Academic literature on the topic 'Specialized judge'

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Journal articles on the topic "Specialized judge":

1

Shunko, M. G. "Administrative and legal characteristics of the place and role of a judge of the Higher specialized court." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 228–31. http://dx.doi.org/10.24144/2788-6018.2021.04.40.

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One of the aspects of the implementation of judicial reform in Ukraine was the establishment of the High Specialized Courts, which were to ensure the administration of objective justice in important areas, including combating corruption and combating intellectual property offenses. In this context, it is important to determine not only the role and place of these judges in the judicial system of Ukraine in general, but also to provide administrative and legal characteristics of the place and role of judges of higher specialized courts in particular. The purpose of the article is the administrative and legal characteristics of the place and role of a judge of the higher specialized court. According to the principle of separation of powers, all three branches must be independent of each other. Concentration of power in a state body or person can lead to the seizure of power. The judiciary is the most reliable and civilized way to protect human rights and civil rights and freedoms, and judicial protection of human rights and freedoms is the most democratic and appropriate way to consider the facts and causes of various disputes and establish the truth in pending cases. As for the role of the judge directly in the process, the judge considers the case within the established procedural norms. Everything is based on the legal basis, and the judge is in fact the observer of the process, a person who, in accordance with the law, strictly adheres to all procedural norms. It is concluded that the role of a judge of the High Specialized Court is more important than the role of a judge of a court of general jurisdiction, as evidenced by additional requirements for candidates for a judge of a special court and the importance of requirements for highly specialized judges in general.
2

Petryakova, Antonina V. "Institution of Investigating Judges: Genesis and Transformation of the Legal Model." Ugolovnaya yustitsiya, no. 18 (2022): 58–64. http://dx.doi.org/10.17223/23088451/18/10.

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The judicial reform in Russia goes on and many provisions of the Concept of Judicial Reform of 1991 have been implemented. However, the institutions of investigating and penitentiary judges, provided by the Concept as a specialization of justices of the peace, have not yet been introduced. Academic and public discussion about the institution of investigative judges has intensified since 2014. Nowadays, there are several procedural models of this legal institution. However, the legal status of the investigating judge appears to be insufficiently developed. Using comparative and formal legal methods of research, the author examines the legal experience of postSoviet states that declare the formation of the institution of investigating judges in their judicial system to conclude that an investigating judge in many states has become a participant in criminal proceedings, but the institution of investigative judges has not been segregated into a separate judicial body, so the legal status of the investigating judge has not formed. In this regard, the author examines the institution of investigative judges of the Republic of Kazakhstan, in which it has undergone a significant transformation: from an investigating judge as a procedural figure to separate specialized investigative courts. Having studied the experience and recommendations of international expert organizations, the Republic of Kazakhstan is developing the idea of the institution of investigating judges in some possible perspective directions: finalization of the legal status of a judge of a specialized investigative court, harmonization of judicial and procedural legislation. Projecting the Kazakh model of a specialized investigative court onto the Russian judicial system, it is proposed to introduce specialized investigative courts in the Russian Federation with functionality that predominantly involves the exercise of judicial control functions. At the same time, the author notes that judicial control takes place both at the pre-trial stages of criminal proceedings and at the stage of execution of the judicial verdict. In this regard, it seems expedient to further build up the competence of a specialized investigative court and, on its basis, create a specialized investigative and penitentiary court, which in the future can become the basis for the formation of a national human rights court, the creation of which was proposed at a meeting of President of the Russian Federation V.V. Putin with members of the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, held in December 2020.
3

Đerđa, Dario, and Boris Ljubanović. "Vladavina prava i legitimnost upravnih sudaca." Zbornik radova Pravnog fakulteta u Splitu 56, no. 1 (February 26, 2019): 125–56. http://dx.doi.org/10.31141/zrpfs.2019.56.131.125.

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The way in which the Republic of Croatia founds the legitimacy of judiciary duties and thereby enhances the rule of law is analyzed in this paper. It is aimed in particular at the legitimacy of administrative judges upon resolving administrative disputes and passing judgements. To this aim, the independence of administrative judges is considered as well as the mechanisms to which the independence of judicial powers contribute. Then, the way judges are appointed is analyzed, which results in whether citizens can trust the judges’ expertise and moral values. Also analyzed is the mechanism for establishing the expertise of judges through evaluating judges' implementation of duties. Finally, the legitimacy of administrative judges' decisions is also considered through the composition of the court in first instance administrative judicial decisions and through the trust given by citizens in the resolution of administrative disputes according to the individual judge. How administrative court judges in the Republic of Croatia are appointed and assessed in the same way as judges of other regular or specialized courts and how the question of independent implementation of judicial duties correlates regardless of the court wherein the judge is appointed for judicial duty make up a large part of the conclusions related to all judges in the Republic of Croatia. This paper therefore in some way exceeds the very problem area of rule of law and administrative judge legitimacy.
4

Engel, David M. "Judging and Judgment in Contemporary Asia: Editor’s Introduction to this Special Issue." Asian Journal of Law and Society 8, no. 2 (June 2021): 199–205. http://dx.doi.org/10.1017/als.2020.25.

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AbstractAlthough the figure of the wise judge may be a universal trope, respect is not automatically accorded every person who passes judgment on another. To be perceived as legitimate, judges must occupy an institutional status with the power to decide controverted cases and must have access to specialized or even sacred knowledge and moral authority. Historically, Asian judges could claim legitimacy through their connection to transcendent legal principles, such as dhamma or dao or shari’a. In contemporary Asia, however, conceptions of law and legal legitimacy have become pluralistic, contested, and contradictory. Judges may to some extent retain a connection to the sacred and the transcendent, yet that connection is no longer sufficient in itself to insulate their judgments—or their character—from criticism. How, then, can the “good judge” be distinguished from judges who fall short of the mark? In this Special Issue, five distinguished scholars explore the crisis of legitimation as it affects judging and judgment in Sri Lanka, India, China, Indonesia, and Thailand.
5

Kadiraliyev, Saddam, and Tashkent State University of Law Gulmurodov. "THE INVESTIGATIVE JUDGE IS A NEW INSTITUTE IN THE CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN." CRIMINOLOGY AND CRIMINAL JUSTICE 3, no. 4 (December 21, 2023): 28–39. http://dx.doi.org/10.51788/tsul.ccj.3.4./xtcg9375.

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In this article, the legal status of the investigating judge, the history of the origin and stages of development of the investigating judge institution, and the importance and specific features of the investigating judge institution in the criminal process are explained. With the decision No. 300 of the President of the Republic of Uzbekistan, “On measures to implement the strategy of Uzbekistan – 2030 in 2023 in a high-quality and timely manner” until the end of 2024, rapid search and investigative actions It is established that the procedure for consideration of the issue of sanctions by individual judges—investigative judges—is established, and the powers of the investigating judge are widened based on the principle of not only sanctioning quick searches and investigative actions but also exercising judicial control at the stage of bringing the case to court in the criminal process. The issues of definition are touched upon in the framework. In particular, with the introduction of this institution, the issues of providing the opportunity to conduct the activities of the parties on the basis of equality and controversy in proceedings before the court, as well as the possibility of increasing the procedural status of the defense side by eliminating the dominant position of the prosecution side, were discussed. The opinions of legal scholars about the institution of investigating judge were analyzed. In this regard, the experience of the countries of Kazakhstan, Georgia, Moldova, Estonia, and the Institute of Investigative judge, introduced in the criminal proceedings of the Kyrgyz Republic since 2019, was studied as one of the main research objects. In the criminal procedural legislation of the Republic of Uzbekistan, relevant proposals were made regarding the determination of the legal status of the investigating judge, the principle of judicial control in criminal proceedings, and the formation of a corps of specialized investigative judges.
6

Casadevall, Arturo, and Ferric C. Fang. "Specialized Science." Infection and Immunity 82, no. 4 (January 13, 2014): 1355–60. http://dx.doi.org/10.1128/iai.01530-13.

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ABSTRACTAs the body of scientific knowledge in a discipline increases, there is pressure for specialization. Fields spawn subfields that then become entities in themselves that promote further specialization. The process by which scientists join specialized groups has remarkable similarities to the guild system of the middle ages. The advantages of specialization of science include efficiency, the establishment of normative standards, and the potential for greater rigor in experimental research. However, specialization also carries risks of monopoly, monotony, and isolation. The current tendency to judge scientific work by the impact factor of the journal in which it is published may have roots in overspecialization, as scientists are less able to critically evaluate work outside their field than before. Scientists in particular define themselves through group identity and adopt practices that conform to the expectations and dynamics of such groups. As part of our continuing analysis of issues confronting contemporary science, we analyze the emergence and consequences of specialization in science, with a particular emphasis on microbiology, a field highly vulnerable to balkanization along microbial phylogenetic boundaries, and suggest that specialization carries significant costs. We propose measures to mitigate the detrimental effects of scientific specialism.
7

Dolynska, Maria, and Alyona Dutko. "Comparative Analysis of the Requirements for Candidates for the Position of a Judge in Ukraine and the Republic of Poland." Teka Komisji Prawniczej PAN Oddział w Lublinie 15, no. 2 (December 31, 2022): 85–94. http://dx.doi.org/10.32084/tkp.5125.

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Qualification requirements for candidates for the position of judges are a system of requirements and conditions for admission to the position of a judge and a kind of guarantor of high-quality justice, high moral and professional level of holders of judicial power. Usually, the system of general requirements for candidates for the position of judge in different states is represented by the criteria of citizenship, higher legal education, minimum or maximum age requirements, practical work experience, high business and professional qualities. The system of special requirements differs in aspects of specialized judicial training or completion of the required internship. In the article, the authors conclude that today it is necessary to improve the system of selection of judicial personnel in Ukraine.
8

Osoianu, Tudor, and Dinu Ostavciuc. "Judicial control of criminal prosecution in the second degree of jurisdiction – controversies and regulatory opportunities." Journal of the National Institute of Justice, no. 1(64) (May 2023): 37–41. http://dx.doi.org/10.52277/1857-2405.2023.1(64).06.

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The authors operate theoretical interpretations of the rules of procedure applied by the investigating judges, as well as by the courts that exercise judicial control of the criminal investigation in the second degree of jurisdiction. The judicial control of the prejudicial procedure is carried out not only by the investigating judge, but also by the judges of the specialized panels of the appeal courts, who examine the appeals filed against the decisions of the investigating judges in the cases provided for by law. It was equally sought to ensure the balance between the general public interest of effective investigation of crimes, on the one hand, and on the other hand, the respect of the fundamental rights and freedoms of all persons, who were willingly/nolently brought into the sphere of criminal justice. It is opted for the revision of the procedure of judicial control of the criminal prosecution primarily through legislation. In this sense, it is proposed that a separate article regulates the written rule procedure for examining the appeal on all conclusions pronounced by the investigating judge during the investigation, apart from those expressly indicated in art. 311 CPC.
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Sartono, Sartono, Tumanggor Tumanggor, Sri Soemantri, Wiratni Ahmadi, and Satya Arinanto. "The Independence Judge Verdict in Tax Dispute Resolution." Southeast Asia Law Journal 1, no. 1 (August 19, 2017): 45. http://dx.doi.org/10.31479/salj.v1i1.6.

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<p align="justify">Tax tribunal as a specialized court exercising judicial powers to investigate and adjudicate tax disputes still using a system of dualism coaching, because until now there has been no revision or amendment of Law No. 2 of 2002 on the Tax tribunal. Independence and freedom of the Tax tribunal judge in deciding tax disputes must uphold justice, and not subject to and bound by any party. This research using theory of Justice based on the Pancasila. Grand Theory, theory of the State of Law as the Middle Range Theory and an Independent Judicial Power Theory. Applied Theory. This research was conducted using a normative juridical. Based on the research results show that the Tax tribunal judge in examining and deciding tax disputes has been carrying out its obligations which reflect the independence and the independence of judges and impartially and has fulfilled the principles of independent judicial power, in accordance with the provisions of Article 24 of the 1945 Constitution.</p>
10

Johansen, Louise Victoria. "Fra novice til oldtimer – domsmandsrollen som læringsproces." Nordisk Tidsskrift for Kriminalvidenskab 104, no. 3 (November 26, 2017): 241–58. http://dx.doi.org/10.7146/ntfk.v104i3.115049.

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Jury systems rest on the notion that not only specialized judges, but also “ordinary” people should judge defendants. Lay judges are supposed to contribute with their mundane, common sense, untouched by legal reasoning and knowledge.These ideals are also prevalent in Denmark. However, Danish lay judges are appointed for a four-year period and may even serve several periods. The present paper analyses how the repeated participation of newly appointed lay judges in Danish criminal cases changes the way they perceive their own role, as well as their perception of what constitutes relevant knowledge in a case. Over time, there is a tendency to learn and apply a way of reasoning that is closer to the court and its codes than it is to their own everyday life. In this way, the nature of their participation as “lay judges” is challenged.

Dissertations / Theses on the topic "Specialized judge":

1

Bivaud, Yann. "Les fonctions du juge de l'expropriation en droit francais. Vers l'instauration d'un juge foncier specialise." Nantes, 1989. http://www.theses.fr/1989NANT4003.

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La juridiction de l'expropriation est en droit francais une institution en mutation. Chargee traditionnellement en matiere d'expropriation de transferer la propriete et de fixer l'indemnite de depossession, en vertu du principe suivant lequel le juge judiciaire est le gardien de la propriete privee, cette juridiction est en pleine evolution. Le juge de l'expropriation competent desormais en matiere d'urbanisme, dans des domaines etrangers a l'expropriation, a par ailleurs confirme son role d'expert foncier. Aujourd'hui le juge de l'expropriation n'est plus seulement un gardien de la propriete privee, c'est avant tout un expert foncier
The juridiction of expropriation according to french law is an institution which is undergoing changes. Traditionaly entrusted with the transfer of property in the case of expropriation and to calculate the amount of indemnity of disposession, in virtue of the principle by which the magistrate is the gardians of private property, this juridiction is undergoing total evolution. The competent expropriation judge in matters of town planning, in domains outside expropriation cases, has moreover confirmed his role as an expert on real estate. Nowadays, the expropriation judge is not only a gardian of private property, he is above all an expert on real estate
2

Djedje, Zako Jean-Marie. "La dualité juridictionnelle en Afrique subsaharienne francophone : analyse d'un modèle importé à partir des exemples burkinabè, gabonais, ivoirien et sénégalais." Electronic Thesis or Diss., Université de Lille (2022-....), 2022. https://pepite-depot.univ-lille.fr/ToutIDP/EDSJPG/2022/2022ULILD004.pdf.

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Les balbutiements des États africains subsahariens francophones autour de l'organisation de leurs justices administratives respectives révèlent la réalité d'un processus d'importation du modèle français mal maitrisé. Si le procès de la dualité juridictionnelle peut ainsi être ouvert sur cet espace, il ne saurait aboutir à sa condamnation systématique. La spécificité de plus en plus poussée du contentieux des collectivités territoriales, de l‟urbanisme, de la question de l‟environnement de même que l'exposition du bien commun en Afrique à cette sorte d‟« invasion » des investisseurs et puissances extérieures ne commandent plus la seule spécialisation de la juridiction administrative. Son indépendance et son autonomie sont désormais indispensables pour saisir pleinement ces enjeux nouveaux ou renouvelés. Il faut néanmoins distinguer ce que le modèle français importé comporte d'incompatibles avec l'encadrement efficace de l'action administrative en Afrique francophone et l'ineffectivité des réformes instituant ce modèle. En clair, les enjeux, le contexte et l'environnement de réception de la dualité juridictionnelle en Afrique francophone doivent être réexaminés, réévalués afin de créer une justice administrative à la fois fidèle à des principes indispensables à son effectivité et proche des contingences sociologiques de son nouveau milieu
Between the rejections, the partial implementation and aborted implementation, the reforms regulating the juridic duality illustrate the feeling that they do not function well but as purely symbolic or, somehow, as they indicate a process not grasped well. Accordingly, the transition from monism to juridic duality does not lead to a serious development of the administrative issue qualitatively and quantitatively in the francophone African countries. Presumably, if the process of duality can be accommodated, it would not lead to its systematic condemnation. The increasing uniqueness of the collectivities' territorial issues, the urbanism, the environmental issues as well as the attraction of African wealth leading to a kind of “scramble” of investors and powerful stranger forces do not ask for the only specialization of the administrative jurisdiction. Its independence and autonomy are now necessary in order to fully meet the new and renewed challenges. Nevertheless, we must distinguish the incompatible properties in the French imported model from the efficient coaching of the administrative action in francophone Africa and the incongruences of the reforms regulating this model. Briefly, the scope, the context and the accommodating environment of the juridic duality should be re-examined, reassessed in order to create an administrative law both faithful to the principles useful to its efficiency and reflecting the sociological features of new area
3

Alphonse, Katiuscia. "L'évolution du droit pénal des mineurs délinquants en Haïti." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0006.

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La construction du droit pénal des mineurs délinquants en Haïti a débuté avec le Code pénal de 1826, avant d’évoluer considérablement au XXe siècle. La loi du 16 juillet 1952 va marquer une première étape importante dans le traitement spécifique de la délinquance des mineurs. La loi du 7 septembre 1961 sur le mineur en face de la loi pénale et des tribunaux spéciaux pour enfants, s’inspirant de l’ordonnance française n° 45-174 du 2 février 1945 va ensuite mettre en place ce qui peut être décrit comme un véritable code fondamental de la minorité pénale, démontrant sans conteste la spécificité du droit pénal des mineurs. Cette affirmation d’une réponse pénale spécifique à la délinquance des mineurs, confirmée par l’avant projet du nouveau Code pénal de 2015, caractérise l’évolution du droit pénal des mineurs en Haïti. L’évolution du droit substantiel des mineurs délinquant se caractérise par la mise en place d’une réponse pénale spécifique. Sa spécificité s’affirme tant au niveau des conditions de sa mise en œuvre, à travers les règles de la responsabilité pénale des mineurs, que dans sa nature même, marquée par un objectif éducatif incontestable tout en conservant en parallèle un aspect répressif certain. Au niveau processuel, l’émergence d’une justice pénale des mineurs spécifique en Haïti se traduit par une adaptation des institutions, notamment par la création de juridictions spécifiques, et par l’élaboration de procédures adaptées
The construction of the criminal law of the juvenile offenders in Haiti began with the penal code of 1826, before evolving considerably in the 20th century. The law of July 16, 1952 will mark an important first step in the treatment of the juvenile delinquency. The Act of 7 September 1961 on minors facing criminal charges, inspired by the French ordinance No. 45-174 of 2 february 1945 will then establish what can be described as a real fundamental code of juvenile law, unquestionably demonstrating the specificity of the penal law of the minors. This affirmation of a specific criminal response to juvenile delinquency, confirmed by the preliminary draft of the new penal code of 2015, characterizes the evolution of juvenile justice in Haiti. The evolution of the substantive law of the juvenile delinquent is characterized by the implementation of a specific law response. Its specificity is asserted both in terms of its implementation, through the rules of the criminal responsibility of minors, and in its very nature, marked by a compelling educational goal while maintaining in parallel a certain repressive aspect. At the level of procedural, the emergence of a specific juvenile law in Haiti translates by an adaptation of institutions, especially through the establishment of specific jurisdictions, and the development of procedures that were adapted
4

Pinho, Joana Filipa Simões. "Treino especializado ou integrado? O efeito da variabilidade no karate." Master's thesis, 2016. http://hdl.handle.net/10400.5/10812.

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Este estudo analisou o efeito da variabilidade no karate pretendendo: 1) obter e comparar dados cinéticos e cinemáticos, do mawashi geri, em adultos e crianças de dois grupos que treinam com diferentes percentagens de treino especializado e integrado, identificando possíveis diferenças entre eles; 2) obter uma avaliação de cada criança, por parte de árbitros nacionais, de modo a comparar os resultados dessa avaliação com o desempenho laboratorial; avaliando também o grau de concordância dos árbitros para diferentes parâmetros, e 3) encontrar possíveis argumentos para suportar as decisões metodológicas e competitivas nacionais. Os resultados encontrados mostram que: 1) existem diferenças significativas, em alguns músculos, nas variáveis cinéticas analisadas, para os 3 grupos; 2) o grupo de treino integrado apresenta um tempo de execução significativamente superior; 3) o grupo de treino integrado apresenta maior coeficiente de variação dos resultados das variáveis cinéticas, embora a tendência para maior variabilidade neste grupo não seja significativa; 4) o ponto de visualização da tarefa não afecta a classificação dos árbitros; 5) o grau de concordância dos árbitros varia entre discordância, concordância pobre e concordância excelente, consoante os parâmetros avaliados; 6) a variabilidade do treino não influenciou as classificações atribuídas às crianças; e 7) não se observou correlação entre as variáveis recolhidas em laboratório e as classificações atribuídas pelos árbitros. Sugere-se que estudos com maior amostra, e com maior discrepância entre as metodologias aplicadas sejam realizados para confirmar os resultados.
This study analyzed the effect of the variability in karate aiming to: 1) obtain and compare kinetic and kinematic data of the mawashi geri in adults and two groups of children, training with different percentages of specialized and integrated training, in order to identify possible differences between them; 2) obtain an evaluation of each child, by national judges, in order to compare the results of this assessment with the laboratory performance; also evaluating the degree of concordance of the referees for different parameters, and 3) find possible arguments to support the methodological and competitive national decisions. The results show that: 1) there are significant differences in the analyzed kinetic variables of some muscles, for the 3 groups of participants; 2) the integrated training group exhibits a significantly higher execution; 3) the integrated training group presents greater coefficients of variation regarding the kinetic variables; however, the trend for greater variability in this group does not reach significancy; 4) the viewing point does not affect the classification given by the judges; 5) the degree of agreement between the judges ranges from disagreement, to poor and excellent agreements, depending on the parameters evaluated; 6) the variability of training did not influence the children’s classification; and 7) there was no correlation between the variables collected in the laboratory and the classifications given by the judges. It is suggested that studies with larger samples and with greater discrepancy between the training methodologies should be carried out to confirm the results.

Books on the topic "Specialized judge":

1

Baturina, Evgeniya. Judicial economic expertise. ru: INFRA-M Academic Publishing LLC., 2023. http://dx.doi.org/10.12737/1910863.

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The textbook was developed on the basis of the course program "Forensic economic expertise" in accordance with the federal state educational standard of higher education (specialty) specialty 38.05.01 "Economic security". The textbook systematizes the theoretical and legal foundations of forensic economic expertise, as well as practical aspects of conducting expert research and drawing up an expert economist's opinion; presents methods for conducting expert examinations; analyzes educational examples and non-standard situations related to the preparation of appropriate analytical tables, substantiation of conclusions on specific issues, depending on the expert tasks set. It is intended to ensure the educational process in the discipline "Forensic economic expertise", can be used as part of the training of scientific and pedagogical personnel. The conclusions drawn and the results obtained can be used in professional activities by state and non-state judicial experts, other participants in administrative, civil, arbitration and criminal proceedings, courts and judges in court proceedings, as well as employees of specialized departments of the Ministry of Internal Affairs of the Russian Federation in the investigation of economic crimes.
2

Solov'ev, Andrey. Latin American models of organization and functioning of the judicial community. The Argentine Republic and the United Mexican States. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1080626.

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In this publication, the author continues a comparative legal study of the problems of organization and functioning of the judicial community of foreign countries: the Argentine Republic (at the Federal level and at the level of Federal subjects), as well as the United Mexican States. The Appendix contains the author's translations of the current versions Of the law of the Argentine Republic "on the Council of magistracy" and title 6 "governing bodies of the judicial system of the Federation" of the Organic law of the United Mexican States "on the Federal judiciary". It is intended for researchers, teachers, postgraduates, undergraduates and law students who specialize in the theory of law and the state, constitutional, administrative, civil procedure law, as well as problems of the judiciary. It can also be useful for persons involved in law-making activities, judges, employees of the judicial system, lawyers, practicing lawyers, managers and employees of state and local government bodies, as well as for anyone interested in this range of issues.
3

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part I General Principles, 2 The Conflict of Laws in Commercial Transactions. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0003.

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Chapter 2 examines the relationship between transnational commercial law (in the sense of harmonised substantive law) and that body of rules determining the applicable domestic law in the absence of any such ‘uniform law’. The conflict-of-laws rules, too, are either national (be it codified, be it judge-made or common law) or transnational, such as the relevant EU Regulations or conventions prepared, for example, under the auspices of the Hague Conference on Private International Law or CIDIP, the specialized body of the Organization of American States. The chapter discusses the most important connecting factors (party autonomy, characteristic performance, lex situs, etc) as well as general concepts, such as ‘public policy’, ‘internationally mandatory rules’, etc. Finally, it addresses the question whether with the increasing numbers of ‘uniform’ law instruments the conflict of laws may ever become superfluous.
4

Bejarano-Aguado, Gustavo Adolfo, Juan Camilo Carvajal-Builes, Carolina Gutiérrez de Piñeres, José Raúl Jiménez-Molina, and Luis Orlando Jiménez Ardila. Psicología jurídica aplicada-segunda edición. Edited by Luis Orlando Jiménez Ardila and Ever José López Cantero. Editorial Universidad Católica de Colombia, 2021. http://dx.doi.org/10.14718/9789585133716.2021.

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This academic text presents some specific implementations related to the field of legal psychology. This specialized knowledge has the aim of studying cognitive, emotional and affective processes which explain legal behaviors in people who are involved with the legal system. The intention of this work was to incorporate different topics regarding the theoretical and epistemological foundations of criminal psychology. Femicide behavior from a psycholegal approach; the sense of community theory previously observed in a prison; and, a review on the quality of the methodology applied to testimonial psychology by analyzing psychophysical aspects of deceiving. All of it to present the technical and conceptual elements applied to criminal contexts to a reader who could be either a psychologist, attorney, policeman, judge, prosecutor, researcher of human behavior, or an undergraduate or graduated student. For them to understand that the forensic field is not only useful to public servants in law. Thus, with this work it is expected to contribute to a better understanding of this discipline not only to experts but also to novice in the field.
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von Bernstorff, Jochen. Specialized Courts and Tribunals as the Guardians of International Law? The Nature and Function of Judicial Interpretation in Kelsen and Schmitt. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198816423.003.0002.

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Jochen von Bernstorff identifies the several roles and functions of international courts and tribunals (ICs) from the perspective of Hans Kelsen’s and Carl Schmitt’s accounts of international law. Kelsen saw the international judiciary with compulsory adjudication and de facto law-making authority as the key to a future peaceful world order. This would not require a world legislator. He also held that judges had considerable freedom in their interpretation and application of international law. Schmitt agreed that courts have a central law-making function, and also that judges are subject to few interpretative constraints. But Kelsen and Schmitt were not writing with today’s sector-specific international courts in mind. Much current concerns about the legitimacy of ICs can be traced back to tensions with what could be claimed to represent a global judicial imperialism. Von Bernstorff warns against sectorial colonization in the sense that the specialized ICs take control over non-judicialized sectors.
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Clapham, Andrew. 7. Food, education, health, housing, and work. Oxford University Press, 2015. http://dx.doi.org/10.1093/actrade/9780198706168.003.0007.

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‘Human rights’ covers not only civil and political rights such as freedom from torture, slavery, and arbitrary detention, but also economic, social, and cultural rights. Everyone has the right to a standard of living adequate for their health and well-being and the right to security. ‘Food, education, health, housing, and work’ considers these rights in turn, examining their place in a wider view of human rights, and the appropriate mechanisms for their enforcement. A main concern is that economic and social policy is best determined by policy makers who are democratically accountable, and not by unelected judges with no specialized knowledge of how to prioritize the distribution of limited resources.
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Morrow, James D. The Interaction of Theory and Data. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.334.

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Theory shapes how data is collected and analyzed in at least three ways. Theoretical concepts inform how we collect data because data attempt to capture and reflect those concepts. Theory provides testable hypotheses that direct our research. Theory also helps us draw conclusions from the results of empirical research. Meanwhile, research using quantitative methods seeks to be rigorous and reproducible. Mathematical models develop the logic of a theory carefully, while statistical methods help us judge whether the evidence matches the expectations of our theories. Quantitative scholars tend to specialize in one approach or the other. The interaction of theory and data for them thus concerns how models and statistical analysis draw on and respond to one another. In the abstract, they work together seamlessly to advance scientific understanding. In practice, however, there are many places and ways this abstract process can stumble. These difficulties are not unique to rigorous methods; they confront any attempt to reconcile causal arguments with reality. Rigorous methods help by making the issues clear and forcing us to confront them. Furthermore, these methods do not ensure arguments or empirical judgments are correct; they only make it easier for us to agree among ourselves when they do.

Book chapters on the topic "Specialized judge":

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Quisumbing, Agnes, Ruth Meinzen-Dick, and Hazel Malapit. "Measuring Women’s Empowerment and Gender Equality Through the Lens of Induced Innovation." In Emerging-Economy State and International Policy Studies, 343–55. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-5542-6_25.

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AbstractUsing the lens of the theory of induced innovation, we reflect on the development of metrics for women’s empowerment and gender equality. The Women’s Empowerment in Agriculture Index (WEAI), launched in 2012, was used to monitor women’s inclusion in agricultural sector growth. Demand by WEAI users and the supply of tools and methods from researchers shaped the ongoing evolution of the tool to a shorter version and to another that reflected what agricultural development projects deemed meaningful to judge project success. Eventual modifications reflected user demand: a greater interest in market inclusion and value chains stimulated the development of specialized modules for market inclusion. WEAI-related metrics have demonstrated the importance of women’s empowerment for development outcomes, helping governments and civil society organizations design and implement gender-sensitive agricultural development programs. Finally, the adoption of SDG5 on women’s empowerment and gender equality created a demand for a measure of women’s empowerment for use by national statistical systems. Whether such a metric will be adopted globally will depend on the demand from, and utility to, stakeholders as well as existing capacity, capacity-building efforts, a belief in the intrinsic value of women’s empowerment, and the commitment of resources to attaining this goal.
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Feld, Barry C. "Punishment, Treatment, and the Juvenile Court Sentencing Delinquents." In Bad Kids, 245–86. Oxford University PressNew York, NY, 1999. http://dx.doi.org/10.1093/oso/9780195097870.003.0008.

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Abstract The Progressives envisioned a more encompassing justice system for youths than a criminal process that simply punished them. Juvenile courts’ parens patriae ideology attempted to combine social welfare with penal social control. As we recall from chapter 2, the “rehabilitative ideal” envisioned a specialized judge who decided each case in that child’s “best interests.” Because reformers pursued benevolent goals and individualized their solicitude, they did not circumscribe narrowly judges’ power. Rather, they maximized discretion to diagnose and treat and minimized procedural safeguards and rules that might pose obstacles to intervention. They subordinated legal proof of criminal guilt to a youth’s social circumstances (Schlossman 1977).
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Helemskii, A. YA. "Modules, they are also representations." In Banach and Locally Convex Algebras, 276–336. Oxford University PressOxford, 1993. http://dx.doi.org/10.1093/oso/9780198535782.003.0007.

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Abstract Catherine the Great, “Tell me, General, what exactly is the difference between a howitzer and a mortar?” Cossack-General Platov, “Oh, you see, Mother-Czarina, a howitzer thing and is a specialized sort of this is a mortar - an altogether specialized sort of thing!” (From an old Russian anecdote.) The reader has already been introduced to representations and he can judge from the results of Chap.IV §§5-7 how useful they can be. When we consider the representations of a given algebra it is as though we were taking photographs of it from different sides. The “operator” photos we get (which may also include, as in Theorem IV.7.57, three-dimensional photos) enable us to get a much better understanding of its structure and to form a foundation for its study using results and methods accumulated in operator theory.
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"Does CRT Serve the Students It Is Intended to Help?" In Perspectives on Critical Race Theory and Elite Media, 141–62. IGI Global, 2023. http://dx.doi.org/10.4018/978-1-6684-5221-9.ch007.

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The author can't precisely state whether overemphasizing school segregation is evil. Alternatively, the author doesn't know if reporters overlooking implicit bias training is wrong in the grander scheme of things. Or if writing dishonestly about specialized schools is so contemptible. The question becomes whether the work of Gary Orfield, Richard Carranza, or the cadre of journalists amounts to any wrongdoing. Admittedly, it seems like a grade school question: Is it wrong to research, state, or write about things that are untrue as if they were true? Should we always tell the truth? Nevertheless, this is precisely where journalism and Cormac McCarthy's Judge Holden come together since both constantly sermonize. Can one preach about what remains essentially untrue? This book uncovers that the media's claims around the three topics that remain wildly inaccurate.
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Best, Rachel Kahn. "Ranking Diseases." In Common Enemies, 84–108. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190918408.003.0005.

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From the 1960s to the present, advocates have introduced various criteria to highlight their diseases’ impacts, from mortality to health spending. These competing claims encouraged policymakers to seek formal ways to rank and compare diseases, creating pressure to standardize the National Institutes of Health (NIH) budget across disease categories. NIH officials worried that the pursuit of narrow, disease-specific goals would funnel resources away from basic science and untargeted research. But while the proportion of the NIH budget targeting these goals declined slightly, the overall amounts increased dramatically, suggesting that specialized campaigns do not draw resources away from broader goals. The push for disease data did change how the government distributes money, bringing the funding distribution more in line with mortality rates. The effects of advocacy go beyond securing funding or passing favorable laws; advocacy also changes how policymakers define issues and judge policies, with concrete effects on funding distributions.
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Siregar, Fritz. "Election Supervision in Indonesia." In Constitutional Democracy in Indonesia, 151–72. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192870681.003.0008.

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Abstract After General Election Law (Law 7/2017) was enacted, enormous authority to adjudicate election disputes was given to the General Election Supervisory Agency (Bawaslu). This authority leads to a question: could Bawaslu become a fully functioning election tribunal? In order to adjudicate election disputes and administrative violations, each member of Bawaslu from the regency to provincial level and national level undertakes a role very similar to a judge in a court. This judicial function is core to the work of Bawaslu at all levels of elections. The difference with courts is that Bawaslu must make a decision on disputes or complaints within a short time frame. There are two main questions that need to be answered in regard to Bawaslu’s authority. First, could Bawaslu become an election tribunal and, if so, should it possess authority to adjudicate election result disputes? Second, if so, should Bawaslu remain independent or fall under the authority of the Supreme Court like other specialized courts do? This chapter discusses the merits of these options for reform in the context of comparative literature on electoral accountability.
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Winterfeld, Amy. "The Legal Framework for Child Protective Services." In Helping in Child Protective Services, 447–92. Oxford University PressNew York, NY, 2004. http://dx.doi.org/10.1093/oso/9780195161908.003.0011.

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Abstract Courts and CPS agencies share the goal of ensuring that children have safe, permanent homes. To reach this goal, there must be an effective working partnership between agency workers and legal and judicial personnel. Forging this partnership requires a commitment to cooperate in the interest of children, knowledge of the legal framework for child protective services, and ongoing efforts to improve collaborative practice. Court intervention, in cases of child abuse and neglect, may consist of a simple ex parte (one side only) order, a full trial by judge or jury involving all parties, or a myriad of other processes in between, in the various courts that deal with some aspect(s) of the problem. While the juvenile courts (or, in lieu thereof, family courts) remain the major forum for both venue (place of hearing or trial) and jurisdiction (authority over the parties and subject matter), other courts—domestic relations, civil, and criminal—also respond to issues that may arise in child protection matters (e.g., domestic violence). The complexity of child welfare cases may therefore result in CPS becoming involved in these additional forums, or in other specialized forums, such as family treatment courts that respond to families with substance abuse issues. Many cases of child neglect and abuse do not require court intervention. However, for those that do require it to secure legal permanency for the child or to provide for child safety in an emergency, your effectiveness in court will necessitate knowledge of and respect for court jurisdiction, rules, procedures, your role in each of these courts, and problems that may arise with respect to your role.
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Caminos, Hugo. "The Creation of Specialised Courts: The Case of the International Tribunal for the Law of the Sea." In Liber Amicorum Judge Shigeru Oda, 569–74. BRILL, 2022. http://dx.doi.org/10.1163/9789004531161_042.

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Magruder, Kathryn M., and Derik E. Yeager. "Screening for Depression in Primary Care: Can It Become More Efficient?" In Screening for Depression in Clinical Practice. Oxford University Press, 2009. http://dx.doi.org/10.1093/oso/9780195380194.003.0012.

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Screening for depression has been so widely advocated that the burden of proof has shifted to skeptics who argue against it. Yet only recently has sufficient evidence accrued to judge dispassionately the advantages and disadvantages of screening. Here we discuss the evidence for specific tools and specific strategies in improving the outcome of depression screening in primary care. In 1978, the Institute of Medicine defined primary care as ‘‘care that is accessible, comprehensive, coordinated, continuous, and accountable.’’ While the definition has evolved over time,2 these fundamental characteristics are still valid today. Included in the primary care mission is to serve as the first line for detection and either treatment or referral of common mental disorders, including depression. The inclusion of first-line mental health services as a component of primary care distinguishes primary care (including outpatient clinics in managed care organizations, community hospitals, Veterans Administration hospitals, teaching institutions, and other medical centers) from care in more specialized clinical settings. The comprehensiveness of primary care and the obligation of its providers for first-line care make it a logical and appropriate venue for mental health screening. Complicating the issue, however, are the time constraints on primary care providers. Although the amount of time spent per patient visit is about 20 minutes in the United States, the recommended services that should be provided in that short period of time are daunting. It is therefore imperative that these recommended services—in particular preventive health services— be provided in the most efficient manner possible. Services that cannot be provided efficiently and fit within the busy, fast-paced world of primary care are at risk of being omitted. This is especially true for preventive mental health services. Screening for depression is such a service; therefore, it is critical that primary care providers make use of the best and most efficient depression screening approaches possible. In this chapter, we will address issues related to screening for depression in the primary care context. We will start by briefly reviewing the epidemiology of depression as related to primary care. Next, we will provide a critical examination of the applicability to depression screening of the World Health Organization’s criteria.
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Hendley, Kathryn, and Peter H. Solomon. "Judges and the Judiciary." In The Judicial System of Russia, 45–57. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192895356.003.0004.

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Abstract Chapter 3 focuses on judges. Like much of continental Europe, Russia has a career judiciary. Those who have at least five years of legal experience following receipt of their law degrees are eligible to become trial-level judges. The requirements ratchet upwards for higher-level courts. Applicants are assessed for their competence and political reliability by judicial qualification commissions. These commissions also hear complaints about judicial misconduct and are responsible for disciplining errant judges. Russian judges tend to come onto the bench in their thirties and stay for their career, typically seeking out higher-level judicial posts as they gain experience. Promotion depends on judges’ ability to manage their caseload efficiently, to avoid reversals, and to get along with their bureaucratic superiors, especially their court chairmen. Judges who rock the boat are not promoted and are often drummed out of the judicial corps, sometimes on flimsy pretexts. With the exception of justices of the peace, who are expected to be jacks of all trade, Russian judges specialize. The staff members of courts make up the largest share of applicants for the bench, though judges who handle criminal cases are often former prosecutors.

Conference papers on the topic "Specialized judge":

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Konini, Ivas. "The Role of Criminal Psychology in Albania’s Criminal Justice System." In 9th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2023. http://dx.doi.org/10.31410/eraz.2023.549.

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Forensic psychology is an emerging field that has gained increasing attention in the Albanian justice system. It encompasses the application of psy­chological knowledge and principles to aid judges, attorneys, and law enforce­ment officials in understanding complex legal issues, investigating crimes, and making informed decisions. The purpose of this paper is to explore the role and significance of forensic psychology in the Albanian justice system. Forensic psychologists in Albania play a crucial role in criminal proceedings by providing expert psychological assessments of defendants, witnesses, and vic­tims. They evaluate the mental capacity and state of mind of defendants at the time of the crime, which helps judges and juries to make informed decisions. Fo­rensic psychologists also assist with profiling, risk assessments, and other inves­tigative techniques to aid in criminal investigations. One of the essential benefits of using forensic psychology in the Albanian jus­tice system is to reduce prejudice and bias. Forensic psychologists provide ob­jective, scientific evidence to the court, which improves the fairness and accu­racy of criminal trials. The challenge facing forensic psychology in Albania is the lack of specialized training and education programs in forensic psychology. There are few profes­sionals in the field, and therefore, forensic psychology services are not widely available. Investing in more education and training programs would increase the number of qualified experts in the field, thus leading to more extensive and effective utilization of forensic psychology in criminal proceedings. In conclusion, forensic psychology is a vital aspect of the Albanian justice sys­tem. Its use can help reduce bias and prejudice in criminal trials while improv­ing the accuracy of decisions. However, the field faces challenges in terms of the need for specialized training and education programs for professionals. By find­ing the right balance between complexity and variation, we can ensure that our content is engaging and informative.
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Vančová, Hana. "PRONUNCIATION EVALUATION CRITERIA FOR EFL LEARNERS." In International Conference on Education and New Developments. inScience Press, 2022. http://dx.doi.org/10.36315/2022v1end035.

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"Pronunciation is one of the competencies foreign language learners of English are implicitly or explicitly judged for in classroom context as well as real-life communication. At the same time, both teachers and learners express concerns concerning this competence, as relatively little attention is being paid to pronunciation issues. While accuracy was desired in the past, comprehensibility is preferred as the goal of pronunciation instruction in recent years. Mistakes and errors the speakers make vary across the language background of speakers and can be manifested at segmental and suprasegmental levels; however, familiarity with the topic discussed may help overcome many obstacles the foreign language speakers may make. Pronunciation may be judged by human raters as well as automatically by specialized software. The presented study aims to current practices presented in research papers published in the past ten years. The results suggest different criteria applied to pronunciation evaluation. The paper presents partial research outcomes of the projects KEGA 019TTU-4/2021 Introducing new digital tools into teaching and research within transdisciplinary philological study programmes and 7/TU/2021 Pronunciation mistakes of pre-service teachers of English."
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Durmus, D. "QUANTIFYING THE BRIGHTNESS OF CHROMATIC LIGHTING IN A WIDE FIELD OF VIEW." In CIE 2023 Conference. International Commission on Illumination, CIE, 2023. http://dx.doi.org/10.25039/x50.2023.po095.

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Chromatic lighting is often used in specialised applications such as entertainment, theatre, and signage, but there is lack of consensus on metrics that can estimate the brightness of chromatic stimuli. Researchers have previously adjusted colour appearance models (CAMs) to predict brightness of stimuli seem in narrow fields of view. However, metric performance has not been tested in full field of view. A psychophysical experiment was conducted to test the performance of existing metrics in estimating chromatic brightness of light sources in a wide field of view. Fourteen participants judged the brightness of 18 chromatic test stimuli illuminating a room using a magnitude estimation method compared to two reference light sequentially. The results suggest that CAM16 QHK, luminance, and illuminance can predict the brightness of chromatic lighting in wide field of view. Future research should investigate the metric performance using a large number of stimuli, participants, and spectral variation in stimuli.
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Oliveira Neto, Benjamim Machado de. "Rehabilitation, education and work: the criminological examination as an instrument for resocialization and integration of the subject into society." In II INTERNATIONAL SEVEN MULTIDISCIPLINARY CONGRESS. Seven Congress, 2023. http://dx.doi.org/10.56238/homeinternationalanais-043.

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Abstract The respective object will have the proposal to develop a study about the importance of the Criminological Examination regarding the rehabilitation and integration of the individual in society, as an instrument that makes it possible to offer the convict the opportunity to receive treatment, education and work, to undergo a process of social recovery. The Exam is located in the Execution Law and in the Penal Code, in the legal device nº 7.210/84 and the enactment of Law nº 10.792/03, which revoked the obligation of the referred exam and became optional. The objective of the work is to reflect the value of such a procedure that arises to promote/guarantee the dignity, humanization and individual/collective rights of the prisoner. The methodological procedure will be based on the bibliographic review, through specialized literature of scientific articles, books and doctrines, in the search to support the study and offer content based on the most renowned authors, such as: Bitencourt (2004); Capez (2007); Fernandes (2002); Fernandes (2010); Marcao (2009); Mirabete (2002); Mirabet (2004). With the application of the Exam it would be possible to draw a study about the personality of the individual and to analyze the circumstances that led to the commission of the crime, as well as to grant prison benefits, conditional release and regime progression. It was concluded that, the advent of the new Penal Execution Law, discarded the obligation of the prisoner the due condition to be evaluated, which would serve as the basis for the decisions of judges and courts when applying the granting of prison privileges.
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Reed, Shad A., Bret P. Van Poppel, and A. O¨zer Arnas. "An Undergraduate Fluid Mechanics Course for Future Army Officers." In ASME/JSME 2003 4th Joint Fluids Summer Engineering Conference. ASMEDC, 2003. http://dx.doi.org/10.1115/fedsm2003-45422.

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The mission of the United States Military Academy (USMA) is “To educate, train, and inspire the Corps of Cadets so that each graduate is a commissioned leader of character committed to the values of Duty, Honor, Country; professional growth throughout a career as an officer in the United States Army; and a lifetime of selfless service to the nation.” [1] The academic program at the USMA is designed to meet the intellectual demands of this mission statement. One very unique aspect of this academic program is the requirement that each cadet take a minimum of five engineering courses regardless of his or her major or field of study. Because of this requirement, nearly one-third of every graduating class take Fluid Mechanics. The Fluid Mechanics course taught in the USMA’s Department of Civil and Mechanical Engineering differs from others throughout the country for two primary reasons: 1) Within every class there is a mixture of cadets majoring in engineering and those who are in other majors, such as languages, history, and political science, 2) Each cadet will be commissioned as a Second Lieutenant in the United States Army immediately upon graduation, [2] and [3]. In this course cadets learn about fluid mechanics and apply the principles to solve problems, with emphasis placed upon those topics of interest to the Army and Army systems that they will encounter as future officers. The course objectives are accomplished through four principal methods. The first is through engaging, interactive classroom instruction. Cadets learn about the principles of fluid statics, conservation laws, dimensional analysis, and external flow; specialized topics, such as compressible flow and open channel flow have also been integrated. The second method is through hands-on laboratory exercises. Pipe friction, wind tunnels, and smoke tunnels are examples of laboratories in which cadets take experimental measurements, analyze data, and reinforce concepts from the classroom. The third method occurs in the “Design of an Experiment” exercise. In groups, cadets design their own experiment—based upon an Army parachutist—that will predict the coefficient of drag of a parachute system. The fourth method is a hands-on design project that culminates in a competition. In teams, cadets build a water turbine to lift a weight on a pulley from ground level to a designated height. Competition categories include the torque competition, in which maximum lifted weight determines the winner and the power competition judged by minimum time to lift a designated weight. This project, implemented within the curriculum prior to formal instruction on the design process, requires cadets to develop their own design process through analysis, experimentation, and trial and error.
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Saeed Ghafoor Ahmad, Kosar, and Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.

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"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar to what happened in the Badoush prison crime in the province of Mosul, which the Iraqi Parliament considered it as a crime of genocide, in which these gangs executed about (400) members of the prison inmates of the Sheea component. After ISIS took control of the city of Tikrit in Iraq, and one day after they took control of the city of Mosul, they captured (2000-2200) soldiers and led them to the presidential palaces in Tikrit, and they shot them there and in other areas and buried some of them alive. This disaster had a negative impact on the families of the victims of the Speicher where they went out in demonstrations demanded that the leaders who handed over the victims of Speicher to ISIS must be prosecuted, and in one of the demonstrations they managed to enter Parliament and demanded that the leaders who handed over Speicher to ISIS be held accountable. After that, many demonstrations took place by the families of the victims, some of which led to the closure of a bridge in Baghdad a few times Protesting the government's delay in clarifying the fate of their children or taking quick measures. The Iraqi parliament and government recently considered the Speicher incident “genocide” in reference to the premeditated murder of Badoush Prison inmates in Nineveh Governorate and the unarmed Speicher military base, the premeditated murder of members of the Albu Nimr, Jabour, al-Lahib, and al-Ubaid tribes, and the killing and displacement of civilians from Kurds, Christians, Yazidis and Shabaks in Sahel Nineveh, Sinjar, deliberate killing and displacement of Turkmens in Tal Afar and Bashir. This decision paves the way for obtaining international recognition from it as a ""genocide"" as stipulated in the Contract of the United Nations in 1948, and Iraq signed it in the fifties of the last century. This study attempts to explain the Al-Ikhnasas Court in looking into the crimes of genocide committed by ISIS against the bereaved students of the Air Force Base (Speicher) due to what this issue raised from the national and international public opinion, especially after the involvement of the Iraqi army leaders in this massacre, according to what witnesses reported in that area and what was reported by soldiers who survived the incident, in addition to the involvement of some members of the Sunni tribes in these crimes with the terrorist organization ISIS. The importance of this study lies in the following aspects: - That ISIS elements were tried according to Anti-Terrorism Law No. 13 of 2005, and from our point of view that the aforementioned law is vague and broader than it should be, and it applies to serious and simple crimes from murder to crimes of sabotage, and the list of crimes punishable by the death penalty according to the aforementioned law is a long list and spacious. - The Iraqi government has embarked on an attempt to develop a legal framework to prosecute ISIS elements, and its mission focused on understanding the procedures and results drawn from those judicial efforts, and its mission also focused on showing the efforts taken by the Iraqi government to address violations in the field of the right to life, including those committed by affiliated forces government as well as other international and domestic actors. The International Criminal Court is specialized in considering specific crimes under Article (5) of its Statute, which are war crimes, aggression and crimes against humanity, which necessitates the adaptation of Speicher's crime within any of the mentioned types of crimes. The assumption of the International Criminal Court in relation to the Speicher crime, includes several positive matters and results at the same time a set of negatives, which must be presented to those positives and negatives in order to give preference between them and the choice of authorizing the court to consider the crime or not. The terrorist organization ISIS has committed serious systematic violations, including war crimes and others, and perhaps those that are not under its control, and that none of these crimes can be addressed within the anti-terrorism law, which cannot address human rights violations. The international community has recognized the heinous violations committed by ISIS against the citizens of Iraq by adopting Resolution (2370) in September of 2017, issued by the Security Council, which authorizes the Security Council to appoint an investigation team to support local efforts to hold ISIS elements accountable by collecting and preserving evidence in Iraq, which can rise to a high level, and it was committed by the elements of the organization. It considers that the decision constitutes a burden and an obligation on Iraq to investigate all allegations of violations committed by government forces for the purpose of holding them accountable, as well as requiring the establishment of special courts and trained judges in relation to ISIS crimes to deal with them. Terrorism is a global curse that has recently spread horizontally to all countries of the world and its effects have been concentrated vertically in some countries, and no one denies that the parties to this phenomenon are increasing (perpetrators and victims) and the United Nations in particular and the international community in general has not succeeded in reducing it despite the fact that the resolutions of the UN Security Council It is increasing, but the proportionality is absent between these decisions and the practical reality. The phenomenon of terrorism is spreading rapidly, and the perpetrators of terrorist acts are on the rise, corresponding to an increase in the victims of terrorism. Also, the circumstances and events that Iraq is going through, especially after 2003, put it at the forefront of countries which suffers from terrorism that has killed the people, using methods and forms that were not previously known and brutal and bloody cruel. ) for the year 2005, and since terrorism was not limited to Iraq, but included many countries, and was not specific to a place or time, nor was it recent in terms of composition. In addition, the aforementioned law cannot be aware of all violations of international and humanitarian law, as we mentioned previously, which requires the necessity of referring the criminals to a competent court. The Court conducts its rule under Article (13) of its Statute when referred to it by a state party to the same system or by the Security Council or when the Public Prosecutor conducts the investigation on his own, and then how does the Court take its measures regarding the aforementioned crime if we take a look Considering that the State of Iraq is not a member of the Statute of the Court. The rule of the court is free from the death penalty, which makes the idea of authorizing the court to consider the crime rejected by most Iraqis, especially the families of the victims. What are the negative aspects of the Iraqi national judiciary’s view of the Speicher crime, and how can it be avoided if the International Criminal Court plays this role? What are the guarantees provided by the court in the event that it proceeds with its procedures regarding this crime? The research on this subject is according to the appropriate method, which is the analytical and comparative method, which works on studying and comparing topics by analyzing ideas and jurisprudential rulings, and the positions of the governments of countries and the United Nations, as well as the resolutions of the Security Council and the General Assembly, and comparing arbitration between Iraqi courts. And the international courts regarding the trial of the perpetrators of the Speicher base crime, and then come up with a set of conclusions and recommendations."

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