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1
Gwoździewicz, Sylwia. « THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION ». International Journal of New Economics and Social Sciences 1, no 1 (30 juin 2015) : 0. http://dx.doi.org/10.5604/01.3001.0010.3758.
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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor
2
de Jonge, Boudewijn. « Transfer of criminal proceedings : from stumbling block to cornerstone of cooperation in criminal matters in the EU ». ERA Forum 21, no 3 (10 juillet 2020) : 449–64. http://dx.doi.org/10.1007/s12027-020-00616-8.
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AbstractMost forms of international cooperation in criminal matters have now been regulated to some extent by European Union legislation. One classical form of cooperation has been so far largely immune from influence by the EU legislator, however. This is the area of transfer of proceedings. This article provides an overview of the current situation and argues that new life should be blown into earlier initiatives to improve this form of cooperation. Harmonisation in this area will prove an important step to facilitate the proper administration of justice in the common Area of Freedom, Justice and Security that the European Union is set to realise.
3
Maslennikova, L. N., et T. E. Sushina. « Experience of Criminal Proceedings Digitalization in the Federal Republic of Germany and Possibilities of its Use in the Criminal Proceedings Digitalization in Russia ». Actual Problems of Russian Law 15, no 6 (11 juillet 2020) : 214–24. http://dx.doi.org/10.17803/1994-1471.2020.115.6.214-224.
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The paper analyzes the experience of digitalization of the criminal justice of the Federal Republic of Germany as one of the leading states of the European Union with a high level of informatization of the public administration mechanism. The study of German theory and practice allowed us to conclude that the criminal justice of Germany is quite successful in adapting to the new digital reality and that it is possible to use positive experience in developing the Russian concept of building criminal justice that provides access to justice in the development of digital technologies. It is proposed to consider digitalization as an irreversible and logical process of the development of criminal proceedings, requiring adjustments to the organizational basis of criminal procedure. Along with this, it is concluded that digitalization may become a prerequisite for changing the architecture (construction) of pre-trial stages of criminal proceedings with their subsequent transformation into the initial stage of criminal proceedings prior to justice.
4
Hamitov, Radik N., Dmitriy Yu Tumanov et Rinat R. Sakhapov. « Origin of a Jury Trial in the European Countries ». Journal of History Culture and Art Research 6, no 5 (28 novembre 2017) : 152. http://dx.doi.org/10.7596/taksad.v6i5.1286.
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<p>Traditionally it is believed that the birthplace of the jury trial creation is England, but the issue of the birthplace location of this particular form of popular participation in the criminal justice administration is not yet fully resolved by the historical science. The continental lawyers were particularly interested in the jury trial among other institutions of English law, in which the English themselves identified the stronghold of the country's law and order, its political and civil freedom. It is not difficult to see that the main role was not played by the judges, but by the community representatives in this form of justice administration. Since then the community has been gaining more and more importance in England as a state body in the matter of justice administration, and the initial forms of its activity have being further developed in this direction. This works investigates roots of jury trial by basing on such methods as historical, systemic, formally logical, concrete-historical, comparative legal analysis method. The authors, in turn, come to the conclusion that the jury trial has its roots still in the Ancient States, but the classical modern model owes its origin to England.</p>
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Barbu, Denisa. « Remedy Action for Judicial Errors Committed in Criminal Proceedings in the Light of the Provisions of the European Convention of Human Rights and the Practice of the European Court of Human Rights ». Logos Universality Mentality Education Novelty : Law 10, no 2 (10 janvier 2023) : 01–12. http://dx.doi.org/10.18662/lumenlaw/10.2/72.
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In its desire to integrate into the European Union and to close chapter 24 of accession, entitled "Internal Affairs and Justice", Romania adopted a series of regulations in criminal matters aimed at ensuring the alignment of our legislation with that of the countries of the European Community. However, our country remained unable to openly recognize its gaps and mistakes in this field, as well as to take measures in the sense shown. Thus, the New Code of Criminal Procedure remained, further, very restrictive, not fully clarifying the hypothesis of persons sent to court in a state of freedom and who were unjustly convicted. This article deals with the issue of reparation for miscarriages of justice in criminal trials, as it has evolved in the light of the provisions of the European Convention on Human Rights and the practice of the European Court of Human Rights.
6
Milčiuvienė, Saulė, et Edita Gruodytė. « The Influence of the Court of Justice of the European Union on the Issuance of European Arrest Warrants in Lithuania ». Baltic Journal of Law & ; Politics 12, no 2 (1 décembre 2019) : 97–114. http://dx.doi.org/10.2478/bjlp-2019-0013.
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Abstract The European arrest warrant system is one of the greatest achievements in the development of cooperation in judicial matters among EU Member States. However, its implementation has raised many questions, resulting in referrals by national courts to the Court of Justice of the European Union (CJEU) for preliminary rulings. This article analyses the impact of the CJEU’s preliminary rulings on Lithuanian law concerning European arrest warrants. Specifically, the focus of the paper is institutional configuration and corresponding regulation in this field because/after the CJEU decided that (1) the Ministry of Justice cannot be considered a judicial authority because as part of the executive branch it cannot guarantee the protection of the parties’ fundamental rights; (2) however, the Prosecutor General of Lithuania can be considered a judicial authority because it participates in the administration of criminal justice and is independent of executive governance, and because its decisions to issue European arrest warrants are subject to judicial review.
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Verbruggen, F., et K. Verhesschen. « European arrest warrants and time-barred enforcement in the state of residence of the convicted person : Too much, too late ! » New Journal of European Criminal Law 11, no 1 (30 janvier 2020) : 40–53. http://dx.doi.org/10.1177/2032284420901781.
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The principle of mutual recognition is considered ‘the cornerstone of judicial cooperation’ in the European Union (hereafter EU). It requires Member States to recognise judicial decisions of other Member States, thus enabling a swift administration of justice. Within the field of criminal law, the Court of Justice of the European Union (hereafter CJEU) links this principle explicitly to the prevention of impunity, most clearly in the Popławski decision (following previous hints in Spajic or Petruhhin). It invokes this principle to oblige a Member State to execute a European arrest warrant (hereafter EAW) issued against one of its residents when the executing State cannot undertake to enforce the sentence itself due to, for instance, its domestic rules on limitation periods. In doing so, the Court overlooks the fact that those domestic rules may serve other fundamental interests and principles recognised by the EU and the CJEU itself, such as social rehabilitation and legal certainty. Moreover, a more balanced approach to (non-)recognition could also contribute to a swift administration of justice, namely as an incentive to the issuing State to avoid undue delays in the issuing of an EAW. Many States believe that, once a certain amount of time has elapsed since the conviction, the enforcement of a criminal sanction will become unfair or even counterproductive. The length of this period is proportionate to the seriousness of the conviction. As EU-broad harmonisation on the subject is unlikely in the short-run, mutual recognition should work both ways if the requested person has significant ties to the executing State.
8
Mujuzi, Jamil Ddamulira. « Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions : Issues Emerging from the Jurisprudence of the European Court of Human Rights ». European Journal of Crime, Criminal Law and Criminal Justice 24, no 2-3 (26 juin 2016) : 107–34. http://dx.doi.org/10.1163/15718174-24032088.
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Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.
9
Harfield, Clive. « From Empire to Europe : Evolving British Policy in Respect of Cross-Border Crime ». Journal of Policy History 19, no 2 (avril 2007) : 180–206. http://dx.doi.org/10.1353/jph.2007.0011.
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The second half of the twentieth century witnessed the metamorphosis of Britain from a global, imperial power to a full (if sometimes ambivalent) member of the modern regional partnership that is the European Union (EU). During the same period, transnational criminal activity was transformed from an arena in which criminal fugitives sought merely to evade domestic justice through self-imposed exile to an environment in which improved travel and communication facilities enabled criminals to commute between national jurisdictions to commit crime or to participate in global criminal enterprises run along modern business lines. This development is so serious that it is considered in some quarters a threat to national security and the very fabric of society.
10
Berdnik, I. V. « CRIMINAL RESPONSIBILITY FOR ATYPICAL FORMS OF OFFENCE AGAINST ENVIRONMENT UNDER THE LEGISLATION OF INDIVIDUAL COUNTRIES OF THE EUROPEAN UNION ». Scientific journal Criminal and Executive System : Yesterday. Today. Tomorrow 2021, no 2 (15 décembre 2021) : 7–20. http://dx.doi.org/10.32755/sjcriminal.2021.02.007.
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The article is devoted to the issues of criminal responsibility for atypical forms of offence against environment under the legislation of foreign countries. The urgency of the topic of the publication is predetermined by the fact that today one of the priorities of the Ukrainian state is to ensure and guarantee environmentally friendly living conditions for citizens and society, as well as preserve and restore natural resources as important elements of the environment. It is determined that the atypical encroachment is to reflect in the legislation of a particular country certain, special and specific properties of an illegal act and the damage caused by it, resulting in disruption of public relations, damage to property and goods associated with the circulation, use, restoration of water resources only in some countries. The peculiarities of atypical forms of encroachment on the environment under the legislation of foreign countries are presented and the ways of their implementation in the legislation of Ukraine on criminal responsibility are suggested. The results of studying the legal requirements of the European Union, which establish criminal responsibility for offences against environment, give grounds to conclude that they are somewhat similar, primarily due to the global processes of unification and harmonization of national criminal justice systems. To this end, it is necessary to ratify the Convention on the Protection of the Environment by means of criminal law dated 04.11.1998 and to bring the national legislation in line with its provisions. Based on the analysis of criminal legislation of Ukraine and foreign countries, it is concluded that in democratic societies with a perfect system of legislation and mechanisms of responsibility for criminal offenses against environment, a legislator is responsible for protecting natural resources as the elements of the environment. This approach makes it possible to protect the environment from illegal encroachments, as well as to prevent illegal actions of individuals. Key words: criminal responsibility, environment, atypical forms of encroachment, natural environment, natural resources, European Union.
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Nagy, Noémi. « Language Rights of European Minorities in the Administration of Justice, Public Administration and Public Services ». European Yearbook of Minority Issues Online 18, no 1 (1 juin 2021) : 113–40. http://dx.doi.org/10.1163/22116117_01801006.
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This article provides an overview of European minorities’ language rights in the administration of justice, public administration, and public services in 2019. Relevant legal developments are presented in the activities of the major international organizations, i.e. the United Nations, the Organization for Security and Cooperation in Europe, the European Union, and the Council of Europe. Since the most relevant treaties on the language rights of minorities in Europe are the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities, special attention is paid to the implementation thereof. Whereas international monitoring mechanisms devoted to the effective protection of minorities are abundant, language rights of national minorities receive less attention, especially in the fields of official language use, that is, in public administration and justice. The regulation of these areas has been traditionally considered as almost exclusively belonging to the states’ competence, and international organizations are consequently reluctant to interfere. As a result, the official use of minority languages differs in the various countries of Europe, with both good practices (e.g. the Netherlands, Spain, Finland) and unbalanced situations (e.g. Estonia, Ukraine, Azerbaijan).
12
Bilash, Oleksandr, et Nataliya Shelever. « Constitutional Principle of Justice in Ukraine in Its Genesis and Implementation in Practice ». Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no 1 (21 juillet 2022) : 55–65. http://dx.doi.org/10.32084/tekapr.2021.14.1-6.
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The authors study the principle of justice in Ukraine, focusing on the problematic issue – the violation of the principle of justice in the administration of law. An example is the decision of the Constitutional Court of Ukraine of 27 October 2020 No. 13-r/2020 on the abolition of electronic declaration of officials, which led to a constitutional crisis in the country. To resolve the situation, the President of Ukraine submitted to the Verkhovna Rada of Ukraine a bill on the dissolution of the Constitutional Court of Ukraine and the annulment of the above-mentioned decision of the Constitutional Court of Ukraine. The situation in the country is of great concern, as Ukraine’s visafree regime with the European Union and Ukraine’s expected membership in the European Union are under threat. Corruption, long-term judicial reform, the constitutional crisis, violations of the principle of justice lead to the outflow of foreign investment from Ukraine, mass migration of Ukrainians to developed countries of the European Union. All these factors hinder the development of the state as independent and democratic. It is concluded that a necessary step for Ukraine’s European integration is not only the declaration, but first of all the implementation of the principle of justice by all branches of Ukrainian power.
13
Glaser, Sebastian, et Sarah Hartmann. « CJEU : Germany’s Public Prosecution Authorities Cannot be Regarded as a “Judicial Authority” with Regard to EAWs—The Truth or a Misconstrual of the Legal Reality ? » German Law Journal 23, no 4 (mai 2022) : 650–60. http://dx.doi.org/10.1017/glj.2022.36.
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AbstractThe judgment rendered by the Court of Justice of the European Union (CJEU) on May 27, 2019, deemed Germany’s prosecution service (Staatsanwaltschaft) legally incompetent for the purpose of issuing European arrest warrants (EAW) due to its lack of institutional independence. As a consequence, the question of how the German criminal prosecution system differs from the approaches taken by other European countries issuing European arrest warrants arises and raises the question of whether the German prosecution service truly is insufficiently independent in this respect. Debates amongst legal scholars have ensued in the wake of the CJEU’s judgment—the Court not yet having proffered any solutions regarding the re-establishment of the institutional independence—and this article shall discuss the lack of independence and acquaint the reader with possible solutions.
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Mancano, Leandro. « Trust Thy Neighbour ? Compliance and Proximity to the EU through the Lens of Extradition ». Yearbook of European Law 40 (1 janvier 2021) : 475–514. http://dx.doi.org/10.1093/yel/yeab012.
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Abstract The principle of mutual trust between Member States is key to the functioning of European Union (EU) law. Rooted in sincere cooperation and equality of the Union’s States, that principle is premised on compliance with shared values, interests, and rules. This fosters close cooperation in many areas, such as law enforcement, as exemplified by the European Arrest Warrant Framework Decision (EAW FD). Outside the Union, the presumption is that the principle of mutual trust does not apply. This seems confirmed by the case law on the extradition of EU citizens, with the EU Court of Justice (ECJ) prioritizing intra-EU cooperation over forced transfer of Union nationals to the requesting third countries. As the EU has developed a sophisticated network of relationships with its partners, and neighbours especially, the question arises as to when, if at all, third countries can be trusted, and when that trust can be challenged. By using the benchmark of EU membership as the standard of legal proximity, this article analyses the EU’s relationship with some of its neighbours in cases of extradition. The article creates an analytical framework to tackle unanswered questions around mutual trust and cooperation in criminal matters, and to read into the future of the legal relationship between the EU and some third countries.
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Vatamanyuk, Anastasiya. « Refugees, as a challenge to the modern migration policy of the European Union ». Історико-політичні проблеми сучасного світу, no 33-34 (25 août 2017) : 85–89. http://dx.doi.org/10.31861/mhpi2016.33-34.85-89.
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The article presents migration policy of the European Union and its evolution under the influence of modern challenges, including the problem of Refugee.In the context of recent events, the problem with the number of refugees in the world is becoming more and more urgent. Due to the instability and the state of war, the policy of regulation and management of migration flows has deteriorated and complicated in general. This explains why the issue of solving the problem of refugees and illegal migrants is on the agenda in Europe today. To stop the huge flow of refugees can be possible only by applying the radical changes of the situation in the problem countries, such as Syria, Iraq, Afghanistan, etc, by not only fighting against migration, but also implementing appropriate administration.
The increase in the number of terrorist attacks, the social tension among the citizens of the recipient countries, the aggressive refugees’ attacks on peaceful citizens, the criminal action against the police and other executive branches, the mass riots in the developed, democratic countries lead to some correction of the European migration policy. The increased number of refugees in the last 5 years forces the European community not only to help and support the victims, but also to introduce stricter measures to protect their own borders, citizens and political stability.
Keywords: The refugees, the migration policy, the European Union, the donor countries, the recipient countries
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Huang, Xiaoqing. « Ensuring Taxpayer Rights in the Era of Automatic Exchange of Information : EU Data Protection Rules and Cases ». Intertax 46, Issue 3 (1 mars 2018) : 225–39. http://dx.doi.org/10.54648/taxi2018024.
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With the automatic exchange of information on tax matters (AEOI) developing into the new international standard, large quantities of information have been or will be subject to cross-border transfer. As a result, data play a significant role in the mechanism. Although the European Union is equipped with various legal sources in data protection, guarantees provided to taxpayers in AEOI legal instruments need to be further developed in order to be consistent with those provided by data protection rules in the European Union. This article analyses taxpayers’ right to data protection by studying the interrelationships between rules in EU Directives regarding administrative administration and those regarding data protection. Moreover, relevant Court of Justice of the European Union (CJEU) case law will be discussed in light of the afore-mentioned rules, highlighting the insufficiencies of prevailing AEOI legislation in ensuring proportionality and taxpayer protection in third countries. Finally, the newly adopted General Data Protection Regulation will be assessed.
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Wilk, Dariusz. « FORENSIC DATABASES IN POLAND. LEGAL ISSUES RELATED TO RIGHT TO THE PROTECTION OF PERSONAL DATA AND RIGHT TO PRIVACY ». Criminalistics and Forensics, no 66 (2021) : 285–305. http://dx.doi.org/10.33994/kndise.2021.66.23.
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Forensic databases are crucial resources in criminal justice systems, which allow for detection and identification of offenders. General Data Protection Regulation and Police Directive about processing of personal data were enacted in the European Union in 2016, which implied changes in national law and policy in processing genetic and biometric data by law enforcements. Therefore, current development of DNA and fingerprint databases in Poland were revealed and compared to other European countries. Changes in the law related to processing of genetic and biometric data were analysed. Issues related to the distinction between different categories of data subject and retention time of personal data were especially commented in the view of right to the protection of personal data and right to privacy.
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Josipović, Ivo. « Responsibility for war crimes before national courts in Croatia ». International Review of the Red Cross 88, no 861 (mars 2006) : 145–68. http://dx.doi.org/10.1017/s1816383106000099.
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This article analyses problems with which the Republic of Croatia, as a country in transition, has to contend during war crimes proceedings. A major characteristic of the recent wars waged on the territory of the former Yugoslavia is that war crimes were committed, though on a different scale, by all parties involved, irrespective of the political and other motives that prompted them to engage in armed conflict. Political unwillingness is the principal reason why national courts, including those in the Republic of Croatia, did not prosecute war crimes in accordance with internationally acceptable standards. The international community responded by setting up the International Criminal Tribunal for the former Yugoslavia (ICTY), the main objectives of which are to establish justice, render justice to victims and determine the historical truth. Implicitly, despite political and other opposition to its work, the ICTY is helping to define legal and ethical standards appropriate for a democratic society in the countries established on the territory of the former Yugoslavia. This is particularly important for the reason that all these countries aspire to membership of the European Union. The work of the ICTY, as well as proceedings before domestic courts, is therefore an important legal, political and moral catalyst on their way towards accession to the European Union. This is fully confirmed by the example of the Republic of Croatia.
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Sirotkina, Mariia, Olena Lomakina et Olena Shkarnega. « TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS ». Baltic Journal of Economic Studies 7, no 1 (22 janvier 2021) : 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.
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Oliinyk, Olena S., Roman M. Shestopalov, Volodymyr O. Zarosylo, Mykhaylo I. Stankovic et Sergii G. Golubitsky. « Economic security through criminal policies ». Revista Científica General José María Córdova 20, no 38 (1 avril 2022) : 265–85. http://dx.doi.org/10.21830/19006586.899.
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The article aims to identify the factors that have the greatest impact on economic security. Based on the study of legislative acts of the countries of the European Union, the United States, and relevant scientific literature, an analysis is made of the current situation in the field of economic security, exploring its constituent elements and factors influencing the security of the economy. Among them are ecology, the fight against crime, the financial and taxation spheres, innovative development, and the element itself as a component of the considered social relations, and processes, among others. The article outlines the key areas of public relations and other factors that influence the situation’s state concerning the issue addressed.
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Rudyk, Petro. « The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period ». Law Review of Kyiv University of Law, no 2 (10 août 2020) : 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.
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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.
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Comte, Françoise. « Environmental Crime and the Police in Europe : A Panorama and Possible Paths for Future Action ». European Energy and Environmental Law Review 15, Issue 7 (1 juillet 2006) : 190–231. http://dx.doi.org/10.54648/eelr2006022.
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Environmental crime is one of the most lucrative forms of criminal activity. The illegal dumping of hazardous waste, trafficking of dangerous substances and smuggling of protected natural resources is estimated to be worth between EUR18 and EUR25 billion per year. The trafficking of endangered species generates the highest revenue of all types of environmental crime and is widely considered to be second in value only to drug trafficking. Environmental crime is believed to be expanding constantly. In spite of this, it is not currently a political priority, having taken a back seat to anti-terrorism measures since 11 September 2001. This article aims to show that environmental crime is one of the most serious forms of criminal activity - it threatens the very existence of mankind. In order to do this, the article begins by advancing a definition of environmental crime, which is intended to allow the reader better to understand its implications for our society. An attempt is then made to provide a financial estimate of the worldwide value of this criminal activity, in order to shed light on its scale and diversity. Next, the article examines various examples from European Union (?EU?) countries (Member States and candidate countries) in order to illustrate the ways in which police combat environmental crime. Examples of international cooperation in this field are also provided. Finally, the article proposes a number of possible paths for future action which might push environmental crime up the criminal law and crime-fighting policy agenda in EU Member States and EU policy as a whole. In this respect, the recent judgment by the European Court of Justice (?ECJ?) concerning European Community competence in criminal law provides interesting material for reflection.
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Fjær, Svanaug. « Article ». Nordic Studies on Alcohol and Drugs 15, no 5-6 (octobre 1998) : 262–77. http://dx.doi.org/10.1177/1455072598015005-604.
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Svanaug Fjær: The European Union and Drug Policy. Integration through control and production of knowledge In this article the influence of EU initiatives on national drug policies is discussed with special attention paid to the separation between control and prevention in drug policy. At national levels, policy administration is separated between the ministries responsible for treatment and prevention and the ministries responsible for control and punishment. This separation is parallel to the division established by the pillar structure of the Treaty of the European Union. A study of the Europeanization processes at the central administration level in Sweden, Denmark and the Netherlands showed that the growth in co-operative activity in the EU has been largest in the Ministries of Justice, while, due to establishment of focal points in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the growth in the health sector has happened in administrative bodies outside of the ministries. The networks which are developed and the means available are different in the justice and health sectors. In the third pillar (justice), practical and technical cooperation have developed in the form of EUROPOL and the Early Warning System on Synthetic Drugs. Sharing of information and the development of a common knowledge-base seems to be the basis of first-pillar (health) cooperation. In the three countries studied the Ministries of Health, which traditionally have had a central position at the national level, seem to have been allotted a less important role in the international co-operation. It is, however, argued that the impact of co-operation in the EM-CDDA should not be underestimated. Both common control and the development of a European base of knowledge contribute to the integration process in the drug field, but the premises for the process are set by the demand for control.
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Ludwig, Anika, et Mary Marshall. « Using crime data in academic research : issues of comparability and integrity ». Records Management Journal 25, no 3 (16 novembre 2015) : 228–47. http://dx.doi.org/10.1108/rmj-05-2015-0017.
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Purpose – Research into crime is reliant on data that is recorded and published by criminal justice agencies; data which is collected for other purposes. Considering the suitability of geocoded crime data for academic research purposes, this paper will demonstrate the difficulties faced regarding the availability, integrity and reliability of readily accessible criminal justice data. Design/methodology/approach – Data from two countries – England and Germany – were considered and set in a wider European Union (EU) context. Using the data received from requests made to the Freedom of Information Act (FOIA) in England and openly published reports and data available from Germany, the authors provide a contextual picture of the availability and operability of data recorded by these agencies. Geocoded data that enable cross-national comparisons with respect to immigration, ethnicity and crime are particularly hard to locate, and conducting research using data (such as crime data) whose “integrity” is questionable in an academic environment becomes increasingly problematic. Findings – Analysing secondary data produced by a number of agencies are amplified due to the different methods of collection, management, retention and dissemination. It was found that even within England, the information provided by police forces varied greatly. Data in Germany were found to be more openly available and published electronically by a number of different criminal justice agencies; however, many of the issues apparent in English data regarding data integrity were also identified here. Originality/value – The need for good record-keeping and information sharing practices has taken on added significance in today’s global environment. The better availability of comparable criminal justice data has the potential to provide academics with increased opportunities to develop an evidence base for policymaking.
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Stepaniuk, R. L., et V. V. Kikinchuk. « Directions for improving the legal regulation of forensic DNA analysis in Ukraine in the context of integration into the European Union ». Bulletin of Kharkiv National University of Internal Affairs 97, no 2 (30 juin 2022) : 234–49. http://dx.doi.org/10.32631/v.2022.2.21.
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An analysis of European standards and main trends in the field of legal regulation of forensic DNA analysis has been carried out. It has been established that the general European legislation defines recommendations on the general principles of using DNA analysis within the framework of the criminal justice system, establishes the obligation of each state to create and maintain a national DNA database, exchange information based on DNA databases, take measures to protect personal data, store DNA profiles of persons convicted of sexual offenses against children, to accredit forensic laboratories to ensure the proper quality of molecular genetic research. Taking into account the experience of European countries, it can be seen that a comprehensive approach to the improvement of domestic legislation, namely the implementation of the law on the national DNA database, the introduction of amendments and additions to the current Code of Criminal Procedure of Ukraine, other laws and departmental regulations regarding the use of DNA analysis in criminal proceedings, is a necessary prerequisite for bringing this area of law enforcement to a new qualitative level.
Together with the adoption of the Law of Ukraine “On the State Registration of Human Genomic Information”, it is necessary to introduce changes and additions to the Code of Criminal Procedure of Ukraine in order to harmonize the provisions of these normative legal acts, which primarily concern the improvement of the procedure for obtaining samples for molecular genetic research. It has been substantiated that the experience of Germany and the Netherlands regarding the legal regulation of mass DNA testing at the stage of pre-trial investigation of serious and especially serious crimes can be useful for Ukraine. Taking into account the rapid development of forensic DNA analysis technologies and the introduction of the latest methods, which are characterized by a much greater degree of interference in the personal and family life of a person, compared to traditional methods of STR profiling, there is a need for a legislative definition of the permissible limits of forensic DNA research within the framework of criminal proceedings in Ukraine.
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Shavaleev, B. E. « CRIMINAL LEGAL COUNTERACTION TO FRAUDULENT USE OF ELECTRONIC PAYMENT FACILITIES IN RUSSIA AND ABROAD ». Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no 4 (2020) : 48–53. http://dx.doi.org/10.18323/2220-7457-2020-4-48-53.
Texte intégralRésumé :
Modern trends indicate an annual increase in the number of registered facts of fraud using electronic payment facilities, as well as the amount of damage associated with it, both in foreign countries and in the Russian Federation. This fact puts on the agenda the problem of improving measures of counteracting this type of crime. A significant element of combating crime is the optimization of criminal legislation, which determines the relevance of this study. The author carried out a comparative legal study of the criminal legislation peculiarities of Russia and foreign countries in terms of combating fraud using electronic payment facilities, notes special features of the conceptual apparatus and legal technique used in domestic and foreign criminal laws. The paper investigates the legal penalization of the above act, the legal technique of formulating the disposition of the corpus delicti providing for liability for fraud using electronic means of payment. The author highlights the wide use of restitution in the criminal legislation of the European Union states. Based on the results of the study, the author determined the features of criminal-legal counteraction to fraud using electronic payment facilities in Russia and abroad, formulated the proposals to improve the criminal legislation in terms of combating fraud using electronic means of payment. More precisely, the author suggested a draft article of the RF Criminal Code establishing liability for illegal use of electronic payment facilities bringing to the uniformity of the law enforcement practice and implementation of the principle of justice of punishment.
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Konikowska-Kuczyńska, Justyna. « Publication of a Hyperlink and Communication of a Work to the Public within Court of Justice of the European Union and Courts of Selected European Countries Case Law ». Studia Iuridica Lublinensia 31, no 2 (22 juin 2022) : 117–43. http://dx.doi.org/10.17951/sil.2022.31.2.117-143.
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Darmin, M. O. « Types of international judicial institutions and their role in ensuring the right to judicial protection ». Uzhhorod National University Herald. Series : Law, no 64 (14 août 2021) : 363–67. http://dx.doi.org/10.24144/2307-3322.2021.64.66.
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The article is devoted to the study of the types of international judicial institutions and their role in ensuring theright to judicial protection. It is noted that the Manila Declaration provides for a judicial settlement of disputes andarbitration. The International Court of Justice is the principal judicial organ of the United Nations. The InternationalCriminal Court is the permanent body with jurisdiction over persons responsible for particularly serious crimes, inaddition to national criminal jurisdictions. The Inter-American Court of Human Rights is an independent, conven-tional body whose function is to protect human rights in the states of North and South America. The Arab Court ofHuman Rights has not yet begun its work, although the Court’s mandate allows States parties to lodge complaints.The African Court of Human and Peoples’ Rights is an independent body whose purpose is to protect human rightsin African countries. The jurisdiction of the European Court of Human Rights extends to all matters of interpretationand application of the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols.The Court of Justice of the European Union interprets EU law and provides for the settlement of disputes by the EU’snational government-institutions. It is emphasized that regional judicial institutions are designed to protect the rightsand freedoms of man and citizen. They are part of a subsidiary human rights protection mechanism that can be applied once all national remedies have been exhausted. Recourse to the International Court of Justice or arbitration isnot an unfriendly act in relations between states, but on the contrary indicates the use of peaceful means of dispute settlement. Unlike other international courts, only international criminal tribunals can be joined in a single proceeding.
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Klip, André. « The European Arrest Warrant, from Mutual Recognition to Mutual Supervision ? » European Criminal Law Review 12, no 1 (2022) : 82–100. http://dx.doi.org/10.5771/2193-5505-2022-1-82.
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Mutual recognition is the rule which guides cooperation in criminal matters within the European Union. Whilst intended to facilitate and make cooperation faster, the Court of Justice has done exactly the opposite in its case law. It has raised the thresholds for cooperation between the Member States by creating more formalities, causing delay and it does so without strengthening effective legal remedies for the citizen. Member States must assess detention circumstances elsewhere, the status of the issuing judicial authority, as well as make an assessment of the judicial independence of the judiciary of the issuing Member State. These three cumulative developments have led to a situation in which Member States mutually supervise each other. The concept of dual level of protection, as introduced by the Court, triggers two procedures that will be necessary: one, in the issuing Member State, before the European Arrest Warrant (EAW) is issued, and another in the executing Member State when it must be executed. However, the requested person does not benefit from effective judicial protection because of their absence when the EAW is issued. This would only be the case when it would be possible for the requested person to challenge the need for the EAW in the context of the existence of alternatives to surrender that might be less violative of the freedoms and rights of the requested person. Such an overall assessment of the legal position of the requested person would require a single joint level of protection, involving both Member States and the requested person in one procedure in order to safeguard that all interests at stake are considered, impunity is prevented and thus a fair administration of justice is ensured.
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Aliyeva, Zamina. « Innovation in healthcare management : drug decriminalization for reducing the health damage from crime ». Marketing and Management of Innovations 1, no 1 (2022) : 37–57. http://dx.doi.org/10.21272/mmi.2022.1-03.
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The article focuses on the positive impact of drug legalization on reducing crime and violence's impact on health. The authors considered the potential of an innovative approach to crime prevention and health care improvement. Criminalization may reduce drug harm, but the current criminal-justice approach to drugs is not working enough. Drug use is still widespread, public. The personal harms are significantly large. There are a lot of short- and long-term health effects from crime and violence. The World Health Organization affirms that rates of drug use are unrelated to how effectively drug laws are enforced. Thus, it is actually to find new possibilities and develop new methods to reduce crime level and its negative influence. Drug decriminalization is one of such important issues. This article aims to investigate drug decriminalization for reducing the health damage from crime in the context of innovation in healthcare management. There is a comparative analysis of some drug legalization policies: decriminalization of the use and possession of all illicit drugs (with the control of their legal supply) or legalization of the use and supply of cannabis etc. The dynamic analysis of data for different types of crime, such as unlawful acts involving controlled drugs or precursors, intentional homicide, assault, kidnapping, sexual assault, and other violent crime both in two groups of countries – with criminal-justice and innovation health care (including drug decriminalization) approaches were taken. Portugal, Switzerland, Netherlands, Czechia are among the countries of the second group, which have decriminalized drug use and possession for personal use and have invested in harm reduction programs. The research consists of data for 25 European countries for 2008-2018 (the time limit of 2018 is determined by available statistics of the statistical service of the European Union, World Health Organization, UN Office on Drugs & Crime Databases, etc.). Based on the correlation and regression analysis, it is substantiated that drug decriminalization is an important factor in reducing the health damage from crime.
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Bazov, Olexandr. « Questions of the Legal Status of a Kosovo Specialist Chambers and Specialist Prosecutor’s Office ». Law Review of Kyiv University of Law, no 2 (10 août 2020) : 433–40. http://dx.doi.org/10.36695/2219-5521.2.2020.85.
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In the current conditions of the active development of the international criminal justice system from the Nuremberg and TokyoWar Crimes Tribunals, and after – the International Criminal Tribunals for the former Yugoslavia and for Rwanda, international criminaljudicial authorities of the so-called «new wave» or «third generation» are in the field of view of the science of international law, thestudy of the legal and institutional foundations of which represents significant scientific and practical interest.
The legal and institutional foundations of the activities of a Special Court in Kosovo (the name also used to denote the KosovoSpecialist Chambers and Specialist Prosecutor’s Office) in the science of international law, in our opinion, has not sufficiently studied.We believe that this is due both to the fact that this Court, as new type of international criminal justice, was created recently, aswell as to the insignificant and contradictory practice of its judicial activity.Considering the foregoing, the aim of the article is to study the legal and institutional foundations and activities of a Special Courtto investigate war and other international crimes that were committed on the territory of Kosovo and which occupies a special place inthe international criminal justice system, given the specific features of its creation and activities, the formations of its international andnational components.The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the creationand activities of the Court, in Ukraine is being done for the first time.As the same time, during the scientific study, it was taken into account that this Court was created with the active participationof the United Nations, the Council of Europe, the European Union and also individual countries, as well as Kosovo in ordered to pro -secute for the commission of international crimes during the armed conflict in the territory of the former Yugoslavia, the «winners» –the former leaders of the Kosovo Liberation Army (UÇK), who were never prosecuted for their commissions of international crimesduring the activities of the International Criminal Tribunal for the former Yugoslavia (ICTY).
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Perkowska, Magdalena. « Przerzut migrantów przez polską wschodnią granicę – studium przypadku ». Studia Migracyjne – Przegląd Polonijny 47, no 22 (180) (2021) : 57–85. http://dx.doi.org/10.4467/25444972smpp.21.020.13776.
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Celem artykułu jest przedstawienie mechanizmu działania zorganizowanych grup przestępczych, które podejmują się ułatwiania przekraczania granicy państwa wbrew przepisom. Rozważania oparto o analizę dokonaną na podstawie studium przypadku sprawy karnej, w której sprawcy zostali skazani za organizowanie innym osobom przekraczania wschodniej granicy Polski wbrew przepisom, podjęte w ramach zorganizowanej grupy przestępczej. Zweryfikowano, czy zgodnie z doniesieniami Straży Granicznej oraz Komisji Europejskiej w analizowanym przypadku mamy do czynienia z działaniem międzynarodowej transgranicznej grupy przestępczej, czy jedynie siatki lokalnych grup przestępczych funkcjonujących na obszarze poszczególnych państw i współpracujących ze sobą. Na podstawie przyjętej metody badawczej ukazano strukturę oraz sposób działania grupy. Część rozważań poświęcono reakcji prawnokarnej na zjawisko głównie w oparciu o wysokość orzeczonych kar przez wymiar sprawiedliwości. Dokonano analizy orzeczonych kar w przedmiotowej sprawie i porównano je z polityką karną polskiego wymiaru sprawiedliwości w zakresie art. 264 § 32 i 2583 kk. Wysokość orzeczonych kar zestawiono z postulatami wynikającymi z implementacji prawa Unii Europejskiej. Migrant Smuggling Through Poland’s Eastern Border – the Case Study The aim of the article is to present a mechanism for the operation of organised crime groups which undertake to facilitate the crossing of a state border against the rules. The deliberations were based on an analysis made on the basis of a case study of a criminal case in which the perpetrators were convicted of organising the crossing of Poland’s eastern border by other people in contravention of regulations, undertaken as part of an organised criminal group. It was verified whether, according to reports from the Border Guard and the European Commission, we are dealing with the activity of international cross-border criminal group or only with network of local criminal groups operating on the territory of individual countries and cooperating with each other. On the basis of the research method adopted, the structure of the group, its mode of operation and the characteristics of foreigners were shown. Part of the deliberations was devoted to the criminal law reaction to the phenomenon mainly based on the level of penalties imposed by the justice system. The penalties imposed in the case in question were analysed and compared with the criminal policy of the Polish justice system within the scope of Article 264 § 3 and 258 of the Criminal Code. This was juxtaposed with the postulates resulting from the implementation of European Union law.
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Lovas, Dóra. « Relevance of the Court Decision on the Hinkley Point Nuclear Power Plant in Relation to Paks II ». Studia Iuridica Lublinensia 30, no 2 (30 juin 2021) : 305. http://dx.doi.org/10.17951/sil.2021.30.2.305-317.
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<p>The aim of the article is to present the ruling of the Court of Justice of the European Union (CJEU) in the case of the Hinkley Point C nuclear power plant. This investment can also be related to the Paks II nuclear power plant investment, therefore the two investments are compared too. Both projects were examined by the European Commission, which take an important part when the national aid was awarded to Hinkley Point C and Paks II projects, and the decision of the CJEU also had influence on it. The author considers the European Commission’s aid conception positive, because the less developed countries are not forced to use only the renewables, but the environmental and security aspects of nuclear energy are also allowed (e.g. Hinkley Point C and Paks II nuclear power plants). The subsidy was allowed in both cases, but the reasons are different. In these cases, the limits of the EU energy politics can be seen, i.e. the right to select the package and the priority of the energy security and sustainable development. To mention an example for the difference, in Great Britain the energy sector was divided among the participants on the market but in Hungary the nuclear energy remained under state control. In the first option the state wanted to prove that it grants offset for the help to the general market services and in the second option the market investor principle was highlighted in order to show no other market participant act in other way. These points were not accepted, the state aid was provided both cases with permissible reasons because the projects condescend the goals of environmental policy and energy security. The decisions show that as a result of the efforts to protect the environment the dependency on energy increased and it cannot be solved only be encouraging the usage of the renewables. The permissive attitude of the European Commission can be found here and it is influenced by the increased state regulative roles. According to the author, it also appears in the environmentally friendly decisions which refers to the Paris Agreement’s fulfilment and the involvement of environmental requirements into politics. Moreover, the European Union tries to maintain its leader role in economics, which can be reached by the decrease of energy dependency and the exclusive usage of renewable energies is not the appropriate solution. The CJEU judgement is relevant in several respects. The article focuses primarily on the issue of environmental protection, state aid and the relation between the Euratom Treaty and the Treaty on the Functioning of the European Union.</p>
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Grásgruber, Miloš, et Petra Mísařová. « The specifics of applying value added tax for local authorities ». Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 58, no 3 (2010) : 67–78. http://dx.doi.org/10.11118/actaun201058030067.
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If local authorities units carry out an economic activity, are considered to be taxable under Act No. 235/2004 Coll., On Value Added Tax as amended. Adjustment of VAT in all countries of the European Union is based on Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax as amended. The application of this directive is binding for all EU member states and national treatment of VAT may diverge from the Directive only in cases where the Directive permits. Decisions of the European Court of Justice are of considerable importance during the interpretation of the Czech VAT Act.For the municipalities and regions article defines the activities that are considered to be an economic activity and activities that are deemed to exercise of public administration and are not therefore subject to VAT. Further the paper defines the concept of turnover of local authorities. At paper there are evaluating the impact of the application of VAT on municipalities and regions in the provision of the individual fulfillment. Great attention must municipalities and region devote to the problem of correct application of claim to tax deduction if they carry out the exercise of public administration, taxable activities and fulfillments exempt from VAT.
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Jureńczyk, Łukasz. « Democratic Backsliding in Poland : The Importance of the Values of Liberal Democracy and the Rule of Law in Polish-American Relations ». Historia i Polityka, no 42 (49) (7 décembre 2022) : 97–116. http://dx.doi.org/10.12775/hip.2022.033.
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: Reforms implemented in recent years by the Polish government of Law and Justice party are described as a manifestation of democratic backsliding. Changes in the judiciary and the media are seen as the main signs of departing from the basic values of liberal democracy and the rule of law. They met with strong international criticism, mainly from the institutions of the European Union and Western European countries. These changes are also observed with concern in the United States, but so far the US reaction has been moderate. This was primarily due to the limited interest of President Donald Trump’s administration in promoting democracy. Later, this issue has been overshadowed by the destabilization of military security in the region. Anyway, the US reaction to the deviation of the Polish authorities from the principles of the democratic state of law must be decisive, but also constructive, based on dialogue, cooperation, clear criteria and a joint search for solutions. First of all, it must not violate the American security guarantees towards Poland.
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Valantiejus, Gediminas. « Legal Aspects of the Implementation of European Union’s Common Commercial Policy : Lithuanian Experience and Practice ». Economics and Culture 13, no 2 (1 décembre 2016) : 61–76. http://dx.doi.org/10.1515/jec-2016-0008.
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Abstract The Common Commercial Policy is the essential basis of the European Union (hereinafter - the EU), which, in particular, is a free trade area between the 28 Member States with a common external customs tariff and a common foreign trade policy as well as common trade rules with the third countries. Implementation of this policy is characterized by the fact that it is based on an exclusive competence of the EU, which after the Treaty of Lisbon (2009) became even more apparent. Therefore the countries of the EU should follow the same legal principles and rules in the regulation of their foreign trade, that is to apply the uniform EU rules on the calculation of customs duties and determination of the customs origin of goods, customs valuation and tariff classification of goods (Common Customs Tariff). However, implementation of these provisions is always experiencing stress due to the different interests of the EU Member States and the different national practices, especially when the administration of customs duties is actually implemented only at the level of individual EU Member States. Therefore the aim of the article is to assess the implementation of the EU’s CCP from the perspective of the EU Member State (Lithuania) and to describe existing discrepancies which may serve as an obstacle for the development of common regulatory regime for import customs duties in the EU or hinder its main economic goals in international trade. Analysis of relevant scientific problems is mainly based on the comparative method (comparison of the practice of the national courts in the Republic of Lithuania and the Court of Justice of the European Union in disputes related to the functioning of the EU's customs union) and generalization of professional experience (national and EU judicial practice). The research leads to the conclusion that a uniform implementation of Common Commercial Policy and the Common Customs Tariff, as its main element, is not fully ensured on the practical level from the perspective of certain Member States (i.e. Lithuania).
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Harskyi, Oleksandr, et Svitlana Didyk. « Anti-patterns in criminal proceedings : forms of fixation in criminal proceedings ». Slovo of the National School of Judges of Ukraine, no 3(36) (17 novembre 2021) : 100–116. http://dx.doi.org/10.37566/2707-6849-2021-3(36)-8.
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The form of the evidentiary process also determines the form of administration of justice. The question of which was investigated in the article is a usual aspiration to improve the process of proving, thanks to the change of the procedural form of fixation in criminal proceedings. So far, the main means of fixing the course and results of a procedural action is a protocol. Even if the legislator necessarily provides video recording as an alternative form of fixation (for example, during the search), the protocol remains the main means of documenting the procedural actions of the body of pre-trial investigation. In the article the author tries to show the dependence of criminal procedural activity of subjects of proving and the court from the protocol, the influence of this means to the modern process of proving and makes a conclusion that the mentioned «pattern» is a bad decision in law-enforcement activity, that is antipattern. In addition, the evolution of the protocol as a form of fixation in criminal cases (pre-revolutionary period and the Soviet time), as well as a certain comparison of the existing procedural legislation of Ukraine and Western European countries in terms of forms of fixation in criminal proceedings and the impact of such forms on the process of proving is studied in a certain way. With the development of technology, as well as with the existing modern digital technology, including in the daily life of every person, it would be obvious to change this form of recording of criminal proceedings to audio-video recording. In addition to the effectiveness of such a means, the saving of procedural time of the preliminary investigation and the court should be taken into account. As for the issue of informativeness and preservation of information for the future, the advantages in such a form are obvious. Behind the antipattern there is always a place for a pattern, which, due to reasonable patterns, will be able to provide the state policy in the field of criminal prosecution with effective forms of means of proof. Keywords: criminal procedure, criminal procedure, criminal procedural activity, forms of proof, anti-pattern.
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Jeretina, Urša. « Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia ». NISPAcee Journal of Public Administration and Policy 9, no 1 (1 juin 2016) : 191–222. http://dx.doi.org/10.1515/nispa-2016-0009.
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Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.
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Bekteshi, Enertila. « European Parliament the Democratic Representative for the People of Europe ». Mediterranean Journal of Social Sciences 8, no 1 (26 janvier 2017) : 340–46. http://dx.doi.org/10.5901/mjss.2017.v8n1p340.
Texte intégralRésumé :
Abstract The history of the European Parliament can be seen as part of the development process toward a federal parliament supported by some researchers, but however another viewpoint of EU nature, as an international organization would be influenced from the European Parliament’s viewpoint as well. It has been admitted that formal upcoming changes have turned it into a codecision-maker with the Council of Ministers. There isn’t any other organization, where the member countries should share the decision-making process with the institutions which have been selected directly. In fact, during the creation of the united Europe, the power of the European Parliament have continuously increased trying to reduce the “democratic deficit” for which the Community is accused. Also the role of the EP role as an alternative point of access in the "policy-making'" process for interests that feel excluded from the domination of business interests could help in building a sense of European Identity among such groups in the longer term. The European Parliament appoints an Ombudsman, who may receive complaints from any citizen of the Union or from any other natural person or legal entity living or having his/her statutory residence/registered office in a member country. The cases handled by an Ombudsman are related to the bad administration of the institutions or community bodies’ activities except the Court of Justice and the General Court in their court functions. The Ombudsman works in full competence and does not accept or require directives from any other organization. During his assignment must not perform any other professional activity for free or against payment. He is appointed by the European Parliament with the same duration of his legislature having a renewable mandate. In the DPB are provided also the Ombudsman’s norms that might have in the cases of bad administration in conjunction with the activity of institutions in this sector. Thus, it will be solved the problem of accusation for lacking of transparency addressed to this sector.
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Koropetska, S. O., et V. A. Savchenko. « Prospective areas of improvement of forensic expert activity based on international experience ». Analytical and Comparative Jurisprudence, no 4 (27 novembre 2022) : 348–52. http://dx.doi.org/10.24144/2788-6018.2022.04.63.
Texte intégralRésumé :
The article identifies the main promising directions for the improvement of forensic expert activity based on the analysis of current criminal procedural legislation, scientific sources, as well as the practical performance of this activity in foreign countries. It is highlighted that the European integration of Ukraine necessitates the adoption of world standards in the field of forensic examination.
In the modern world there is a fairly large number of specialised international organisations, whose work is related to international cooperation in the field of activities of forensic institutions, conducting certain types of expert research. Among them the European Network of Forensic Institutes (ENFSI) has significant importance. In addition to the general work in the field of quality and competence management, research and development, education and training, 17 different expert working groups deal with various forensic researches. It includes 54 expert institutions, 41 of which are located in the member states of the European Union. Therefore, the European Commission has recognised ENFSI as a monopoly organisation in the field of forensic examination.
Recently, Ukrainian forensic expert institutions have been closely cooperating with ENFSI. This can be seen in the example of the Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice of Ukraine (KNDISE), which maintains close international relations with scientific establishments, educational institutions of foreign countries, international and non-governmental organisations. KNDISE became a member of ENFSI in 2017.
It was concluded that the task of an expert in any country is the same - to conduct a certain type of examination that will help resolve a legal dispute or simply a conflict situation using his special knowledge. Of course, each state has its own legal system, historically developed legal traditions, but forensic expert activity is based on common, first of all, scientific principles and methods. What is important in this activity is the establishment of cooperation and the exchange of acquired experience and technologies, the search for new ways and approaches to interaction.
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Harust, Y. V., et V. V. Mirgorod-Karpova. « General principles of organization and activityof judges in Ukraine ». Legal horizons, no 26 (2021) : 107–11. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p107.
Texte intégralRésumé :
In the conditions of active development and improvement of the system of public administration in the world, the role of public service as a defining feature of a democratic and legal state is strengthening. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and enshrine in national legislation such an institution as a public service. This became a lever that launched the process of reforming the government system in the country and determined the right vector for the development of public service in Ukraine. Given the current indicators of public confidence in the judiciary, it can be argued that the institution of public service in the judiciary is purely formal, and therefore this issue is relevant and needs to be addressed as soon as possible. In view of this, we believe that the introduction of the new Concept, which will consolidate the legal status of a judge as a public servant of a court of general jurisdiction, will be the beginning of the real functioning of a judge of a court of general jurisdiction on the basis of public administration. The study revealed the general principles of organization and activity of judges of general jurisdiction courts in Ukraine. The legal status of judges is outlined and the key features of such status are identified. The existence of the “judge-public servant” model is substantiated. The study emphasizes that judges of courts of general jurisdiction directly implement the basic functions of justice, and the level of their legal status depends on the authority of the judiciary and the efficiency of justice in Ukraine. Courts of general jurisdiction are the main link of specialized courts for civil, administrative and criminal cases and are the closest to the population, and therefore, a clear definition of their legal status is now essential. It is suggested that under the public service in the judiciary of Ukraine, first of all, one should see politically neutral, professional activity of a judge in courts, judicial authorities and other state bodies of the justice system and institutions for organizing and ensuring the activities of courts and judges.
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Kochenov, Dimitry. « Democracy and Human Rights-Not for Gay People ? : EU Eastern Enlargement and Its Impact on the Protection of the Rights of Sexual Minorities ». Texas Wesleyan Law Review 13, no 2 (mars 2007) : 459–95. http://dx.doi.org/10.37419/twlr.v13.i2.7.
Texte intégralRésumé :
Gays and lesbians in Central and Eastern European countries (CEECs) did not have any rights under communism, where homosexuality had either been a criminal offence or, at best, the official attitude towards it could be characterised as repressive tolerance. The development of civil rights and freedoms, which started after the collapse of the communist regimes, did not immediately result in a break through in the sphere of gay rights: "[i]n the midst of the multifaceted transformation of [the CEECs], the status of gay and lesbian residents has undergone varied and dramatic changes and is still in flux." Many hopes for change in this situation were related to the process of enlargement of the European Union (EU) and were fuelled by the belief that the EU would ensure that no country turning a blind eye to the problems related to gay rights and allowing discrimination on the basis of sexual orientation would be permitted to join. As it turned out, these hopes were only partly justified. The actions of the EU were timid, ill-focused, and stopped short of realising the potential for change offered by the legal context of enlargement preparation. Such developments can be explained by the limited nature of Community competences in this field, especially true at the very beginning of the enlargement process and which were certainly influenced by the questionable gay rights record of the European Court of Justice (ECJ). The EU did not decouple the pre-accession human rights monitoring of the candidate countries from its own internal incompetence in the field of gay rights and the limited scope of the acquis in this area. While the situation improved slightly over the last few years preceding the enlargement, it is clear that the current adopted practice is unsustainable and that the EU should seriously consider allowing gay rights to play a more prominent role in the course of the preparation of future enlargements.
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Bakutin, Yevhen. « Analysis of European and national experience performance of police enforcement activities ». Law Review of Kyiv University of Law, no 1 (15 avril 2020) : 328–32. http://dx.doi.org/10.36695/2219-5521.1.2020.65.
Texte intégralRésumé :
The article reflects the experience of European countries, where much has been done to transform the police into an effective state institution, which enjoys the trust and respect of citizens. The basic organizational and legal foundations of the police - one of the oldest and inalienable components of world civilization, the conceptual justification of the reliable protection of individuals, society and the state from criminal attacks, the rule of law, public safety are considered.
Formulating the purpose of the article. The use of technical means of fixing offenses is one of the essential elements of a highly developed society. At the same time, Ukraine is actively pursuing its foreign policy towards accession to the European Union. That is why the integration intentions of our state necessitate the systematic improvement of the use of technical means of fixing offenses. Resolving objections and conflicts requires the proper regulation of the procedure for bringing the offender to justice, which, in turn, requires comprehensive scientific studies of these problems.
Technological advances have led to new challenges for human rights, as legal regulation tends to regulate existing legal relationships and does not account for the emergence of new forms. A striking example of this is the geometric progression of the use of technical means of fixing offenses by the police in compliance with public order.
According to the analysis of the law enforcement practice of the use of technical means, quite often leads to strong objections between citizens and representatives of authorized state bodies, which need their resolution and resolution. This is especially the case for the use of technical means of fixing offenses for the purpose of counteracting offenses, and also when using these technical means as evidence.
Police activity is one of the foundations for the promotion and development of pan-European values. However, in order for it to be effective, it is essential that the police respect human rights, the rule of law and the principles of democracy - otherwise these pan-European values will be threatened.
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EFE, Ahmet, et Sinan YAZICI. « LAW REFORM IN PUBLIC ADMINISTRATION WITHIN THE FRAMEWORK OF THE RULE OF LAW AND INTERNATIONAL LAW : THE CASE OF TURKEY ». İşletme Ekonomi ve Yönetim Araştırmaları Dergisi 6, no 1 (25 janvier 2023) : 132–56. http://dx.doi.org/10.33416/baybem.1162895.
Texte intégralRésumé :
The rule of Law is one of the critical concepts that guarantee the existence of a state. This concept becomes even more critical, especially in the mechanisms of the state that are directly related to the public, such as public administrations. Although the idea of the rule of Law is ontologically vital for the countries, it is essential to correctly determine the elements that constitute the Rule of Law in public administration and the internal and external factors. In addition, the relationship between public administration reforms and justice reforms, the effects of the Rule of Law, or how to increase and better integrate the rule of law dimensions in public administration reforms may constantly come up.
In this research, the effect of supranational institutions such as the United Nations and the European Union, which are external factors, on establishing the Rule of Law in public administrations is examined through the example of Turkey. The study claims that supranational institutions such as the UN and the EU have essential effects on establishing law. After the beginning of the 2000s, when the EU membership process started to be especially effective, reports on Turkey produced by both the UN and EU institutions were discussed. Problems, the relations between them, and the reforms made in Turkey are examined, and the adequacy of the reforms made in Turkey in ensuring the Rule of Law is discussed. Even though events such as terrorist incidents and coup attempts have caused severe disruptions in practices in Turkey, it has been concluded that the public administration and legal reforms made significant contributions to the Rule of Law.
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Kirilenko, V. P., et D. S. Molokovskii. « International Legal Aspects of Control of Trafficking in New Psychoactive Substances ». EURASIAN INTEGRATION : economics, law, politics 16, no 1 (29 mars 2022) : 77–85. http://dx.doi.org/10.22394/2073-2929-2022-01-77-85.
Texte intégralRésumé :
Aim. To analyze relevant provisions of the main national and international regulatory legal acts in the field of monitoring and control of new potentially dangerous substances.Tasks. To study the current legal regulation of legal and illicit trafficking of new psychoactive substances in the Russian Federation and the EAEU states. To examine new amendments in the legislation of the European Union regulating the substances traffic control and illicit traffic countering. To provide an overview of the procedures of new psychoactive substances scheduling under the International Drug Control Conventions. To formulate proposals for improving the national and international anti-drug legislation.Methods. The methods of logical and comparative legal analysis, as well as the legal prediction method have been used in this article.Results. The legislation of the EAEU countries in the field of the control of the legal and illicit trafficking of new psychoactive substances needs to be improved and harmonized. The substances scheduling procedures under the international drug control conventions in the EU and the UN are very difficult multi-stage and excessively long. The timing of adoption of new regulatory acts certainly does not correspond to the potential danger of uncontrolled trafficking of new potentially dangerous psychoactive substances for public health.Conclusion. The penalties under Art. 234.1 of the Russian Federation Criminal Code “Illicit trafficking of potentially dangerous psychoactive substances” should be toughened. The legal procedure for forming the state Register of new psychoactive substances must be changed. In the EAEU countries, it should be necessary to make agreement at the interstate level about a uniform approach to the introduction and content of criminal justice responses to the illicit trafficking of new psychoactive substances. In the EU countries and in the frame of the UN, the scheduling procedure under international drug control should be changed regarding new psychoactive substance. All such substances of this kind should be included in a Special Annex for which certain agreed control measures would be prescribed, with the possibility of subsequent expert evaluation of the potential danger of the substance to individual and public health. These established control measures in the fut ure might be toughened or reduced based on the WHO Expert Committee on Drug Dependence critical review and the Commission on Narcotic Drugs (CND) position.
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Tsourdi, Evangelia (Lilian). « Of Legislative Waves and Case law : Effective Judicial Protection, Right to an Effective Remedy and Proceduralisation in the EU Asylum Policy ». Review of European Administrative Law 12, no 2 (31 décembre 2019) : 143–66. http://dx.doi.org/10.7590/187479819x15840066091286.
Texte intégralRésumé :
This article explores the multifaceted relationship between the principle of effective judicial protection, the fundamental right to an effective remedy, and secondary EU procedural rules in asylum. Proceduralisation has been an explicit goal of the EU asylum policy since its inception. It has materialised in three legislative waves. The first resulted in the creation of a basic set of procedural guarantees, alongside a plethora of exceptional procedures. The second resulted in modest improvements in terms of harmonisation, and adherence to fundamental rights, but saw exceptional procedural arrangements either retained or introduced. The third, forthcoming wave, aims at further harmonisation that risks, however, being heavily focused on the underlying goal of externalising protection to third countries. Case law of the Court of Justice of the European Union has further refined procedural guarantees shaping national procedural autonomy. Drawing from the Charter rights to good administration and to an effective remedy, the Court has not shied away from adducing additional procedural requirements. It has also clarified how the principle of effective judicial protection and the Charter right to an effective remedy relate to each other, finding that the latter reaffirms the principle of effective judicial protection and largely aligning their scope. The emerging procedural landscape is increasingly complex. The Court's nuanced assessments combined with a plethora of exceptional arrangements at national level led to convoluted standards that are increasingly difficult to put in practice.
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Ragimov, Ilgam M. « Nuremberg Trials : the triumph of justice or the trial of the victors ? (Reflections on the book by A.N. Savenkov “Nuremberg : A Verdict for name of Peace” ». Gosudarstvo i pravo, no 12 (2022) : 7. http://dx.doi.org/10.31857/s102694520023298-8.
Texte intégralRésumé :
The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the results of A.N. Savenkov’s research, the study of archival materials of the Nuremberg Trials and other sources on this issue, the authors believe that: • in the entire history of legal proceedings, there has probably never been a court like the Nuremberg Trials. Its uniqueness lies in the fact that it is the first case in the history of justice (sui generis) when more than 20 high-ranking officials, who were part of the highest political and military leadership of a single aggressor state, found themselves in the dock, guilty of both planning, preparing and unleashing a world war, and committing during it mass crimes against peace and humanity; • the historical value of the International Military Tribunal is also seen in the fact that its results had a huge impact on the course of world history, outlined the basic contours of the new architecture of the post-war world order and world order on Earth, laid the foundations of international criminal justice, etc., and the Tribunal itself became a symbol of the victory of good over evil; • the Nuremberg Trials showed that for crimes against peace, war crimes and crimes against humanity committed during an aggressive war, the victorious States have the right to establish a special court (ad hoc) with universal jurisdiction against the political and military leaders of the defeated State, to determine a list of specific crimes (including those with criminal retroactivity), those under his jurisdiction, to provide for a special procedure for the administration of justice, to establish the types of punishment for the perpetrators and their terms, the order and form of execution of a court sentence, etc.; • the refusal of the founders of the Ministry of Internal Affairs to bring to trial the highest state and military officials of Nazi Germany on the basis of the national laws of the countries on whose territory they committed numerous terrible crimes incompatible with human nature was due to the fact that the norms of criminal legislation of none of these states (as, indeed, International Law of that time) did not they fully covered all the specifics of the objective and subjective properties of many barbaric crimes committed by Nazi criminals against humanity, therefore, it was not possible to talk about this category of monstrous acts that claimed the lives of tens of millions of innocent people as classic forms or types of crimes that infringe on the rights and freedoms of individual citizens or states, even at the level of the institution of analogy in law; • taking into account the irremediable contradictions between the norms of national and International Law, on the one hand, and the essentially unprecedented atrocities committed by Nazi criminals on a massive scale, on the other, the victorious countries in World War II as bearers of supreme power in Germany (due to the loss of its legal personality) on August 8, 1945 we made the only possible decision in the current situation: 1) to establish an open International Military Tribunal with universal jurisdiction for the prosecution and punishment of the main war criminals of the European Axis countries; 2) on the basis of international treaties and agreements, the basic values of natural law, generally recognized principles of Criminal and Criminal Procedure Law, taking into account certain provisions of the Anglo-Saxon and Romano-Germanic legal systems, adopt the Statute of the Ministry of Internal Affairs, the norms of which should: a) determine the powers and procedures of this judicial body; b) contain a criminal definition of the concepts of “criminal organization”, “crime against peace”, “war crime” and “crime against humanity”; c) provide procedural guarantees for the defendants and their defenders; d) to fix the provision according to which the official position of the defendant (be it the head of state or another responsible state official) is not a basis for exemption from liability or mitigation of punishment, etc.; • in the process of working on the Statute of the Ministry of Internal Affairs, the doctrine of due (supervisory) law was widely applied in it, which, unlike what exists, is based on such immanent properties of a person’s spiritual being as justice and freedom of spirit, morality and common sense, etc. The originality of supervisory right is also manifested in the fact that it is free from any whatever the external definitions and directives, it is not burdened with political and ideological dogmas; • by its nature, the Charter of the Nuremberg Tribunal is not a normative legal act in the traditional sense of the term, but a special international prescriptive act with the force of law, adopted on August 8, 1945 by representatives of the heads of government of the USSR, the USA, Great Britain and France in the form of an annex to the London Agreement “On the Prosecution and Punishment of the main War Criminals of European Countries axes”; • in the verdict of the International Military Tribunal, for the first time at the global level, legal entities were recognized as the subject of crimes against peace, war crimes and crimes against humanity – the Elite Guard (SS), the Security Service (SD), the Secret State Police (Gestapo) and the National Socialist Workers’ Party of Germany (NSRPG). At the same time, not all crimes committed by high-ranking officials and institutions of Nazi Germany during the Second World War were reflected or properly assessed in it; • the expectations of the world community from the Nuremberg Trials were only partially justified, since in those years many in the world believed that all Nazi criminals should be put to death without trial. Only the firm position of the USSR and its insistent demands to the allied powers about the need to bring them to trial prevented further extrajudicial reprisals against them; • the International Military Tribunal in Nuremberg cannot be regarded as a “court of victors” over the defeated. It should be perceived as a unique judicial and legal phenomenon in the history of mankind - Transitional Justice at a critical stage in the modern history of mankind.
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Bandžović, Sead. « The phenomenon of fragile states : Bosnia and Herzegovina ». Historijski pogledi 4, no 6 (15 novembre 2021) : 338–55. http://dx.doi.org/10.52259/historijskipogledi.2021.4.6.338.
Texte intégralRésumé :
The three key conditions for the existence of a state, according to the theory of state and law, are geographical territory, population and organized political power in that area. However, during the twentieth century in some African and Asian countries, due to various political, economic and other factors, problems began to appear in performance of their basic functions: ensuring public order and peace, providing health services, education. Modern science has introduced the term failed states to describe such countries. This scientific phenomenon has been the subject of numerous researches, and international organizations have been publishing annual indices of fragile, failed or unsuccessful world states for years. The first index of its kind was created in 2005 by the American non-profit organization The Fund for Peace in cooperation with the magazine Foreign Policy, which initially included 76 countries. The original term failed state was considered politically extremely incorrect, even when it referred to countries like South Sudan or Somalia, noting that such a term originated in the political terminology of developed countries by which all other countries at a lower level of development were considered to be failed ones. Therefore, in 2014, a new notion of a fragile state was created, and accordingly the existing index was renamed the Fragile State Index (FSI). This parameter determines the degree of fragility for each country on an annual basis, assessing four basic indicators: cohesion (functionality of the state apparatus), economic (overall economic situation), political (legitimacy of the state, availability of public services, respect for human rights and freedoms) and social (demographic structure of the community, number of displaced persons and refugees, external interventions). Based on the values of these indicators, countries are positioned in four groups: sustainable, stable, endangered and alarming. The paper also discusses Bosnia and Herzegovina as a potentially fragile state. Although it enjoys sovereignty and political independence, the 1995 Dayton Peace Agreement still provides for the strong participation of the international community in the performance of its basic state functions. Examples include the presence of international military and police forces from the early post-war years to the present (EUFOR), with a special emphasis on the position of High Representative for Bosnia and Herzegovina. The peace agreement gave him the status of his supreme interpreter, as well as the well-known Bonn powers that he used on several occasions to remove Bosnian political officials and the imposition of laws (Criminal Code of Bosnia and Herzegovina, Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor's Office of Bosnia and Herzegovina) due to the inability of domestic parliamentary bodies to pass them independently. In addition to the extremely complicated constitutional structure, the functioning of Bosnia and Herzegovina is hampered by the inability to reach an agreement between political representatives on key issues in the country. In the first place, these are much-needed changes to the constitution of Bosnia and Herzegovina that would in the future allow members of minorities (Jews and Roma) to elect their own representatives in the Presidency of Bosnia and Herzegovina. In this regard, the European Court of Human Rights (ECtHR) in 2009 in the case of Sejdić-Finci assessed that the impossibility of minority participation in political decision-making is a gross violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Numerous international organizations, primarily Human Rights Watch, have been warning for years about other problems in the country: national segregation of children under two schools under one roof, numerous attacks on Bosniak returnees in Republic of Srpska without adequate sanctions and extreme slowness in war crimes proceedings and the administration of transitional justice with the emergence of increasingly frequent denials of war crimes and victims. Although more than 25 years have passed since the end of the war, the participation of the international factor is still noticeable, and in some cases necessary.
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Stepanov, Oleg, et Denis Pechegin. « Legal View on the Introduction of New Technologies ». Russian Law Journal 6, no 3 (30 août 2018) : 149–71. http://dx.doi.org/10.17589/2309-8678-2018-6-3-149-171.
Texte intégralRésumé :
According to the Concept of Long-Term Social and Economic Development of the Russian Federation for the period up to 2020, in the next few years the imbalance in world trade, as well as capital flows, will continue to increase, which will lead to changes in foreign exchange rates. That is why the final goal is to promote priority national interests in the framework of bilateral and multilateral trade and economic relations with foreign countries. In pursuit of this goal, the following improvement of customs regulation, and export and currency control mechanisms in the Russian Federation will be aimed at reducing barriers to foreign economic activity of innovative enterprises. Achievement of the set goals today is subject to the influence of a constantly changing world and new technologies. New technologies are increasingly penetrating the life of modern society. Meanwhile, the speed of introduction of new technologies is such that point changes in current legislation will gradually nullify the effectiveness of legal regulation as a system. Therefore, the changes today should concern not only the monetary and financial sphere, but also take into account other areas. The article is devoted to the study of crucial problems of implementing modern technologies from the legal point of view. Thus, at the international level, uncertainty still remains over issues of currency and legal responsibility, which is largely due to various legal regulations. Starting in 2018, the new rules for calculating the liquidity of banks and the ratio of borrowed funds to assets will come into full force in the European Union. Several large banks in France, dissatisfied with the policy of the European Central Bank (ECB), even appealed to the European Court of Justice for a change in the rules. According to FxPro analysts’ reports, economic growth in Europe has accelerated slightly, and the ECB is on the verge of abandoning its ultra-easy monetary policy in the direction of neutral and is preparing for further tightening. One of the subjects of the research is the system of monetary relations from the point of view of analyzing the problems of ensuring its stability, including criminal and legal means. The purpose of this analysis is to illustrate how to protect the domestic foreign exchange market and the challenges facing the monetary system today. The article has been prepared on the basis of legal and technical analysis of legal norms, as well as comparative legal and formal logical methods and system analysis methodology. In the authors’ view, this could contribute to a uniform approach to the problem, without which it would be extremely difficult to achieve success. It is concluded that in view of new challenges facing the global economy and the emergence of cryptocurrency, it is necessary to rethink the phenomenon of currency crimes, to study the experience of combating monetary crimes in other countries and to evaluate the common mechanisms for combating currency crimes. However, this approach cannot be considered legitimate insofar as different interpretation of the same term in different branches of legislation does not allow full realization of the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another, but are interrelated. It is concluded that the person conducting proceedings in a case can and is obliged, based on an analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. It is also necessary to create a universal state database for judges, prosecutors, investigators, etc., which would allow free cross-sectoral information exchange on the same subject. The new digital economy also requires retraining of civil servants and state employees, including the judiciary branch of government. At the same time, the article deals with the transformation of the legal profession in the future. It is concluded that classical legal education will not sink into oblivion. However, the lawyers of the future will play a slightly different role, namely, they will act as machinists, builders, operators and inventors of a useful model of legal relations for robot judges.
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Voytyk, Oleksandra, et Nataliia Mazii. « Labor market amid the crisis and ways to improve its governmental regulation ». Democratic governance 30, no 2 (31 décembre 2022) : 144–57. http://dx.doi.org/10.23939/dg2022.02.144.
Texte intégralRésumé :
Statement of the problem. Employment of the population and reduction of unemployment rate are priority objectives for economic recovery in the country suffering from the hybrid war for many years, affected by the COVID-19 pandemic for two years, and involved into the full-scale war since February 24, 2022 that results in joblessness for thousands of people, destruction of the businesses, equipment and facilities, as well as the natural resources of Ukraine. These and other factors are undermining the normalfunc- tioning of the labor market that currently features high unemployment rate, essential territorial differentiation in the area of employment in connection with the temporary occupation of the territories and warfare, imbalances between the vacancies and the qualifications in demand, negative demographic processes (increase in the rate of mortality, disability, migration within and outside the country). Today, governmental regulation of the labor market is a necessity because coordination between the interests of the workforce and the employers has to be supported and monitored by the government to enable fast recovery from the crisis and integration of Ukraine into the world economic space, increase of the economic competitiveness and acceptance of Ukraine as the member of the European Union. Analysis of the latest researches and publications. The war in Ukraine that has caused social and economic crisis has also adversely affected the national labor market and employment industry. The vacancies have been curtailed as a result of emigration of people and relocation of businesses, employment has become problematic or impossible, accordingly, there is increase in unemployment rate stemming from the pandemic and economic crisis emerging before the war. That is why a lot of scientists have started researching this problem, namely, N. Balashova, O. Bokov, M. Butko, V. Vasylchenko, R. Voitovych [4], S. Honcharova, K. Dubych [4], M. Kravchenko, O. Krainyk, E. Libanova, Y. Marshavin, L. Novak-Kaliaieva, V. Onikienko, N. Savchenko, K. Suprun [5], N. Titchenko. Addressing the previously untouched points of the general problem. The subject of the research constitutes study of the particulars of formation of offer and demand in the labor market of Ukraine amid improvement of its governmental regulation, with due regard to the European Integration ambitions of Ukraine. Presentation of the basic research material. Employment of the population is one of the most important criteria influencing the state of economy and efficiency of public administration in any country. The purpose of the governmental policy in this area is to ensure the fullest involvement of the population in the socioeconomic development processes. Public administration of employment includes ensuring balance between the labor offer and demand for the people with different occupational qualifications, increase of the income and improvement of the quality of life of the people, facilitation of staff support in order to generate and fulfill the creative and business ideas. Public administration of employment plays an important rolein the socioeconomic development policy, offersso- lution to the multidimensional problems, and not only furthers achievement of quantitative target values, but also encourages qualitative economic changes, human capital development, especially in the context of the European integration. Based on the completed analysis, the key measures aimed at improvement of the governmental regulation of the labor market amid the crisis are creation of equal opportunities for the unemployed in the Employment Center of the region, provision of access to the training programs and job offers, introduction of the mechanisms of cooperation and interaction among the State Employment Service and private employment agencies; elimination of imbalance between the workforce offer and demand revealed while analyzing the number of vacancies and unemployed in the labor market of Ukraine, which is especially necessary in times of war, by achieving the balance between the workforce offer and demand in the market through generation of the system of monitoring and forecasting, and estimation of the numbers of the state order in the educational institutions; career guidance organization and promotion, training and re-training of staff; harmonization of the legislative regulation of labor relations of the market participants; in view of the experience gained from the developed countries, prioritization of the social protection of the unemployed population (financial aid, unemployment benefits, unemployment insurance, etc.), which shall definitely decrease emigration of the staff and reduce the criminal rate; generation of the competitive environment, both in the labor market and in the businesses, with due regard to the economic and regional aspects; increase of motivation among the unemployed, etc. Conclusions. The research addresses the evident lack of balance between the offer and demand in the labor market occurring as a result of the pandemic, as well as substantial worsening of this situation since February 24, 2022. In 2018–2019, the difference between the vacancies and the unemployed was not essential, in 2020, the number of unemployed exceeded the number of vacancies 1.5 times, in 2021, 1.7 times, and in 2022, 2.7 times. In addition to the social crisis when the war destroys the life of people and families, ruins or paralyzes the state and private economy sector, the governmental regulation of the labor market is required both at the state and the regional levels. Today, the worst situation is in the occupied territories or the area affected by fighting, and despite partial relocation of businesses, many companies are staying in the danger area any putting the life of their employees at stake every day due to impossibility to move their business to another area, desire to keep the jobs or for other reasons, for stabilization of economic processes and the future without war.