Artykuły w czasopismach na temat „Judiciary and judicial procedure”
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Kashindi, George, i Hannah Wamuyu. "Civil court staff in Kenya: working conditions and legal training for an effective procedure". KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 6, nr 1 (2019): 30–42. http://dx.doi.org/10.5771/2363-6262-2019-1-30.
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Courts are very important because their pronouncements become part of the law in light of the provisions of section 3 of the Judicature Act, 1967. Therefore, the process of making judicial determinations on issues before courts must be treated with the necessary efficiency. Delivery of justice involves both judicial and administrative work. That is to say, for expediency in the administration of justice to be met, there is a need for other administrative functions which cannot be done by the judges. Therefore, the role of judicial staff in case management is critical in the functioning of the judiciary. Though the Judiciary has come up with different initiatives to build capacity for judicial staff, the initiatives including the approval of the Judiciary Human Resources Policies and Procedure Manual 2014, continue to exist amidst serious training and human practice challenges on motivation, security, and adequacy of facilities. This paper discusses the initiatives that the Judiciary has put in place to attract and maintain the best human resource capital. It proposes that strategic investment in information and communication technology will help overcome the challenges as the Judiciary moves towards its identified strategic direction of quality judicial service.
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ROMANOV, S. V. "CONCEPT OF AUTHORITY OF JUDICIARY IN CRIMINAL PROCEDURE". Ser-11_2023 64, nr 6, 2023 (20.06.2024): 157–75. http://dx.doi.org/10.55959/msu0130-0113-11-64-6-9.
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The article deals with the de nition of the judiciary and its authority as one of its descriptions as they are presented in procedural science. Attention is paid to the constitutional basis of the independence of judiciary. It is shown that authority of the judiciary is one of its independence guarantees. The di erence between internal and external independence of judiciary as it has been treated in prerevolutionary science is examined, as well as a de nition of the authority of the judiciary as a su ciency of its powers that make it possible to judiciary to control all the criminal procedure, the de nition of the subsidiary bodies of judiciary and their role in provision of the authority of judiciary under the Judicial Reform of 1864. A conclusion is drawn that there are two aspects of the authority of the judiciary: judicial and procedural. Authority of the judiciary is also compared with the principle of equality of everyone under the law and in trial. The evolution of the de nition of the authority of the judiciary in soviet science, when the separation of powers has been rejected and subsidiary bodies of judiciary has been separated from it, and in modern procedural science is exposed. Justice as a key power of the judiciary is compared with its other powers including those administered not by courts.
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Ablaeva, Elvira Bekbolatovna, Anel Rakhmetzhanovna Ensebayeva, Samal Malikovna Mukhtarova, Saltanat Bakytzhanovna Sautbayeva i Mukhtarhan Aidarkhanovich Utanov. "JUDICIAL MEDIATION IN CIVIL PROCEEDINGS REPUBLIC OF KAZAKHSTAN". Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, nr 75 (29.12.2023): 102–14. http://dx.doi.org/10.52026/2788-5291_2023_75_4_102.
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The paper describes the main stages of the emergence, formation and development of judicial mediation in Kazakhstan civil proceedings. The legislation on judicial mediation and the practice of judicial mediation have been studied. The achievements of the judiciary in the settlement of disputes arising from various spheres of legal relations through conciliation procedures, including judicial and classical mediation, are noted. The socio-legal significance of conciliation procedures, which include elements forming the institution of restorative justice, is determined. The study of the conciliation procedure of judicial mediation allowed the authors to establish that today the assistance of courts, conciliation judges, retired judges to the peaceful settlement of disputes is an effective measure to reduce the level of conflict among the population and unloading of courts. Meanwhile, as judicial practice shows, the assistance of courts to the peaceful settlement of a dispute has a positive effect on increasing the level of legal culture of the population and its confidence in the judiciary. The authors show the consistency of judges, conciliatory judges, retired judges in the peaceful settlement of a dispute, the relevance of the conciliation procedure of judicial mediation in society. In the course of the research, normative legal acts regulating the procedure for the peaceful settlement of disputes, conceptual and strategic documents on the development and improvement of the national judicial system, pilot projects of the Supreme Court of the Republic of Kazakhstan on reconciliation in court, before court and outside court, statistical data of courts on conducting conciliation procedures were used.
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Solovyev, Andrey A. "The Composition, Structure of the Superior Judicial Council of the Republic of Tunisia and the Operation Procedure of Its Agencies". Court Administrator 1 (25.02.2021): 49–54. http://dx.doi.org/10.18572/2072-3636-2021-1-49-54.
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The article is focused on a judiciary organ of the Republic of Tunisia — the Higher Magistracy Council (Supreme Judicial Council). The author dwells on the basics of the legal status of the Higher Magistracy Council of Tunisia; explores its structure, which is composed of four bodies, i.e. the Judiciary Council, the Administrative Judicial Council, the Financial Judicial Council and the General Assembly (Plenary Assembly) of the three judicial councils; contemplates the election procedure and main requirements for the prospective candidates to its organs. The main focus is as well laid on the routine of the Council, its working bodies and structural divisions.
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Hooper, Grant Robert. "Three Decades of Tension: From the Codification of Migration Decision-Making to an Overarching Framework for Judicial Review". Federal Law Review 48, nr 3 (29.05.2020): 401–31. http://dx.doi.org/10.1177/0067205x20927811.
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Over the last three decades, Australian administrative law decisions about who will be allowed to stay in Australia have led to more interaction and tension between the elected government (Parliament and Ministry) and the judiciary than any other subject matter. This interaction has been intensified by Parliament’s attempts to amend the Migration Act 1958 (Cth) to codify judicial review and the procedures to be followed when making decisions under the Act. These amendments were made with the specific aim of minimising, if not practically eliminating, the judiciary’s influence over executive decision-making. However, this outcome has not been achieved. Rather, through a thousand cuts, or more literally cases, the codification efforts of Parliament have been weakened. Instead, the judiciary has put in place an overarching judicial review framework centred on the inherently flexible concept of jurisdictional error. This framework places equal emphasis on both express and implied statutory obligations and procedures. Express procedures have often being interpreted to include judicially created natural justice-like obligations and implied procedures often including other natural justice-like obligations or at least a base level of fairness premised on the constitutionally entrenched premise that the executive cannot decide arbitrarily.
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Spáč, Samuel, Katarína Šipulová i Marína Urbániková. "Capturing the Judiciary from Inside: The Story of Judicial Self-Governance in Slovakia". German Law Journal 19, nr 7 (1.12.2018): 1741–68. http://dx.doi.org/10.1017/s2071832200023221.
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AbstractThe article discusses the development in the administration of the Slovak judiciary since the separation of Czechoslovakia and the impact of the empowerment of the judicial self-governance on the functioning of the judicial system. After independence, the administration of the judiciary initially rested in the hands of the executive. In 2002, Slovakia created its Judicial Council and transferred a considerable amount of powers on it, especially related to judicial careers. It was expected that this would de-politicize the judicial system. However, a high level of autonomy of the judiciary chiefly led to the empowerment of judicial elites. This reduced the democratic accountability of the judiciary, encapsulating it from society and enabling it to promote its own interests. Selection processes have often been used to fill judicial ranks with judges with close ties to the system. Accountability mechanisms such as promotions, disciplinary procedures or remuneration schemes were used to reward allies of those on the top of the hierarchy and to punish their critics. Still, adherence to EU-backed standards on the administration of the judiciary may have increased the legitimacy of the judiciary, while concentrating decision-making in one body enhanced transparency, which was furthered due to low public confidence resulting in unprecedented levels of information available about the Slovak judicial system. All in all, the Slovak example displays the dangers of establishing judicial self-governance in countries where an internal ethical culture and a strong sense of judicial duty are still lacking.
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Otcheskaya, T. I., i N. V. Mishakova. "The Role of the Russian Judicial Reform in Improving Judicial and Pre-Trial Proceedings in the Criminal Procedure in Modern Times". Actual Problems of Russian Law 15, nr 7 (7.08.2020): 121–28. http://dx.doi.org/10.17803/1994-1471.2020.116.7.121-128.
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The judicial reform implemented in the Russian Federation and the ongoing judicial construction remain the most important directions of state policy. The paper contains a comprehensive analysis of the organizational foundations of the judiciary, an understanding of the constitutional principles of the judicial system and its features, and includes a study of criminal procedure legislation at various stages of the formation of the Russian state. The methodological basis of the study is a combination of theoretical and empirical research methods. The combination of the analytical and comparative legal method made it possible to form an idea of the evolution of the judicial system and criminal procedure legislation, to compare the legal acts regulating the judicial system and legal proceedings, which made it possible to draw conclusions about the achievements and shortcomings of legal regulation of the area in question. In general, the authors conclude that the reform of the judiciary is positive, since it will increase the accessibility, effectiveness and transparency of justice — the triumph of justice based on the rule of law.
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Kikilashvili, Goga. "Procedure for the distribution of procedural expenses during administrative proceedings (analysis of forensic practice)". Journal of Contemporary Law 2, nr 2 (10.11.2023): 104–14. http://dx.doi.org/10.31578/jcl.v2i2.27.
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Defending rights at judiciary is quite durable and malty-step process that requires reasonablefinancial and time resources. Accordingly, for the disputing party it is crucial to have expectationof reimbursing expenses in case of winning a case, as well as legal basis of reimbursement to beclearly ordered by law.Distribution of trial costs is one of the core procedural institutes and its proper realization enablesdisputing party to achieve reimbursement of judicial and extra-judicial costs besides winning adispute.Legal regulations regarding administrative trail, especially litigation regarding administrativeoffences, contain number of question marks that determine existence of various viewpoints and mayplay a role of obstacle for defending rights by means of judiciary.The presented article aims to explore regulations and case-law regarding distribution of judicialand extra-judicial costs during administrative, especially litigation regarding administrative offences inorder to formulate proper interpretation of corresponding norms.
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Ali, Adan Mohamed Omar. "Judicial Independence in Somalia". Global Journal of Politics and Law Research 12, nr 2 (15.02.2024): 20–31. http://dx.doi.org/10.37745/gjplr.2013/vol12n22031.
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This study is to present a comprehensive understanding of the state of judicial independence in Somalia. It specifically focuses on examining the constitutional provisions and legal framework that govern the independence and immunity of judges in Somalia. Additionally, it aims to evaluate international standards of judicial independence, analyze the composition and functions of the Judicial Service Commission (JSC) in terms of the appointment, promotion, and removal procedures of judicial officers in Somalia. Furthermore, the study aims to identify the challenges encountered by the judiciary and propose policy and legal reforms based on the research findings, with the ultimate goal of enhancing the independence of the judiciary in Somalia. In this study, using qualitative research, the researchers analysed constitutional provisions, legal frameworks, and a range of published and unpublished materials such as books, journal articles, research papers, reports, internet sources, newspapers, legal systems, and the constitutions of Somalia. The study concludes that while Somalia has made efforts to ensure the independence of its judiciary, there are still significant challenges that need to be addressed, particularly in relation to the appointment, promotion, and removal of judicial officers. To strengthen the judiciary and safeguard its independence and integrity, it is recommended to establish a Judicial Service Commission. This commission would oversee the appointment, promotion, and removal procedures, ensuring they are based on merit and transparency. Additionally, the study suggests that legislative solutions should be considered to review and provide clarity in the legal framework. This would help define the roles, responsibilities, and powers of the judiciary more precisely, contributing to a more robust and independent judiciary in Somalia.
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Vitvitskyi, Sergey, Olena Nazymko i Tetiana Ponomarova. "ECONOMIC COMPONENT OF THE JUDICIAL CAREER DEVELOPMENT SYSTEM". Baltic Journal of Economic Studies 9, nr 4 (17.11.2023): 72–78. http://dx.doi.org/10.30525/2256-0742/2023-9-4-72-78.
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The aim of this article is to review the concept of judicial immutability as a fundamental criterion for evaluating the national judiciary system and to ascertain the distinctive features of selecting qualified candidates for judgeship. Additionally, the present condition of the judiciary formation will be examined, alongside identifying the essential economic requirements necessary and sufficient to promote the development of the judiciary system in Ukraine. A scientific discussion of the problem of creating an impartial and transparent procedure for the formation of the judiciary. It is noted that the principle of judicial immutability as a basic criterion for assessing the national judicial system is implemented through: 1) the normatively defined age limit of a judge; 2) a non-alternative list of cases in which a judge may be transferred to another position (including a lower one) without his consent; 3) the established procedure for bringing a judge to disciplinary responsibility; 4) an extensive system of bodies performing organisational, administrative and control functions; 5) provision for the assessment of a judge's activity by independent public bodies (the Council for Public Integrity); 6) available competitive selection for the position, except for the cases established by law. It is found that the current state of formation of the judiciary can be defined as unsatisfactory, which is due to the following reasons: 1) unstable functioning of the institutions responsible for the competitive selection of candidates for vacant positions of judges; 2) inhibition of the judicial reform as a result of the introduction of the legal regime of martial law; 3) decrease in the quality of the financing of the judicial system due to the unstable political and economic situation in the country; 4) lack of an effective algorithm for bringing judges to disciplinary responsibility; 5) an excessively extensive system of subjects for assessing the compliance of candidates for the position of a judge with the requirements set forth in regulatory and legal acts. Results. It is established that the peculiarities of the qualification selection of candidates for the position of a judge include: 1) selection of judicial candidates based on three criteria (competence; professional ethics; integrity); 2) differentiation of subjects for assessing the compliance of a candidate for the position of a judge with a certain criterion defined by law; 3) lack of clear procedural requirements for the High Qualification Commission of Judges of Ukraine as a body tasked with the formation of the judiciary; 4) predominance of discretionary powers of the High Qualification Commission of Judges of Ukraine as the main basis for consideration by the High Council of Justice of recommendations on appointment of a candidate for the position of a judge. It is specified that the economic component of the system of career advancement of judges requires solving such problems as: 1) timely identification and elimination of corruption risks and threats, which should be carried out not by branching the bodies involved in the evaluation of candidates for the position of a judge, but by improving the qualification selection procedure; 2) improving the secondment procedure as a temporary transfer of a judge to another court of the same level and specialisation, which became particularly relevant in connection with the introduction of a special legal regime of martial law and the temporary occupation of certain areas of the state; 3) improving the procedure for attracting international donors for financial support to the judiciary and standardising the procedure for obtaining and using such funds.
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Ryabinina, Tatiana K. "On Strengthening the Legal Status of the Court in the First Trial Stage of the Criminal Procedure". Ugolovnaya yustitsiya, nr 18 (2022): 65–70. http://dx.doi.org/10.17223/23088451/18/11.
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The article analyzes the issues related to the powers of the court at the stage of appointment and preparation of the court session, ensuring the implementation of the judiciary at the present stage of the criminal process, including the following issues: features of the control, verification, organizational, and administrative activities of the court as a form of exercising the judicial power; a differentiated approach to modern legal regulation of judicial activity in the studied stage of the process of administering justice; the need to improve the legal status of a judge as the sole bearer of judiciary by expanding the scope of their powers when deciding on a criminal case submitted to the court.
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Omodele, Adeyemi Oyedele, i A. Olugasa Olubukola. "The Pros and Cons of Technology in the Judicial Process in Lagos State, Nigeria". African Journal of Humanities and Contemporary Education Research 13, nr 1 (31.01.2024): 329–40. http://dx.doi.org/10.62154/f6zr1292.
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The application of scientific knowledge to the practical aims of humans to the change and manipulation of the human environment is called technology. Its application to the judicial process in Lagos State Judiciary has made it easier to access information, file court processes, enable swift, and accurate research, and improve the delivery of justice thereby curbing the delay in the dispensation of justice though this is with some qualifications. The study juxtaposed and analysed the advancement of technology in the judicial process in Lagos State, Nigeria. Historical and case study designs were adopted. Doctrinal method was used in data collection. The primary sources of data were the Constitution of Federal Republic of Nigeria 1999 (as amended), Lagos State High Court (Civil Procedure) Rules 2019; Magistrates’ Court (Civil Procedure) Rules 2009; Lagos State Chief Judge Practice Direction dated April 27, 2020; sources of secondary data were published textbooks, law reports, scholarly peer-reviewed journals, and articles. Data were content-analysed and presented thematically. Findings revealed that technology is needed for the advancement, development, and growth of the judicial process in Lagos State. Many a lawyer and litigants have not utilised the technology in the state’s judiciary. There is no clear legislation in the state protecting or guiding the utilisation of technology in the judiciary save the practice direction issued by the state’s chief judge in 2020. The study concluded that technology is necessary in advancing the judicial process in Lagos State. The study recommended that lawyers and litigants are to be properly educated vide seminars on how to ustilised technology in advancing the judicial process. The Lagos State House of Assembly should initiate a bill for the utilisation and applicability of the technology in the state’s judiciary.
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Nikolova-Marković, Aleksandra. "Civil judiciary and civil justice". Megatrend revija 19, nr 3 (2022): 269–86. http://dx.doi.org/10.5937/megrev2202269n.
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The term "civil justice" as used here encompasses a wide range of issues related to civil procedural law, as part of EU legislation such as the "European judicial area" or the "European legal zone", where "judicial cooperation in civil matter" is intended as a means to achieve the greater goal of progressively establishing the "area of freedom, security and justice". Civil judiciary is not limited to the notion of useful "cooperation" between judicial authorities in different Member States in the context of ongoing litigation. Instead, more far-reaching (and politically sensitive) measures are envisaged, such as measures to harmonize the rules of civil procedure and the effects of judicial decisions outside the borders of the Member State making the decision.
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Kilali, Zahra. "Specific jurisdiction in disputes of public utilities in the light of laws and jurisprudence". Milev Journal of Research and Studies 2, nr 2 (31.12.2016): 259–77. http://dx.doi.org/10.58205/mjrs.v2i2.1236.
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This Although the pros that register on the Civil Procedure Code andadministrative –principally singled specialized part of administrative disputesand procedures before the judiciary-, but he did not devoid of many of the gapsexposed by the applications later.And is the subject of the distribution of jurisdiction between the ordinaryadministrative and judicial authorities most important of these gaps and themost complex, distribution, although it put arbiter between specialists, but didnot constitute a precision and clarity are spent on the intensification of conflictsbetween the judicial authorities, and to eliminate the presence of conflict isproof of this.In this presentation we refer to one administrative disputes that provokedconsiderable controversy in the courtyard of the judiciary topics, the subject ofdisputes, public facilities, by searching in the most important criteria adoptedby the Algerian legislature to determine the jurisdiction of the qualitative inthese disputes, especially as he did not make individually jurisdiction of theadministrative by the judiciary never make it, but also of the jurisdiction of theordinary courts in our study, relying on laws and jurisprudence.
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Lazareva, V. A. "Criminal procedure ≠ criminal justice". Juridical Journal of Samara University 9, nr 3 (10.10.2023): 11–17. http://dx.doi.org/10.18287/2542-047x-2023-9-3-11-17.
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The article deals with current problems and possible options for the further development of criminal procedure law on the basis of an analysis of unity, differences and the ratio of pretrial and judicial stages of proceedings in a criminal case. Examining in historical context such categories as the purpose, tasks and destination of criminal procedure, the author comes to the conviction of the fallacy of the identification of the concepts of criminal procedure and criminal justice that has become familiar. Based on the functional purpose of the main (authority) subjects of criminal procedure, the forms of their interaction, the ratio of pretrial and judicial proceedings are determined. The conclusion is formulated on the need to move to differentiated regulation of the pretrial stage of the criminal process as a sphere of activity of the bodies of accusatory power (preliminary investigation) and judicial stages as an area of functioning of the judiciary. Awareness of the difference in goals and objectives solved during criminal proceedings by subjects of the prosecution and judicial authorities allows us to hypothesize about the need to differentiate the principles of criminal procedure in relation to each of its two parts. The proposed idea should help to solve the most significant problems of criminal procedure law.
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P. Treskov, Aleksej, Evgeniy V. Aristov, Alevtina E. Novikova, Andrey A. Solovyev i Aleksandr D. Khlebnikov. "STANDARD CONSTITUTIONAL CATALOG OF PRINCIPLES OF JUDICIAL AUTHORITY IN THE CIS COUNTRIES". Humanities & Social Sciences Reviews 7, nr 3 (25.05.2019): 521–26. http://dx.doi.org/10.18510/hssr.2019.7377.
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Purpose of Study: The present paper presents the results of a comparative legal analysis of constitutions of the CIS-member states in order to identify a standard catalog of judicial power principles in them, considering their interpretation as a set of fundamental principles determining the institutional and procedural aspects of judicial power. There is a lack of unity in the institutional and procedural aspects of the considered fundamental ideas together with a unified approach to the formation of a principles catalog for the judiciary in the focus group of constitutions.
Methodology: The present study was based on a rational approach to the disclosure of legal phenomena and processes, using general (system, logical, analysis and synthesis) scientific and private scientific methods. Among the latter are the formal legal, linguistic legal, comparative legal, collectively used to identify the judiciary principles.
Results: The identified standard list of constitutional principles of the judiciary in the CIS countries is presented. It includes the justice administration only by the court, organization legality and judiciary activities, prohibition of creation of emergency courts, independence, interaction, inadmissibility of interference with judiciary implementation, openness, competitiveness and equality of the parties, the state language of legal proceedings, cooperation and unity of procedure, court decisions, and state funding of courts
Implications/Applications: The comparative legal analysis, with a unified approach to the formation of the list of principles of the judiciary in the focus group of Constitutions, the lack of unity in institutional and procedural aspects of the fundamental ideas can be still stated. We believe that this discrepancy mediates the integration of the considered principles in the judiciary’s framework.
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Hrin, O. O. "The reform of the court system and judiciary of the carpathian ukraine dur-ing the period of the second regional government of augustin woloshyn (end of 1938 - early 1939)". Uzhhorod National University Herald. Series: Law 1, nr 77 (27.06.2023): 18–23. http://dx.doi.org/10.24144/2307-3322.2023.77.1.3.
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At the current stage of the development of legal science, the historical and legal research of the national system of judicial bodies and the problems of its reform is relevant. The transition of Ukraine from totalitarianism to a democratic, legal, social state contributed to the formation of a new system of judicial bodies, designed to meet the new historical conditions of social development and world standards.The problem of determining the role and place of the judiciary in the legal state, the necessary conditions for the construction of which are the affirmation of the autonomy and independence of this authority, the improvement of the existing system of relations between its bodies and other branches of government, and the optimal balancing of the mechanism of their interaction and mutual control, is gaining considerable relevance. Since the territories of modern Ukraine have been part of various state entities throughout history, the analysis of the reform of the judicial system and the judiciary in these territories is interesting and important in terms of the given problem.The article is devoted to the reform of the judicial system and judiciary of Carpathian Ukraine, which underwent a kind of evolution from autonomy to a federal system within Czechoslovakia and the declaration of independence (end of 1938 – beginning of 1939). It analyzes the process of evacuation and reformation of various judicial bodies caused by the decision of the first Vienna Arbitration (October 2, 1938) on the transfer of a large part of the territories of Czechoslovakia to Hungary, the Constitutional Law on the Autonomy of Subcarpathian Rus dated November 22, 1938 No 328 in terms of functioning, competence and principles of the formation of the judiciary, as well as the order of the second regional government of A. Voloshyn regarding the procedure and principles of the judiciary in the region.
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Chandranegara, Ibnu Sina, i Luthfi Marfungah. "Organizing Court Administration in order to fulfil access to justice under the Covid-19 State of crisis". Research, Society and Development 9, nr 12 (28.12.2020): e41891211113. http://dx.doi.org/10.33448/rsd-v9i12.11113.
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The Covid-19 pandemic in different countries, particularly in terms of performing their duties and functions, has both direct and indirect implications on the judiciary. This paper calls for a contrast between the implementation of law emergencies in the United States and the judiciary's reflection in Indonesia. The study uses the comparative approach in constitutional law to provide advice, which needs to be avoided in the Indonesian constitutional law by researching legal material and procedures in other countries' constitutional law. This article concludes that the Law of Judicial Power and the Law of Procedure in Indonesia require strict legal material on how procedural law does not give delegates too much technical, regulatory authority to each court during the time of crisis and has the potential to create unequal policies in the future to deal with judicial emergencies so that regulation is necessary.
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Rumyantsev, V. O., i S. L. Hotsuliak. "Judicial system and legal proceedings of the Hetmanate (second half of the 17th – first half of the 18th centuries)". Problems of Legality, nr 155 (20.12.2021): 8–25. http://dx.doi.org/10.21564/2414-990x.155.241741.
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The article identifies and characterizes the main stages of formation and transformation of the judicial system and the judiciary of the Hetmanate. The years of independence of the Ukrainian state are marked by rapid changes in the judicial system. The desire of national law to eliminate gaps, determines the interest in the legal past, namely, awareness of the need to reproduce an objective picture of the emergence and evolution of national justice to determine the main directions of its further development. In this regard, the analysis of the judicial system and the judicial process in the Ukrainian lands of the second half of the XVII – first half of the XVIII century. Is useful in some respects. First, an important factor is the appeal to the history of the Ukrainian judicial system, namely the period of the second half of the XVII – first half of the XVIII century, which was decisive for the formation of Ukrainian law as a prototype of European. Secondly, in recent decades there has been an accumulation of significant theoretical and scientific value, which requires a theoretical rethinking of many facts and phenomena. The relevance of the study lies in the accumulation of a large amount of information to reproduce an objective picture of the provisions of the judiciary, which can significantly affect the evolution of the national judicial system and determine its further development. The purpose of the article is to study the structures of the judicial system of the Hetmanate in the second half of the XVII – first half of the XVIII century., And highlight the main features of the judiciary. Issues related to the organization of the judicial system and forms of justice in the Hetmanate in the second half of the XVII – first half of the XVIII century are considered and analyzed. The legal aspects of the organization and activity of various institutions of the judicial system, their jurisdiction and instance are also analyzed. The most significant provisions of the proceedings are highlighted: preliminary investigation, procedure for consideration of the case, evidence, court decisions, the procedure for their appeal and execution.
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Byelov, D., i M. Bielova. "Artificial intelligence in judicial proceedings and court decisions, potential and risks". Uzhhorod National University Herald. Series: Law 2, nr 78 (31.08.2023): 315–20. http://dx.doi.org/10.24144/2307-3322.2023.78.2.50.
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This article traces the role of artificial intelligence (AI) in the judiciary and its impact on judicial decision- making processes. It explores the potential of AI in the field of justice, and also reveals the potential risks associated with its use.
The article examines various applications of AI in the judicial system, including automated processing of legal information, analysis of large volumes of data, prediction of court decisions and the use of assistant robots to support judges in decision-making. The use of AI can speed up judicial processes, improve access to justice and reduce the influence of the human factor on judicial decisions.
However, the article also draws attention to the potential risks of using AI in the judiciary. These risks include the possibility of algorithmic unfairness, lack of transparency of algorithms, breaches of data confidentiality and privacy, and liability issues for errors that may be made by AI. The authors of the article recommend considering these risks when implementing AI in the judiciary and developing ethical standards and legal frameworks for its use.
The general goal of the article is a balanced coverage of the potential and risks of AI in the judiciary, which helps readers get an objective picture of innovations in the field of the judicial system and their impact on the process of judicial decision-making.
The article also explores the use of artificial intelligence (AI) in the judiciary and its impact on judicial decisions in global practice. It review current trends, problems and prospects related to the use of AI in the legal system. It also analyzez the legal, ethical and social aspects of the involvement of AI in court procedures. In addition, the article offers conclusions and recommendations for the further development of this technology in legal practice.
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Borovska, А. "The Establishment of the Institute of the Advisory Bodies in the Judicial System of Ukraine: Historical Context". Uzhhorod National University Herald. Series: Law 2, nr 80 (20.01.2024): 230–34. http://dx.doi.org/10.24144/2307-3322.2023.80.2.36.
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This article examines the historical context of the creation and development of advisory bodies in the judiciary system of Ukraine. The article reveals the evolution of the structure and functions of these advisory bodies, from the Revolution of Dignity to the present day, and analyzes the political, legal, and socio-cultural factors that influenced their formation. The author also discusses the issue of public participation in the formation of the judiciary and public control.
The article is based on an analysis of Ukrainian legislation, scientific works, sociological research, and practical experience of the functioning of advisory and consultative bodies of the judiciary. It was described the role and importance of advisory bodies that were created to assist in the formation and implementation of judicial reform and their contribution to increasing the effectiveness of the judicial system and strengthening democracy in Ukraine. It was also revealed the main reasons for the emergence of the Temporary Special Commission as the first manifestation of public involvement in reforming the justice system and explains the creation, functions, and powers of the Public Integrity Council.
The article also explains that the Ethics Council was created as an auxiliary body in the formation of the High Council of Justice not only to align Ukraine’s direction towards joining the European Union but also due to the total disagreement of society with the existing procedure for the judiciary to exercise its powers.
In conclusion, civil activism was the main prerequisite for the emergence of advisory bodies in the judicial system, with the main function of providing “public control” over the formation of the judiciary through the provision of conclusions on the compliance of candidates for positions and judges with ethical norms, integrity, etc.
The article’s insights can be useful for further research in the field of judicial reform, and for involving civil society in the process of forming a fair, honest, and accessible judicial system.
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Dallara, Cristina. "Powerful resistance against a long-running personal crusade: the impact of Silvio Berlusconi on the Italian judicial system". Modern Italy 20, nr 1 (luty 2015): 59–76. http://dx.doi.org/10.1080/13532944.2014.986444.
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A distinguishing feature of the Berlusconi era has undoubtedly been his personal conflict with the judiciary. Therefore, this article explores the impact of Berlusconi's 20 years in politics on the Italian judicial system. The main argument developed in this analysis is that, thanks to a strong institutional framework built with the 1948 constitution, the Italian judiciary continued to guarantee an effective mechanism of checks and balances. In spite of reiterated attempts by the centre–right majority to modify judicial procedures and organisation to advantage Berlusconi in solving his judicial troubles (ad personam laws), the judiciary was, in the long run, successful in restraining these actions. In fact, several of the ad personam laws were abrogated by rulings of the Constitutional Court, or made substantially ineffective in the implementation stage. Moreover, no substantial reforms of the judicial system have been accomplished, although they were frequently announced. Nevertheless, it may be argued that Berlusconi's anti-judicial rhetoric has had a significant impact on public attitudes towards the judiciary, and contributed to exacerbating the polarisation between two opposite views of the justice system in Italy. The persistent anti-judicial message affected public opinion and was deeply incorporated by centre–right voters, creating a real cleavage on the issue of justice. Moreover, this huge conflict on the justice issue increasingly distracted the attention of political actors from the real organisational problems of the system of justice.
23
Kondrych, Vasyl. "High anti-corruption court in the context of international standards of judicial procedure and administration of justice". Revista Amazonia Investiga 10, nr 46 (25.10.2021): 32–41. http://dx.doi.org/10.34069/ai/2021.46.10.3.
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The article is devoted to the study of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions on the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, formal-logical, comparative-legal and other methods. As a result of the study, the description of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions for the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts, is provided. It is noted that the rapid implementation of international standards in the national legislation and consistent application in law enforcement practice will help to restore the citizens' confidence in the judicial system, strengthen the authority of the judiciary, establish high criteria of competence, professional ethics and integrity, and effectively implement a specialized anti-corruption court in Ukraine.
24
Čvorović, Zoran. "Method of acquisition and termination of judicial office in Serbia in the second half of the 19th century". Zbornik radova Pravnog fakulteta, Novi Sad 54, nr 4 (2020): 1383–413. http://dx.doi.org/10.5937/zrpfns54-29901.
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From the viewpoint of the way of acquisition and termination of the judicial service, judges in Serbia passed a long road from ordinary civil servants that were acquiring and losing their position solely based on the will of the minister of justice, to independent judges with guaranteed tenure appointed on recommendation from the highest courts and dismissed by decision of the highest courts in the country. The path, however, was not straight-line, neither in terms of normative solutions nor in terms of political and social temptations. The Law on Judges from 1881 which regulated the Judiciary of the Principality of Serbia on the principles of judicial consistency, competence and financial security, introduced for the first time the method of electability (co-optation) of judges by judicial collegiums in the Serbian judiciary. At the same time, this Law completely disempowered Minister of Justice of the right to decide on the termination of the judge's office and handed it over to the highest court in the country - the Cassation court. The significance of the formal guarantees of judicial independence, which has been ensured since 1881 by specific procedure of acquisition and termination of judicial office, became questionable due to both "pestilent" touch between judges and politics, but also for substantial number of judges who took judicial independence as judicial irresponsibility.
25
Bakó, Beáta. "Judges Sitting on the Warsaw-Budapest Express Train: The Independence of Polish and Hungarian Judges Before the CJEU". European Public Law 26, Issue 3 (1.12.2020): 587–614. http://dx.doi.org/10.54648/euro2020057.
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This article is a contribution to the vital discussions about the rule of law in the EU, focusing on a specific and crucial element of the rule of law: judicial independence. Recently, the CJEU started to use Article 19 (1) of Treaty on European Union and Article 47 of the EU Charter of Fundamental Rights as a basis for enforcing judicial independence in the Member States in cases which do not contain any explicit cross-border elements. This is how some provisions of the heavily criticized reform of the Polish judiciary have already been declared as contrary to EU law by the CJEU. However, it is not only Poland where judges face difficulties. The main subject of this article is a Hungarian case: a preliminary reference issued by a Hungarian judge questioning his own independence. Judicial independence is not primarily threatened by explicit legal provisions but by the fact that the former head of the judiciary administration regularly misused her competence to invalidate judicial applications over several years. This article analyses the Hungarian preliminary reference and its chances in light of the CJEU’s recent, respective case law, especially the preliminary ruling concerning the Polish National Council of the Judiciary, the KRS (Krajowa Rada Sądownictwa) and the Disciplinary Chamber of the Supreme Court (joined cases C 585/18, C 624/18 and C 625/18). Hungary, Poland, European Court of Justice, Article 19 (1) TEU, Article 47 EU Charter of Fundamental Rights, judicial independence, judicial councils, disciplinary chamber, right to an effective remedy, preliminary reference, infringement procedure, rule of law, C-564/19, joined cases C 585/18, C 624/18 and C 625/18
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Awawda, Osayd. "Assessment of De Jure Judicial Independence of Constitutional Courts According to International Guidelines". Constitutional Review 10, nr 1 (31.05.2024): 202. http://dx.doi.org/10.31078/consrev1017.
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Judicial independence of constitutional courts is of paramount importance because it upholds the rule of law, protects individual rights, and maintains checks and balances in a democracy. Moreover, it ensures impartiality, prevents the abuse of power, and fosters public trust in the legal system. By interpreting and applying the law without external influence, an independent judiciary safeguards the principles of justice and democratic governance. This Article provides criteria for assessing de jure judicial independence of constitutional courts according to four renowned international documents that set normative standards for protecting judicial independence. These four documents are synthesises the literature about the definition of judicial independence, particularly in the context of constitutional courts, and analyses four international guidelines that set essential standards for protecting the independence of the judiciary. These four guidelines are: Basic Principles on the Independence of the Judiciary by the UN,1 Report of the Special Rapporteur on the Independence of Judges and Lawyers,2 the Universal Charter of the Judges,3 and International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors.4 Using conceptual and doctrinal analysis, this Article identifies three key elements of de jure judicial independence: personal, institutional, and procedural. It also establishes practical criteria to evaluate whether the laws governing a specific constitutional court uphold or undermine its de jure judicial independence. Importantly, it is crucial to distinguish between de jure and de facto judicial independence because merely enacting constitutional provisions and laws to safeguard the judiciary does not automatically guarantee an independent judiciary in practice. The discussion of these principles highlights how personal, institutional, and procedural independence can be established and preserved within the courts. This Article concludes that the common purpose of these principles is to protect judges from unwarranted interference, especially from the executive branch. Among the various principles, the most crucial ones were found to be independent judicial appointment procedures and ensuring judges’ tenure is protected against retaliatory actions by the governing regime.
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Trachta, Aleksandra. "Wyłączenie sędziego jako gwarancja niezawisłości sędziowskiej w świetle polskiego Kodeksu postępowania cywilnego oraz aktów prawa międzynarodowego". Acta Iuridica Resoviensia 39, nr 4 (grudzień 2022): 292–308. http://dx.doi.org/10.15584/actaires.2022.4.20.
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The aim of the article is to analyze the institution of exclusion of a judge in the Polish Code of Civil Procedure and in some acts of international law. Judicial independence is an inseparable element of the judiciary and the status of a judge. The exclusion of a judge is intended to ensure objectivity of judgments. This institution is characteristic of the European judicial system. Currently, there are attempts to standardize its application at the international level.
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Rozsnyai, Krisztina F. "Current Tendencies of Judicial Review as Reflected in the New Hungarian Code of Administrative Court Procedure". Central European Public Administration Review 17, nr 1 (24.04.2019): 7–24. http://dx.doi.org/10.17573/cepar.2019.1.01.
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The continuing expansion of judicial review of administrative actions, as seen throughout Europe, led to the engulfment of the administrative judiciary towards the end of the last century. Review within a reasonable timeframe is hard to grant for this reason: the tensions between lawfulness and efficiency are amplified. The answers given to alleviate this tension raise questions that lie at the heart of the principle of separation of powers. This article aims to present some of respective tendencies, which lead to new equilibriums in the system of checks and balances between public administration and the judiciary. To concretise these tendencies, the article analyses some relevant solutions given by the very new code on administrative court procedures, the Hungarian Act No. I of 2017. The most important elements of the regulation of procedures for judicial review of administrative action are provided in a dogmatic and a comparative perspective showing the changes of rules and/or their interpretation through the judiciary. Thus, also important challenges regarding the present understanding of the doctrine of separation of powers are emphasised. The most important elements of the new Hungarian regulation are presented in a coherent system, which also gives insight on the codificational considerations. Moreover, the legislation and jurisprudence must deal with the highlighted aspects in any national and EU legal systems alike.
29
Tsuji, Yuichiro. "Forced sterilization and abortion in Japan: Family and constitution". Bratislava Law Review 2, nr 2 (31.12.2018): 50–63. http://dx.doi.org/10.46282/blr.2018.2.2.118.
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This study analyzes the ght between the Japanese judiciary and legislature. In Japan, under the ex-Eugenic Protection Act, disabled people were obligated to undergo sterilization procedures for about 20 years. This surprising Act was established in 1948 and enabled doctors to sterilize people in order to eliminate hereditary diseases; they could also perform this procedure on physically or developmentally disabled people without their consent. The 2016 Committee on the Elimination of Discrimination against Women advised that research and compensation is urgent and necessary, but the government stated that it was a legal medical operation, and no compensation was necessary. Even under concrete judicial review, the judiciary in Japan may exercise its power to provide remedies for minorities who cannot amend statutes in the political process, or their constitutional rights will be infringed upon. is study argues that even concrete judicial reviews work to prevent serious damage before it occurs. This study will use a legal approach to review the first voting rights decision, as well as several decisions that are relevant to families in Japan. Under a concrete judicial review of the Japanese constitution, a plaintiff needs to bring a dispute in law to the court and allege that the statute or administrative disposition infringes on their human rights as provided for in the constitution. If there is no statute in the case, it is very difficult for a plaintiff to compel the legislature to pass the statute. If the legislature does not function well, the judiciary is obligated to find a way to encourage the legislature or the government to provide a remedy. The judiciary cannot compel the legislature, but may show some of the steps that it follows in its decisions.
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Il’ina, Tat’yana Nikolayevna. "State policy in the field of the judiciary formation in Russia in the second half of the 19th – early 20th century". Current Issues of the State and Law, nr 12 (2019): 432–36. http://dx.doi.org/10.20310/2587-9340-2019-3-12-432-446.
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We study the mechanism of judiciary formation in Russia in the second half of the 19th – early 20th century. We consider the system of requirements for judges of crown and magistrates courts, their practical internship, as well as the procedures for selection and appointment to posts. Special attention is paid to the system of qualification, we consider the educational qualification, experience qualification, moral, property, age qualifications. We draw conclusion that the requirements for judges introduced in 1864 are consistent with the general principles of building the justice system in Russia in the post-reform period. On the other hand, we conclude that the judicial service has just begun to be separated from the general civil service, which has resulted in the extension to judges of individual claims of civil servants. On the basis of the normative legal acts of the second half of the 19th and early 20th century, as well as archival materials, we reconstruct the procedure of granting powers to magistrates and crown judges, and model the most typical judicial career. In general, we draw conclusion that the state policy is effective in the implementation of judicial statutes in the sphere of judiciary formation in Russia of the second half of the 19th – early 20th century.
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Ziółkowska, Agnieszka. "Sądowoadministracyjna kontrola kar administracyjnych w Słowacji – przyczynek do dyskusji o potrzebie zmian w ustawie – Prawo o postępowaniu przed sądami administracyjnymi". Zeszyty Prawnicze Biura Analiz Sejmowych 3, nr 71 (2021): 11–36. http://dx.doi.org/10.31268/zpbas.2021.42.
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The purpose of the study is to present the model of proceedings, in force since 2016 in Slovakia, regarding the administrative court procedure in administrative penalty cases, which can be taken over in whole or in part, or be one of the elements of a broader discourse on potential changes in Law on Proceedings before Administrative Courts, taking into account the specificity and essence of the Polish administrative judiciary. The study contains de lege ferenda postulates regarding changes in the judicial-administrative control of penalties in Poland. In the author’s opinion, the normalization of the judicial-administrative procedure for the control of administrative fines could be the first step towards the unification of the judicial procedure in this area and the resignation from its current multiplicity, by granting exclusive jurisdiction in these cases to administrative courts.
32
Kleandrov, M., i I. Pluzhnik. "THE RANGE OF ADMINISTRATIVE JUSTICE SPECIALIZATIONS IN RUSSIA AND THE OTHER BRICS COUNTRIES". BRICS Law Journal 5, nr 2 (4.07.2018): 24–48. http://dx.doi.org/10.21684/2412-2343-2018-5-2-24-48.
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This article deals with the challenges concerning increasing administrative justice efficacy in Russia and other BRICS countries, where the specialized development of jurisdictional bodies is inconsistent and far from effective. The article analyzes the gaps and disputed aspects of administrative justice including the mechanisms for judicial administrative dispute resolution in the BRICS countries. The authors argue that the level of effectiveness of administrative justice vested in judicial procedures depends critically on the specialization of the administrative courts. This involves individual judges, separately operating permanent judges, judicial committees, mono-courts, independent administrative judicial systems incorporated into larger judicial systems within the courts of general jurisdiction, and separate and independent administrative and judicial systems. Even though the BRICS countries do not have a structured administrative judiciary, the retrospective and comparative analysis of their administrative justice jurisdiction and its most effective practices and mechanisms undertaken by the authors enables them to rethink the existing approach to resolving administrative cases via the judiciary. The aim of the article is to initiate the creation of an independent administrative court system organization in order to ensure better justice in the areas of social life including legal relations with executive bodies. Suggestions for the implementation of the specialization of the administrative judiciary in the Russian Federation are given. The authors, for the first time in Russian jurisprudence, propose a theoretical model of an independent, four-tiered specialized legal mechanism of administrative justice, which includes the interrelated factors of court organization, the judiciary and their legal status. The range of the four specialized tiers of the administrative judicial system is proposed. It is argued that they should include a systematic succession represented by lower courts, first instance lower courts, area courts and a Higher Administrative Court of the Russian Federation.
33
Ryabinina, Tatyana K. "The Role of the Court in Balancing Private and Public Interests in Criminal Proceedings". Rossijskoe pravosudie, nr 2 (20.01.2022): 78–88. http://dx.doi.org/10.37399/issn2072-909x.2022.2.78-88.
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Introduction. The transformation of the state policy in the sphere of public and private law, expressed in the priority protection of the rights and legitimate interests of the individual in any sphere of public life, which influenced the rethinking of the true purpose of the court in society – the administration of justice as the main function of the judiciary, led to the deprivation of the judicial activity of a repressive orientation and led to the reform of the judicial system and judicial proceedings, including criminal proceedings. But a number of problems remained unresolved. Among such problems, the problem of strengthening the judicial power and its implementation in the course of criminal proceedings remains important. The institute of judicial power is the subject of scientific interest of many scientists, their systematic theoretical and applied research, the results of which will make it possible to develop an optimal model of legal regulation of the court’s activities for the implementation of judicial power in criminal proceedings. Theoretical Basis. Methods. The theoretical basis of the research is scientific works in the field of philosophy of law, theory of law, constitutional and criminal procedure law, devoted to such a legal phenomenon as the judiciary, from the position of not only determining its essence and formation, but mainly as a tool for resolving the eternal conflict between the state and the individual in all areas of legal regulation of public relations, including the criminal process. The use of the universal dialectical method of cognition made it possible to study such a legal phenomenon as the judiciary in the development, interdependence and interrelation with such categories as “justice” and “judicial proceedings”. Results. The article reveals promising directions for expanding the dispositive, private principles in such a public sphere as the investigation, consideration and resolution of a criminal case, which can give the court’s activities in the field of criminal justice a truly human rights-based and dispositive character. Discussion and Conclusion. The twenty-year experience of law enforcement practice in the context of the democratization of the Russian state testifies to the constant reform of the judicial system and judicial proceedings in order to strengthen the legal status not only of the court as the sole bearer of judicial power, but also the procedural status of participants in any legal dispute or conflict by giving them greater rights and opportunities to defend their legitimate interests. However, further scientific research of the issues under consideration and the preparation of conceptual proposals to the legislator aimed at changing the norms of the current criminal procedure law are necessary.
34
Hudyma, Vitaliy. "Formation’s Principles of the Judiciary of Ukraine". Path of Science 7, nr 6 (30.06.2021): 1001–9. http://dx.doi.org/10.22178/pos.71-5.
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The article reveals and researches the basic principles of the formation of the judiciary in Ukraine. It is established that judicial corps should be understood as an appropriate number of civil servants who hold the relevant positions as judges in the judicial bodies of Ukraine. It has been proved that judges make universally binding decisions, which determine, for example, other processes of maintaining law and order in the state. It is determined that the legislation lacks a clear definition of the term “judiciary” and lacks the primary grounds and principles by which the process of formation of the judicial corps in Ukraine should take place. It is established that the principles of formation of the judiciary in Ukraine should be based on the requirements for candidates for the position of judges, which are defined by Article 69, “Requirements for candidates for the position of the judge” of the Law of Ukraine “On Judiciary and the Status of Judges”. It is proved that one of the components of the procedure for the formation of the judiciary in Ukraine is the qualification assessment of candidates for the position of judges. It was found out that the qualification assessment of judges by the criterion of professional competence should be based on the principle of specialization and instance. It is established that the main principles based on which the appointment of judges-candidates for the positions of members of the Supreme Council of Justice are: the principle of the rule of law; the principle of professionalism; the principle of publicity; the principle of political neutrality. It is determined that one of the critical principles of formation of the judiciary in Ukraine should be the principle of non-political influence, namely its essence is revealed in the fact that entities that will participate both directly and indirectly in the formation of the judiciary should not, in any case, have any relation to the political sphere. It is noted that the prospects for further research in this area are the study of the holistic system and features of the formation of the judiciary in Ukraine.
35
Burenko, Roman. "Transformation of the Judiciary in Turkmenistan after 1991. Aspects of Development of Administrative Judiciary". National Technical University of Ukraine Journal. Political science. Sociology. Law, nr 3(51) (7.12.2021): 44–56. http://dx.doi.org/10.20535/2308-5053.2021.3(51).246462.
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The article examines the process of formation of the Turkmen judicial system after Turkmenistan declared independence in 1991. The stages of reforming and transformation of the judicial system in the Republic of Turkmenistan in different periods are studied: 1990–2000, 2001–2020. In addition, the structure of the judicial system of Turkmenistan, the system of courts of general jurisdiction (regional courts and local courts), the system of arbitration courts, judicial boards of the Supreme Court of the Republic of Turkmenistan (in civil cases, arbitration cases, administrative cases, criminal cases) is analyzed, and the judicial selfgovernment bodies of the Republic of Turkmenistan are also investigated: the National Conference of Judges, the Qualification Board of Judges, the Council of People’s Assessors at district courts. In addition, the norms of the Civil Procedure Code of the Republic of Turkmenistan, the Arbitration Procedure Code of the Republic of Turkmenistan and the Code of the Republic of Turkmenistan on Administrative Procedures on issues arising from administrative and public legal relations are analyzed. The article draws attention to the lack of functioning of the constitutional judicial system and the Constitutional Court in the Republic of Turkmenistan, as well as the need to establish constitutional control over normative acts of the legislative and executive branches of the republic in the country. It is proposed to establish administrative courts in Turkmenistan in all regional centres of the country and the capital of the republic, as well as to adopt the Code of Administrative Procedure of Turkmenistan in the country. The article draws attention to the fact that the creation or liquidation of arbitration, regional or local courts would be carried out not only on the basis of a Presidential Decree, but also on the basis of a proposal of the Supreme Court of the Republic of Turkmenistan with the consent of the Parliament of the Republic of Turkmenistan.
36
Pekarchuk, A. V. "Justice under the Rule of Law as an Object of Knowledge of Domestic Jurisprudence". Analytical and Comparative Jurisprudence, nr 6 (27.12.2023): 157–61. http://dx.doi.org/10.24144/2788-6018.2023.06.27.
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The judiciary plays an important role in a democratic, law-based state. The independent judiciary is responsible for handling cases, resolving conflicts and evaluating the compliance of laws with the constitution, and also guarantees human rights and freedoms by controlling the legality of actions of other branches of state power. And this factor determines the relevance of research. The existence and effective functioning of the judiciary and the rule of law are key aspects of any modern democracy.
The purpose of the article is to cover justice under the rule of law as an object of knowledge in domestic jurisprudence.
It is proposed to classify scientific sources, covering certain aspects of the administration of justice under the rule of law, into three groups.
The first group of such sources consists of scientific papers, the subject of which is the organization and functioning of judicial authorities. The papers of this group clear up the provisions characterizing the court and justice: the organizational structure of the judicial system; appointment procedures and requirements for the qualification of judges; mechanisms of interaction with other branches of power; judicial process and guarantees of citizens' rights; effectiveness and reforms of the judicial system, etc.
The second group of sources consists of scientific papers, the subject of research of which is the rule of law. The requirements of the rule of law to a large extent concern the judiciary and fair justice determining the isolation of this group of sources.
Researches in this field help to understand how the rule of law affects judiciary, the role of the judicial system in providing it, and how this principle contributes to stability, justice, and abidance by law in society.
The third group of sources consists of scientific papers, the subject of study of which is the determination of directions for improving the activities of the judiciary under the rule of law. These studies can serve as a basis for developing strategies for reforms and improvements in the judicial system with the aim of bringing it closer to high standards of the rule of law and meeting the exigencies of society.
It is summarized that numerous scientific studies of the problems of the judiciary and the rule of law lay a solid foundation for the further development of the relevant provisions in order to strengthen the effectiveness of the judiciary. However, the indicated problems require systematic study, taking into account the need to improve social standards.
37
Wang, Haijun. "Practical requirements and institutional changes in the action of the judiciary during the transition period in Russia". Legal Science in China and Russia, nr 4 (16.09.2021): 118–25. http://dx.doi.org/10.17803/2587-9723.2021.4.118-125.
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. After the collapse of the USSR, Russia entered a new social transition period, and reform in the fi eld of state structures, including the legal system, began. The judicial power plays an important role in the process of legal reform, and is manifested at several levels of the state, society and the individual. Based on the gradual completion of the theoretical and institutional construction of the mechanism of action of the judicial power of the Russian Federation at the beginning of the transition period, the judicial power is gradually being put into practice, but as society develops, the mechanism of action of the judicial power dynamically develops in accordance with practical requirements, including changes in the system of judicial authorities, changes in the mechanism of judicial proceedings, improvement of the mechanism of control and ensuring the mechanism of judicial power, as well as separation of the power of execution of a sentence from the judicial power.In particular, in the system of judicial authorities, due to excessive pressure on the consideration of cases, the institution of justices of the peace, established during the judicial reform of 1864, was restored in order to ease the burden of the federal court and at the same time achieve a quick resolution of disputes between residents; The complete consolidation of the constitutional judicial system led to the gradual establishment of constitutional (statutory) courts of the subjects of the Russian Federation, which would allow improving the foundations of the constitutional judicial system and the constitutional judiciary in Russia; To address the review of judicial practice in cases related to the resolution of disputes on the protection of intellectual rights, the Intellectual Property Rights Court was established, which expanded the requirements of the judiciary in specialized areas; In order to eliminate various differences between the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation in the interpretation of many laws, the functions of the Supreme Arbitration Court of the Russian Federation were included in the Supreme Court of the Russian Federation.As for the reform of the mechanisms of judicial proceedings, the institution of juries was restored during the judicial reform of 1864 in order to get rid of the institutional abuses associated with the institution of people’s assessors in the USSR; During the period of general social transition and judicial reform in Russia, the change in legal concepts and the requirement of judicial practice led to Russia reviewing and evaluating the institution of judicial precentors and; The principle underlying human rights in the Constitution has brought the role of the judiciary in the fi eld of ensuring and protecting civil rights to a signifi cant one, and the mechanism of administrative action has gradually changed with the adoption and application of the Code of Administrative Procedure of the Russian Federation. In the fi eld of improving the mechanism of control and ensuring the mechanism of judicial power, the judicial power, after judicial reform and institutional construction, achieved a situation of developing independence, a control mechanism was created by a subject consisting of the constitutional court of the Russian Federation, the parliament, the prosecutor’s offi ce, an autonomous body of judges, at the same time, the judicial department under the Supreme Court of the Russian Federation provided for the actions of the judiciary in the transitional period of the Russian Federation.The execution of decisions is the fi nal point of the judicial power, so the issue of the execution of decisions becomes an integral part of the exercise of judicial power in judicial reform, as well as concentrated in civil areas, while a specifi c way of reform is the separation of the power of execution of a sentence from the judicial power. The above will be a manifestation of the institutional transformations of the mechanisms of action of the judiciary to adapt to social development in the transition period. In a special and long process of transition, the judicial power of Russia could achieve useful action, as well as the renewal and transformation of institutions that are formed in practical processes, contributed to the continuous development of the judicial power, while the mechanism of action of the judicial power is continuously being improved.
38
Jones, Timothy H. "Judicial review and codification". Legal Studies 20, nr 4 (listopad 2000): 517–37. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00158.x.
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This article addresses the potential advantages and disadvantages of codifying the grounds of judicial review of administrative action. The four principal legal values associated with codification are described: certainty; clarity; democratic legitimacy; and rationality. The extent to which codification might further these values is considered in the light of two comparative models: the United States Administrative Procedure Act 1946 and the Australian Administrative Decisions (Judicial Review) Act 1977 (Cth). It is concluded that codification offers no solution to the practical and theoretical problems of judicial review. Codification places the content of the principles of judicial review in the hands of politicians. Australian legislation limiting the grounds of review available in migration cases shows the danger to the separation of powers inherent in codification. If it is thought desirable to foster the further development of the principles of judicial review, this can best be achieved by leaving the task to the judiciary.
39
Johnston, Ed. "All Rise for the Interventionist". Journal of Criminal Law 80, nr 3 (czerwiec 2016): 201–13. http://dx.doi.org/10.1177/0022018316647870.
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This paper will examine the changing role played by the judiciary in criminal trials. The paper examines the genesis of the adversarial criminal trial that was born out of lifting the prohibition on defence counsel in trials of treason. The paper will chart the rise of judicial passivity as lawyers dominated trials. Finally, the paper examines the rise of the interventionist judiciary in the wake of the Auld Review that launched an attack on the inefficiencies of the modern trial. To tackle the inefficiencies, the Criminal Procedure Rules allowed the judiciary to reassume a role of active case management. The impact an interventionist judiciary has for adversarial criminal justice is examined. The paper finds that a departure from traditional adversarial has occurred; the criminal justice process has shifted to a new form of process, driven by a managerial agenda.
40
Kernoz, N. Ye, i V. V. Prysiazhnyi. "The state of the judiciary and access to justice during martial law: today's realities". Analytical and Comparative Jurisprudence, nr 6 (27.12.2023): 676–80. http://dx.doi.org/10.24144/2788-6018.2023.06.116.
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The article analyses the updated statistics and comprehensive laws adopted in Ukraine in 2023 to introduce the activities of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and the Public Integrity Council, without which it was impossible to continue the procedure for appointing judges to positions in order to form the judiciary with impartial and honest judges.
The ongoing judicial crisis in Ukraine is exacerbated by the insufficient number of judges in the Ukrainian judiciary, which affects access to justice
Since the beginning of the full-scale war in Ukraine on 24 February 2022, 124 premises out of 118 judicial institutions have been damaged, and preliminary estimates suggest that over €47.2 million (UAH 1.88 billion) is needed to restore the operation of courts in these premises.
To restart the selection and qualification assessment of judges within the newly established High Qualification Commission of Judges of Ukraine with the active participation of the Public Integrity Council by amending the legislation to improve the selection of judges by optimising the stages of the competition, reviewing the duration of mandatory training of judges, adopting clear evaluation criteria and scoring methodology; to restart the selection of judges to fill about 2,000 judicial vacancies and qualification assessment of about 1,500 current judges with the meaningful participation of the Public Integrity Council.
The authors identify the negative consequences of the judicial crisis: excessive workload of judges; delays in consideration of court cases; untimely court decisions; and violation of access to justice. In order to solve these problems, it is necessary to accelerate the process of staffing the judiciary with integrity judges. The authors conclude that the development of the judicial system requires sufficient material and technical support.
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Hersant, Jeanne. "Patronage and Rationalization: Reform to Criminal Procedure and the Lower Courts in Chile". Law & Social Inquiry 42, nr 02 (2017): 423–49. http://dx.doi.org/10.1111/lsi.12272.
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This article analyzes how the lower criminal courts in Chile transitioned from an inquisitorial to an adversarial justice system between 2000 and 2005 as part of the Criminal Procedure Reform. Drawing on the frame analysis of the street-level bureaucracy and judicial ethnography, I examine the transition between two different types of judicial bureaucracy from the perspective of the actors who implemented the reform. The study is based on in-depth interviews with officials and judges of both inquisitorial and adversarial courts, administrative managers of the new courts, and actors who designed the administrative reorganization of lower criminal courts. The study involved a three-month, weekly observation in an inquisitorial court in Santiago de Chile. The article emphasizes the specificity of the Chilean judiciary, where both inquisitorial and adversarial criminal courts still coexist.
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Ablaeva, E. B., A. R. Ensebaeva i M. A. Utanov. "Ensuring the Rule of Law in Public Administration and Local Self-Government". Lex Russica 1, nr 2 (28.02.2020): 141–52. http://dx.doi.org/10.17803/1729-5920.2020.159.2.141-152.
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The paper examines the powers of the judiciary to ensure the rule of law in the sphere of public administration and local self-government, which, according to the authors, consist in the implementation of the judicial control function by the courts. Granting the judicial power with the function of judicial control and expanding the scope of its implementation is one of the mechanisms that, in conditions of ensuring the rule of law, are necessary in order for everyone to exercise their constitutional freedom to appeal to the court against illegal acts, decisions, actions or omissions of public authorities, their officials, and civil servants. It is obvious that the role of the judiciary is significantly enhanced in the implementation of the second institutional reform to ensure the rule of law. Today, the rule of law in the sphere of state and local government is ensured the implementation of judicial control by courts of general, specialized and higher jurisdiction, as well as specialized formulations courts of the Republic of Kazakhstan in accordance with the RK legislation on civil and criminal procedure and administrative offences. However, according to the study, administrative and judicial reforms carried out in parallel in the Republic of Kazakhstan have resulted, on the one hand, in strengthening judicial control in the sphere of state administration and local self-government, and, on the other hand, in restricting the constitutional right to judicial protection and freedom of appeal in court. According to the authors, the steps to optimize the courts, consisting in the transition from a five-level court to a three-level court, have not achieved their main goal-to simplify access to justice.
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Grajewski, Krzysztof. "Nowelizacja ustawy o Sądzie Najwyższym z 9 czerwca 2022 r. – zmiana prawdziwa czy pozorna?" Przegląd Prawa Konstytucyjnego 69, nr 5 (31.10.2022): 29–38. http://dx.doi.org/10.15804/ppk.2022.05.02.
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This paper is devoted to the Act of June 9, 2022 amending the Act on the Supreme Court and certain other acts. Despite the liquidation of the Disciplinary Chamber of the Supreme Court, the analysis of this act leads to the conclusion that the Polish legislator petrifies the unconstitutional judicial appointments. Judges appointed to the Supreme Court with the participation of the National Council of the Judiciary, formed according to unconstitutional rules, will be able to continue to exercise judicial functions in that court. In addition, the unconstitutional procedure for the appointment of judges remains unchanged.
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Mistygacz, Michał. "The position of the judge in Poland within the judicial system". Studia Politologiczne 2020, nr 58 (15.11.2020): 25–48. http://dx.doi.org/10.33896/spolit.2020.58.2.
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The purpose of the article is to present the fundamental rules and regulations constituting the position of the judge in Poland, which finds its basis first of all in the regulations of the basic law interpreted over the years by the Constitutional Court, but now – in the norms of international law. Moreover, the author included his thoughts on the issues of the legitimization of judicial power and its relationship with the legislative and the executive. He also referred to the ongoing discussions on the status of the National Council of the Judiciary as a constitutionally-established body, whose task is to guarantee the independence of courts and the independence of judges in Poland. Furthermore, the article discusses the procedure and criteria of appointing a candidate to the position of a judge to different levels of the judiciary. It also deals with the basic elements guaranteeing the effectiveness of the principles of the independence of the judiciary such as neutrality, irremovability, incompatibility, immunity and the judge’s material status.
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Zubuair, Mahdee. "16th Amendment Controversy between Legislature and Judiciary: An Analysis". Asian Journal of Humanity, Art and Literature 9, nr 1 (30.06.2022): 9–18. http://dx.doi.org/10.18034/ajhal.v9i1.635.
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The constitution is the guide that leads a nation to prosperity. We cannot think of a modern state without it. So, after nine months of long blood-shedding battle in 1971, Bangladesh achieved her long-awaited independence and, therefore, made an instant effort to formulate a constitution rapidly, based on the ideological spirit of the war of independence. However, to accommodate the demands and will of the people and even sometimes to fulfill the narrow interests of the rulers, Bangladesh Constitution has been amended several times. Except for a few cases, almost every amendment; has a tremendous political impact on the constitution. Bangladesh's Constitution was recently revised to include a parliamentary procedure for judicial discipline for high court judges. The previous one supported judicial independence and separation of powers. The current system compromises judicial independence with accountability. As a result, the judiciary seems to fail to maintain its dignity and discharge its sacred responsibility.
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Pechegina, Polina D., i Maria O. Diakonova. "Specialization of Judicial Activity in Foreign Legal Orders2". Russian Journal of Legal Studies (Moscow) 10, nr 2 (18.07.2023): 62–73. http://dx.doi.org/10.17816/rjls346670.
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The article analyzes such a trend in the development of modern civil procedure as the specialization of judicial activity. The authors identify judiciary and judicial aspects of the specialization of judicial activity, different mechanisms of such specialization are given, their variability is justified. On the basis of the experience of different legal orders (Australia, England and Wales, Germany, India, Spain, Italy, Russia, USA, France, etc.) the forms of judicial specialization are shown. Thus, examples of functioning of independent courts for administrative, intellectual, labor, family, land, bankruptcy, financial, and patent disputes are shown. Mechanisms of judicial specialization are also formulated, in particular, branch division of procedural order of consideration and resolution of cases; division into kinds and subspecies of proceedings according to substantial-legal or procedural-legal feature; creation of procedural peculiarities of consideration and resolution of certain categories of cases caused by substantial-legal feature of a case; creation of procedural peculiarities of cases consideration in reviewing instances courts.
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Nigam, Dr Ashok. "In Defence Of Collegium System With A Caveat". Journal of Legal Studies & Research 09, nr 01 (2023): 233–56. http://dx.doi.org/10.55662/jlsr.2023.9104.
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This article undertakes a detailed examination of the arguments put forth on both sides of the debate and critically evaluates them in light of the fundamental principles of the country’s jurisprudence, constitutional morality, its seventy five years long experience as a democratic polity and its wider socio-cultural milieu. The Collegium System is not perfect, just like any other constitutional institution in our democratic set up, it plays an important role in ensuring the independence of judiciary. Despite its shortcomings, like democracy, it continues to be the best system amongst available alternatives. Truly, if the last bastion of independent judiciary falls, then the country would enter the “abyss of a new dark age”. What is the independence of the judiciary if independent and fearless judges are not being appointed?’ This article do recommendations for judicial reform with regard to the Collegium system. These include broadening the process of consultations for choosing meritorious judges by including consultations with the bar and other judges of the same court and taking into account principles of judicial federalism inculcated under article 124 of the constitution. It also recommends making the selection procedure faster, more efficient and inclusive by ensuring greater representation of women, Scheduled Caste and Schedule Tribes and other disadvantaged groups.
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Hdanskyi, Nazar. "Measures to ensure the institutional independence of the judiciary". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, nr 40 (18.12.2023): 283–93. http://dx.doi.org/10.23939/law2023.40.283.
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Abstract. In accordance with international legal standards in Ukraine, the independence of judges is guaranteed by the Constitution (part one of Article 126). It is prohibited to influence the judge in any way (part two of Article 126 of the Constitution of Ukraine). Also, the first part of Article 129 of the Basic Law of Ukraine states that a judge, when administering justice, is independent and governed by the rule of law. The institutional independence of the judiciary is implicitly embodied at the level of the text of the Constitution of Ukraine, in addition to the above-mentioned norms, also in part one of article 6 (state power in Ukraine is exercised on the basis of its division into legislative, executive and judicial), parts one and two of article 8 (in Ukraine the principle of the rule of law is recognized and applied. In addition, the content of Articles 128, 129-1, 130, 130-1, 131 of the Basic Law of Ukraine gives the scientist grounds for the conclusion that the institutional independence of the judiciary is also guaranteed by the independent procedure for appointing a judge to a position determined at the constitutional level, the binding nature of a court decision , ensuring the proper financial maintenance of judges and financing of the judicial system, independent mechanisms for selecting judges and bringing them to disciplinary responsibility, independence of judicial self-government and governance. The above constitutional guarantees of the independence of the judiciary are specified at the legislative level - first of all, in the Law of Ukraine "On the Judiciary and the Status of Judges", most of the articles of which to one degree or another are related to the principle of independence of judges, in addition, Article 6 of the Law is separately devoted to this issue. We must emphasize that the independence of the judiciary is a necessary basis of a civilized society, the real provision of which is, in turn, a mandatory condition for building a legal democratic state - in the modern world, it is an axiom that does not need any additional argumentation. We consider the independence of the judiciary as a phenomenon caused by internal and external factors. The internal aspect of an independent court can have many components, but, first of all, it is based on the moral principles and ethical norms of a specific person - a judge. Here, the concept of independence is very closely intertwined with such categories as impartiality, impartiality and justice, ultimately denoting a certain way of thinking. After all, it is obvious that each person perceives the same circumstances individually, through the prism of their own ideas about the world. Specific factors that someone will leave out of consideration (for example, statements, comments of colleagues, publications, etc.), for another can have a decisive influence on the formation of an attitude towards a certain person or a certain situation, therefore, the lack of moral maturity of a person who administers justice can nullify the constitutional and legally established guarantees of judge independence. Let us emphasize that internal independence in the context described above is the personal duty of every holder of judicial power - a judge, which originates from the moral and ethical qualities of a specific person and determines the corresponding results of his activity. The external factor that ensures the review and decision of the case by an independent judge is the independence of the judiciary as one of the main values of a modern democratic state, as a sign of the relationship of a judge (a specific holder of judicial power during the performance of his official duties) with any subjects. It is argued that the institutional independence of the judiciary is a complex and multifaceted phenomenon, since it should be considered as the prevention of any undue external influence on the judiciary, its full autonomy from other branches of government, which not only means non-interference in the function of justice, but also involves compliance judicial independence in all its aspects, manifestations, guarantees of independence and inviolability of judges in full. Such independence is universal in the constitutional and legal dimension due to its significance as an essential requirement of the principle of separation of powers, the rule of law and the right to judicial protection. Today, as the analysis of the latest trends in the practice of the Court regarding the protection of judicial independence convinces, it is not individual guarantees of judicial independence that are violated, but an intervention in the institutional independence of the judicial branch of government in Ukraine as an independent arbiter from among other branches of government through the implementation of a set of legislative changes regarding the national judiciary. systems that encroached on its constitutionally defined structure and key guarantees of the independence of judges (the principle of immutability of judges, their proper financial maintenance, ensuring the independence of judicial governance). This testifies to the presence of signs of a crisis in the relationship between the legislative and judicial branches of power, which undermines public trust in the latter, contradicts the constitutional principles of separation of powers, the rule of law, nullifies the right to judicial protection, weakening the constitutional legal order in general.
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Cristóvam, José Sérgio Da Silva, i Manoella Peixer Cipriani. "Sobre o ativismo judicial nas questões relacionadas ao direito à saúde: mensageiro da boa nova ou lobo em pele de cordeiro / Judicial activism in matters related to the right to healthcare: bearer of good news or wolf in sheep’s clothing". Revista Brasileira de Direito 13, nr 3 (22.12.2017): 163. http://dx.doi.org/10.18256/2238-0604.2017.v13i3.1944.
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Resumo: Com a omissão dos Poderes Executivo e Legislativo na formulação de políticas públicas adequadas e satisfatórias, a sociedade passou a buscar no Judiciário a efetivação de seus direitos constitucionais, principalmente o direito à saúde. Submisso ao princípio da inafastabilidade judicial e primando pelo respeito e efetivação da constituição, o Poder Judiciário popularizou a concessão de medicamentos e tratamentos médicos por meio de ações judiciais. A justificativa é de que cabe também ao Judiciário a concretização da Constituição e, diante da característica de eficácia plena que possui o direito à saúde, conceder tais medidas quando provocado. Entretanto, essas ações tornaram-se cada vez mais comuns e a consequência foi que as decisões judiciais passaram a interferir expressivamente no orçamento público, provocando alterações significativas nas verbas destinadas as políticas públicas de saúde. Essa é a temática central desse estudo, em especial o debate sobre os limites ao ativismo judicial em matéria de saúde. O método utilizado é o dedutivo e monográfico e a técnica de pesquisa bibliográfica. Palavras-chave: Ativismo Judicial; Controle de Políticas Públicas; Direito à saúde; Estado constitucional de direito; Legitimidade e limites. Abstract: Given the omission of the Executive and Legislative Branches in the formulation of appropriate and satisfactory public policies, society has come to claim through the Judicial System their constitutional rights, especially the right to healthcare. Submitted to the principle of non-obviation of jurisdiction and prioritizing the respect and enforcement of the constitution, the Judiciary popularized the provision of medicine and treatments through lawsuits. The justification is that it is also the Judicial Branch’s role to ensure the Constitution is enforced and, ruled by the immediate effect that the right to healthcare bears, grant these measures when provoked. However, these actions have become increasingly common and the result is that the decisions of the judges began to meaningfully interfere in government budget, significantly changing funds for public healthcare policies. This is the central theme of this study, especially the debate on the limits to the judicial activism in healthcare. The research used the deductive approach, monographic method and technical literature procedure. Keywords: Judicial Activism; Control of public policy; Right to healthcare; Constitutional state of law; Legitimacy and limits.
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Ilkov, Vasyl. "The Supreme Court's decision in the model case as a judicial precedent in the legal system of Ukraine". Slovo of the National School of Judges of Ukraine, nr 4(29) (11.02.2020): 5–16. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-1.
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The publication deals with the concept and features of the Supreme Court's decision in the model case as a judicial precedent. The judicial precedent in the legal system of Ukraine is the Supreme Court's decision in an exemplary case, which contains conclusions on the application of the rules of law and a formulated rule. After the adoption of the new version of the Code of Administrative Judiciary of Ukraine and the direct introduction of the mechanism of decision-making in the model case and the actual systematic review by the courts of first instance of numerous typical cases on the basis of the model case, it can be concluded that in the legal system judicial precedent becomes a source of law in the administrative proceedings. In the countries of the Anglo-American system of law, the Supreme Court ensures the unity of the case law at the highest level. The precedent system is vertical and requires judges to adhere to the decisions of high courts. Today in Ukraine, belonging to the countries of the Romano-German legal family, one can already speak about the official use of precedents in the administrative process, namely the informal application of precedents in the decisions the Supreme Court in model cases. The main features of judicial precedent are the fact that it is created when considering a particular case, combines individual-legal and normative-legal features, dynamism and a high degree of specification of the legal norm, which is objectified in the judicial precedent. Such decisions are always reasoned, authoritative and public. A model decision contains the circumstances of a model case, which determine the typical application of substantive law and the procedure for applying such rules by courts and the subject of power, as well as the decisions in exemplary cases substantially optimize, refine and facilitate the judicially procedure in typical cases by a regional courts. Key words: court precedent, model case; a typical case; Supreme Court decision in an exemplary case, source of law.