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1
Poltronieri Rossetti, Luca. "The Pre-Trial Chamber’s Afghanistan Decision." Journal of International Criminal Justice 17, no. 3 (July 1, 2019): 585–608. http://dx.doi.org/10.1093/jicj/mqz032.
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Abstract On 12 April 2019, Pre-Trial Chamber II (PTC II) of the International Criminal Court (ICC) issued a decision pursuant to Article 15(4) of the Rome Statute on the request of the Office of the Prosecutor (OTP) to open an investigation in the situation of Afghanistan, refusing for the first time to grant an authorization to investigate in a situation initiated proprio motu. The Chamber grounded its decision on a ‘prognostic’ analysis of the prospects for viable investigation and prosecution, leading to the conclusion that an investigation would not have been in the interests of justice. The present contribution examines the PTC’s approach in the Afghan situation, comparing it with previous practice in the context of authorization proceedings. It suggests that the Chamber’s approach to the definition of the scope of the investigation, as well as its interpretation and concrete application of the interests of justice clause, might represent an unreasonable encroachment on the OTP’s discretion. The article also examines the potential consequences of the Afghanistan decision in future cases and briefly touches upon the appellate proceedings instituted by the OTP and the legal representatives of victims. It finally argues that the current practice in authorization proceedings lacks reasonable consistency, and that a ‘third way’ between excessive deference and interventionism in the exercise of judicial supervision of discretionary choices needs to be developed in practice, in order to safeguard the credibility of the Court.
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Żbikowska, Małgorzata. "Organ uprawniony do rozpoznania zażalenia na czynność pobrania materiału biologicznego od podejrzanego." Prawo w Działaniu 43 (2020): 74–83. http://dx.doi.org/10.32041/pwd.4304.
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The article asks the question whether the existing provisions of the Code of Criminal Procedure indicating the procedural authority that can examine a complaint about the act of collecting biological material from the suspect are formulated correctly from the point of view of the suspect’s procedural guarantees and constitutional provisions. The author concludes that due to the importance of the act of collecting biological material from the suspect, a complaint about such an action should be examined by an independent body, which is a court, and not the prosecutor supervising the proceedings. As a consequence, she proposes an amendment to the Code of Criminal Procedure by introducing a clause providing for judicial review of such acts.
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Syamsudin, M., M. Bekti Hendrie Anto, M. Nur Laili Dwi Kurniyanto, and Intan Puspitasari. "An Effective Supervision Model of a Standard Clause for Consumer Protection in the Business Transactions." Hasanuddin Law Review 3, no. 1 (March 30, 2017): 36. http://dx.doi.org/10.20956/halrev.v3i1.763.
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This research aims to form an effective supervision model of a standard clause to protect consumer’s rights and interests. This study answers the questions the effectiveness of a standard clause supervision carried out by Otoritas Jasa Keuangan [Financial Services Authority (OJK)] and Badan Penyelesaian Sengketa Konsumen [Consumer Dispute Settlement Agency (BPSK)]; effective supervision model of a standard clause which can protect the rights and interest of the consumer. The object of this study are OJK and BPSK as a supervision of a standard clause. The result of this research shows that the supervision of standard clause done by those institutions has not been effective yet, this caused by several factors to wit the weakness of implementing regulation in terms of supervision, unclear supervision mechanism, the weakness of socialization related to the rules of standard clause towards business actors, and other weakness and obstacles faced by both institutions. The effective supervision model of standard clause is being formed that based on five points, namely: (1) the needs of institution/agency reformation who authorize to do supervision of standard clause; (2) the needs to determine the scope of duty and authority of standard clause supervision institution; (3) the needs of determination of material range about standard clause subjected to supervision which comprises: the content, the form, the position and the expression; (4) the needs of precise mechanism of standard clause supervision conducted by supervision institution; (5) the needs of following up the supervision results, especially to the business actors who break the standard clause rules.
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Ivanov, Dmitrii, and Michail Kulikov. "International Standards of Preventive Measures and Their Implementations in the Legislation of the Russian Federation." Russian Journal of Criminology 14, no. 4 (August 31, 2020): 623–30. http://dx.doi.org/10.17150/2500-4255.2020.14(4).623-630.
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The goal of this research is to identify problems arising during the implementation of international standards for the selection of preventive measures into Russian criminal procedure legislation. The authors specify the concept of international standards of criminal court proceedings, present the specific features of their incorporation into constitutional norms as well as rules in different branches of law. The importance of preventive measures in the general mechanism of legal regulation is shown. The authors prove the necessity of systemic changes in the part of Russian legislation that deals with the legal regulation of preventive measures with the purpose of creating an integrated mechanism of criminal prosecution and protection against it. Key findings of research include: 1) Russian criminal proceedings, including its part regulating the selection of preventive measures, should fully correspond to international standards; 2) international standards are implemented in Russian criminal procedure legislation both indirectly, though constitutional clauses, and directly, through the improvements in the Criminal Procedure Code of the Russian Federation; 3) preventive measures should only be selected if there are sufficient grounds for them, and these grounds are not the at the discretion of officials involved in criminal proceedings, they are real evidence in the materials of a criminal case that is necessary and sufficient for selecting a specific measure from the measures included in the law; 4) circumstances that are taken into consideration when selecting a preventive measure, if they potentially provide for a stricter measure from their general list, should be explicitly laid down in the law, and contrary to this, the list of circumstances that could improve the position of a person is not exhaustive; 5) to give a person an opportunity to defend their position, the possibility of selecting the preventive measure of detention is only feasible for the accused, and should be excluded for the suspect; 6) since the proper behavior of a person, from the position of the prosecution, is to give testimony that proves their involvement in a crime, the corresponding indication that this is necessary to ensure such behavior should be removed from the law when selecting the preventive measure of recognizance not to leave; 7) the supervision of the command staff of a military base over military personnel should not be substituted with an actual deprivation or limitation of the freedom of movement within the territory of the base; 8) when there are no grounds for selecting detention, the court should have a possibility to select any other preventive measure from those included in the law. From the methodological standpoint, this research is an analysis of international normative legal acts and generally recognized principles and norms of international law regulating preventive measures as well as the problems of their implementation in Russian criminal proceedings. The following methods were used: comparative legal, historic legal, sociological, interpretation of law norms, a number of logical methods. The obtained data was used to formulate key conclusions, which made it possible to correctly use a number of terms, and determine the necessity of a systemic improvement of Russian legislation through the introduction of mechanisms that ensure the rights, liberties and lawful interests of a person when selecting a preventive measure.
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Luke, Susan, and John Tingle. "Children: Proceedings for care or supervision orders." British Journal of Nursing 4, no. 19 (October 26, 1995): 1167. http://dx.doi.org/10.12968/bjon.1995.4.19.1167.
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Majewski, Kamil. "COMMENTARY JUDGMENT OF WOJEWÓDZKI SĄD ADMINISTRACYJNY IN WARSAW OF 21 FEBRUARY 2017, REF. ACT: VI SA/WA 2550/16." Roczniki Administracji i Prawa 1, no. XVIII (June 30, 2018): 405–16. http://dx.doi.org/10.5604/01.3001.0012.6012.
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This commentary raises the issue of the legal position of the president of the management board in the perspective of the administrative proceedings conducted by the supervisory body (Polish Financial Supervision Authority) regarding the approval of the president of the management board of the spółdzielcza kasa oszczędniościowo-kredytowa. The institution of approval of the president of the board is an atypical construction, as it results from the need to assess the existing situation in connection with the supervision of spółdzielcza kasa oszczędnościowo-kredytowa under the supervision of the Polish Financial Supervision Authority. The Author agrees with the view of the Wojewódzki Sąd Administracyjny, according to which the president of the spółdzielcza kasa oszczędnościowo-kredytowa is not a party to the proceedings conducted by the Polish Financial Supervision Authority due to the lack of a substantive law provision that would have a legal interest in the proceedings. The interest of this person as a result of the proceedings, in the Author’s opinion, is an actual and not a legal interest.
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Wenger, Werner. "Polyvalente Schieds(gutachtens)klauseln Anmerkungen zu BGE 142 III 220." ASA Bulletin 34, Issue 4 (December 1, 2016): 914–23. http://dx.doi.org/10.54648/asab2016078.
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In the decision reported above, the Swiss Federal Supreme Court dealt with a clause inserted by two co-owners in the rules of administration relating to the building they owned. The clause provided for the appointment of a neutral in the event that the two owners could not reach a unanimous decision in matters relating to their co-ownership; in such event, the neutral’s decision was to stand in lieu of the co-owners’ resolution. Based on such clause, co-owner B initiated arbitration proceedings against co-owner A with regard to the former’s request that the co-ownership initiate court proceedings against the tenant of the building, a company E of which co-owner A was the controlling shareholder. Although the wording of the clause appears at first glance to be restricted to a neutral’s intervention in a function based on contract law similar to that of a third party mandated to amend or adapt the contents of the parties’ contract rather than as an arbitrator acting under the CPC or the PILS, the Federal Court ruled that the clause was to be understood in a broader sense, covering also the essential elements of an arbitration clause with respect to the legal dispute arisen between the two co-owners. In addition, the Federal Court held that arbitration clauses in by-laws are not only binding on the original members of the legal entity, but also on successive members of the corporate body or the community of co-owners.
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Sarip, Sri Kurnia, Sri Wuli Fitriati, and Dwi Rukmini. "The The Paratactic and Hypotactic Constructions in Research Article Abstracts at 2018 ISET Proceedings." English Education Journal 10, no. 2 (June 20, 2020): 201–7. http://dx.doi.org/10.15294/eej.v10i1.34182.
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The present study was a part of larger research aimed at analysing the research article abstracts taken from International Conference on Science and Education and Technology 2018 (ISET 2018). This study was descriptive study under SFL analysis in research article abstracts at 2018 ISET realized from 170 clause complexes. Under a SFL theory, the data were collected through retrieving twenty relevant article abstracts on the International Conference on Science and Education and Technology 2018 (ISET 2018). The article abstracts are analysed using the framewok of systemic functional linguistic as suggested by Halliday & Matthiessen (2014). However, in this study the writer employs the taxis sytems which covers elaboration, extension, and enhancement. Besides, logico-semantic relation is also analysed which covers projection and expansion. The findings reveal that there are 81 clause complexes of parataxis which are realised 47%, afterwards, there are 35 clause complexes of hypotaxis which are realised 20.5%. Hence, the researchers is more using parataxis then hypotaxis. Bassed on the findings, it is recommended that English teacher can apply clause constructions to encourage the English learners to think critically. After being able to implement their critical thinking, the English learners are hoped to be able to read critically. Through having critical reading, they are suggested to be able to evaluate both their works and the other works as the main purpose in learning systemic functional linguistics.
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Oktiva, Raifina, Iman Jauhari, and Muazzin Muazzin. "Peran Majelis Pengawas Notaris Terkait Pencantuman Klausula Pelindung Diri." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 10, no. 2 (July 30, 2021): 376. http://dx.doi.org/10.24843/jmhu.2021.v10.i02.p13.
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The purpose of this study was to determine the role of the Notary Supervisory Council in the inclusion of notary self-protection clause. This study is normative legal research using a statute conceptual approach and analyzed using a pre-descriptive-evaluative.The results showed that the legal effect of the inclusion of a notary self-protection clause is flawed notarial deed as an authentic deed. As a result, the role of the Notary Supervisory Council to oversee the performance of notaries.However, the supervisory authority is only in the context of preventive supervision and oversight, but it is not authorized in the context of curative supervision in matter of the inclusion of a notary self-protection clause.
Tujuan penelitian ini adalah untuk mengetahui tentang peran Majelis Pengawas Notaris dalam pencantuman klausula pelindung diri.Penelitian ini dilakukan dengan menggunakan model penelitian hukum normatif melalui pendekatan undang-undang dan pendekatan konsep serta dianalisis dengan cara prekriptif-evaluatif. Hasil penelitian menunjukkan bahwa akibat hukum dari pencantuman klausula pelindung diri adalah cacatnya akta notaris sebagai akta otentik sehingga diperlukan adanya peran dari Majelis Pengawas Notaris untuk mengawasi kinerja notaris. Namun kewenangan pengawasan itu hanya dalam konteks pengawasan yang bersifat preventif dan tidak berwenang dalam konteks pengawasan yang bersifat kuratif dalam persoalan pencantuman klausula pelindung diri.
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Shitikov, T. "CLINIC, PATHOBIOMECHANIC AND IRIDOLOGY CRITERIES USERING OF МANUAL REHABILITATION WITH BRAIN TRAUMATIC SYNDROME." Fitoterapia 2, no. 2 (2021): 21–29. http://dx.doi.org/10.33617/2522-9680-2021-2-21.
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Keywords: brain posttraumatic syndrome, posttraumatic cerebrovascular disorgers, manual therapy Clause is devoted to brief supervision over efficiency of diagnostic and rehabilitation methods of patients with brain traumatic syndrome. The author used different methods of analysis for diagnostics and dynamic supervision over patients (craniometric, Iridology, visual, instrumental) at treatment by various manipulative techniques of manual therapy. It has been found the correlation and application of manual therapy and phatobiomechanical types of posttraumatic braine. Demonstreited safety of manual techniques in rehabilitation brain traumatic syndrome.
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Harris, Callista. "INCIDENTAL DETERMINATIONS IN PROCEEDINGS UNDER COMPROMISSORY CLAUSES." International and Comparative Law Quarterly 70, no. 2 (March 26, 2021): 417–47. http://dx.doi.org/10.1017/s0020589321000075.
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AbstractA dispute brought before an international court or tribunal pursuant to a compromissory clause in a specific treaty may involve issues under rules of international law found outside of the treaty in question. In what circumstances can a court or tribunal determine such external issues? At present, there is no clear answer to this question. This article sets out a framework for how courts and tribunals exercising jurisdiction under compromissory clauses could approach external issues.
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Быкова, Ирина, and Irina Bykova. "Functions of the Supervision Proceedings in the Civil Procedure." Journal of Russian Law 4, no. 2 (February 5, 2016): 0. http://dx.doi.org/10.12737/17650.
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In this article the author analyses correlation between terms tasks and aims of the civil procedure in whole and these ones of the supervision proceedings in particular. Addressing Soviet and modern Russian jurists’ opinions, the author based on contextual reading of the law rule of the Civil Procedure Code of the Russian Federation that determines aims and tasks of the civil procedure offers her own vision of correlation between the above-mentioned terms and supposes division into the main and additional tasks of the civil procedure. Named tasks of the civil procedure the author considers that determining functions of the civil procedure as means to complete these tasks is needed. Comparing other authors’ terms of the civil procedure function the author formulates her term of a function of the civil procedure. Moreover the question concerning possible synonym of terms: principles, tasks, aims and functions of the civil procedure is also considered. Concluding characterization of the civil procedure functions the author disserts about functions of each stage of the civil procedure, with a particular focus on optional stages of the civil procedure, one of which is the supervision proceedings. Based on functions of the supervision proceedings in the civil procedure the author divides such functions into check, regulatory, protecting, control and right-conferring functions. Employing in particular historic-legal and comparative methods of research, the author of this article characterizes each of the above-mentioned functions, also through determining tasks of each particular function of the supervision proceedings in the civil procedure. In conclusion the author writes that it’s necessity to determine the functions of the supervision proceedings in civil procedure for the purpose of correct understanding the role of the supervision proceedings in the civil procedure of the modern Russian State.
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Nasonov, A. A. "CRIMINAL PROCEDURE FUNCTIONS AND POWERS OF THE PROSECUTOR AS FACTORS DETERMINING THE SPECIFICS OF PROSECUTOR's SUPERVISION IN PRE-TRIAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 31, no. 1 (February 12, 2021): 124–32. http://dx.doi.org/10.35634/2412-9593-2021-31-1-124-132.
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The article analyzes the opinions of scientists expressed during the scientific discussion that unfolded around the issue of criminal procedure functions of the Prosecutor in pre-trial proceedings. Provides additional arguments in favor of supervision of execution of laws as the main function of the Prosecutor under the Law on the Prosecutor determines other types of prosecutorial activities (criminal prosecution, the preliminary investigation, etc.) that are supportive in nature. These types of Prosecutor's activities are not only ways to specify Prosecutor's supervision in criminal proceedings, but also means of implementing the criminal procedure function of the prosecution, which exists according to the concept of the current criminal procedure legislation of the Russian Federation, focused on the adversarial process, along with the function of protection and the function of resolving criminal cases. The article also addresses the issue of granting additional powers to the Prosecutor in pre-trial proceedings. It is proved that the decision to grant additional powers to the Prosecutor in pre-trial proceedings should create opportunities to maintain the necessary balance in pre-trial proceedings between Prosecutor's supervision, departmental control and judicial control. Evidence is given that the harmonious existence of Prosecutor's supervision and departmental control in pre-trial proceedings will allow us to count on overcoming existing violations of the law in the investigation of crimes, which currently remain many.
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Syarifa, R., L. Rahmawati, P. F. Andini, M. Simanjuntak, and A. M. T. Anggraini. "Menyelisik Isu Perlindungan Konsumen pada Klausula Eksonerasi di Sektor Jasa Keuangan dan Retail dengan Pendekatan Mixed Methods." Jurnal Ilmu Keluarga dan Konsumen 15, no. 2 (May 1, 2022): 178–91. http://dx.doi.org/10.24156/jikk.2022.15.2.178.
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Throughout 2021, the National Consumer Protection Agency (BPKN) has received 2.113 complaints from the financial services sector and 427 complaints from the retail sector, where problems related to the exoneration clause are one of the most reported problems. This research aimed to analyze the influence of knowledge and attitudes on consumer behavior and explore the role of the Consumer Dispute Settlement Agency (BPSK) in supervising the inclusion of the exoneration clause. This research applied sequential mixed methods that combine quantitative and qualitative approaches. The survey was conducted on 170 respondents who were selected by voluntary sampling. The descriptive analysis showed that consumer knowledge, attitudes, and behaviors related to the exoneration clause were still low. Only knowledge had a significant effect on consumer attitudes. The result of the in-depth interview concludes that the role of BPSK has not been effective and tends to be passive in supervising the inclusion of the exoneration clause. It is because there are no clear technical instructions and implementation instructions related to the supervision of the inclusion of the exoneration clause. Therefore, an institution with authority must examine, validate, and certify standard clauses before being applied to consumers.
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Borrill, Jo, Lisa Cook, and Amy Beck. "Suicide and supervision." Probation Journal 64, no. 1 (November 18, 2016): 6–19. http://dx.doi.org/10.1177/0264550516677770.
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Suicides by offenders in the community have been relatively under-researched in comparison with prison suicides. This study examined in-depth the events and experiences of 28 service users under probation supervision, based on continuous records from the start of their sentence to their death by suicide. The study presents novel findings through mapping suicidal behaviour onto the probation supervision process, and demonstrates the complex pathways leading to suicide in this population. Key issues identified include missed appointments, the impact of legal proceedings, changes in supervision, and the importance of recording risk.
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Kostwiński, Marcin. "Pozycja stron postępowania egzekucyjnego w świetle nowelizacji z 4 lipca 2019 r. – zagadnienia wybrane." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 121–35. http://dx.doi.org/10.15584/znurprawo.2020.29.8.
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In this article, the author discusses selected issues concerning amendments in enforcement proceedings, which were introduced as part of the amendment to the Code of Civil Procedure of 4 July 2019. Issues discussed were the grounds for refusing to grant an enforcement clause, considering the limitation period in the enforcement proceedings and transferring the rights to the legal successor of the creditor. These amendments were assessed on the functional and purposeful level in the context of the situation of the enforcement proceedings’ parties.
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Kuksa, Pavel A. "On the Prosecutor’s Functions in Criminal Proceedings." Ugolovnaya yustitsiya, no. 17 (2021): 54–57. http://dx.doi.org/10.17223/23088451/17/11.
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The prosecutor’s legal status is detailed in the Russian law of criminal procedure and is actively discussed by various scholars. The prosecutor is the procedural figure who is called upon to ensure the legality, validity and motivation of the procedural actions and decisions in the case. Supervision in pre-trial proceedings, as in any other sphere, is the prosecutor’s primary function. The multifaceted nature of the prosecutor’s activities extends not only to pre-trial proceedings, but also to the entire criminal process. We believe the prosecutor’s supervision to be the primary and most important function.
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Shore, Laurence, Vittoria De Benedetti, and Mario de Nitto Personè. "A Pathology (Yet) to Be Cured?" Journal of International Arbitration 39, Issue 3 (June 1, 2022): 365–78. http://dx.doi.org/10.54648/joia2022016.
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Fifty years ago, Frédéric Eisemann coined the expression ‘pathological clause’ to refer to arbitration clauses that substantially deviate from the essential requirements of a model clause. However, arbitration practitioners have not yet learned their lesson; the matter of pathology is far from being outdated. Arbitration clauses may be pathological if they do not provide for mandatory referrals to arbitration proceedings, or do not meet certain other requirements to provide for a workable arbitration procedure, or contain a reference to non-existing arbitral institutions and/or arbitral rules, or provide for a proceeding administered by an arbitral institution pursuant to different institutional rules. In most instances, the competent supervisory court (or the arbitral tribunal or institution dealing with a defective clause) seeks to cure these pathologies. Arbitral tribunals and national courts generally try to ascertain whether the parties’ real intention is to arbitrate, and, if that to arbitrate is apparent, to give effect to and enforce an otherwise invalid arbitration clause. In any case, parties should not blindly rely on tribunals’ and courts’ tendency to uphold such clauses; the only safe approach is to avoid pathology. pathological/pathology, arbitration clause, hybrid (arbitration clause), asymmetric (arbitration clause) effectiveness principle, validity, enforcement, vacatur contractual autonomy
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Collier, Helena. "‘Under supervision’ is a clause that will be grossly misinterpreted and abused." Journal of Aesthetic Nursing 3, no. 5 (June 2, 2014): 258. http://dx.doi.org/10.12968/joan.2014.3.5.258.
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Manova, N. S., and K. A. Rygalova. "THe Nature and Problems of Realization of Functions of Prosecutor’s Supervision in Pre-Trial Proceedings." Russian Journal of Legal Studies 3, no. 4 (December 15, 2016): 173–81. http://dx.doi.org/10.17816/rjls18231.
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He article is devoted to questions about the content of normative regulation and practice of implementation of the functions of prosecutor supervision over the procedural activities of the investigator and of the inquirer. The authors consider a discussion point of view on the question of concept and essence of prosecutorial supervision in criminal proceedings; analyze changes in the procedural position of the prosecutor, and their impact on the practice of the prosecutor and supervisory authority.Keywords: criminal proceedings, the prosecutor, the powers of the prosecutor, prosecutorial supervision over the legality of prelimi- nary investigation, the supervisory powers
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Marghitola, Reto. "Document Production: New Findings on an Old Issue." ASA Bulletin 34, Issue 1 (March 1, 2016): 78–94. http://dx.doi.org/10.54648/asab2016006.
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The current framework for evidentiary proceedings in international arbitration is marked by one set of rules, the IBA Rules, and conflicting interpretations of these rules. Contrary to the views of many commentaries, there is no abstract rule of what is sufficient to identify a document or a category of documents. Similarly, no technical rules exist for drawing adverse inferences. A successful document production strategy requires an early analysis which allows parties accurately to select its party-appointed arbitrator and to influence the establishment of the procedural rules. For this purpose, the suggested model clause for arbitration proceedings between parties expecting civil law proceedings may be used.
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Kałużny, Tomasz. "ARBITRATION JUDICIARY – NEW QUALITY OF DISPUTE RESOLUTION." Roczniki Administracji i Prawa specjalny, no. XXI (December 30, 2021): 623–38. http://dx.doi.org/10.5604/01.3001.0015.6210.
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Arbitration judiciary, often referred to as arbitration, is commonly presented in the literature as one of the alternative methods of dispute resolution. The objections to the irregularities of the judicial state system and legitimate expectations in terms of reducing the time and costs of the proceedings guarantee the parties real access to court and protection of their rights by drawing up an arbitration clause. As part of the mutual relations of arbitration with respect to alternative dispute resolution methods, it should be emphasized that arbitration is a real alternative to the state justice administered by the common courts. It is also worth pointing to the possibilities and the need for disputes resolution by arbitration constituting as an important addition to the course of justice made by courts. The consistent intention to resolve the conflict reflected in the arbitration agreement and the exceptional opportunities for the parties to participate in the arbitration proceedings constitute a new content of the culture and legal awareness of citizens and the creation of modern mutual relations between the parties of broadly understood civil law relations. An arbitration clause, the implementation of arbitration proceedings and the resolution of a dispute within the framework of arbitration may and should therefore constitute a new quality in the administration of justice.
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Kubica, Marta. "A gloss to the Supreme Court Judgment of 5 March 2019, IV KK 484/17." Opolskie Studia Administracyjno-Prawne 17, no. 4 (January 27, 2020): 129–40. http://dx.doi.org/10.25167/osap.1894.
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This gloss discusses the issue of the prosecutor’s supervision over preparatory proceedings carried out by a financial authority of preparatory proceedings and the procedural consequences of the prosecutor undertaking supervision of such proceedings. The author is of the opinion that a procedural act performed by the prosecutor consisting in extending the period of enquiry carried out by the financial authority of preparatory proceedings for more than 6 months, does not constitute a decision which is accidental in nature and may not be deemed to be a technical act. Such an act is supervisory in nature. Consequently, if it is assumed that the prosecutor’s decision on the extension under Article 153 § 1 sentence 3 of the Penal and Fiscal Code for the period of more than 6 months of the enquiry concerning a fiscal offence, conducted by a financial authority of preparatory proceedings, means that the said prosecutor undertakes supervision over the said enquiry, then Article 155 § 1 and 2 of the Penal and Fiscal Code must be applied for the purpose of preparing and filing an indictment with the court. In accordance with the law applicable as of 1 July 2015, the financial authority of preparatory proceedings which conducted the investigation as well as the enquiry under the prosecutor’s supervision must prepare an indictment taking into consideration its formal requirements as set out in Article 119 of the Code of Criminal Procedure, Article 332 of the Code of Criminal Procedure, Article 333 of the Code of Criminal Procedure in connection with Article 113 § 1 of the Penal and Fiscal Code, and it must subsequently transfer it to the prosecutor, who approves it and files it with the court. The act of filing an indictment with the court by the Customs Office, where the enquiry was under the prosecutor’s supervision, and where such indictment was filed without the prosecutor’s approval, must be deemed to have been undertaken by an unauthorized body, which constitutes a negative procedural premise which is the absence of indictment by an authorised prosecuting organ (Article 17 § 1 point 9 of the Code of Criminal Procedure).
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Zhu, Dian, and Yuanyuan Peng. "The Uncertainty and Countermeasures of General Anti-Avoidance Clause." Law and Economy 2, no. 3 (March 2023): 51–61. http://dx.doi.org/10.56397/le.2023.03.08.
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The Article 47 of the Enterprise Income Tax Law introduces the general anti-tax avoidance clause, and gradually constructs the general anti-tax avoidance rule system around the clause. General anti-tax avoidance provisions play an important role in making up for the deficiency of special anti-tax avoidance provisions in anti-tax avoidance. However, due to the unreasonable legislative provisions of general anti-tax avoidance provisions and the lack of judicial supervision of the administration-led anti-tax avoidance model, the tax authorities lack guidance in applying these rules, which leads to the uncertainty of the application of general anti-tax avoidance provisions. This article analyzes the causes of the uncertainty of general anti-tax avoidance provisions from the legislative, administrative and judicial aspects, and puts forward suggestions to solve the uncertainty caused by the legislation and application of general anti-tax avoidance provisions.
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Конюшенко, Я. Ю. "PROSECUTOR'S SUPERVISION OF LAW CONDUCTING INVESTIGATIVE (SEARCH) ACTIONS." Juridical science, no. 3(105) (March 30, 2020): 377–86. http://dx.doi.org/10.32844/2222-5374-2020-105-3.46.
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The purpose of the article is to define the prosecutor's supervision over investigative (search) actions as a legal guarantee of human rights, as well as problematic issues in its implementation and to make proposals to improve the current criminal procedure legislation of Ukraine. The article defines doctrinal approaches to the concepts of "prosecutor's supervision over compliance with the law during the pre-trial investigation" and "prosecutor's procedural guidance of the pre-trial investigation" in the context of investigative (search) actions. The author came to the conclusion that the provisions of the Constitution of Ukraine, the Law of Ukraine "On the Prosecutor's Office" and the Criminal Procedure Code of Ukraine in terms of regulating the functions and powers of the prosecutor during the pre-trial investigation. Based on the study, it is proposed to consider procedural guidance as one of the forms of prosecutor's supervision over the pre-trial investigation, which is implemented directly by the prosecutor or a group of prosecutors who are appointed to carry it out in a particular criminal proceeding. The author also emphasizes the existence of forms of supervision of the highest level prosecutor on the legality of these actions, which are implemented through the demand and study of information on the progress and results of pre-trial investigation, criminal proceedings and certified copies of court decisions and study of compliance with criminal procedure. A number of problematic issues during the prosecutor's supervision in pre-trial criminal proceedings are outlined, which relate to the relationship between the prosecutor's supervision and judicial control over the legality of investigative (search) actions; subjects and subject of supervision of the prosecutor in this sphere; providing the prosecutor-procedural manager and prosecutors of the highest level with instructions and instructions during the investigative (search) actions. To address these issues, it is proposed to amend the current criminal procedure legislation of Ukraine. The study of the materials of criminal proceedings and the survey of the subjects of criminal proceedings indicate the existence of a number of problematic issues that exist during the implementation of the prosecutor's procedural guidance of investigative (search) actions in the context of human rights.
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Trifonova, Kristina, and Svyatoslav Biryukov. "Criminal Procedural Means of Prosecutorial Supervision at the Final Stage of the Investigation." Legal Concept, no. 3 (October 2022): 112–19. http://dx.doi.org/10.15688/lc.jvolsu.2022.3.16.
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Introduction: the transformation of control and supervisory activities that has been taking place for a long time obviously affects the procedural status of the prosecutor as one of the main participants in this activity and, as a result, does not allow the discussion related to his purpose in modern criminal proceedings to subside. The current legislative framework in the context of the prosecutor’s powers of supervision in the preliminary investigation gives reason to talk about a certain ambiguity of the latter’s position. Thus, his purpose can be viewed through the prism of the procedural powers granted, his attribution to the prosecution, and the stages of criminal proceedings. The supervision of the legality of the investigation and the arguing for the State are inextricably linked. And if, on the one hand, they act as powers or forms of criminal prosecution by the prosecutor, then, on the other hand, criminal prosecution itself appears to be one of the functions of the prosecutor in the criminal process. The direction of supervisory activity, which includes the supervision of the course of the preliminary investigation – criminal prosecution – the participation in the consideration of criminal cases by the court, determines a certain isolation of the norms governing the activities of the prosecutor at the final stage of pre-trial proceedings when deciding whether to send a criminal case with an indictment to court. It seems possible to characterize this kind of activity as an independent stage of pre-trial proceedings, which, among other things, performs the so-called precaution function for the subsequent stage, as it helps to eliminate the shortcomings of the preliminary investigation. In this regard, the authors set a goal to disclose certain criminal procedural means of prosecutorial supervision at the final stage of criminal proceedings. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of information processing and logical analysis, synthesis, induction, deduction and generalization. Results: the authors’ content of the criminal procedural means of prosecutorial supervision presented in the work at the final stage of crime investigation, based on the analysis of the legislation and modern prosecutorial practice, provides a more comprehensive understanding of them and makes it possible to use them more effectively in the practical activities of authorized law enforcement officials. Conclusions: as a result of the study, certain criminal procedural means of prosecutorial supervision at the final stage of criminal proceedings have been disclosed to inform law students, the teaching staff of law schools, as well as practitioners to better understand the specifics of the prosecutor’s activities at the above stage of criminal proceedings.
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Fernandes, Wanderley, and Jéssica Ricci Gago. "Extensão Objetiva da Cláusula Arbitral." Revista Brasileira de Arbitragem 11, Issue 43 (September 1, 2014): 33–58. http://dx.doi.org/10.54648/rba2014035.
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ABSTRACT: The growth and strengthening of arbitration in Brazil after the ruling by the Brazilian Supreme Court on the proceedings number SE 5206, through which the en banc Court ruled for the constitutionality of several sections of the Brazilian Arbitration Law (Federal Law number 9.307, dated September 23rd, 1996) raised many and new challenges for the consolidation of arbitration as a trustworthy dispute resolution alternative. This work analyses one of the polemic questions that arose, which is the possibility of extension of the objective effects of the arbitration clause in linked contracts. The theme regards the enforceability per relationem of the arbitration clause which is not expressly provided in a determined and specific contract, although it integrates several linked contracts which compose a complex relationship between the same parties. Both arguments which ground the favorable and unfavorable opinions concerning the extension of the objective effects of the arbitration clause were raised and the research sought to identify which of those arguments better adjust to Brazilian Law. The conclusion is for the possibility of the extension of the objective effects of the arbitration clause concerning linked contracts in complex economic relationships between the same parties.
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Conaglen, Matthew. "THE ENFORCEABILITY OF ARBITRATION CLAUSES IN TRUSTS." Cambridge Law Journal 74, no. 3 (August 24, 2015): 450–79. http://dx.doi.org/10.1017/s0008197315000653.
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AbstractThis article considers the enforceability of arbitration clauses which are included in trust documentation. It focuses on two main questions. The first is whether internal trust disputes are capable of being settled by arbitration. The article offers arguments in favour of the arbitrability of such disputes. It then addresses the question of whether parties to an internal trust dispute can be forced to arbitrate, rather than litigate, where the trust documentation contains an arbitration clause. It is argued that there are real difficulties in the argument that such clauses can be enforced as arbitration agreements, under the ordinary arbitration statutes, but that the court could potentially enforce such a clause under its inherent jurisdiction to control its proceedings.
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Terekhova, L. A. "Additional procedures in cassation and supervision proceedings of civilistic procedure." Law Enforcement Review 5, no. 4 (January 6, 2022): 197–208. http://dx.doi.org/10.52468/2542-1514.2021.5(4).197-208.
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The subject of the research is the additional powers of the Chairman of the Supreme Court of the Russian Federation in relation to cassation and supervisory complaints.The purpose of the article is to substantiate the necessity or redundancy of certain additional powers of the Chairman of the Russian Supreme Court taking into account the nature of such powers and the conditions for their application.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts and judicial practice of Russian Supreme Court were used.The main results. Since the transformation of the three-tier supervisory proceedings into a system of two cassation and one supervisory instance, as well as the liquidation of the Supreme Arbitration Court, the powers of the Chairman of the Supreme Court of the Russian Federation have spread to a fairly wide range of relations that allow influencing the movement of the case in the cassation and supervisory instance, and on itself initiation of a case in a supervisory instance. Moreover, such activities are far from always regulated by the norms of the law.The Chairman of the Supreme Court of the Russian Federation (or his deputy) currently has leverage over the possibility of considering a case in the cassation instance of the Supreme Court of the Russian Federation (Judicial Collegium of the Supreme Court) and in the supervisory instance (Presidium of the Supreme Court). These possibilities are called control and substitute in the article. Control powers should include: 1) regulation of key deadlines in cassation and supervisory proceedings; 2) interference in the procedure for filtering complaints. The procedure and conditions for the use of these powers are not regulated in the procedural codes. Having such powers in relation to procedural terms, the President of the Supreme Court actually influences the very possibility of initiating a case in a court of cassation or supervisory instance, as well as the duration (and, accordingly, the quality) of the examination of the complaint. The intervention of the Chairman of the Supreme Court of the Russian Federation in the procedure for filtering complaints has a clearly pronounced discretionary nature, moreover, it is selective. It would not be superfluous to point out that such as "order" in itself creates conditions for its abuse both by the participants in the case and by the courts. The substitute authority is the right of the Chairman of the Supreme Court to initiate supervisory proceedings on his own initiative, contrary to the basic rule of civil proceedings based on the principle of discretion (the case is initiated by the person whose rights have been violated). Supervisory proceedings are currently intended to appeal against judicial acts adopted by the Supreme Court of the Russian Federation itself when considering cases in the first, appeal and cassation instances. However, among the objects of appeal there are also acts of the Judicial Collegium of the Supreme Court, applications to which are possible with complaints against acts of any lower courts, with some restrictions on the decisions of justices of the peace (Article 390.4 of the Civil Procedure Code; Article 291.1 of the Arbitration Procedure Court). In this regard, the supervisory authority must continue to be viewed as the final link in the system of reviewing judicial acts. However, the system for reviewing judicial acts is very contradictory. On the one hand, there are a number of strict rules that cut off certain types of judicial acts from appeal; filtering complaints in the second cassation and supervision; establishing special rules for the jurisdiction of complaints. On the other hand, it is possible not to comply with these strict rules and directly contact the Chairman of the Supreme Court of the Russian Federation.This extraordinary power of the Chairman of the Supreme Court of the Russian Federation has been preserved, precisely because the Russian legislator firmly and consistently adheres to the conviction that it is necessary to leave at least one official who is not a party to the case the right to initiate an audit of a judicial act.Conclusions. The extraordinary powers of the Chairman of the Supreme Court are of an extra-procedural nature, at best they are based on the rules of record keeping (instead of the law), are selective and opaque.
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Ditsevich, Yaroslava Borisovna, and Aleksandr Valer'evich Yarovoi. "Improving the effectiveness of prosecutorial supervision over the implementation of legislation by control (supervision) bodies in the context of the ongoing administrative reform." Административное и муниципальное право, no. 1 (January 2023): 1–8. http://dx.doi.org/10.7256/2454-0595.2023.1.38831.
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The article is devoted to the issues of control and supervisory activities in the context of administrative reform, as well as the importance of the human rights component of prosecutorial supervision over the execution of laws by control (supervision) bodies. The study raises the problem of distinguishing the procedures necessary to bring a person to administrative responsibility and the procedures of state control (supervision) or municipal control. The mechanisms of various control (supervisory) measures are described. The issues of adaptation of the prosecutor's supervision over the execution of laws by control (supervision) bodies under the moratorium established by the Government of the Russian Federation on the conduct of control (supervisory) measures in relation to the majority of small and medium-sized businesses are highlighted. It is noted that the organizational and administrative documents of the Prosecutor General's Office of the Russian Federation establish a requirement for the suppression by prosecutors of the implementation of verification measures under the guise of raids, monitoring, as well as in the framework of illegal administrative proceedings. The results of this study are: the study of the rules of control and supervisory activities, as well as its relationship with administrative proceedings. The authors attempt to develop proposals to improve the effectiveness of prosecutorial supervision over the implementation of legislation on state control (supervision) by perceiving the ongoing administrative reform to modernize control and supervisory activities, mixing accents in its implementation in order to form law-abiding behavior of controlled persons.
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Gorbachev, V. P. "Prosecutor’s Supervision and Management of the Inquiry on Political Crimes in the Russian Empire (Regulatory Framework)." Russian Journal of Legal Studies 5, no. 4 (December 15, 2018): 182–91. http://dx.doi.org/10.17816/rjls18462.
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The article, based on the normative and archival materials, considers the issues of prosecutor’s supervision and management by the gendarme and the police inquiry about political crimes in the Russian Empire after the judicial reform of 1864. The inquiry of such crimes was of two types: formal (criminal procedural) and administrative (protective). The Prosecutor’s office managed directed by inquiry by giving instructions on cases. The supervision was manifested itself in the coordination with the Prosecutor’s office of certain actions of the gendarmerie and the police officers, in the presence of prosecutors during investigative actions, in studying the materials of the inquiry, cancellation of illegal decisions, reviewing complaints about the actions of the gendarmerie and the police, addressing issues of responsibility for violations, etc. Forms and features of Prosecutor’s supervision for each of the specified types of inquiry are considered. It is concluded that the Prosecutor’s supervision and management of the inquiry in political cases had limited legal capacity. At the same time, compared with the management and supervision of the police inquiry on common crimes, the formal inquiry on political crimes was under more careful supervision of the Prosecutor’s office, which responded (though not always) to the revealed violations. At the same time, protective proceedings, which most affected the personal inviolability of citizens, the law almost completely withdrew from the Prosecutor’s supervision. Despite this, gradually, departmental regulations and practice have developed some forms of the implementation of prosecutorial supervision and over protective proceedings. Considered some of the inaccuracies that occur in the literature when reporting on issues of prosecutorial supervision over the investigation of political crimes.
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Law, Paul. "Proceedings of AFLA 11, 2004, ZAS Berlin." ZAS Papers in Linguistics 34 (January 1, 2004): 277. http://dx.doi.org/10.21248/zaspil.34.2004.198.
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The papers in this volume were presented at the eleventh meeting of the Austronesian Formal Linguistics Association (AFLA 11), held from April 23-25 at the Zentrum für Allgemeine Sprachwissenschaft, Berlin, Germany. The conference was organized by Hans-Martin Gärtner, Joachim Sabel, and myself, as part of the research project Clause Structure and Adjuncts in Austronesian Languages. We gratefully acknowledge the financial support by the German Research Foundation (Deutsche Forschungsgemeinschaft). We would like to thank Wayan Arka, Agibail Cohn, Laura Downing, Silke Hamann, S J Hannahs, Ray Harlow, Nikolaus Himmelmann, Yuchua E. Hsiao, Lillian Huang, Ed Keenan, Glyne Piggott, Charles Randriamasimanana, Joszef Szakos, Barbara Stiebels, Jane Tang, Lisa Travis, Noami Tsukido, Sam Wang, Elizabeth Zeitoun, Kie Ross Zuraw, and Marzena Zygis for reviewing the abstracts. We are thankful to Mechthild Bernhard, Jenny Ehrhardt, Fabienne Fritzsche, Theódóra Torfadóttir and Tue Trinh for their help during the conference. I would like to thank Theódóra for providing essential editorial assistance.
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Ahn, Ki Yung. "Proceedings of the First Workshop on Coalgebra, Horn Clause Logic Programming and Types." Electronic Proceedings in Theoretical Computer Science 258 (September 13, 2017): 68–69. http://dx.doi.org/10.4204/eptcs.258.5.
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Ancona, Davide. "Proceedings of the First Workshop on Coalgebra, Horn Clause Logic Programming and Types." Electronic Proceedings in Theoretical Computer Science 258 (September 13, 2017): 70–71. http://dx.doi.org/10.4204/eptcs.258.6.
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Ong, C. H. Luke, and Steven J. Ramsay. "Proceedings of the First Workshop on Coalgebra, Horn Clause Logic Programming and Types." Electronic Proceedings in Theoretical Computer Science 258 (September 13, 2017): 72–73. http://dx.doi.org/10.4204/eptcs.258.7.
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Power, John. "Proceedings of the First Workshop on Coalgebra, Horn Clause Logic Programming and Types." Electronic Proceedings in Theoretical Computer Science 258 (September 13, 2017): 74–75. http://dx.doi.org/10.4204/eptcs.258.8.
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Stoianov, M., O. Torbas, and V. Zavtur. "Closure of criminal proceedings through the decriminalization of criminal offense: analysis of the decision of the Constitutional Court of Ukraine in the case regarding the presumption of innocence." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 262–68. http://dx.doi.org/10.24144/2788-6018.2022.03.47.
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The article is devoted to the doctrinal analysis of the positions of the Constitutional Court of Ukraine, set out in Decision No. 3-р(II)/2022 of June 8, 2022, and the formulation of a proposal to improve criminal procedural legislation in terms of introducing effective mechanisms for the legal protection of a person whose proceedings are closed on the basis of Clause 4 Part 1 of Art. 284 of the Criminal Procedure Code of Ukraine and the practice of its application.
A number of theoretical and practical aspects of the application of Clause 4 Part 1 of Art. 284 of the Criminal Procedure Code of Ukraine in the light of the positions set forth in the Decision of the Constitutional Court of Ukraine in the case regarding the presumption of innocence were examined, in particular: compliance of this provision of the Criminal Procedure Code of Ukraine with the principle of presumption of innocence; delineation of various grounds for decriminalization of an act; possible mechanisms for protecting the rights of a person who wishes to be rehabilitated. The authors defend the position according to which decriminalization is not a uniform legal procedure and in fact should entail different legal consequences. Accordingly, the closure of criminal proceedings due to the decriminalization of a criminal offense by the Verkhovna Rada of Ukraine is a non-rehabilitative reason for closure, and decriminalization by the Constitutional Court of Ukraine is a rehabilitative one, because the norm is recognized as unconstitutional throughout its existence. It is noted that used by the legislator in Clause 4 Part 1 of Art. 284 of the Criminal Code of Ukraine, the wording «committed by a person» does not necessarily indicate the involvement of a specific person in a criminal offense, but only states the mandatory presence of the subject in any criminal offense.
Directions for improvement of the Code of Criminal Procedure of Ukraine in terms of implementation of effective remedy for person against whom the proceedings are closed in connection with the decriminalization of criminal offence are proposed.
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Bordin, Fernando Lusa. "Procedural Developments at the International Court of Justice." Law and Practice of International Courts and Tribunals 13, no. 2 (August 20, 2014): 223–60. http://dx.doi.org/10.1163/15718034-12341276.
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The present column covers procedural developments at the International Court of Justice in the period spanning from 1 February 2013 to 31 May 2014. These include: the Court’s discretion to join proceedings and the admissibility of counter-memorials in the Certain Activities/Construction of a Road cases; questions of judicial propriety arising in the Frontier Dispute case; interpretation of a reservation to a declaration made under the Optional Clause and intervention under Article 63 of the Statute in the Whaling case; assessment of the requirement of imminent risk when unilateral undertakings are given in provisional measures proceedings in the Certain Activities/Construction of a Road and Seizure and Detention cases; and the extent of the Court’s jurisdiction under Article 60 of the Statute in interpretation proceedings in the Temple case.
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Paroń, Łukasz. "Stosowanie środków kontroli i nadzoru nad przestrzeganiem przepisów i zasad ochrony pracy w praktyce inspektorów pracy." Przegląd Prawa i Administracji 118 (December 10, 2019): 103–22. http://dx.doi.org/10.19195/0137-1134.118.6.
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THE IMPLEMENTATION OF CONTROL AND SUPERVISORY MEASURES BY LABOUR INSPECTORS TO ENSURE COMPLIANCE WITH LABOUR PROTECTION PRINCIPLES AND REGULATIONSThe hereby article attempts to present the practical problems faced by national labour inspectors, which they encounter during control and supervision procedures. The significant increase in the number of tasks that the National Labour Inspectorate is responsible for, along with a simultaneous expansion of the scope and intensity of socio-economic relations, gives rise to concerns regarding such proceedings. The primary aim of this publication is to emphasize several important issues related to the control and supervision proceedings conducted by the National Labour Inspectorate. Both the course of the inspections and the legal measures applied by the labour inspectors were analyzed.
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Putzke, Holm, Aleksey Tarbagaev, Аleksandr Nazarov, and Ludmila Maiorova. "The Role of the Prosecutor in the Prevention and Elimination of Investigative Errors: Russian and German Experience." Russian Journal of Criminology 12, no. 3 (June 18, 2018): 424–30. http://dx.doi.org/10.17150/2500-4255.2018.12(3).424-430.
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The paper is devoted to the prevention, identification and correction of mistakes during the preliminary criminal investigation because establishing the offence and all the circumstances that constitute evidence forms the basis for a just verdict, helps prevent crimes against justice and reach other goals of punishment. The authors present the conceptual and normative background for the model of permanent prosecutors supervision as the dominant control and supervision activity in the pre-trial criminal proceedings that allows to effectively implement the strategies of criminal prosecution and protection of human rights. This model establishes the authority of the prosecutor for the procedural management of the criminal prosecution in the criminal process as a significant supervision authority. The tasks of identifying, correcting and preventing (not making) mistakes in pre-trial investigations are equally urgent in Russia and in Germany. Although the Criminal Procedure Code of Germany gives the prosecutors office the leading role in the investigation, in practice the investigation is more often carried out by the police while the role of the prosecutor is reduced to summarizing the results of the police investigation and making the final decisions. At the same time, the prosecutors office has considerable powers of discretion regarding the initiation or non-initiation of criminal prosecution, the prosecutor uses his/her own discretion to determine the procedure and method of investigation. It is important to examine some aspects of the prosecutors role in German criminal court proceedings within the framework of correcting investigation mistakes in Russian criminal process. The model of prosecutors supervision presented in the paper does not preclude the legislative provisions for the transfer of some authority of the court to the prosecutor at the pre-trial stages of the criminal process. This model of prosecutors supervision allows timely and effective identification, correction and prevention of investigation mistakes at the pre-trial stages of criminal court proceedings.
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Kluczyński, Mariusz Paweł. "Diff erentiation of solutions in view of the public prosecutor’s supervision over preparatory proceedings in criminal and tax off ence cases based on selected provisions of the code of criminal procedure and the penal fi scal code from the perspective of good law characteristics." PRZEGLĄD POLICYJNY 143, no. 3 (November 2, 2021): 356–66. http://dx.doi.org/10.5604/01.3001.0015.4808.
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This article is an attempt to show the consequences of differences in regulations on Public Prosecutor’s supervision over proceedings as provided for by the Penal Fiscal Code and the Code of Criminal Procedure, from the perspective of good law characteristics. On the basis of selected regulations, the author attempts to demonstrate that the marginal supervision of the Public Prosecutor over the investigation in the penal fi scal proceedings as provided for in the legislation contradicts the clarity, coherence and effectiveness of law. The differentiation between solutions adopted in this respect gives rise to problems with normative regulations based on the Penal Fiscal Code and makes the regulations inconsistent with other legislation: the Act of 28 January 2016 — Law on the Prosecutor’s Offi ce and the Act of 17 June 2004 — on complaint regarding infringement of the party’s right to examine the case in preparatory proceedings conducted or supervised by a prosecutor and court proceedings without unreasonable delay. Further, in the content of the article the author refers to selected legislation applicable also to investigation regulated by the penal fi scal proceeding regulations. They serve as an example to demonstrate the thesis that the differentiation introduced in this respect in the legislation is entirely unreasonable as compared to the related regulations of the Code of Criminal Procedure. The analysis of those regulations proves that there is no system-related or legal argumentation that would justify this kind of exceptions. In the conclusions drawn on the basis of the analyses carried out in the article, the author states that the introduction of different regulations in the Penal Fiscal Code and the Code of Criminal Procedure as regards the Public Prosecutor’s supervision over the investigation conducted by the fi nancial authority responsible for preparatory proceedings and some exceptions in respect of investigations does not fulfi l the requirements of good law.
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Konev, Sergey I. "Administrative proceedings for control (supervision) over the processing of personal data." Obrazovanie. Nauka. Nauchnye kadry, no. 1 (2023): 84–87. http://dx.doi.org/10.56539/20733305_2023_1_84.
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ПАПЫШЕВА, Елена Сергеевна. "OPTIMIZATION OF PROSECUTORIAL SUPERVISION IN THE CONTEXT OF DIGITALIZATION OF CRIMINAL PROCEDURE." Rule-of-law state: theory and practice 17, no. 2(64) (July 14, 2021): 113–22. http://dx.doi.org/10.33184/pravgos-2021.2.10.
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The paper discusses the possibilities of digitalization of criminal procedure and its importance for optimizing prosecutorial supervision, including high-tech supervision. The development of digital technologies urgently requires not only legal changes, but also the rational use of artificial intelligence in criminal proceedings. Purpose: to determine the limits of the use of artificial intelligence in criminal proceedings and, in particular, prosecutorial supervision. Methods: the author uses empirical methods of comparison and description; theoretical methods of formal and dialectical logic. A special scientific legal-technical method is also applied. Results: The prosecutor’s access to the materials of the criminal case will make it possible to ensure the continuity of prosecutorial supervision and will enhance its efficiency. The use of software will be a factor preventing the gathering of evidence in violation of the Code of Criminal Procedure of the Russian Federation. It is proposed to use special methods of supporting public prosecution in specific types of criminal cases in the development of an artificial intelligence program. Digital technologies can be used to analyze crimes, its causes and conditions, and to develop effective means of preventing it when the prosecutor exercises the function of coordinating the activities of law enforcement agencies in combating crime.
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Epihin, Alexander Yurevich, Oleg Aleksandrovich Zaitsev, Zyufyar Shakirovich Gataullin, Larisa Gennadyevna Tatyanina, and Andrey Viktorovich Mishin. "The investigator as an independent subject of criminal prosecution in cases of terrorist crimes." Cuestiones Políticas 38, Especial II (December 8, 2020): 328–36. http://dx.doi.org/10.46398/cuestpol.382e.25.
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This article aims to study the theory and practice of criminal prosecution of terrorist crimes in the Russian Federation. Most of the scientific work is mainly devoted to the study of criminal law and the criminological aspects of the fight against such criminal activities. It is therefore of particular importance to identify the problems of legal regulation of the investigator's activities in order to prosecute criminal offences and develop proposals for their optimal resolution. Cognitionic methods include: an anthropological, synthesis, statistics, partner, particular, systemic structural, legal modeling. In the Russian federation the prosecutor has judicial supervision in the criminal proceedings. Everything concludes that Federal Law of the Russian Federation No. 87-87-05.06.2007 redistributed control of the criminal proceedings by the investigator of the corporation a series of substantive rights of the chief prosecutor of the investigating body. In this sense, the optimal proportion of departmental control and tax supervision of the investigator, such as the establishment of a reasonable balance of these powers of control and supervision, increases the effectiveness of criminal prosecution of terrorism offences.
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Prentoulis, N. "Balancing tool or escape clause? Proportionality in temporary relief proceedings before the Greek courts." Journal of Intellectual Property Law & Practice 9, no. 10 (August 1, 2014): 796–97. http://dx.doi.org/10.1093/jiplp/jpu135.
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Reczek, Kamil. "Glosa do postanowienia Naczelnego Sądu Administracyjnego z 6 lipca 2016 r., sygn. akt. I OSK 1516/16." Studia Prawa Publicznego, no. 3 (39) (November 24, 2022): 175–83. http://dx.doi.org/10.14746/spp.2022.3.39.8.
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In its judgment of 6 July 2016, I OSK 1516/16, the Supreme Administrative Court ruled that proceedings initiated by the complaint referred in Art. 68 of the Act on Vehicle Drivers by a person subjected to a driving test is an administrative proceeding for the invalidation of the state driving test, which, pursuant to Art. 72 Clause 1 of the Act on Vehicle Drivers, should be concluded by an administrative decision. This means that the test taker has the right to challenge the conduct of a driving test in jurisdictional administrative proceedings, because he or she is entitled to initiate proceedings for its invalidation. It is a new, precedent-setting and favorable view for the examinee. Although it is also socially significant, because it concerns a common matter, it is impossible to agree with it, because in accordance with the intention of the legislator, the examinee is not entitled to initiate such proceedings. He or she only can signal in the complaint procedure specified in Section VIII of the Act of 14 June 1960 the Code of Administrative Procedure to the voivodeship marshal the need to initiate such proceedings ex officio.
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Miller, O., and A. Kharchuk. "ALGORITHM OF ACTIONS OF AUTHORIZED OFFICIALS OF THE SES DURING STATE SUPERVISION (CONTROL)." Fire Safety 38 (July 12, 2021): 12–17. http://dx.doi.org/10.32447/20786662.38.2021.02.
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Introduction. The concept of the SES stipulates that officials exercising state supervision (control) are obliged to detect and prevent violations of fire and technogenic safety requirements established by law [14]. Іn such situations, he bears full responsibility for violation of the requirements of fire, technogenic safety established by the legislation.Purpose. To propose an algorithm of actions of authorized officials during state supervision (control) in the field of technogenic and fire safety during the practical implementation of the provisions of the Civil Protection Code of Ukraine (further- the CZU Code) and the Law of Ukraine "On Basic Principles of State Supervision (Control)" Dated April 5, 2007 (further- Memorandum № 877).Methods. Analysis of existing regulations governing the implementation of state supervision (control) in the field of tech-nogenic and fire safety and its practical implementation by authorized officials of the SESResults. Ways to improve the activities of state supervision (control) in the field of fire and technogenic safety and the powers of officials to implement it are considered. The main directions of implementation of preventive measures by state supervision bodies are given. The necessity of using a new approach to the state management of fire, technogenic safety and civil protection is highlighted.
Conclusion. Order of the Ministry of Internal Affairs of Ukraine "On approval of the Instruction on registration of materials on administrative offences and recognition as invalid of some orders of the Ministry of Internal Affairs of Ukraine" from 27.07.2016 № 725 should be supplemented with a clause on the interaction of article 185-14КУпАП. "Creation of obstacles in the activity of authorized officials of the central body of executive power, which implements the state policy on state supervision (control) in the field of fire and technogenic safety, related to conducting inspections".
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Dalkowska, Anna. "Compulsory mortgage as a form of security for tax liability." Nieruchomości@ I, no. I (March 31, 2023): 33–64. http://dx.doi.org/10.5604/01.3001.0016.3038.
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The principle of tax fairness contained in Article 84 of the Constitution of the Republic of Poland commands the organs of the public authorities to shape tax mechanisms in keeping with the principle of equality and universality. Ensuring the effectiveness of tax revenue, as a fundamental duty of the legislature, determines the necessity of creating institutional guarantees that ensure the organs of the executive authority not only with supervision over taxpayers fulfilment of their fiscal obligations, but also the securing of the said obligations in the future via jurisdictional proceedings, claim-securing proceedings, as well as at the stage of applying coercive measures in administrative enforcement proceedings. It also leads to interference in regard to individual rights under constitutional protection, which determines the necessity to create institutional mechanisms for protecting taxpayers and monitoring the activities of public authorities, including in particular judicial-administrative supervision. This paper analyses the institution of tax mortgage, as one of the forms of security for the performance of tax obligations. As a limited right in rem, tax mortgage constitutes an effective means of securing the performance of tax liabilities, not only at the stage of tax inspection, but also in the course of administrative enforcement and claim-securing proceedings.
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Choung, Yong Hwan. "최근 인도 중재화해법 개정의 “사기와 부패”의 적용." Korea Association for Corruption Studies 27, no. 3 (September 30, 2022): 219–32. http://dx.doi.org/10.52663/kcsr.2022.27.3.219.
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Indian Arbitration and Conciliation Act was enacted in 1996 to accept a modern type of arbitration process in India. After 3 times of amendment in 2015, 2019 and 2021, the Act has taken a primary and dominant regulation to govern the arbitral proceedings in India. In the 2021 amendment, it contains the terms of “fraud” and “corruption” in section 36 of the Act. When the arbitral process was reduced or effected by fraud or corruption relate to the arbitration clause in the contract or the making of the arbitral award, it automatic stay as a pending case based on the party’s challenge. Even the law minister mentioned that India wanted to become a hub of arbitration center in Asia during the 2015 amendment, the recent amendment causes to retrogress of previous efforts in India. There are pros and cons in the 2021 amendment of Arbitration law. It simply realize that certain arbitration clause or arbitral award might be effected by types of fraud or corruption. Then, the Indian judiciary could prevent being induced these kinds and protect the arbitral parties. However, the recent amendment allows the court can intervene the arbitral proceedings by an application of “fraud or corruption” in arbitration. Because the section 36 in the Act is regulating the domestic arbitral award, the foreign investors might want to arbitrate their dispute in international arbitral institution outside of India.
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Roth, Joshua D., and Justin J. Santolli. "US Supreme court rules SEC administrative law judges are subject to the appointments clause." Journal of Investment Compliance 20, no. 1 (May 7, 2019): 22–26. http://dx.doi.org/10.1108/joic-01-2019-0003.
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Purpose The purpose of this paper is to analyze the Supreme Court’s decision in Lucia v. Securities and Exchange Commission, 138 S.Ct. 2044 (June 21, 2018). Design/methodology/approach The approach of this paper is to discuss the Securities and Exchange Commission’s (“SEC”) use of Administrative Law Judges (“ALJs”), and the litigation challenging the appointment of those ALJs, culminating in the Supreme Court’s decision in Lucia. Findings In Lucia, the Court held that SEC ALJs are “officers of the United States,” and thus subject to the Constitution’s Appointments Clause, which limits the power to appoint “officers” to the President, “Courts of Law” or “Heads of Departments.” Because the ALJ who presided over Lucia’s administrative proceeding was not appointed by the SEC itself, the Court held that the ALJ’s appointment was unconstitutional and ordered the SEC to provide Lucia with a new hearing in front of a new (constitutionally appointed) ALJ. Practical implications The Supreme Court’s decision in Lucia provides defense counsel with new ammunition to challenge SEC administrative proceedings. It will likely have a significant effect on many pending and already-concluded SEC administrative proceedings but also leaves open a number of important questions for further litigation. Originality/value This paper provides expert analysis and guidance from experienced securities litigators.