well as in respect of the traditional forms of national federalism. The vast literature on the interpretative criteria adopted by the European Court of Justice (hereafter the “ECJ”) only partially escapes this tendency. Surely the experience of European legal integration does not lack revolutionary ruptures and, also from the viewpoint of legal argumentation, it is true that the interaction between jurists coming from different legal experiences has produced some novelties: for example, an increasing hybridization and crossover effect (“Europeanisation”) between patterns of legal reasoning which are characteristic of different national legal cultures. However, this phenomenon has been largely tempered by the typically French syllogistic judicial style of ECJ's rulings. Moreover, despite the novelties identified, the literature on Community law interpretation cannot deny the apparent fact that the interpretative criteria and, more generally, the legal argumentation techniques of the ECJ are essentially the same ones which are familiar to the national legal contexts. It would be surprising if this were not the case, since the judges of the ECJ are trained within the national legal systems and the judgments of the Court are generally expected to be implemented by the national courts. Their grounds must thus be perceived as being legally sound, and not merely political or evocative.
33
Senyk, S. V. "Civil judiciary as a form of justice in civil cases." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 80–90. http://dx.doi.org/10.24144/2788-6018.2021.04.14.
Full textAbstract:
The article is devoted to the study of the main aspects of justice in the form of civil proceedings to protect violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, the interests of the state.
The article provides a scientific analysis of legislative provisions, doctrinal positions and materials of judicial practice in the context of clarifying the issues of effective restoration of the rights of interested parties by the competent national authorities, including the judiciary. In this aspect, it is emphasized that the success of harmonization of the Ukrainian legal system with the system of European standards largely depends on the values of national justice.The author supports the position that, in the administration of justice, the judiciary is independent and acts as an arbitrator in a dispute over law. The efficiency of the courts has three components: the efficiency and efficiency of dispute resolution, the validity and legality of judicial acts, ensuring the possibility of their implementation. The court is called to perform its functions guided only by law. It should not depend on the subjective influence of anyone, as interference with the administration of justice is inadmissible and results in liability under the law.At present, a national court cannot appropriate legislative or executive power. Equally, the delegation of their functions by the courts, as well as the assignment of these functions by other bodies or officials are not allowed. However, according to the author, this does not mean that in Ukraine, as in other legal systems of the Romano-Germanic type, judicial precedent cannot be an auxiliary source of law.It is concluded that civil jurisdiction is the jurisdiction of the general court to consider and resolve legal requirements referred to by law for consideration and resolution in civil proceedings, in order to effectively protect violated, unrecognized or disputed rights, freedoms or interests of interested parties.The position is substantiated that, despite the constitutional provision on extending the jurisdiction of courts to any legal dispute, the norms of special normative acts on the protection of civil rights of interested parties should be taken into account, which, in turn, indicates that judicial jurisdiction civil proceedings have their limits.
34
Poldnikov, D. Yu. "Overcoming Path Dependency of Traditional Values During the Modernization of Japan’s Legal System." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 16, 2022): 36–45. http://dx.doi.org/10.17803/2311-5998.2022.97.9.036-045.
Full textAbstract:
Comparative legal studies are still dominated by the ideological American view of successful social development only through institutions that correspond to Western standards of the rule of law. Non-Western traditional values and institutions are declared to be the cause of the stagnation of Asian and African societies in the 19th-20th centuries. Yet, the causal link between successful economic development and Western legal institutions is not clearly proven. A functional view of law in a socio-cultural context allows us to look differently at the fact of going or not going to courts in non-Western countries. This article builds on the experience of Japan’s legal modernization to examine different academic approaches to explain why the majority of Japanese refused to go to court before and after the Meiji Restoration of 1868, but changed their behavior at the turn of the 21st century. The first part of the article presents the so-called “cultural thesis” as an explanation of the main obstacle to modernization, the second part introduces alternative explanations (defects of the legal system and the role of political elites), generated by the need to explain the “legal turn” in Japan in the 1990s. The example of Japan is significant for understanding the possible obstacles to reforms of justice according to Western models in non-Western societies, including Russia.
35
Nikolic, Dusan. "Elements of judge-made law in Serbia and European Union." Zbornik Matice srpske za drustvene nauke, no. 126 (2009): 7–40. http://dx.doi.org/10.2298/zmsdn0926007n.
Full textAbstract:
Serbia has developed a legal system of state regulations of the European continental type. The majority of legally relevant relations are governed by norms in the form of laws and other general legal acts adopted by bodies of the legislative and executive branches of government. In accordance with the principle of division of power proclaimed by the constitution, courts are obliged to consistently apply general rules. Judges should apply the law, not create it. In other words, jurisprudence is not considered to be a formal source of law. However, in reality, courts have always played a much more significant role in the process of shaping the legal system. This role has ranged from a very broad interpretation of statutory rules to the creation of individual rules in order to fill legal lacunae, and even creating general legal rules. Evidence of this are the numerous examples from the history of Serbian law, which is briefly outlined in the following pages. The historical overview presents the role of courts in mediaeval Serbia, during the period of uprisings against the Turkish occupation (1804-1830), during the time of the creation of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia), and in the post-revolutionary period in socialist Yugoslavia. Particular emphasis is placed on the mixed legal system with elements of judge-made law developed on the territory of the Province of Vojvodina between the two World Wars. In the second part of the paper, the role of courts in the modern law of Serbia is discussed. In that context, mention is given to constitutional approaches, current trends and the informal influence of courts in the process of shaping the legal system. A few pages have been dedicated to the problems facing courts in Eastern European in the period of transition. This primarily relates to the implementation of the community acquis which is developing at an alarming speed with far-reaching consequences for legal, economic and social stability in many countries, as well as the European Union itself. The acceptance of high and often objective unachievable legal standards widens the gap between the normative and the actual. Legal insecurity rises, and with it, mistrust in state institutions, including the courts, which carry particular responsibility for the creation of a new legal environment. The concluding segment of the paper is devoted to the role of courts in a future European law. In that context, current trends in the European Union are presented. Special consideration is given to the broad competencies of the Court of Justice of the European Communities, which delve as far as creating legal rules. Changes taking place in Europe point to the need to reconsider traditional teachings on the division of power and redefine the position of courts.
36
Trifonov, S. G., and K. V. Trifonova. "Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development." Rossijskoe pravosudie, no. 11 (2021): 54–61. http://dx.doi.org/10.37399/issn2072-909x.2021.11.54-61.
Full textAbstract:
Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.
37
Hoffman, Katherine E. "Berber Law by French Means: Customary Courts in the Moroccan Hinterlands, 1930–1956." Comparative Studies in Society and History 52, no. 4 (October 2010): 851–80. http://dx.doi.org/10.1017/s0010417510000484.
Full textAbstract:
As the French conquered Muslim lands in their nineteenth- and early-twentieth-century quest for empire, they encountered multiple and sometimes mixed judicial systems among the native populations. In many places, legal codes were shaped by eitherfiqh, meaning Islamic law, one component of which is customary law, or by non-Islamic custom, or some combination of the two. To administer native justice in French colonies and protectorates, officials sorted through this multiplicity in order to standardize procedures, principles, and punishments. The standardization of customary law codes, whether written or oral prior to submission to themakhzan(the central Moroccan government, lit. “storehouse”) under the Protectorate, required that French officials both maintain pre-contact codes and create new institutions to administer and monitor them. Through new judicial bureaucracies, the French transformed indigenous law. Customary law was a “residual category” in the sense that it consisted of what remained after colonial powers ferreted out what they considered morally offensive and politically objectionable. Legal codification involved what Vincent calls “a compromise between those recognized as leading elements in indigenous societies and the colonial administrators who co-opted them.” Yet customary law, “if understood as allowing local people to do their own cultural ‘thing,’ should also be understood to have been a carefully restricted fragment of ‘tradition.’” This tradition when manifest as customary law “implies that there is a different kind of law with which it can be contrasted,” making customary law “the ongoing product of encounters between subordinate local political entities and dominant overarching ones.” In such encounters the distinction made between custom and law has long preoccupied legal historians, as well as anthropologists, colonial administrators, and importantly, lay people. Throughout French African colonies and protectorates, this distinction was key to the French usurpation of social institutions, as was true in British overseas territories as well.
38
Iftikar, Jon S., David Hòa Khoa Nguyn, and Tevin Byers. "6 The Attack on Critical Race Theory and Higher Education: A Legal Analysis of the Impact of State Action on Faculty Free Speech." Philosophy and Theory in Higher Education 4, no. 3 (January 1, 2022): 105–23. http://dx.doi.org/10.3726/ptihe.032022.0007.
Full textAbstract:
Abstract: In this article, the authors review proposed and passed state legislation that aim to ban Critical Race Theory and other social justice content from public higher education institutions. Using the law as the theoretical framework and legal analysis as the methodology, the authors examine these state actions, focusing on implications for higher education faculty speech and academic freedom. The authors discuss the history and current state of the law in the areas of free speech and academic freedom, including U.S. Supreme Court and other federal courts of appeal cases on how free speech in scholarship and teaching have been viewed. They also briefly discuss the legislation that states have proposed or passed which ban Critical Race Theory in higher education institutions, and end by discussing the implications such bans have on faculty free speech in scholarship and teaching. Overall, the authors detail the ways that these laws have a chilling and limiting effect on faculty speech, which in turn, have important consequences for students, institutions, and society as well.
39
Kustra, Aleksandra. "Reading the Tea Leaves: The Polish Constitutional Tribunal and the Preliminary Ruling Procedure." German Law Journal 16, no. 6 (December 2015): 1543–68. http://dx.doi.org/10.1017/s207183220002126x.
Full textAbstract:
The main purpose of the preliminary ruling procedure is to prevent divergences in judicial decisions applying European Union (EU) law and to ensure the uniform interpretation of EU legal provisions across Member States. The procedure, introduced in the Founding Treaties, has provided a platform for the Court of Justice of the European Union (hereafter, the ECJ or the CJEU) to deliver seminal judgments that have progressively defined the relationship between national and EU legal systems, among others. The procedure has also helped the ECJ to develop fundamental principles of EU law, including direct effect, indirect effect (i.e., the interpretation of national law in line with directives) and primacy. Being one of the most important aspects of the EU judicial system, the procedure provided by Article 267 of the Treaty on the Functioning of the European Union (hereafter, TFEU) has had an immense impact on the harmonious development of EU law and the way in which national courts and EU courts interact and communicate.
40
B. І., Stashkiv, and Tiutiunnyk А. V. "CONCEPT AND ESSENCE OF CONSTITUTIONAL CONTROL IN UKRAINE." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 2 (December 22, 2020): 74–83. http://dx.doi.org/10.32755/sjcriminal.2020.02.074.
Full textAbstract:
The theoretical prerequisites are analyzed in the article along with practice of the institution functioning of constitutional control. There are studies about the concepts and features of constitutional control and the relationship with the concepts of “constitutional supervision” and “constitutional justice”. The study established that constitutional control, being a specific means of protecting the Constitution, acts as a specialized mechanism, a system for ensuring the constitution as a normative legal act of higher legal force, and a kind of control as a corresponding function. The concept of constitutional control has been defined, in particular, and its definition should be understood as the power granted to the relevant body to control and, if necessary, establish the conformity or inconsistency with the Constitutional acts adopted by various public authorities, and especially the laws adopted by representative institutions. The forms of constitutional control and tendencies of their development are examined, the place of constitutional control in the modern state-legal mechanism is also determined. The content of constitutional review is determined by the nature of the bodies that exercise it. There are two main systems or models of constitutional control: “American” and “European” one. It is determined in the article that the place of constitutional control in the system of state institutions in the legal literature is due to the fact that the bodies of constitutional control are not included in any of the branches of government, they can be included in a special one, the fourth branch – which is control. The authors made a distinction between the concepts of “constitutional control” and “constitutional justice”. It was found out what is connected with the transfer of new, previously unknown powers to specialized bodies of constitutional jurisdiction. In this regard, the constitutional control carried out by the courts of special jurisdiction consists solely in assessing the compliance of an act or activity with the Fundamental Law. Key words: constitutional control, constitutional supervision, constitutional justice, forms of constitutional control, state-legal mechanism.
41
Reichert, Jenny, James T. Richardson, and Rebecca Thomas. ""Brainwashing"." International Journal for the Study of New Religions 6, no. 1 (July 30, 2015): 3–26. http://dx.doi.org/10.1558/ijsnr.v6i1.22186.
Full textAbstract:
The idea that an individual could be manipulated into performing acts “against their will” created a fear of “brainwashing” and, specifically, new religious movements (NRMs). Courts in the United States initially accepted evidence concerning “brainwashing” in cases involving NRMs, and subsequently the term has been applied in situations involving other behaviors labeled as deviant both in the U.S. and other societies. This has generated challenges for legal systems despite the inability of brainwashing-based claims to meet requirements for admissibility as scientific evidence. Brainwashingbased claims have diffused into other areas of the American legal system, including, for example, custody cases involving allegations of Parental Alienation Syndrome (PAS) as well as in cases involving terrorism. This report presents data on how brainwashing has been treated historically in American legal cases and its current uses within that justice system.
42
Mugarura, Norman. "Law as an equalizer." International Journal of Law and Management 58, no. 6 (November 14, 2016): 602–17. http://dx.doi.org/10.1108/ijlma-07-2015-0043.
Full textAbstract:
Purpose The purpose of the paper is to examine the law and how it has been utilised in fostering proper functioning of global markets within member countries and globally. The term “law” in this context refers to international law, whose primary function is to regulate activities of sovereign States and organisations created by a group of States. The Statute of the International Court of Justice 1907, which has been ratified as a treaty by all UN nations, provides the most authoritative definition of the sources of international law to date (Schachter, 1991). Under Article 38 of Statute of the International Court of Justice 1907, there four main sources of international law such as treaties, international customs, general principles of law recognised by civilised nations and judicial decisions of International Court of Justice and other internationally accepted tribunals. They are the materials and processes out of which the rules and principles regulating the international community are developed and sustained. The term “global Village” was coined by a Canadian scholar by the name of Marshall McLuhan to describe the contraction of the globe into a village because of advances in internet communication technology and increased consciousness and enhanced transport systems (McLuhan, 2003). The current “global village” is manifested by the growing interconnectedness of economies which has enhanced the ability of states to interact economically, politically and socially. It operates in a way that seems to defy common definitions such as delimitations of national borders and states. The global system has created shared synergies such as free movement of workers, capital, good and services. However, it has created varied challenges for individual states given that challenges in one part of the globe can easily navigate into the system to infest other countries including those that have nothing to do with its causes. This dichotomy is highlighted by the debt crisis in the Eurozone member countries which has been simmering since 2009 but has recently bubbled to the surface by the crisis in Greece. The challenges in Greece as well in other deeply integrated countries have not been confined within individual countries or regions but have had a domino effect farther afield due to the growing interconnectedness of economies. There are dualities in the global system manifested by the fact that developed countries are endowed with the means, and, therefore, they have requisite capacity to harness the law and markets easily as opposed to their counterparts in least developed countries (LDCs), where this leverage is non-existent. Less-developed economies are so described because they lack requisite capacity and cannot compete as efficiently as their counterpart in developed countries. This has translated into ambivalence and half-heartedness in some states attitude to embrace market discipline wholeheartedly. The foregoing challenges have been exacerbated by the tenuous legal systems, lack of robust infrastructure, oversight institutions and corruption, especially in the LDCs cohort. The paper utilises empirical data to evaluate the role of law in fostering the relationship between states and markets. In other words, are the rules governing global markets effectively working to ensure a harmonious co-existence of markets, states and various stakeholders? Can the recent global crises such as the debt crisis in Greece mean that the global village is in quandary? Is there any village that is devoid of challenges or they are part and parcel of life? The paper utilises empirical examples in both developed and developing countries to evaluate the current state of the contemporary global village in search for answers to the foregoing nagging questions. Design/methodology/approach The paper adopts a selective review approach in analysing the most appropriate materials for inclusion in its analysis. It is an empirical study based on the most recent global developments such as the global financial crisis, the debt crisis in European Union (EU) to gains insights into the interplay of the relationship between law and markets and the occasional disharmony between these two regulatory domains. Findings The issues examined in this paper provide significant insights into the dynamics of the global village, law and markets. It has delineated that for markets to work effectively, the state needs to remain in the loop and to keep an arm’s length relationship with the market because it will have to come in to pick the pieces when things go wrong. The law cannot be pushed to the sidelines because it will have to provide the instruments for states and markets to operate efficiently within their respective regulatory domain. There is no state, including North Korea (not as open as other economies in Asia), which can close its door entirely to markets. Experience has demonstrated that law is more than rules which govern societies but a way of life such that a society is as developed as is its legal system. The State needs to use the leverage of the law and to take centre stage for markets to remain viable and relevant. Recent crises such as the debt crisis in Greece or the global financial crisis before provide lessons for proponents of the global market system to learn so that it can proportionately distribute benefits and not challenges. Research limitations/implications The global market system has imposed varied challenges on states at the scale never envisaged before. Some of the theoretical premises relating to the paper were based on secondary data sources and were evaluated based on a small sample of cases. The author, therefore, extrapolated that the law seems to have been relegated to the sidelines to not interfere with markets. The paper has evaluated the current global market system in the context of contemporary challenges in Europe and in other regions; it would have been better to explore examples from other regions. It is evident that the state and the market are two sides of the same coin – they are embedded in each other, and their relationship complimentary and will have to co-exist. They need to work in tandem because the market needs the state and the state needs the market. Meanwhile, both the state and the market need the law as an equalizer to ensure they are regulated according to engendered rules. It appears that the disharmony between the state and the market is because of the fusion of law and politics which often results in overlapping interests. The recent global financial crisis and the frantic efforts of EU government to bail out debt distressed countries like Greece have implied that governments will need to maintain an arms-length relationship with markets. When the state lets its hands off, literally speaking, in the author’s view, markets will veer off course. Practical implications The global system has created shared synergies such as free movement of workers, capital, good and services. However, it has created varied challenges for individual states given that challenges in one part of the globe can easily navigate into the system to infest other countries including those that have nothing to do with its causes. States and stakeholders will need to carefully evaluate the impact of global regulatory initiatives to make sure that in adopting them, they are not debased or undermined by those initiatives. Social implications For markets to work properly, the state must remain in the loop and keep an arms-length relationship with the market because it will have to come in to pick the pieces when things go wrong. The law cannot be pushed to the sidelines because it will have to provide the instruments for states and markets to operate efficiently within their respective regulatory domain. There is no state, including North Korea (not as open as other economies in Asia), which can close its door entirely to markets. Experience has demonstrated that law is more than rules which govern societies but a way of life such that a society is as developed as is its legal system. The State needs to use the leverage of the law in providing effective regulatory oversight of markets both domestically and globally. Originality/value The paper was written on the basis of recent global crises such as the debt crisis in Greece, Europe, which were evaluated in the narrow context and are objectives of the paper.
43
ZONTOVA, Daria. "Foreign experience in regulating criminal liability for interfering in the activities of judicial bodies and institutions of justice of Ukraine." Economics. Finances. Law 9/1, no. - (September 16, 2022): 23–26. http://dx.doi.org/10.37634/efp.2022.9(1).5.
Full textAbstract:
The paper examines the peculiarities of the application of the positive experience of legislative activity of foreign countries in regulating criminal liability for interference in the activities of judicial bodies and judicial institutions of Ukraine. Various approaches to the legal regulation of criminal liability for interfering in the activities of judicial bodies (judicial authorities) are analyzed. It is stated that the criminalization of the act in the national legislation is due to a number of different factors, including the peculiarities of certain branches of law and legal culture. Тhe description of the signs of a criminal offense in a separate norm of the criminal law is not in itself a sign of its effectiveness. The fact that in the vast majority of foreign countries interference in the work of automated systems of judicial bodies and institutions of justice is carried out within the criminal law protection of the use of computers, systems and computer networks and networks or information security, does not indicate that national law considers criminal offenses against justice to be less socially dangerous.
44
Marong, Alhagi, and Chernor Jalloh. "Ending Impunity: The Case for War Crimes Trials in Liberia." African Journal of Legal Studies 1, no. 2 (2005): 53–80. http://dx.doi.org/10.1163/221097312x13397499735986.
Full textAbstract:
AbstractThis article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course of fourteen years of brutal conflict. Assuming that Liberia owes a duty to punish the grave crimes committed on its territory, the article then evaluates the options for prosecution, starting with the possible use of Liberian courts. The authors argue that Liberian courts are unable, even if willing, to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in post-conflict Liberia. The authors then examine the possibility of using international accountability mechanisms, including the International Criminal Court, an ad hoc international criminal tribunal as well as a hybrid court for Liberia. For various legal and political reasons, the authors conclude that all of these options are not viable. As an alternative, they suggest that because the Special Court for Sierra Leone has already started the accountability process for Liberia with the indictment of Charles Taylor in 2003, and given the close links between the Liberian and Sierra Leonean conflicts, the Special Court would be a more appropriate forum for international prosecutions of those who perpetrated gross humanitarian and human rights law violations in Liberia.
45
Марку, Жерар, and Zherar Marku. "A SKETCH OF THE MAIN MODELS OF ADMINISTRATIVE JUSTICE." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16130.
Full textAbstract:
Administrative justice exists in most countries as a function in the State organization. But its scope and its forms differ widely among countries, in particular as regards the place of judicial review and the powers of judges. We can sort out three main models of administrative justice, based on judicial review institutions, from historical experience and main national systems. In Europe, the European Court of Human Rights had a significant influence on the evolution of administrative justice towards more judicial oversight upon administrative bodies. The expansion of these models gave rise to a number of variants based on national and political context. The first model is the council of State, joining judicial review and advisory functions for the government. Initially an ancillary body it turned to be an independant supreme administrative court, with broad competence, including contracts and torts, while exercising further advisory functions. Another model is based on a unique administrative supreme court, with exclusive judicial review functions of a narrower scope, although some exceptions can be found where judicial review was transferred from a former council of State. A last model, probably most widespread nowadays, can be characterised as judicial review by the general supreme court. Institutionally there no dualism. The judiciary is also vested with judicial review of administrative authorities. Typical of common law countries, this organization can be found also in countries of administrative law. In reality, there is dualism as regards procedures, substantial law and the powers of judges in administrative matters. In numerous cases administrative courts are organised inside of ordinary courts. Whatever the form of administrative justice it is essential to secure the independence of judges, to give them the capacity of substantial review of administrative acts, to facilitate the access to administrative judges and to guarantee the execution of courts decisions.
46
Remač, Milan. "Coordinating Ombudsmen and the Judiciary?" Central European Public Administration Review 12, no. 2-3 (November 5, 2014): 11–29. http://dx.doi.org/10.17573/ipar.2014.2-3.a01.
Full textAbstract:
An ombudsman institution is one of the most rapidly developing institutions in modern democratic states. Ombudsmen can be characterised as individual and impartial investigators of administration and its conduct. They act as dispute resolution mechanisms between the state and individuals and sometimes also as solvers of problems of individuals. In order to assess the quality of administrative conduct they use normative standards against which they assess this conduct. However, all these matters are primarily in the hands of the judiciary. The judiciary, notably administrative courts are the most important dispute resolution mechanisms in modern states that assess the administrative conduct against certain normative standards. Thus ombudsmen and the judiciary can be often seen as institutions having relatively similar competences in a relatively similar area, despite retaining numerous differences. They both are approached by the individuals and they can express their opinions about administrative justice. This paper highlights the main findings and recommendations of a comparative legal research carried out in the area of mutual interrelations of ombudsmen and the judiciary. On the examples of three different legal systems (the Netherlands, England and the European Union) the research discusses the possibility of coordination of relations between the ombudsman and the judiciary in connection with the position of these institutions, with their jurisprudence and ombudsprudence and with normative standards they use in their work.
47
Siahaan, Hotman. "KOMPETENSI PENGADILAN NIAGA DALAM PENYELESAIAN SENGKETA BISNIS DI INDONESIA." Solusi 16, no. 3 (September 1, 2018): 274–82. http://dx.doi.org/10.36546/solusi.v16i3.130.
Full textAbstract:
In the Indonesian justice system found three (3) judicial institutions authorized to settle economic disputes, the District Court, Commercial Court and the Court of Religion. With the presence of the three courts that settle economics disputes, it can also be compared the advantages and disadvantages from each judiciary in the resolution of economic disputes.Assessment implemented through legislation approach as normative legal research which is equipped with study of the principles of law, systematic legal, comparative law, and history of law.This paper find that the settlement of economics disputes through the Commercial Court is superior compared to the other court. Unfortunately, business dispute settlemet authority for the Commercial Court is still limited to bankruptcy issues and delays payment of debt obligations as well as certain disputes in the field of intellectual property rights. Considering the excellence of the Commercial Court in the resolution of economic disputes, it is better to extend the authority of the Commercial Court, including in the areas of tort and breach of contract for other business disputes.
48
Ershov, Valentin V., and Vladimir V. Kulakov. "Digital Legal Relations – Modern Reality." Rossijskoe pravosudie, S1 (October 5, 2022): 8–15. http://dx.doi.org/10.37399/issn2072-909x.2022.si.8-15.
Full textAbstract:
The article substantiates the appeal of the authors of the special issue of the journal dedicated to the 100th anniversary of the Supreme Court of the Russian Federation to the topic of special legal relations formed under the influence of the implementation of digital technology in all spheres of government. The authors review areas of use by public authorities, including the judiciary, information and digital technologies, national legal acts intended to facilitate the effective development of the digital economy. In connection with the 100th anniversary of the key role of the judicial system of Russia in the protection of constitutional rights and freedoms of the individual, ensuring the realization of state interests, the article defines the stages of development of the Supreme Court of the Russian Federation, and also emphasizes the importance of giving it the status of “the highest judicial body” by the Russian Constitution in its new version. The authors analyze the stages of the ongoing judicial reform, fundamental changes aimed at improving the judicial system and proceedings, including the impact of digital technologies: filing statements and necessary documents online, conducting court sessions using video-conferencing systems, sending electronic notices to participants of judicial proceedings by the courts and much more. All this demonstrates that the Supreme Court of the Russian Federation supports and implements the concept of digitalization of court proceedings, various aspects of which are covered in the publication prepared by the scientists of the Russian State University of Justice.
49
SADAT, LEILA. "Transjudicial Dialogue and the Rwandan Genocide: Aspects of Antagonism and Complementarity." Leiden Journal of International Law 22, no. 3 (September 2009): 543–62. http://dx.doi.org/10.1017/s0922156509990082.
Full textAbstract:
AbstractThe Rwandan genocide remains one of the most horrific atrocities of the twentieth century, resulting in the death of an estimated 500–800,000 human beings, massacred over a 100-day period. In the fourteen years since the genocide, attempts at justice and reconciliation in Rwanda have involved a delicate interplay between national legal systems and the international legal order. This article examines three fora in which Rwandans have been tried for involvement in the genocide: the International Criminal Tribunal for Rwanda, Rwandan courts including Gacaca tribunals, and French attempts to exercise universal jurisdiction. Using Rwanda as a case study, the article illustrates the issues, concerns, and difficulties that arise when multiple jurisdictions assert a right to exercise criminal jurisdiction over the perpetrators of serious atrocity crimes. Beginning with a discussion of the political context, this article considers what the competing narratives and litigation in various fora have meant for the project of international and transnational criminal justice. Cases involving the commission of atrocities pose unique challenges for the international legal order. As the normative structure of international criminal law has arguably been strengthened, political constraints increasingly come to the fore. As illustrated by Rwanda, universal jurisdiction or other bases of jurisdiction may remain necessary vehicles for justice and reconciliation, or, at the very least, they may serve as a catalyst for change in Rwanda itself.
50
Evdokimov, Vyacheslav, and Alexey Ushakov. "The Transformation of the Constitutional Control Institute in the Political and Legal Space of Russia." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 3 (July 2019): 158–69. http://dx.doi.org/10.15688/jvolsu4.2019.3.14.
Full textAbstract:
Introduction. The article presents the author’s interpretation of the process of constitutional control institutionalization in Russia. The paper highlights the dominant factors and main vectors of the constitutional control transformation in the context of modernizing the political and legal systems of the Russian Federation. The authors pay a particular attention to the specifics of the Constitutional Court of the Russian Federation functioning in the current system of separation of powers and upholding the sovereignty of the Russian state in the context of contradictory modern processes of political globalization. Methodology and methods. The theoretical and methodological base of the work includes theses of Russian and foreign scientistsconstitutionalists A. Medushevskiy, V.E. Chirkin, L. Fridman, F. Luscher. The theories of political modernization and globalization (A.Yu. Melvil, S. Lantsov, S. Eisenstadt, S. Huntington, I. Wallerstein, Z. Bauman) were used to analyze the functional specificity of constitutional control institute activities in the conditions of forming a global and regional “risk society”, and a new Russian state after the Soviet Union collapse. The empirical base of the study was the following: the Constitution of the Russian Federation; Constitutional and Federal laws of the Russian Federation, other legal documents regulating the activities of state authorities and administration; periodical materials; research results of the leading sociological centers – Russian Public Opinion Research Center (VTsIOM), Levada-Center. Analysis. The stages of forming the constitutional control institution and its transformation should be considered in the context of modernizing the Russian state, its political and legal systems. At the same time, the inconsistency of the statist model of political modernization in Russia has a significant impact on modern institutional reinforcement and the practice of implementing the principle of separation of powers, including the political and legal status of the Constitutional Court of the Russian Federation. The escalation of internal and external risks and threats to the Russian society and state objectively defines a number of restrictions to the comprehensive disclosure of the constitutional justice political potential. Discussion. The main discussion dominants in analysing factors and directions of the constitutional control institute transformation in modern Russia are the following: the degree of rootedness of constitutionalism principles and constitutional values in the public consciousness of Russian citizens, and first of all among the ruling elite; the effectiveness of implementing constitutional control in comparison with other types of control – public, civil, parliamentary, etc.; the indicators of performance of the Constitutional Court of the Russian Federation to strengthen Russia as a legal, democratic state while ensuring stable and safe development of the national society. Results. The article highlights the main stages of the constitutional control institutionalization in the national history. The interrelation of modernization transformations of Russian society and the state with formation and functioning of the Constitutional Court of the Russian Federation is traced. The paper presents the dominant vectors of the constitutional control institute transformation in the Russian political and legal space, taking into account real and potential risks and threats in the personality-society-state system.