Artykuły w czasopismach na temat „Proceedings”
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1
Veterníková, Mária, i Ján Mišura. "Bankruptcy Trustee in Insolvency Proceedings as an Entrepreneur and as a Subject of the Proceeding". Studia commercialia Bratislavensia 4, nr 13 (1.01.2011): 153–59. http://dx.doi.org/10.2478/v10151-011-0004-1.
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Bankruptcy Trustee in Insolvency Proceedings as an Entrepreneur and as a Subject of the Proceeding The article deals with the position and activities of bankruptcy trustee in bankruptcy proceeding, restructuring proceeding and in proceeding on debt relief. These proceedings are being called insolvency proceedings. The paper brings a closer look on conditions of trustee's activity and his/her activities in various types and stages of insolvency proceedings. The authors analyze the fact whether trustee's activity meets all attributes of enterprising.
2
Fursa, S. Ya, i E. I. Fursa. "The theory of the executive process and its conceptual apparatus". Uzhhorod National University Herald. Series: Law, nr 64 (14.08.2021): 346–51. http://dx.doi.org/10.24144/2307-3322.2021.64.63.
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The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and analyzes them makes development forecasts and proposals for the implementation of scientific forecasts to the legislation on enforcement proceedings and examines the organizational issues of such activities. With regard to the procedural part, the following components should be distinguished in the theory of enforcement proceedings:
1. Enforcement acts as a basis for enforcement proceedings2. Subjects of enforcement proceedings, which in turn are divided into persons:– who enforce decisions;– participants in enforcement proceedings (parties to enforcement proceedings; other interested parties; representatives in enforcement proceedings);– involved in enforcement actions;– persons on the rights that may be affected by the ongoing enforcement proceedings3. General conditions for enforcement proceedings;4. General rules of enforcement proceedings;5. Special rules for enforcement proceedings.6. Transnational enforcement process.The subject and object of science are revealed. Significant attention is paid to the conceptual apparatus, in particular, such concepts as enforcement proceedings, enforcement proceedings, debtor, debt collector, voluntary, enforcement of decisions, etc. are formulated. The essence of the method of legal regulation of public relations in enforcement proceedings as a «method of sanctioned coercion» due to the specifics of the activities of executors in the enforcement of court decisions and decisions of other bodies (officials).
3
Harskyi, Oleksandr, i Svitlana Didyk. "ANTI-PATTERNS IN CRIMINAL PROCEEDING: DOES JUDICIAL PROCEEDING IN CRIMINAL PROCEEDINGS NEED A STAGE «PREPARATORY PROCEEDING»". Slovo of the National School of Judges of Ukraine, nr 1-2(38-39) (21.11.2022): 241–61. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-22.
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«Preparatory proceeding» as a stage of judicial proceeding, must reflect their role, which cannot be an imposition on the overall judicial proceeding. Each stage of the process has its own tasks and goals. It is impossible to identify the stages of the process, as their semantic load is different and aimed at achieving a different goal. Obviously, all of the court’s preparatory actions must be aimed at organizing future trial. The rights of the parties and participants of criminal proceedings must be taken into account, who could file their petitions and statements before the beginning of the trial, regarding the measures to ensure the criminal process, provision of evidence and notification of the line of defense and prosecution in the trial. Such actions can obviously be accomplished without any separate stages of proceeding, since most court cases do not need the separate attention of the court to achieve the purposes of organizing the trial. In its current legislative meaning, «Preparatory proceeding» accordingly is an obvious anti-pattern of the criminal process, because it has lost all its necessary elements and procedures, which should have contributed to the proceeding. The mechanical administration of justice at this stage of the process merely fulfills a procedural rite of passage. In fact, this stage of the process has become a rudiment that delays criminal proceedings. In the article the author proposes eliminating such stage of the trial as «Preparatory proceeding» or transforming it into an optional stage (at the discretion of the court) to provide judicial proceedings with more effective means. Additionally European legislation, in which even if the stage of proceedings such as «Preparatory proceeding» is inherent, is also being analyzed, it is effective and necessary only where it is seen by the judge as reasonable. It is common sense and reasonable independence in decision-making that Ukrainian criminal procedure lacks. The implementation of such innovations is bound to affect both the efficiency of the court proceedings and to improve the procedure of the court proceedings itself. In addition, such changes will not affect the scope of rights of the parties to criminal proceedings; on the contrary, the parties to criminal proceedings and its participants may exercise their rights regarding the organization of the process and its course either in a free form before or at the first court hearing, by filing petitions, applications and relevant evidence or at the first court session. It is possible to create normative mechanisms based on the example of the European legislation, which would allow the presiding judge at his discretion, depending on the circumstances of criminal proceedings, to conduct preparatory proceedings or immediately move to the stage of trial. Key words: criminal procedure, criminal proceeding, preparatory proceeding, judicial proceeding, effective judicial proceeding, anti-pattern.
4
Kotlán, Pavel. "Relationship of Criminal Proceedings to Civil Litigation, Insolvency and Tax Proceedings". DANUBE 11, nr 2 (1.06.2020): 141–55. http://dx.doi.org/10.2478/danb-2020-0008.
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Abstract The main goal of this article is to clarify the nature of criminal proceedings and its relationship to civil litigation, insolvency and tax proceedings. The understanding of the purpose of the proceedings, the nature of the liability fulfilled in the proceedings and the principles on which the proceeding is based can facilitate the investigation of economic crime by the prosecuting authorities. The results of the work lead to the conclusion that key factors are the purposes of each proceedings and differences in the principles by which they are governed. But legal norms are not always unambiguous – for instance, in the issue of the so-called punitive damages, the relationship between collateral proceedings and insolvency proceedings or the nature of penalties under Art. 251 of the Tax Code.
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Cudak, Arkadiusz. "Means of challenging the description and evaluation of real property in administrative and judicial enforcement proceedings". Nieruchomości@ IV Wydanie elektroniczne (19.12.2023): 209–24. http://dx.doi.org/10.5604/01.3001.0054.1295.
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The article analyses the description and valuation of real estate means of challenge in administrative and judicial enforcement proceedings. In the first mentioned proceeding, this action may be sued by an allegation against description and valuation, not by complaint against an act in enforcement proceedings. However, in enforcement proceedings concerning civil cases, this act may be appealed against with a complaint against bailiff's actions. The level of participants protection in both proceedings is similar. The author proposes legislative changes aimed at replacing the description and valuation means of challenge in administrative enforcement proceedings with a complaint against an enforcement action.
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Klimek, Libor. "Recodification of Slovak Criminal Proceedings: Early Ideas, Concrete Steps and Its Subsequent Application". AUC IURIDICA 69, nr 3 (15.09.2023): 49–58. http://dx.doi.org/10.14712/23366478.2023.26.
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The article deals with recodification of Slovak criminal proceedings. It is divided into three sections. The first section is focused on the early idea of recodification of Slovak national criminal law and the introduction of innovations of national criminal proceedings. While the second section is focused on adoption of new Criminal Proceeding Code No. 301/2005 Zb. and understanding of “redesigned” criminal proceedings, the third section is focused on necessary improvement of criminal proceedings in the light of the electronic monitoring of persons.
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Tahiiev, S. R., i A. A. Borysenko. "Evolution of the preparatory judicial proceedings in the criminal procedural legislation". Scientific Herald of Sivershchyna. Series: Law 2021, nr 3 (15.12.2021): 101–14. http://dx.doi.org/10.32755/sjlaw.2021.03.101.
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The article deals with the genesis of the preparatory judicial proceedings phases in the criminal procedural legislation. The stages, that took place at different period throughout the history of national criminal trail development are characterized. The article aims at investigating the specific features of every stage of the preparatory judicial proceedings. Special focus is placed on revealing the essence and purpose of the preparatory judicial proceedings phase. The paper provides an overview of the Criminal Legislation Statute that caused the reform in the judicial system in 1864; the Code of Criminal Procedure dated 1922, 1927 that resulted in transformation of the pre-trail stage; the Criminal Procedural Code of Ukraine dated 1960, 2012. The key tasks to be solved at every stage of preparatory judicial proceeding are also outlined. The essence of the stage of preparatory proceedings according to current Criminal Procedural Code is considered. As the probation agency was included to the parts of the court proceedings, its role in terms of investigating for the court and writing pre-sentence reports (also known as probation reports, the main aim of which is to give information characterizing an offender) at the stage of preparatory judicial proceedings is also highlighted in the paper. The article also covers main objectives of the court at the preparatory stage; as well as measures to ensure criminal proceedings that may be used at the stage of pre-trail investigation in order to achieve the effectiveness of criminal proceedings. From the analysis made, it can be affirmed that preparatory judicial proceedings are constantly changing; and its main task is to create prerequisite for resolving criminal proceeding in a legal, fair and efficient manner at the stage of pre-trail hearing. Key words: stages of preparatory judicial proceedings, pre-trail proceedings, evolution, statutory regulation.
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Cvorovic, Zoran. "Contemporary reform of the criminal proceedings in the Republic of Serbia: Legal history view". Zbornik Matice srpske za drustvene nauke, nr 154 (2016): 19–36. http://dx.doi.org/10.2298/zmsdn1654019c.
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This article aims to review some solutions in the Criminal Procedure Code (CPC) from 2011, which represents breaking with former Serbian and Yugoslav tradition in criminal proceedings. These are, primarily, novelties related to opportunism in prosecution, plea bargaining and presentation of evidence by parties that all devalue principles of material truth determination in proceedings. This work establishes connection between the aforementioned solutions of Serbian legislator and the development of continental European criminal proceeding over centuries. Comparative historical legal analysis of these norms in the Serbian CPC begins with the key turning point in the development of the continental European criminal proceedings - suppression of the adversarial system by the inquisitorial proceedings in the XVI and XVII centuries. As this change has been closely related to the transition of, up to then, dominant type of states (feudal mosaic states to absolute monarchies), these modern changes in criminal proceedings are analyzed not only from the point of view of criminal procedure evolution, but also from the point of view of the evolution of states. In England, country of origin of Anglo-Saxon civilization, the old adversarial system was not transformed into inquisitorial, contrary to the development of the continental criminal proceedings. This transformation was prevented by Puritan revolution, similarly as it prevented the transformation of English state into absolute monarchy. Continental and Anglo-Saxon criminal proceedings have developed as two completely separate systems since then. This article further elaborates some of the key criminal law traditions in continental criminal proceedings and substantive criminal law which resulted from the introduction of the inquisitorial proceedings: development of complicity and guilt as institutes, final suppression of self-representation, incrimination of false testimony and perjury. These are directly related to the active role assigned to court in inquisitorial proceedings, and to court?s obligation to determine material truth. Changes in the role of court also result from the change of states; while weak feudal states were satisfied with passive courts, powerful absolute monarchies demanded courts with active role in all phases of proceedings. Modern Americanization of some European proceeding regulations, as it is the case in Serbia, brings discontinuation in legal proceeding tradition of these states, but also, necessarily, influences regression into domination of adversarial proceedings character?ized by passive court. In continental tradition it also consequently indicates a weak state.
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Baumanis, Jānis. "COMPLETION OF CRIMINAL PROCEEDINGS AGAINST SEVERAL PERSONS IN A REASONABLE TERM". Administrative and Criminal Justice 2, nr 71 (30.06.2015): 10. http://dx.doi.org/10.17770/acj.v2i71.4336.
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The author in his article analyses person’s rights to finalization of criminal proceedings within a reasonable period of time in case of criminal proceedings against several persons. In analysis the author provides an overview of legislation, regarding finalization of criminal proceedings within a reasonable period of time, reflects conclusions made, regarding the initial and final point of criminal proceedings within a reasonable period of time, provides a description of judicature, regarding finalization of criminal proceedings against several persons and points to the problems related to finalization of criminal proceedings against several persons within a reasonable period of time. In the end author concludes that as soon as there are few persons involved in criminal proceeding, who have right to defense, the provisions of Law on Criminal Proceedings become ineffective and constitute a menace to person’s rights to finalization of criminal proceedings within a reasonable period of time.
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Kosior, Paulina. "Dostęp do protokołów z rozpraw sądowych w postępowaniu cywilnym w systemie portalu informacyjnego sądów apelacji warszawskiej". Themis Polska Nova 14, nr 2 (2018): 238–49. http://dx.doi.org/10.15804/tpn2018.2.12.
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Legislator in Poland from 2010 started procedure of computerization civil proceedings. The biggest modification of the Civil Code and Civil Code of Procedure was introduced at 8 September 2016, from when both parties to court proceedings have access to electronic protocols, pleadings and have a possibility to submit pleadings via IT system. This article aims to describe the access to electronic protocols in civil proceedings based on the Information portal of courts of the Warsaw Appeal. The Information portal of courts of the Warsaw Appeal is a system, which can be used by both parties in a court proceeding, by attorneys, judges and prosecutors. This information portal includes courts in/on the area of the Warsaw Appeal Court. The Information portal contains documents„ which the courts have made, current information about court proceedings, dates of cases, electronic protocols and recordings. The considerations elaborated in this article relate mainly to the access of the electronic protocol in civil procedure, how the Information portal works and which effect it have on the momentum of the trials. The aim of the computerization done by the Polish Legislator was to accelerate the civil proceedings, allow to deliver documents made by court or by each party of proceeding, lower the costs of proceeding and simplify the proceeding. In conclusion it should be pointed out that the positive aspects of access to the protocols from hearings prevail over the information portal of the Warsaw appeal.
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Jagieła, Józef. "Połączenie kilku sądowych postępowań egzekucyjnych toczących się co do nieruchomości. Zagadnienia wybrane". Przegląd Prawa Egzekucyjnego 2024, nr 2 (10.06.2024): 44–74. http://dx.doi.org/10.62627/ppe.2024.012.
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This article discusses the combination of enforcement proceedings conducted against the same real property or different real properties in the context of principles set out in the Civil Procedure Code which stipulate that the same real property or a part of the same real property can be subject to one enforcement proceeding or that the enforcement proceedings against each real property or a part of each real property should be conducted separately. At the beginning, it discusses terminological issues because the legislator and the doctrine use different terms to define the combination of enforcement proceedings. Then, it describes the combination of enforcement proceedings as stipulated in the Civil Procedure Code. Firstly, it discusses the combination of enforcement proceedings on the basis of Art. 921 § 1 of the Civil Procedure Code and then on the basis of Art. 930 of the Civil Procedure Code, including in particular the amendments made to that article on the basis of the Act of 9 March 2023 on amendments to the Civil Procedure Code and certain other acts (Journal of Laws no 2023.614). Finally, it discusses the combination of enforcement proceedings on the basis of Art. 926 of the Civil Procedure Code, which may also result in several enforcement proceedings against real property coming within one enforcement proceeding. For editorial reasons and as this subject has been discussed at length by M. Walasiak (Egzekucja z kilku nieruchomości dłużnika stanowiących całość gospodarczą, PPC 2012, No 1), the combination of several enforcement proceedings against real properties that constitute an economic whole is omitted in the article.
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Vatras, V. A., i V. V. Getsko. "Оpening of proceedings in civil and economic proceedings: a comparative aspect". Uzhhorod National University Herald. Series: Law 1, nr 82 (16.05.2024): 419–23. http://dx.doi.org/10.24144/2307-3322.2024.82.1.67.
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The article provides a comparative analysis of the problems of opening proceedings in civil and economic processes. The procedural norms of the EU member states, which regulate the procedure for opening proceedings in civil and economic processes, have been analyzed. It is additionally substantiated that the opening of the proceedings in the case is the first stage of proceedings in any private law case considered by the court. Every person has the right to apply to the court if he needs the protection of his rights, in case of their violation, non-recognition or appeal. It has been proven that the presence of such a procedural stage as the opening of proceedings in the case is important in view of checking the compliance of the content and form of the claim statement with the requirements of the law, as well as clarifying the procedural legal personality and in order to prevent abuse of the right to defense. A comparative analysis of the norms of the Civil Procedural Code of Ukraine and the Economic Procedural Code of Ukraine was carried out, which made it possible to single out the following common features: the opening of the proceedings is singled out as a stage within the framework of the legal proceedings; to open a proceeding, a person must file a lawsuit, in which he can request a simplified proceeding; control powers are provided in the court to verify compliance of the claim with procedural requirements, while the same period (five days) is provided for issuing a decision on leaving the claim without movement, changes were simultaneously made to the analyzed procedural codes regarding control over the registration of the electronic cabinet by the plaintiff; judicial control is provided for the compliance of the claim with the requirements of the procedural legislation in the relevant proceedings; in the case of leaving the statement of claim without movement due to deficiencies that can be corrected, the same period for their elimination is given - ten days; similar additional grounds for returning claims, etc. are defined. Differences in procedural norms regarding the opening of proceedings are highlighted. It is substantiated that the opening of the proceedings in the case is a separate stage of the civil process, which is important in view of the realization of a person’s right to judicial protection, which implements the primary tools of judicial control aimed at guaranteeing the balance of private and public interests, in particular the right to fair judicial protection and prevent abuse of the person’s right to defense.
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Kim, Chi Tran, i Vu Tran Tuan. "Status of the victim in the adversary proceeding: Experience from Russia and recommendation for the Vietnam’s criminal procedures". Vestnik of Saint Petersburg University. Law 14, nr 3 (2023): 721–37. http://dx.doi.org/10.21638/spbu14.2023.310.
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Nowadays, most researchers believe that Russian Federation’s Criminal Procedure follows a mixed model instead of the traditional inquisitorial procedure model. Using the Russian Federation as an example, this article raises questions, including: How will the acquisition of adversarial elements affect the victim? Is the victim an independent party to participate in the adversary proceeding? Do the adversarial activities of the victim and the other subjects exist at the pre-trial stages? In Vietnam, with the limitation of the victim to participate actively in the adversary proceeding, it will be difficult for the victim to protect his or her legitimate rights and interests in criminal proceedings. He/she participates in the proceedings passively with the same role as witnesses. This article explores the role and position of the victim in the adversary proceeding of Russia. Analyzing the rights and obligations of the victim in the adversary proceeding, this article found that the victim in the Criminal Procedure Code of the Russian Federation is eligible to participate in the adversary proceeding as an independent party. Based on the results of research on the limitations of the victim’s role in Vietnamese criminal proceedings, the article discusses the significance of this study and proposes approaches to improve the victim’s participation in the adversary proceeding in Vietnam’s criminal justice system.
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Olefir, L. I., i A. A. Borysenko. "CLASSIFICATION OF STAGES IN JUDICIAL PROCEEDINGS". Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, nr 1 (30.08.2021): 88–97. http://dx.doi.org/10.32755/sjcriminal.2021.01.088.
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The article highlights the concept and essence of the judicial proceedings stages. The specific features of the proceedings stages in terms of their legal nature, functional purpose and their place in system of criminal proceedings are revealed. The correlative communications with other stages of criminal trial is proved. The article is based on the analysis of scientific sources, domestic legislation, generalization of the practice of applying legal requirements and scientific knowledge. It is found out that all stages of criminal process are considered as interactive and separate parts of criminal procedural activities that can be characterized by certain features of criminal procedural form. It is defined that features of judicial proceedings stages include range of persons, series of procedural activities and procedural decisions. Every stage is separated from one another by the final procedural decisions, which divide the previous stage from the next one, complete implementation of procedural activities specific for earlier stage and afford an opportunity to conduct following procedural activities. The article also provides an overview of the classification of judicial proceedings stages. The analysis of scientific and legal literature reveals that the procedure of bringing a person to criminal responsibility is be considered as a stage of a criminal prosecution instead of a stage of criminal proceedings. Summing up the results, it can be concluded that the system of criminal proceedings passes the following stages 1) pre-trial investigation; 2) preliminary proceeding; 3) judicial proceedings; 4) proceedings in the court of appeal; 5) execution of court decision; 6) proceedings in the court of cassation; 7) proceedings in the Supreme Court; 8) proceedings on newly discovered circumstances. Key words: stages, judicial proceedings, criminal proceedings, classification, procedural activities.
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Mevorach, Irit, i Adrian Walters. "The Characterization of Pre-insolvency Proceedings in Private International Law". European Business Organization Law Review 21, nr 4 (26.02.2020): 855–94. http://dx.doi.org/10.1007/s40804-020-00176-x.
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AbstractThe decade since the financial crisis has witnessed a proliferation of various ‘light touch’ financial restructuring techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spectrum of insolvency and restructuring law, somewhere between a pure contractual workout, the domain of contract law, and a formal insolvency or rehabilitation proceeding, the domain of insolvency law. While, to date, international insolvency instruments have tended to define insolvency proceedings quite expansively, discussion of the cross-border implications of pre-insolvency proceedings has barely begun. The question is whether pre-insolvency proceedings should qualify as proceedings related to insolvency for the purpose of private international law characterization. The risk is over-inclusivity of cross-border insolvency law, which, where it is based on universality and unity, might defeat contractual expectations. This article argues, however, that we should be slow to exclude pre-insolvency proceedings from cross-border insolvency law: these proceedings are initiated in the zone of insolvency, their effectiveness depends on a statutory mandate and not purely on private ordering, they interact and intersect with formal proceedings, and can benefit from the unique system developed by cross-border insolvency law. We suggest, though, that modified universalism (the leading norm of cross-border insolvency) and international insolvency instruments, should, and are able to, adjust to the peculiarities of pre-insolvency proceedings to address concerns about inclusivity and accommodate pre-insolvency proceedings adequately.
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Ciesliński, Marcin Mikołaj. "Aktualne problemy postępowania pojednawczego". Studia Iuridica 75 (23.10.2018): 19–29. http://dx.doi.org/10.5604/01.3001.0012.6907.
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The text refers to the evolution and problems with interpretation of provisions of conciliatory court proceeding in Polish law. Conciliatory court proceeding is regulated by articles 184–186 KPC (The Civil Proceedings Code). Author considers the role of that institution and indicates that although there was not many amendments in above provision of law there was some important court decision relating to this proceeding. Also views of doctrine is still developing. Contemporary conciliatory court proceeding can be used to the all cases that could be terminated by agreement also these that are non-litigious proceedings. It should be noticed that in practice the main role of the conciliatory court proceedings is to interrupt the limitation period. However part of the subjects in civil procedure use the institution contrary to law. They are not interested in agreement but they want only to interrupt the limitation period multiple time to keep their claim. Such way of using conciliatory court proceeding should be treated as abuse of law. Author also shows how important is right classification of conciliatory court proceeding. It can even influence the proper learning process at University. Finally there are presented proposed amendments in law prepared in Government’s Draft of 27th November 2017 relating to the conciliatory court proceeding. Author assumes that conclusion of agreement in conciliatory court proceeding is proper way to finish dispute between the parties. It gives possibility to reduce costs, time and even make people to forget and reconcile animosity.
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Čolović, Vladimir, i Siniša Aleksić. "Koordinacija stečajnih postupaka – sa posebnim osvrtom na transfer sredstava stečajne mase i stečaj povezanih društava / Coordination of Bankruptcy Proceedings - with special emphasis to the the transfer of bankruptcy assets and to bankruptcy of a members of group of companies". Годишњак факултета правних наука - АПЕИРОН 6, nr 6 (11.07.2016): 5. http://dx.doi.org/10.7251/gfp1606005c.
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The possibility to start against the debtor more bankruptcy proceeding, of which one is main bankruptcy, and the other are secondaries or specials, has led to the necessity of defining the rules governing coordination of these proceedings, in order to achieve the unity of the bankruptcy assets and to the equal settlement of creditors. Today, national laws and international statutory sources contain rules governing the coordination of bankruptcy proceedings. However, these rules have their basis in Private International Law. The author presents the rules of the EU Regulation No. 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings, then the rules of Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, and, also, the rules of the USA legislature. The paper analyzes the status of the foreign bankruptcy decision on the territory of the country of recognition, then, the relationship and cooperation between the subjects referred to bankruptcy proceedings, in particular between the bankruptcy trustees, as well as between foreign bankruptcy trustee and the court, and the transfer of bankruptcy assets from the secondary to the main bankruptcy proceeding, which defines the status of the main relative to the secondary proceeding. Special attention is paid to bankruptcy of a members of group of companies.
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Milovanović, Dragana. "Procedure for exercising the rights of a person wrongfully deprived of liberty or wrongfully convicted". Zbornik radova Pravnog fakulteta Nis 60, nr 92 (2021): 259–76. http://dx.doi.org/10.5937/zrpfn0-33698.
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The Criminal Procedure Code of the Republic of Serbia provides special proceedings for exercising the rights of a person wrongfully deprived of liberty or wrongfully convicted (Chapter 25, Articles 583-595 CPC). The introduction of such proceedings in the Serbian criminal legislation is a consequence of an enormous number of acquittals, particularly in cases where the defendant has been subjected to the most serious security measure aimed at ensuring presence of the accused person in criminal procedure. These proceedings appeared to be necessary for the purpose of exercising the wrongfully detained or convicted person's right to compensation for damage. In particular, it refers to situations where the final court decision was reversed and the person was acquitted after lodging an appeal for extraordinary legal remedies. In such circumstances, the procedure includes two interconnected stages: initiating an administrative proceeding and initiating court proceedings. Thus, if the injured party does not exercise the envisaged rights on the basis of the submitted request for initiating the administrative procedure, he/she is entitled to initiate court proceeding before the competent court against the Republic of Serbia as a responsible party. By introducing the possibility of exercising the injured party's rights in administrative proceedings, the legislator's primary goal when prescribing this procedure was to ease the courts' workload in handling collective lawsuits. In that context, the aim of this paper is to describe the process of initiating and conducting both phases of these proceedings, and to point out to some omissions in the work of the Damage Compensation Commission in the course of administrative proceedings, which are detrimental to the injured party and directly contrary to the legislator's intention. For the purpose of precluding future omissions, the author draws attention to the main drawbacks of the entire procedure.
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Prihodko, I. A. "Arbitration proceedings and the concept of “connected process” (based on the materials of the scientific and practical conference dedicated to the memory of Professors A. K. Sergun and A. T. Bonner, “The subject and principles of civil procedural law: modern problems”)". Courier of Kutafin Moscow State Law University (MSAL)), nr 12 (16.03.2022): 71–82. http://dx.doi.org/10.17803/2311-5998.2021.88.12.071-082.
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The article analyzes the unique properties of arbitration proceedings that integrate civil and criminal types of processes. Implemented in the APC the possibility of joint consideration in arbitration proceedings of claims for bringing to administrative responsibility together with other requirements, in the author’s opinion, proves the fundamental possibility of joint consideration in this legal proceeding of an economic dispute and a criminal case arising from it, which will exclude the possibility of obtaining in the framework of criminal proceedings a different result of resolving an economic dispute than that which can be achieved by applying to an arbitration court.
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Levchuk, V. O. "Differentiation of the criminal procedural form in relation to accomplices of organized forms of complicity in the form of allocation of criminal proceedings in relation to one or more of them." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, nr 14 (1.09.2023): 458–64. http://dx.doi.org/10.33663/2524-017x-2023-14-458-464.
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The article highlights the issue of segregation of criminal proceedings in respect of one or more accomplices to differentiate the criminal procedural form of criminal proceedings in respect of accomplices in organized forms of complicity. In the case of differentiation of the criminal procedural form for a participant in an organized form of complicity by separating criminal proceedings, courts mostly do not have problems in establishing the nature and degree of participation of the member of the organized group in respect of whom the trial is being conducted in the separated criminal proceedings. At the same time, the verdicts do not have any problems with establishing the signs of an organized form of complicity (organized group, criminal organization), of which the perpetrator committed the relevant criminal offense as a member. When considering the materials of the segregated criminal proceedings against one or more accomplices of organized forms of complicity, courts should not, in their verdict, be excluded from deciding the fate of evidence in another criminal proceeding (i.e., the original criminal proceeding from which the materials of the proceedings against the accomplice were segregated), as this may adversely affect their properties. It is recommended that courts in this case indicate in the verdict that the fate of material evidence in the separated criminal proceedings against an accomplice in an organized form of complicity will be decided after consideration of the original criminal proceedings from which the materials were separated during the pre-trial investigation. When distributing procedural costs among participants in organized forms of complicity, courts mostly use various criteria for differentiating the criminal procedural form of such a decision, such as the criteria of personalization, specification, proportionality, and consideration of the type of accomplice. However, there are cases when only the proportionality criterion is used for this purpose. At the same time, the recovery of procedural costs from participants in unorganized forms of complicity (for example, the recovery of procedural costs for conducting an examination of each member of a group of persons by prior conspiracy) is carried out using only one criterion – proportionality. When passing a verdict on an accomplice whose criminal proceedings have been separated into separate proceedings, the court may impose on him/her the obligation to compensate for the damage caused jointly with the previously convicted person who was an accomplice in the jointly committed criminal offense. Key words: differentiation, criminal liability, criminal proceedings, complicity, accomplice, organized form of complicity, criminal procedural form, sentence, court, allocation of criminal proceedings, procedural costs, determining the fate of material evidence, compensation for damage caused by a criminal offense.
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Skrypnyk, Andrii V. "PROBLEMATIC ISSUES OF ALLOCATING MATERIALS FOR PRE-TRIAL INVESTIGATION INTO SEPARATE PROCEEDINGS". Poltava law review, nr 2 (17.04.2024): 79–89. http://dx.doi.org/10.21564/2786-7811.2.297371.
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The article deals with the problematic issue of extracting the materials of the pre-trial investigation regarding unidentified persons (without notification of suspicion). The factual (material) grounds for separating pre-trial investigation materials into a separate proceeding, developed by domestic judicial practice, are highlighted. Information about the person who committed the offense has been included in a number of sub-legal requirements for the selection of pre-trial investigation materials in the part of maintaining the Unified Register of Pre-trial Investigations. Considerable attention is paid to the study of judicial practice regarding the assessment of the possibility of releasing the materials of the pre-trial investigation without prior notification of the suspicion to the person about whom the proceedings are released. It has been established that a formalized and procedurally formalized connection between the proceeding and the person who allegedly committed it is embedded at the legislative level in the basis of the institution of the separation of pre-trial investigation materials both in relation to the "mother" proceeding (the proceeding from which the materials are extracted) and in relation to the "subsidiary" proceedings (proceedings formed as a result of separation of materials). It was concluded that the criminal proceedings, from which the materials of the pre-trial investigation are to be separated (the "parent" criminal proceedings), must have an evidentially confirmed and formally established connection between the criminal offense and the person who is suspected of committing it, due to which the decision on the separation of pre-trial investigation materials becomes possible only after the person is notified of the suspicion. The judicial practice, which reflects a negative assessment of the separation of pre-trial investigation materials regarding unidentified persons ("by the fact"), is examined in detail. On the basis of the conducted research, it was concluded that the connection between a person and a committed criminal offense is recognized as a mandatory component of a separate criminal proceeding, and the absence of data on a person suspected of committing a criminal offense is perceived as a basis for recognizing the resolution on the selection of pre-trial investigation materials as illegal and as such, which is subject to cancellation.
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Iurkevich, Mariia Aleksandrovna. "Should videoconference be elected over personal presence in criminal legal proceedings?" Право и политика, nr 1 (styczeń 2021): 12–22. http://dx.doi.org/10.7256/2454-0706.2021.1.34835.
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This article analyzes the conditions and legal ramifications of application of videoconference in various forms of criminal legal proceedings, highlighting practical issues emerging in arrangement of participation of parties in criminal proceedings via videoconference calls. As a product of digital technologies, videoconference is examined not only as a formal means of communication used by parties to a legal proceeding, but also as one of the means of exercising the right to a fair trial. The object of this research consists of communication and procedural relations arising between the parties to a legal proceeding with application videoconference. The subject of this research covers the entire complex of fairly recent norms for the Russian criminal procedural regulation governing application of videoconference on various stages of criminal proceedings on a case. The article contains practical recommendations by indicators that should be considered in determining optimal forms of participation in a criminal proceeding, as well as actions of parties that must be undertaken if during application of videoconference, the rights of the defendant are violated or the standards of fair trial are not being met. The article complies answers to the most topical questions on videoconference calls, taking into the consideration practical experience of the author, as well as relevant case law of the Russian courts and the European Court of Human Rights. The conclusion is made that application of videoconference is allowable in legal proceedings of the courts of first instance and courts of appeal in criminal cases heard in special order, cassation instance, supervisory instance, in execution of sentence, as well as within the framework of judicial control at pretrial stage in a criminal case, but only if procedural guarantees could be provided to all parties of the proceedings. In a trial by jury such technology is unacceptable.
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Chernykh, I. I. "Philosophical Meaning of Civil Proceedings". Actual Problems of Russian Law 19, nr 2 (22.01.2024): 97–103. http://dx.doi.org/10.17803/1994-1471.2024.159.2.097-103.
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The paper touches upon the general theoretical provisions of law and civil proceedings, set out in one of the scientific works of Professor M.S. Shakaryan. The basis for assessing these views is an ontological approach to defining the meaning of existence as a philosophical category inextricably linked with momentary existence, presented as a facet of the projection of personal and social experience into the future. Reliance on the existential interpretation of the category of meaning in this approach helps to identify the philosophical content of civil proceedings, assess the role and significance of such a phenomenon as error for judicial enforcement in civil disputes. The essential features of this phenomenon are revealed, attention is drawn to the difference in the nature of a party’s mistake in a civil proceeding and a court’s mistake, the phenomena of civil law and criminal proceedings determined by existence are compared with an error as a phenomenon of civil proceedings. The approach to considering a court decision as a turning point in the transformation of objectively studied personal experience into confirmed public experience is substantiated.
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Rohatiuk, Ihor. "Basic principles of the prosecutor in criminal proceedings under Criminal Procedure Code of Ukraine". Internal Security 8, nr 1 (30.01.2016): 111–22. http://dx.doi.org/10.5604/20805268.1231545.
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Principles have always been the cornerstones of criminal proceedings’ legal regulation affecting all participants of criminal process. Taking into account the accelerated pace of current law enforcement reforming it is necessary to mention the prosecution institute and key role of criminal proceedings’ principles presenting scientific background for further empirical findings. The majority of these principles defines the priority growth directions of criminal process as well as creates friendly environment for behavioral aspects of criminal proceeding parties. This article provides comparative analysis of the existing criminal procedural principles of the prosecutor’s role in the criminal proceedings with specification of the legality principle as a requirement for all subjects of the criminal proceedings, including the prosecutor, to use the norms and provisions of legal acts correctly, to comply it consistently and perform accurately, explores the historical origins of these principles and their determinants’ origin starting from the times of Kievan Rus and its unique judicial system and proves that the adversarial principle is closely connected with dispositivity of prosecutor’s participation in criminal proceeding. An emphasis is placed on correlation between the ‘principles’ and ‘foundations’ terms examined by Ukrainian and Soviet scholars and its application in relation to the newly adopted Criminal Procedure Code of Ukraine.
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Droba, Petru. "PROCEEDINGS". IFAC Proceedings Volumes 40, nr 8 (2007): i—ii. http://dx.doi.org/10.3182/20070709-3-ro-4910.90001.
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Moncrieff, Anne, K. L. Gauri i J. A. Gwinn. "Proceedings". Studies in Conservation 31, nr 2 (maj 1986): 93. http://dx.doi.org/10.2307/1506008.
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Norton, Robert. "PROCEEDINGS". Australian Dental Journal 30, nr 6 (grudzień 1985): 397. http://dx.doi.org/10.1111/j.1834-7819.1985.tb02547.x.
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Schuind, F. "Proceedings". Annales de Chirurgie de la Main et du Membre Supérieur 10, nr 3 (styczeń 1991): 258–60. http://dx.doi.org/10.1016/s0753-9053(05)80293-5.
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Schuind, F. "Proceedings". Annales de Chirurgie de la Main et du Membre Supérieur 11, nr 3 (styczeń 1992): 241–42. http://dx.doi.org/10.1016/s0753-9053(05)80376-x.
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"THE PROCEDURE OF LAND PLOTS OWNERSHIP ALLOTMENT IN TERMS OF ADMINISTRATIVE PROCEEDING STRUCTURE". Journal of V. N. Karazin Kharkiv National University, Series "Law", nr 29 (2020). http://dx.doi.org/10.26565/2075-1834-2020-29-23.
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The article is devoted to the analysis of administrative proceedings structure concerning the ownership of land plots, which are implemented in the local government authorities’ activity process. The theoretical basis of the article are the traditional for the science of administrative law views upon administrative process and administrative proceedings gist and content, as well as the views upon the administrative process structure in terms of such its feature as staging. It is shown that the difficulty of administrative proceedings structure determining on free land plots ownership for citizens is that each of its stages has features of separate administrative proceedings. This is a proceeding for granting permission for the development of a land management project as for land allotment, a proceeding for the development and approval of a land management project for the land plot allotment, a procedure for approving a land management project and providing a land plot for ownership. It is suggested to refer to such proceedings as “stage proceedings” or “sub-proceedings”. Stage proceedings or sub-proceedings can be defined as a substantively separated, time-bound and logically related set of procedural actions that, in the aggregate, constitute independent administrative proceeding within the framework of higher-level administrative proceeding. A characteristic feature of sub-proceeding is that they are implemented in a clearly defined sequence and have no independent value beyond the general administrative proceeding for the land plots ownership granting. The procedural purpose of each sub-proceeding is related to the ultimate procedural purpose of the general administrative proceeding. Each of the sub-proceedings results in the adoption of an administrative act, namely the decision of the local council to grant permission for the development of land management for allotment of land plot; act of the land management project approval by the executive power authorized body; the decision of the local council to approve the project of land management and allotment of the land plot in ownership. It is concluded that there is no stage of decision execution for the provision of land plots in the administrative proceedings structure, since the decision of the local council as for approval of land management project on the land allotment and the provision of the land plot to the property do not require activity for its implementation. The legal consequences of this decision arise automatically and consist in the person’s having ownership of the land plot. As for the subsequent registration of ownership right, it is carried out according to independent administrative registration proceeding.
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Pratyush, Shashwat. "AN INSPECTION OF LEGAL DILEMMA IN ARBITRATION PROCEEDINGS AND INSOLVENCY PROCEEDINGS". JOURNAL OF UNIQUE LAWS AND STUDENTS II, nr III (30.03.2023). http://dx.doi.org/10.59126/v2i3a2.
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Arbitration proceedings are intended to resolve the dispute between contractual parties according to the contract by which parties bind and govern by the mutually decided laws. Arbitration and Conciliation Act 1996 derived its source from UNICTRAL model law on International Commercial Arbitration in 1985. Whereas, the Insolvency proceedings are right in rem means that it can adjudicate the claim of people. The Insolvency & Bankruptcy Code 2016(IBC) enacted after repealing Act i.e., Sick Industrial Companies Act (SICA) which is a paradigm shift from debtor centric to creditor centric. It is pertinent to discuss that whether the conflict between Insolvency proceedings and Arbitration proceedings runs simultaneously or not? In India, Law is not clear in this regard so it can be resolved by two folded arguments, first, that the moratorium issued under Section 14 of IBC bars the jurisdiction of the Arbitration Tribunal. Secondly, that the law IBC has overriding effect over the law which governs the arbitration proceeding. The law is not clear about the status of both the proceedings run simultaneously. It is a well settled law that as soon as the moratorium order has been passed by the tribunal then all the legal proceeding has been stayed till the disposal of the moratorium order pending against the corporate debtor.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 162, nr 1 (luty 2009): 16–17. http://dx.doi.org/10.1680/cien.2009.162.1.16.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 162, nr 4 (listopad 2009): 156–57. http://dx.doi.org/10.1680/cien.2009.162.4.156.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 163, nr 1 (luty 2010): 14–15. http://dx.doi.org/10.1680/cien.2010.163.1.14.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 163, nr 2 (maj 2010): 60–61. http://dx.doi.org/10.1680/cien.2010.163.2.60.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 163, nr 3 (sierpień 2010): 110–11. http://dx.doi.org/10.1680/cien.2010.163.3.110.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 163, nr 4 (listopad 2010): 156–57. http://dx.doi.org/10.1680/cien.2010.163.4.156.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 164, nr 1 (luty 2011): 16–17. http://dx.doi.org/10.1680/cien.2011.164.1.16.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 164, nr 2 (maj 2011): 62–63. http://dx.doi.org/10.1680/cien.2011.164.2.62.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 164, nr 3 (sierpień 2011): 110–12. http://dx.doi.org/10.1680/cien.2011.164.3.110.
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"Proceedings". Proceedings of the Institution of Civil Engineers - Civil Engineering 164, nr 4 (listopad 2011): 154–55. http://dx.doi.org/10.1680/cien.2011.164.4.154.
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"Proceedings". Japanese Journal of Cardiovascular Surgery 39, nr 6 (2010): 6_i—6_v. http://dx.doi.org/10.4326/jjcvs.39.6_i.
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"Proceedings". Japanese Journal of Cardiovascular Surgery 39, nr 5 (2010): i—xiv. http://dx.doi.org/10.4326/jjcvs.39.i.
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"Proceedings". Japanese Journal of Cardiovascular Surgery 44, nr 3 (2015): 3_i—3_xxiii. http://dx.doi.org/10.4326/jjcvs.44.3_i.
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"Proceedings". Japanese Journal of Cardiovascular Surgery 45, nr 3 (2016): 3_i—3_xxiii. http://dx.doi.org/10.4326/jjcvs.45.3_i.
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"Proceedings". Japanese Journal of Cardiovascular Surgery 46, nr 6 (2017): i—xxv. http://dx.doi.org/10.4326/jjcvs.46.i.
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"Proceedings". Indian Journal of Ecology, nr 49 (5.10.2022). http://dx.doi.org/10.55362//ije/iesic/2022/proc1.
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"Proceedings". Japanese Journal of Gastroenterological Surgery 54, Supplement2 (2021): 1–318. http://dx.doi.org/10.5833/jjgs.54.supplement2.
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"Proceedings". Japanese Journal of Gastroenterological Surgery 54, Supplement1 (2021): 1–1160. http://dx.doi.org/10.5833/jjgs.54.supplement1.
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"Proceedings". Japanese Journal of Gastroenterological Surgery 53, Supplement2 (2020): 1–379. http://dx.doi.org/10.5833/jjgs.53.supplement2.
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