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Articoli di riviste sul tema "Procedure (law)"

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Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 30 luglio 2024

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1

Bagley, Nicholas. "The Procedure Fetish". Michigan Law Review, n. 118.3 (2019): 345. http://dx.doi.org/10.36644/mlr.118.3.procedure.

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The strict procedural rules that characterize modern administrative law are said to be necessary to sustain the fragile legitimacy of a powerful and constitutionally suspect administrative state. We are likewise told that they are essential to public accountability because they prevent factional interests from capturing agencies. Yet the legitimacy-and-accountability narrative at the heart of administrative law is both overdrawn and harmful. Procedural rules have a role to play in preserving legitimacy and discouraging capture, but they advance those goals more obliquely than is commonly assumed and may exacerbate the very problems they aim to fix. This Article aims to draw into question the administrative lawyer’s instinctive faith in procedure, to reorient discussion to the trade-offs at the heart of any system designed to structure government action, and to soften resistance to a reform agenda that would undo counterproductive procedural rules. Administrative law could achieve more by doing less.

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2

Karipova, A. Y., S. B. Serikbekova e А. Т. Toleubekov. "Separate features of the implementation of administrative procedures and administrative proceedings in accordance with the Administrative Procedure and Procedure Code of the Republic of Kazakhstan". Bulletin of the Karaganda University. “Law Series” 109, n. 1 (30 marzo 2023): 26–37. http://dx.doi.org/10.31489/2023l1/26-37.

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This article discusses certain features of administrative procedures and administrative proceedings when applying the norms of the Administrative Procedural and Procedural Code of the Republic of Kazakhstan dated June 29, 2020 No. 350-VI-ZRK (hereinafter referred to as APPK), which entered into force on July 1, 2021. The purpose of the article is to consider the features of administrative procedures, administrative proceedings and conciliation procedures in resolving public law disputes within the framework of the APC, as well as to analyze certain problematic issues of its application. The study used general scientific, private scientific legal methods of cognition. The authors reviewed and researched the distinctive principles of the implementation of administrative procedures and procedural features of administrative proceedings. With the introduction of the norms of the APC, the procedure for conducting both internal and external administrative procedures by state bodies has been streamlined, as well as administrative proceedings have been separated to resolve public law disputes involving an administrative (state) body or its official. The article touches upon the problems of passive, at the initial stage, application of conciliation procedures in resolving public law disputes by courts. On the example of the existing practice of bringing claims by state regulatory authorities to the court on the application of prohibitive and restrictive measures, it is proposed to transfer the consideration of this category of cases from the Code of Civil Procedure of the Republic of Kazakhstan to the APC, since it follows from public law relations. There is also an unequal position of the parties to a public law dispute in terms of appeal and cassation appeal against judicial acts on disputes of a public law nature under the APC and the Code of Civil Procedure of the Republic of Kazakhstan. At the same time, according to the authors, the introduction of the institute of administrative courts for the consideration of administrative cases and public law disputes should become an effective and efficient means of ensuring the protection of the rights and legitimate interests of citizens and legal entities.

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3

Shadrin, V. S. "Criminal procedure policy and criminal procedure law". Russian Journal of Legal Studies 2, n. 2 (15 giugno 2015): 162–65. http://dx.doi.org/10.17816/rjls18038.

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The author examines the concept, importance and key aspects of penal policy, as an integral part of the criminal policy of the state. Explains the meaning of penal policy and its role in shaping modern criminal procedure law.

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4

Dаvronov, Doniyorbek. "Procedure and basis for application of procedural coercive measures". Tsul legal report 3, n. 1 (15 marzo 2022): 68–77. http://dx.doi.org/10.51788/tsul.lr.3.1./whzg3409.

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This article analyzes the types of coercive measures used in civil proceedings, including coercion, warning, expulsion from the courtroom, and court fines. The article also discusses the grounds, procedure and timing of the application of coercive measures, the need for coercive measures and the practical problems arising in the process of litigation, the experience of international countries in this area, as well as the application of coercive measures in society. The role and significance of coercive procedural measures in the judicial system, its application, procedure, scope, restrictions and exceptions in the using of coercive measures, including compulsory attendance, the bodies authorized to apply these measures, their rights and obligations established by the law, relations between judicial bodies and bodies authorized to implement coercive procedural measures, comparative analysis of national and foreign civil procedural legislation on applying of coercive measures in civil court proceedings, similarities and different aspects, making suggestions and recommendations on improving procedural coercive measures in civil proceedings are analyzed

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5

Vandenborre, I., e T. Goetz. "EU Competition Law Procedure". Journal of European Competition Law & Practice 3, n. 6 (14 novembre 2012): 578–85. http://dx.doi.org/10.1093/jeclap/lps056.

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6

Burke, Susan D., e Donald S. Murphy. "Criminal Law and Procedure". Indiana Law Review 27, n. 4 (4 gennaio 1994): 959–88. http://dx.doi.org/10.18060/3092.

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7

Johnson, Stephen J. "Criminal Law and Procedure". Indiana Law Review 18, n. 1 (1 gennaio 1985): 157–209. http://dx.doi.org/10.18060/2616.

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8

Shytov, Alexander, e Peter Duff. "Truth and procedural fairness in Chinese criminal procedure law". International Journal of Evidence & Proof 23, n. 3 (6 marzo 2019): 299–315. http://dx.doi.org/10.1177/1365712719830704.

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Chinese criminal procedural law has recently been undergoing rapid transformation. While the search for ‘truth’, embodied in a confession by the accused, has traditionally dominated the criminal process, efforts are now being made to secure more procedural fairness. This is exemplified by the introduction of rules to render inadmissible at trial confessions extorted from suspects by ill treatment. Unsurprisingly, it has proved difficult to shift the mindsets of the players in the criminal justice process. The new rules have not been fully implemented in many respects and there is still confusion over the criteria to be used by the courts in making decisions about inadmissibility. Further, it has proved difficult to enable defence lawyers to play a more active role in defending their clients and to render it normal for witnesses to testify at trial. This handicaps the drive to secure a better balance between the search for truth and procedural fairness in the Chinese criminal trial.

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9

SHARIPOVA, Aliya Rashitovna. "CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE". Rule-of-law state theory and practice, n. 3(73) (2023): 187–91. http://dx.doi.org/10.33184/pravgos-2023.3.22.

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10

Shin Yangkyun. "Teaching Criminal Procedure Law in Law School". Journal of Criminal Law 20, n. 3 (settembre 2008): 27–48. http://dx.doi.org/10.21795/kcla.2008.20.3.27.

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11

Kachalova, Oksana. "Summary Procedure in Russian Law of Criminal Procedure". RUSSIAN JUSTICE 115, n. 10 (novembre 2015): 87–97. http://dx.doi.org/10.17238/issn2072-909x.2015.11.87.

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12

Sharipova, Aliya. "The Concept of Convergence of Criminal Procedure Law with Other Branches of Procedural Law". Legal Concept, n. 1 (maggio 2022): 57–63. http://dx.doi.org/10.15688/lc.jvolsu.2022.1.8.

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Introduction: excessive variability of the criminal procedure legislation against the background of other branches, the need to take into account pre-trial court decisions, and unified processes of digitalization in justice have actualized the study of the possibility of convergence of four procedural branches of law. The purpose of the work is to develop the key provisions of the concept of convergence, i.e. coming together of criminal procedural law with civil procedural, arbitration procedural, and administrative procedural law. The approximation of criminal procedure law to other procedural branches due to the unification of a number of intersectoral institutions should serve the task of improving the quality of justice. Methods: the defining method of research is the method of comparative jurisprudence. The most important institutions of the “judicial” part of the criminal procedure are compared with their branch counterparts from other procedural branches of law. The research also uses the methods of historicism, system-structural analysis, and synthesis. Results: for some universal procedural institutions, fundamental differences in normative consolidation have been identified, the manifestations of which reduce the quality of justice in criminal cases. The gradual borrowing of the techniques tested in them into the criminal procedure from other branches can ensure procedural convergence without creating supra-sectoral structures of judicial law. Conclusions: the author proposes the ways of convergence of the criminal procedure “split off” from the rest of the procedural branches. A preliminary legislative examination of the impact on the identity of the normative consolidation of universal intersectoral institutions should be applied to draft laws on amendments to any procedural code. The joint scientific development of intersectoral problems in procedural law and the development by the law enforcer of unified approaches in “judicial” law will contribute to the convergence of not only the law but also science and law.

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13

Kovacs, Kathryn. "Progressive Textualism in Administrative Law". Michigan Law Review Online, n. 118 (2019): 134. http://dx.doi.org/10.36644/mlr.online.118.progressive.

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Nicholas Bagley’s article The Procedure Fetish is destined to be a classic. In it, Bagley systematically dismantles administrative law’s obsession with procedure. He decimates the arguments that procedure is necessary to legit-imize the administrative state and avoid agency capture. He nullifies the con-tention that administrative law is neutral by showing how proceduralism inhibits regulation and “favors a libertarian agenda over a progressive one.” Bagley urges progressives to abandon “gauzy claims about legitimacy and accountability” and approach procedure with skepticism. The Procedure Fetish addresses the normative question of what adminis-trative law ought to require. Bagley writes about how progressives should solve the “optimization problem: [w]hich set of procedures will best balance the competing goals of efficiency, the protection of legal rights, and public accountability.” Bagley does not, however, provide an answer to the ques-tion of where progressives should find currently binding administrative law. The answer is simple: the Administrative Procedure Act (APA). Progressive textualism provides the missing piece for Bagley’s analysis.

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14

Vozel, Tjaša. "Development of Tax Procedural Law and Sectoral Case Law in Selected Countries". Central European Public Administration Review 16, n. 1 (1 giugno 2018): 119–36. http://dx.doi.org/10.17573/cepar.v16i1.361.

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The purpose of this paper is to examine the development of the Slovenian Tax Procedure Act and amendments thereto until 2017, in order to broaden the field knowledge on tax procedures within the administrative system as a whole. The Tax Procedure Act provides the general framework of the procedural tax system in Slovenia. The first version of the Tax Procedure Act (ZDavP) was adopted in 1996 and followed by five amending acts until the adoption of the second version (ZDavP-1) in 2004. The third and currently applicable version of the Tax Procedure Act (ZDavP-2) has been subject to over ten amendments so far. Furthermore, the study aims to compare the development of tax procedure in Slovenia and Sweden. Based on the normative and comparative analyses, review of domestic and foreign literature, and case law analysis, the advantages and disadvantages of the development of tax procedure in Slovenia were identified. The amendments analysed contributed mainly to simplifying the tax procedure, reducing red tape, decreasing costs, improving the efficiency of the tax authorities, and providing greater legal certainty for the taxpayers. Most changes to the Tax Procedure Act involved the personal income tax. An empirical study of the case law of the Administrative, Supreme and Constitutional Courts in selected period further showed that errors were mainly detected in relation to substantial violation of procedural requirements rather than incorrect application of substantive law. The study contributes to administrative and legal science and the tax profession as such. The results can be useful when drafting new tax procedural legislation to improve its effectiveness.

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15

Potapenko, Evgeny G. "On the Ontology of Procedural Economy in Civil Procedure Law". Arbitrazh-Civil Procedure 1 (21 dicembre 2023): 44–48. http://dx.doi.org/10.18572/1812-383x-2024-1-44-48.

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The article covers the study of the place and role of procedural economy in civil procedural law and shows an attempt to reveal the ontology of procedural economy. The author critically examines aspirations to secure the status of the principle of civil procedural law for procedural economy. The author comes to the conclusion that economy should be understood as a secondary requirement (or goal of the second level) to the procedural activity. In means that procedural economy cannot directly determine the content of the principles of civil procedural law.

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16

Puzyrnyi, O. O. "Procedural form as a category of administrative law and procedure". Uzhhorod National University Herald. Series: Law 2, n. 82 (10 giugno 2024): 253–58. http://dx.doi.org/10.24144/2307-3322.2024.82.2.40.

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This scientific article explores the issue of procedural form as a crucial category in the context of administrative law and contemporary judicial proceedings. The essence and role of the procedural form in resolving administrative disputes and establishing the rights and obligations of process participants are examined. The article highlights the historical development of the concept of «procedural form» in administrative law and analyzes current trends in its definition and application. Special attention is given to the impact of this category on ensuring justice and the efficiency of administrative justice. The research also focuses on practical aspects of applying the procedural form in the field of administrative law, considering the importance of ensuring access to justice and timely case resolution. Specific recommendations are proposed for improving legislation and practices in administrative proceedings, taking into account the studied aspects of procedural form. The obtained results can be valuable for scholars, practitioners, and legislators interested in issues of administrative law and procedure. Additionally, the article explores the correlation between procedural form and key principles of administrative justice, such as the principles of legality, rights and freedoms of citizens, transparency, and openness of judicial proceedings. In the context of current socio–cultural and technological changes, it is necessary to analyze the impact of innovative approaches to judicial proceedings on procedural form and the efficiency of administrative justice. The article considers not only theoretical aspects but also practical issues related to the development and improvement of procedural legislation in administrative law. Possible obstacles and challenges in implementing modern approaches to procedural form are discussed, along with suggested strategies to overcome them. This article serves as a significant contribution to the development of scientific discourse on administrative justice and procedure, presenting new ideas and concepts that can be used for further research in this field.

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17

Nasalevich, T. S. "Improvement of Labor Law Procedures". Juridical science and practice 18, n. 2 (13 ottobre 2022): 44–48. http://dx.doi.org/10.25205/2542-0410-2022-18-2-44-48.

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The article examines labor law procedures as a procedure for exercising rights and obligations by subjects of labor law, gives an author’s definition of the labor law procedure. The author proposes to single out the stage preceding the conclusion of the employment contract (‘starting point’ of the labor legal relationship). It is concluded that it is necessary to withdraw the norms governing the formation of labor legal relations from the plane of sociology into the field of law. It is proposed to amend the legislation, as well as strengthen local regulation in order to increase the effectiveness of labor law procedures and minimize labor conflicts.

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18

Winckler, Hugo. "Reforming China’s Criminal Procedure Law". China Perspectives 2012, n. 3 (1 ottobre 2012): 80–82. http://dx.doi.org/10.4000/chinaperspectives.5971.

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19

Eatwell, Tatyana, e Christopher Sargeant. "Criminal Law, Evidence and Procedure". Cambridge Journal of International and Comparative Law 2, n. 1 (2013): 86–95. http://dx.doi.org/10.7574/cjicl.02.01.82.

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20

Davie, Matthew, e Joshua Zell. "Criminal Law, Evidence and Procedure". Cambridge Journal of International and Comparative Law 3, n. 1 (2014): 196–203. http://dx.doi.org/10.7574/cjicl.03.01.183.

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21

Raicevic, Nebojsa. "Asylum procedure in EU law". Zbornik radova Pravnog fakulteta, Nis 55, n. 72 (2016): 123–42. http://dx.doi.org/10.5937/zrpfni1672123r.

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22

이희정. "EU Law of Administrative Procedure". Public Law Journal 12, n. 4 (novembre 2011): 473–99. http://dx.doi.org/10.31779/plj.12.4.201111.017.

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23

Muravev, K. V. "CRIMINAL PROCEDURE LAW-ENFORCEMENT ACTS". Juridical Journal of Samara University 5, n. 2 (25 giugno 2019): 75. http://dx.doi.org/10.18287/2542-047x-2019-5-2-75-80.

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24

Pao, Miranda Lee. "Lotka's law: A testing procedure". Information Processing & Management 21, n. 4 (gennaio 1985): 305–20. http://dx.doi.org/10.1016/0306-4573(85)90055-x.

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25

Burke, Susan D. "Update—Criminal Law and Procedure". Indiana Law Review 26, n. 4 (4 gennaio 1993): 891–920. http://dx.doi.org/10.18060/3035.

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26

Vandercoy, David E., e Bruce G. Berner. "Update—Criminal Law & Procedure". Indiana Law Review 25, n. 4 (4 gennaio 1992): 1157–82. http://dx.doi.org/10.18060/2986.

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27

Shadrin, V. S. "Criminal procedure policy and criminal procedure law. Part 2". Russian Journal of Legal Studies 2, n. 3 (15 settembre 2015): 162–66. http://dx.doi.org/10.17816/rjls18065.

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Тhe author examines the concept, importance and key aspects of penal policy, as an integral part of the criminal policy of the state. Explains the meaning of penal policy and its role in shaping modern criminal procedure law.

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28

Spahija, Marko. "Procedure management plan – new institute of civil procedure law". Elektronički zbornik radova Veleučilišta u Šibeniku 17, n. 1-2 (17 luglio 2023): 139–49. http://dx.doi.org/10.51650/ezrvs.17.1-2.5.

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Plan upravljanja postupkom je novi institut građanskog procesnog prava koji je u parnični postupak uveden Zakonom o izmjenama i dopunama Zakona o parničnom postupku („Narodne novine“ broj 80/2022, dalje ZID ZPP/22). Kao i većinom izmjena i dopuna iz navedenog zakona, zakonodavac je i ovim institutom imao namjeru ubrzati parnični postupak te osigurati koncentraciju postupka kao i održavanje procesne discipline kako na strani suda, tako i na strani parničnih stranaka. Ovaj rad bit će koncentriran na donošenje i sadržaj samog plana upravljanja postupkom, kao i potencijalne probleme vezane za donošenje i provođenje istog.

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Jansky, Okiya Jimmy. "A Critical Analysis of the European Union Law-making Process and Sources of Law". Multidisciplinary Journal of Horseed International University (MJHIU) 1, n. 2 (9 ottobre 2023): 55–82. http://dx.doi.org/10.59336/w4tc9439.

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This study focused on the critical analysis of the European Union law-making process and sources of law. The study employed doctrinal legal methodology which covers research into doctrines and analysis of the relevant legal instruments including; Treaty on European Union (TEU), Treaty on the Functioning of the European Union (TFEU) and other instruments, legal articles and books citing secondary materials where issues need to be placed in contexts of the European Union’s law-making process and sources of law. The findings on the European Union law making process revealed three major methods of the European Union’s legislative process which they entail: firstly, ordinary legislative process containing procedures such as formulation, first reading, second reading, conciliation, third reading and special provisions; secondly, special legislative process containing procedures such as consultation procedure, consent procedure and approval procedure; and thirdly, non-legislative procedures such as procedure for adopting delegated acts and implementing acts; and the findings of the study on the European Union’s sources of law indicates that are two major categories of sources of law including; primary source of law such as the European Union founding treaties like the Treaty on European Union and the Treaty on the Functioning of the European Union; and the secondary source of law such as legislative and non-legislative acts, international agreements, sui generis decisions, soft law, inter-institutional agreements, agreement between member states, legal unwritten custom; and thirdly, the general principles of law such as protection of the legitimate expectations, right to a fair hearing, the guarantee of fundamental rights and the principle of proportionality.

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Wielec, Marcin. "‘Children in Criminal Procedure – Friendly Law’". Central European Journal of Comparative Law 2, n. 2 (20 novembre 2021): 241–55. http://dx.doi.org/10.47078/2021.2.241-255.

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The considerations undertaken in the scientific article constitute an analysis and evaluation of the solutions included in the government's legislative proposal aimed to change the provisions of the Code of Criminal Procedure, the Family and Guardianship Code, and the Law on the System of Common Courts with regard to the position of minor victims. The legislative initiative is a significant change that aims to improve the protection of children participating in criminal procedures. This legal act’s draft indicates the provision of a special position to children in the criminal procedure. If children happen to be the aggrieved parties in criminal procedures, they deserve to be met by the court and participants with exceptional awareness and sensitivity. I am of the opinion that the criminal procedure must be structured in such a way that the participating children feel safe. The judiciary should aim to be child-friendly. It is extremely important that children feel understood as well as they understand the new legal reality in which they find themselves. In this analysis, I have referred to the regulations on the protection of children's rights under the international law and the law of the European Union. In this study, I have laid emphasis on the point that the proposed legislative solutions should meet the assumptions of the European directives issued by the European Union institutions as well as the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice, the main act on the protection of children's rights issued by the Council of Europe.

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Ma, Zunbiao. "Addition of an Independent Injunction Procedure to the Codification of the Code of Civil Procedure". Academic Journal of Management and Social Sciences 6, n. 2 (28 febbraio 2024): 107–13. http://dx.doi.org/10.54097/msxt1324.

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This paper discusses the establishment of an independent injunction procedure in the codification of civil procedure law. Civil procedure law is an important guarantee for the effective implementation of the substantive law civil code, so the codification of civil procedure law is an important way to build a legal system, promote the rule of law in civil procedure, and improve the level of the rule of law. However, in response to the infringement of personality rights, the civil code provides for a system of preventive claims, the traditional civil procedure cannot effectively meet the needs of personality rights protection, and behavioral preservation procedures cannot meet the urgent need for right holders to immediately stop the infringement, to restore the rights of the original state of the demand for the establishment of an independent injunction procedure to deal with. Constructing an independent injunction procedure, should be based on the principle of procedural proportionality and the generalized procedural theory, combined with the views of the academic community and practical experience, to ensure that the injunction procedure is fast and effective.

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Matchuk, S. V. "Principles of administrative procedural law". Analytical and Comparative Jurisprudence, n. 1 (2 luglio 2022): 184–87. http://dx.doi.org/10.24144/2788-6018.2022.01.34.

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This article is devoted to the characteristics of the content of the principles of administrative procedural law, taking into account the provisions of the draft Law of Ukraine "On Administrative Procedure". It is substantiated that in administrative-legal science the generally accepted concept of principles of administrative-procedural law is not formed, which generates discussions about their list, essence and purpose in administrative law. Therefore, it is important to study the concept of principles of administrative procedure. The features inherent in the principles of administrative-procedural law are singled out: 1) the presence of a specific area of regulatory influence - administrative-procedural activities, 2) universality, 3) regulatory regulation, 4) fundamentality, 5) on the consideration and resolution of administrative cases, 6) the need and stability in resolving individual administrative cases in the field of public administration. It is emphasized that the principles of administrative-procedural law reflect the worldview ideas on the settlement of relations between the subjects of public administration and persons on the consideration and resolution of administrative cases; they establish the essence of the rules of conduct of such entities; act systematically as a set of basic and general rules of conduct; their effect extends to all types of administrative procedures; they improve the sub-branch of administrative law, and their violation leads to the application of certain means of responsibility. The author proposes to supplement the already listed in the draft Law of Ukraine "On Administrative Procedure", the list of principles of administrative procedure, the principles of administrative procedures in the state language; availability and customer focus.

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Radolović, Aldo. "Odnos redovnog sudskog i ustavnosudskog postupka u ustavnim tužbama". Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, n. 1 (2017): 357–73. http://dx.doi.org/10.30925/zpfsr.38.1.12.

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This paper deals with relation between ordinary and constitutional judicial procedures in constitutional complaint. Constitutional protection against individual decisions of competent state authorities (mostly against decisions of ordinary courts) has supplementary nature. Citizens and legal entities may initiate procedure before the Constitutional Court only after exhaustion of ordinary legal remedies. Constitutional procedure is new judicial procedure, but it must take into account previous ordinary judicial procedures. It is new procedure because the Constitutional Court has the right to implement its specifi c procedural rules. On the other hand, this procedure is old one. From previous ordinary judicial procedure originates the constitutional dispute and its proper settlement is not possible without conversance of this previous judicial procedure.

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SHERSTYUK, V. M. "CAUSE AND CONSEQUENCES CATEGORIES IN ARBITRATION PROCEDURAL AND CIVIL PROCEDURE LAW". Herald of Civil Procedure 10, n. 2 (1 maggio 2020): 9–31. http://dx.doi.org/10.24031/2226-0781-2020-10-2-9-31.

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ROBERTSHAW, PAUL. "REDUNDANCY PROCEDURE". Industrial Law Journal 17, n. 1 (1988): 195–97. http://dx.doi.org/10.1093/ilj/17.1.195.

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Nasalevich, Tatiana S. "PROCEDURES IN THE SCIENCE OF LABOUR LAW". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n. 38 (2020): 143–52. http://dx.doi.org/10.17223/22253513/38/14.

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The science of labour law distinguishes, among others, between procedural rules of law. According to labour scientists, procedural rules streamline, ensure and guarantee the process of implementing the substantive norms of labour law and determine the procedure for the activities of subjects to enforce the rights and obligations enshrined in the regulatory substan-tive norms. The subject of legal regulation is the activity of creating substantive norms of labour law and ensuring their implementation, as well as the activity of non-jurisdictional bodies involved in resolving individual and collective labour disputes. The definitions of procedural norms proposed by several authors ultimately boil down to the process of implementing the legal norm. It is therefore difficult to agree that procedural norms are a separate kind of legal norm. The separation of procedural norms is unlikely to be justified simply because any norm of labour law cannot be understood, let alone implemented, in isolation from the procedure for its application. Since the separation of procedural norms is questionable, the theory of the autonomy of labour procedural law cannot be justified. The features of the procedural rules of labour law reflected in scientific research are the features of the procedures of labour law. Procedures of labour law are part of the logical norm and are contained in its disposition. Procedures of labour law are the legal means of imple-menting substantive or procedural norms of labour law and their main objective is to maintain the law and order in the company (or individual employer). As an integral part of the rule of law and part of the mechanism of legal regulation, the procedure ensures its effectiveness. The more detailed the procedure in the rule of law is, the fewer disputes arise between the parties to the employment relationship, which has a positive impact on the results of law enforcement. Legal provisions "need" procedures for the imple-mentation of legal provisions, because it is the procedures that "animate" the provision and allow it to achieve the desired result.

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Van Der Rijst, Tessa, e Pauline Jacobs. "The Dutch Complaint Procedure: A “Picture-Perfect” Procedure?" Utrecht Law Review 18, n. 1 (2022): 1–13. http://dx.doi.org/10.36633/ulr.711.

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Alam, Md Habib. "Application of CISG in Arbitration: A Combined Procedure or Parallel Procedure?" International Journal of Community Service & Engagement 2, n. 1 (2 marzo 2021): 50–53. http://dx.doi.org/10.47747/ijcse.v2i1.192.

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CISG and arbitration are connected with each other. They may work through a combined or parallel procedure. Globalization of trade desires uniformity in trade. For uniformity of trade, we require uniform law. The arbitration may not work to make it uniform, but choosing any uniform law (i.e. CISG), it may lead to deal a particular arbitration in the international standard. The international standard may be maintained while considering the uniform law. Choosing uniform law (i.e. CISG), it may minimize the risk of wrong interpretation and put the arbitral parties on “equal footing”. Parties may consider CISG as the applicable law in their arbitral agreements. As of 13 February 2021, 94 states signed the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). The frontline trading states like the USA, Australia, Israel, Canada, China, Germany, France, Russia, and Japan are contracting states of CISG. This research emphasizes providing guidelines as to how parties may apply CISG into their arbitral agreements by maintaining the international standard.

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Sierocka, Iwona. "Mediation Procedure in Labour Law Disputes". Białostockie Studia Prawnicze 21 en (2016): 199–209. http://dx.doi.org/10.15290/bsp.2016.21.en.15.

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이상원. "Practice Based Methodology：Criminal Law and Procedure". Journal of Criminal Law 20, n. 3 (settembre 2008): 49–76. http://dx.doi.org/10.21795/kcla.2008.20.3.49.

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Romanenko, Yevhen Oleksandrovych. "LAW OF UKRAINE ON ADMINISTRATIVE PROCEDURE". Expert: Paradigm of Law and Public Administration 11, n. 5 (2020): 131–45. http://dx.doi.org/10.32689/2617-9660-2020-5(11)-131-145.

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Ingle, Jessie. "Overview: Criminal Law, Evidence and Procedure". Cambridge Journal of International and Comparative Law 3, n. 1 (2014): 265–68. http://dx.doi.org/10.7574/cjicl.03.01.158.

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43

Belonosov, V. O. "ON HYPERACTIVE CRIMINAL PROCEDURE LAW-MAKING". Juridical Journal of Samara University 5, n. 4 (15 dicembre 2019): 43. http://dx.doi.org/10.18287/2542-047x-2019-5-4-43-50.

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Ivanova, Marina. "Unconventional Sources of Civil Procedure Law". Bulletin of the South Ural State University series "Law" 16, n. 1 (2016): 73–78. http://dx.doi.org/10.14529/law160112.

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Kovač, Polonca. "Innovative Administrative Procedure Law: Mission Impossible ?" NISPAcee Journal of Public Administration and Policy 10, n. 2 (20 dicembre 2017): 93–117. http://dx.doi.org/10.1515/nispa-2017-0013.

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Abstract Law and innovation are oft en seen as antagonistic notions, particularly in administrative (authoritative) relations. Th is paper addresses this issue based on the regulation of administrative procedures, since they represent core public-administration activities in contemporary society. Hence, they need to be codified and implemented, both on the EU and national levels, in a more flexible and party-oriented way, even though still preserving legal certainty. The author argues that Europeanisation contributes to innovation in administrative procedure law, with institutions such as alternative dispute resolution or one-stop-shops. In order to explore the potential drivers of and barriers to innovation, particularly in Eastern Europe, a survey and several structured interviews were carried out in Slovenia as a case study. Th e results reveal that the culture in the region is legalistically driven and thus hinders innovation, even that which has already been introduced in the law. Consequently, a key obstacle to be addressed in future measures is the mind-set in public administration rather than a pure legal change.

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Lee, Su-Jin. "Important 2023 Civil Procedure Law Cases". Kyung Hee Law Journal 59, n. 1 (30 marzo 2024): 237–89. http://dx.doi.org/10.15539/khlj.59.1.5.

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This paper examines key civil procedure and execution law rulings issued by the Supreme Court in 2023. We analyze seven significant civil procedure precedents, focusing on: 1. Exclusive international jurisdiction agreements, 2. Ratification of objections and compulsory mediation, 3. Lease contract requirements and enforcement, 4. Protection by provisional seizure: Non-existence and cessation of prescription, 5. Causal relationship and burden of proof in medical malpractice, 6. Reconciliation replacement and res judicata in claim objection lawsuits, 7. Preservation of public property and cancellation registration lawsuits. Each precedent is categorized, summarized by facts, rulings of lower courts and the Supreme Court, with analysis of relevant law and the author's perspective. While some rulings involve international private law, civil law, or commercial law aspects, these are addressed only if relevant to civil procedure. The paper also briefly reviews four major rulings on civil execution law: 1. Indirect coercion, incidental obligations, and claim objection, 2. Execution claim seizure after full order service and its effect, 3. Public notice procedure violation and auction effect, 4. Distribution objection and lawsuit succession. Additionally, a section on “Other Civil Procedure Act Precedents” highlights notable rulings due to space constraints. While not exhaustive, this analysis aims to be a valuable resource for future civil procedure research.

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Yavaşi, Mahmut, e Elif Banu Varlı. "Settlement Procedure in Turkish Competition Law". IUS Law Journal Vol 1, No 1 (2022): 77–93. http://dx.doi.org/10.21533/iuslawjournal.v1i1.11.g5.

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Abstract (sommario):

Settlement procedure, whose legal basis is to be found in the Law No. 4054 on the Protection of Competition, is conceptually discussed in this article by focusing on its legal nature and comparing it to other alternative dispute resolution methods. Our study in this article is limited to competition law, with settlement procedure being the most used procedure in the European Union (EU) and the United States of America (USA) in this area of law. The study, which was based on the Law No. 4054 on the Protection of Competition, was completed by making maximum use of the scholarly works on the subject. In the study, comparisons have been made with EU competition law on how the settlement procedure can be conducted in Turkish Competition Law. The regulations in the Draft are also discussed while making a comparison. The settlement procedure, which did not have a legal basis before in Competition Law, has been evaluated in the light of the decisions in which leniency programs are implemented in current practice. In Turkish Competition Law, the problems that may be encountered in the implementation of the settlement procedure regulated by the Law No. 4054 on the Protection of Competition and suggestions on the solution of these problems are included.

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Gesk, Georg. "Trends in German Criminal Procedure Law". BULLETIN of L.N. Gumilyov Eurasian National University. LAW Series 144, n. 3 (2023): 106–15. http://dx.doi.org/10.32523/2616-6844-2023-144-3-106-115.

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Abstract (sommario):

German criminal procedure law is under constant reconstruction, since its promulgation in the 1870s, it was changed more than 200 times. When a law undergoes long term changes, it is especially interesting to take account of specific trends – where does normative restructuring happen and how are different spheres of reconstruction interrelated. This contribution identifies 4 distinct areas where topics either remain very stable or where criminal procedure law undergoes profound changes. One area that is rather constant is the interest in efficiency of criminal investigation, trial, and sentencing. However, within this common interest in efficiency, we see important changes in the realm of human rights guarantees. Since the German Federal Constitutional Court did substantially change its interpretation of human rights, insisting upon a core of absolute protection within each and every human right, institutional safeguards of human rights in criminal procedure had to be amended, leading to a new emphasis on the principle of proportionality. While this is a trend that is mainly concerned with serious crime, lesser offenses are subject to widespread procedural decriminalization. Such widespread decriminalization is only possible because the role of the victim was newly assessed. Newfound possibilities to actively participate in criminal procedure or to interact with criminal procedure increase acceptance for procedural outcomes apart from criminal sentencing.

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Mykolenko, O. I. "PRACTICAL SIGNIFICANCE OF THE PROVISIONS OF THE LAW OF UKRAINE «ON THE ADMINISTRATIVE PROCEDURE» (CRITICAL ANALYSIS)". Constitutional State, n. 47 (18 ottobre 2022): 40–48. http://dx.doi.org/10.18524/2411-2054.2022.47.265282.

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Abstract (sommario):

The article provides a critical analysis of the provisions of the Law of Ukraine «On Administrative Procedure» in view of the practical significance of its prescriptions. It has been established that the following factors can negatively affect the degree of implementation of a normative-legal act: 1) the level of general and legal culture of citizens; 2) inconsistency of legal prescriptions with the urgent and important needs of society or a certain social group; 3) lack of clear mechanisms for the implementation of norms established in them; 4) the desire of lawyers to transfer generalized theoretical concepts first to the plane of law-making, and then to the sphere of law enforcement. It has been proven that the Law of Ukraine «On Administrative Procedure» is full of theoretical generalizations that do not fully take into account the peculiarities of practice. It was found that the scope of implementation of the requirements of the Law of Ukraine «On Administrative Procedure» is significantly narrowed, which is due to the following factors: 1) the specificity of certain types of social relations, where other procedures are used (for example, court procedures in court proceedings, administrative or official procedures in the field of public services); 2) the existence of special laws that already regulate the specifics of certain procedures (for example, notarial procedures, election procedures); 3) a special regime of legal regulation of such spheres as national security, defense, and investigative activities. Attention is drawn to the fact that already today there are numerous questions regarding the provisions of the Law of Ukraine «On Administrative Procedure» regarding their application. It is emphasized that even more questions regarding the content of the normative legal act will arise after the subjects of law enforcement begin to implement its prescriptions. The following are predicted: 1) numerical changes to the Law of Ukraine «On Administrative Procedure» itself; 2) numerical changes in normative legal acts regulating certain types of administrative procedures; 3) numerous official and unofficial interpretations of the legal prescriptions of the Law; 4) numerical errors of subjects of law enforcement activity. The conclusion that the Law of Ukraine «On Administrative Procedure» ignores the variety of administrative procedures, which are significantly different in terms of purpose, subject and content of administrative case review, subject composition and types of decisions on the case, is justified. It is suggested that the generalized regulation of administrative procedures does more harm than good to the legal regulation of public service relations and relations for the provision of administrative services.

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Tomić, Zoran. "Compatibility of Principles of Administrative Procedural Law". Pravo i privreda 60, n. 2 (30 giugno 2022): 205–23. http://dx.doi.org/10.55836/pip_22201a.

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The article is dealing with the principles of administrative procedural law of Serbia but is also of importance from the point of view of European principle of “good administration”. Principles of pure administrative procedure and those of administrative dispute are substantially different. But, having in mind succession in the course of administrative procedure and administrative dispute existing connection between principles of two procedures is obvious. While principle of publicity and principle of dispositivity are contrary to each other, as well as the position of the main participants in mentioned procedure, some principles, as principle of legality, principle of reasonable time for decision-making, establishing the facts at an oral public hearing, principle of finality, use of language, etc. – make them familiar.

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