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1
Murodovich, Saydakhmedov Umid. "Judicial And Legal Reforms At A New Stage." American Journal of Political Science Law and Criminology 03, no. 07 (July 14, 2021): 35–45. http://dx.doi.org/10.37547/tajpslc/volume03issue07-06.
Повний текст джерелаАнотація:
This article highlights the reforms carried out in the field of judiciary in Uzbekistan today, its essence, the issues of ensuring reliable protection of the rights and interests of citizens and business entities protected by law through the court are covered. Also, the article analyzes the radical reform of the judicial system in the last 4 years, the establishment of a new judicial system in the country as a result of reforms, in particular, the implementation of major reforms in the system of selection and appointment of judges, openness to the judicial system and the introduction of information and communication systems in this area.
2
L., Makarenko. "The role of legal ideology and legal doctrine in shaping national legal culture." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 57–63. http://dx.doi.org/10.33663/2524-017x-2020-11-10.
Повний текст джерелаАнотація:
The article reveals the role of legal ideology and legal doctrine in shaping national legal culture. Stated about the absence in our society of well-established legal ideology and the necessity of its formation and implementation. Especially important is the latter, given the practice of continuous implementation in Ukraine of the constitutional and other «reforms» that only aggravate the situation of legal culture. It is noted that for the formation of legal culture in Ukraine, it is necessary to develop scientifically sound legal doctrine, which should be carried out appropriate legal policy of the state. However in Ukraine, the state and legal reform are implemented without a clear doctrinal approach, as indicated by a critical assessment of the judicial reform. On this basis we believe that the key to the domestic legal doctrine should be the issues of judicial reform and the development of legal science and education. Quality legal education is impossible without the legal science, which needs to develop scientifically sound theory of legal culture. Keywords: legal culture and national legal culture, legal doctrine, legal ideology, corruption.
3
Gomes, Teresa Maria Resende Cierco. "Promoting the rule of law in Serbia. What is hindering the reforms in the justice sector?" Communist and Post-Communist Studies 50, no. 4 (October 28, 2017): 331–37. http://dx.doi.org/10.1016/j.postcomstud.2017.10.004.
Повний текст джерелаАнотація:
EU rule of law assistance relies on supplying institutional ties as well as economic and technical support to candidate states, complemented by a demand to comply with certain political conditions. But, the establishment of the rule of law is a complex and often long-term process that includes both different facilitating and inhibiting conditions. Since 2006 Serbian government has adopted the National Judicial Reform Strategy aiming to establish a legal system based on legal security and respect for the rule of law. Nevertheless, its judiciary sector still reveals serious difficulties, especially in what concerns the independence and efficiency of judiciary. Looking at Serbian efforts to reform the rule of law and promote an independent judiciary, we analyse how the EU has been influencing these reforms and try to identify the weaknesses and strengths of EU rule of law assistance. Finally, we aim to contribute to know why judicial reforms, introduced by legislation, are not resulting in a truly judicial independence in Serbia, and what are the main obstacles to its effective implementation.
4
Demichev, Aleksey A., Valentina M. Bolshakova, and Vera A. Ilyukhina. "Periodization of History of Judicial Transformations in Russia in the Second Half of the XIX to the XXI Century." History of state and law 5 (May 20, 2021): 34–45. http://dx.doi.org/10.18572/1812-3805-2021-5-34-45.
Повний текст джерелаАнотація:
The article proposes a periodization of judicial reforms in the Russian Empire, the RSFSR and the Russian Federation. The article proposes a distinction between the concepts of «judicial reform» and «judicial reform». There are distinguished and characterized six periods of judicial reforms in relation to the dynamics of the judicial system and legal proceedings in Russia in the second half of the XIX — XXI centuries: the first period (November 20, 1864 — July 1, 1899) — the judicial reform of 1864; the second period (July 1, 1899 — November 22 (December 5), 1917)) — the transformation of the judicial system and judicial proceedings created by the Judicial Statutes of 1864; the third period (November 22 (December 5), 1917 — May 25, 1922) — the judicial transformations of the first years of Soviet power; the fourth period (May 25, 1922 — July 10, 1923) — the judicial reform of 1922; the fifth period (July 10, 1923 — October 24, 1991) — transformation of the judicial system and judicial proceedings in the RSFSR, created during the judicial reform of 1922; the sixth period (October 24, 1991 — July 29, 2018) — judicial reform in the Russian Federation.
5
Yamanome, Akio. "Japanese Judicial Reform and Legal Education." TRENDS IN THE SCIENCES 10, no. 3 (2005): 63–65. http://dx.doi.org/10.5363/tits.10.3_63.
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장용근. "Legal judicial Education system reform Review." Journal of hongik law review 15, no. 4 (December 2014): 215–46. http://dx.doi.org/10.16960/jhlr.15.4.201412.215.
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7
Bolshakova, V. M. "Methodology of Chrono-Discrete Mono-Geography Comparative Law in the Study of Judicial Reforms in the Russian Empire and the Russian Federation." Russian Journal of Legal Studies 5, no. 4 (December 15, 2018): 45–50. http://dx.doi.org/10.17816/rjls18443.
Повний текст джерелаАнотація:
The article proves the expediency of applying the methodology of chrono-discrete mono-geography comparative jurisprudence when studying judicial transformations in the Russian Empire and the Russian Federation. The author proves that the judicial reforms of Emperor Alexander II and the judicial transformations late XX - early XXI century in their totality represent a chrono-discrete phenomenon. Examines the basic principles of the scientific school of chrono-discrete mono-geography comparative jurisprudence as applied to the study of Russian judicial reforms in the Russian Empire and the Russian Federation. In the paper it notes that the judicial transformation as a phenomenon include items such as 1) conceptual framework, ideas of reform; 2) judicial institutions; 3) theoretical and practical problems of implementation; 4) results; compliance, what happened, what was intended by the reformers; 5) attitude of the legal community and the public to reform on the whole and its separate institutions. The essential core of any judicial reform are newly constructed or transformed its institutions. Speaking of chrono-discrete judicial institutions, the author proposes to divide them into classical and non-classical. The first is the Institute of magistrate’s court, the juries and the Institute of bailiffs and institute of appeal. To non-classical chrono-discrete institutions include prosecutors and the legal profession. As the main comparable problems, characteristic for the studied periods, the author sees 1) the reforms “from above”; 2) the issue of financial support for reforms; 3) personnel problems; 4) problem of implementation of judicial reforms in space and time; 5) constant and numerous adjustment of normative legal acts, regulating the structure and activity of the relevant judicial institutions.
8
Otcheskaya, T. I., and 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, no. 7 (August 7, 2020): 121–28. http://dx.doi.org/10.17803/1994-1471.2020.116.7.121-128.
Повний текст джерелаАнотація:
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.
9
Bobek, Michal, and David Kosař. "Global Solutions, Local Damages: A Critical Study in Judicial Councils in Central and Eastern Europe." German Law Journal 15, no. 7 (December 1, 2014): 1257–92. http://dx.doi.org/10.1017/s2071832200019362.
Повний текст джерелаАнотація:
Judicial independence appears on most laundry lists of all bodies or institutions engaged with the rule of law. It is considered an unqualified public good. As a result, all major players engaged in legal reform and building a rule of law have diverted significant resources to this issue. For instance, the United Nations created the office of Special Rapporteur on the Independence of Judges and Lawyers in 1994. The World Bank has been investing heavily in judicial reforms in Latin America and Asia. In Europe, the Council of Europe has been pushing for judicial independence and judicial reform throughout the continent. Additionally, the European Union included judicial independence among its core requirements for the accession countries. Both organizations, the European Union and the Council of Europe, then jointly encouraged legal and judicial reforms in Central and Eastern Europe (CEE). A number of non-governmental organizations have likewise paid considerable attention to this issue.
10
SANTISO, CARLOS. "The elusive quest for the rule of law: promoting judicial reform in Latin America." Brazilian Journal of Political Economy 23, no. 3 (September 2003): 456–80. http://dx.doi.org/10.1590/0101-31572003-0672.
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ABSTRACT While there exists a consensus on the centrality of the rule of law both for economic development and democratic consolidation, the political economy of legal and judicial reform remains largely under-theorized. The review essay underscores the tensions and trade-offs between the different strategies and objectives of judicial reform in Latin America. Contrasting the experiences of Argentina and Brazil, it high- lights the delicate balance between independence and accountability. It also assesses the role of donor institutions, and in particular the multilateral development banks, in promoting judicial reform. It argues for a more realistic approach to judicial governance, focusing on feasible reforms.
11
Chapman, Alison A. "Milton and Legal Reform." Renaissance Quarterly 69, no. 2 (2016): 529–65. http://dx.doi.org/10.1086/687609.
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AbstractThe second half of the seventeenth century was the first great period of legal reform in England’s history. This article situates John Milton in relationship to this contemporary context, arguing that he comments frequently on the need to change England’s laws and displays a finely tuned awareness of some of the major legal debates of his time. This article surveys Milton’s writings about the law and legal education, and it concludes by examining his 1659–60 political pamphlets where he calls for reform of the judicial system and the establishment of local courts.
12
Міронова, І. С. "Zarudny Sergiy Ivanovych (1821-1887) - Ukrainian and Russian lawyer, statesman of the Russian Empire." Problems of Political History of Ukraine, no. 14 (June 12, 2019): 36–49. http://dx.doi.org/10.33287/1194.
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The article is devoted to the way of life of a famous statesman of the Russian Empire, a Ukrainian of descent, a lawyer, one of the main founders of the court reform and a leader of peasant reforms of the second half of the XIX century, an interpreter, secret counselor Serhiy Ivanovych Zarudnyy. His origin, pedigree, civil service in the Ministry of Justice, in the State Chancellery, in the State Council, as a senator was studied. Attention was paid to his work in the commissions for the preparation of judicial reform, the development of the «Basic Provisions for the Transformation of the Judiciary in Russia» and the Judicial Statutes, which were approved in 1864. His role was proved in the creation of the world justice system, in the introduction of jury and the institute of attorneys in the Russian judicial system, in approving the principles of publicity, immediacy, and adversarial proceedings. Considerable attention is focused on the role of the statesman in the development of reform projects on the elimination of serfdom 1861. A special place is dedicated to the scientific work of S. Zarudnyy, in particular to his monographs, articles, a collection of materials on judicial reform entitled «The Case Зарудний of the Transformation of the Judiciary in Russia», organized in 74 volumes. It was noted that for his juridical and scientific work, contemporaries and biographers of S. Zarudnyy called him «the luminary of our judicial world», «leading figure of judicial reform», «father» and «soul» of the case of concluding judicial charters. The article substantiates the conclusion that S. Zarudnyy laid down the democratic principles of the judicial system and legal proceedings in the Russian Empire with his activities.
13
Salybekova, T. "Institute of Criminal Liability of Legal Entities Under the Criminal Legislation of the Kyrgyz Republic." Bulletin of Science and Practice 6, no. 3 (March 15, 2020): 346–50. http://dx.doi.org/10.33619/2414-2948/52/44.
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The article deals with the Institute of criminal liability of legal entities under the criminal legislation of the Kyrgyz Republic. According to the author, the most important indicators of the effectiveness of the ongoing reforms in the Republic should be the completion of the judicial reform, increasing the independence and authority of the judiciary in protecting the rights, freedoms and legitimate interests of individuals and legal entities. The Institute of criminal liability of legal entities will facilitate the adoption by legal entities of additional measures of corporate control over their officials of management bodies, thus solving the problem of crime prevention of legal entities.
14
Malko, A. V., S. F. Afanasiev, and V. A. Terekhin. "Judicial reform as a tool for increase efficiency of legal protection of individuals." Law Enforcement Review 5, no. 2 (July 5, 2021): 16–32. http://dx.doi.org/10.52468/2542-1514.2021.5(2).16-32.
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The subject. The authors analyze the process and results of 30 years of reforming judicial activity in contemporary Russia, formulate and substantiate the conceptual foundations of promising transformations and specific proposals for continuing the reform, increasing the efficiency of the judicial system and protecting human rights, freedoms and legitimate in-terests.The purpose is to confirm or disprove hypothesis that the Russian judicial reform needs to be adjusted in order to remain the most important factor in building the rule of law and civil society.The research methodology includes the methods of analysis and synthesis, historical, com-parative legal and formal legal methods.The main results, scope of application. The court is one of the most democratic and civilized tools for resolving social conflicts and protecting human interests. Judicial reform is a con-ceptually formed, cardinal and progressive transformation carried out in the historical pe-riod in order to organize the optimal model of the judicial system and achieve maximum efficiency of its functioning to protect the rights and freedoms of the individual, the inter-ests of society and the state. The Russian court was transformed, became the real judiciary power and took its place in the state mechanism during the reform period. The judicial sys-tem was built on new principles, procedural legislation was updated, a number of other measures were taken to improve the status of the court and its role in society. It is necessary to generalize the existing practice and regulate all problematic aspects of the formation of the judicial corps at the legislative level. We need to make this process clear and transpar-ent. Justice as a social and legal value and a significant international goal of sustainable development should be implemented in Russian domestic policy and strategic projects. The strategy and tactics of digital transformation of judicial activity, more active introduction of modern tools in it, while ensuring human rights and freedoms in this process, are particu-larly in demand in the context of the coronavirus pandemic,The conclusion is made that judicial reform is the most important factor in building the rule of law and civil society. However, it has not been completed and its potential for social influence has not been exhausted. Therefore, conceptual foundations and specific proposals for further transformations, increasing the efficiency of the judicial system in order to protect human rights, freedoms and legitimate interests have been formulated and substantiated.
15
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, no. 4 (September 16, 2021): 118–25. http://dx.doi.org/10.17803/2587-9723.2021.4.118-125.
Повний текст джерелаАнотація:
. 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.
16
Kiyan, M. S., and T. V. Khutko. "Historical and Legal Research of the Bases of Organization and Functioning of Judicial Authority in Crimea in the Composition of the Russian Empire (late XVIII – Beginning of XX Centuries)." Rossijskoe pravosudie 3 (February 26, 2021): 56–62. http://dx.doi.org/10.37399/issn2072-909x.2021.3.56-62.
Повний текст джерелаАнотація:
In the Russian Federation, one of the priority vectors of the development of the state is to improve the quality of justice, the guarantee of which is the effective judicial system. For the most optimal mode of functioning of the judicial system, an understanding of the main trends in its development is necessary, which requires a high level of generalization and scientific potentiation of the foundations of the organization and functioning of the judiciary, and is possible only if all previous stages of its development are analyzed. The main objective of the study: 1) determine the features of the development of the judicial policy of the Russian Empire in the regions, in particular in the Crimea; 2) to trace the evolution of the judicial system in the Crimea during its stay in the Russian Empire. When writing the work, methods of scientific research were used: dialectical, historical-legal, formal-legal, systemic, comparative-legal, historical periodization, diachronous, institutional-legal. The main results and conclusions of the study can be defined as: 1) judicial reform was a priority in the state legal policy of the Russian Empire at the end of the XVIII – early XX centuries; 2) the author's periodization of the reform of the judicial system in the Crimea. Such a consistent consideration of the organization and functioning of the judiciary allows for its comprehensive study as a historical phenomenon with its own genesis of organization and activity The article is of high scientific value, since it is the first generalizing study in the historical and legal literature devoted to the problems of the formation, development and modernization of the judiciary in Crimea as part of the Russian Empire (1783–1917), in which it was first used that were not previously included in the scientific circulation Sources of the State Archive of the Republic of Crimea of the Russian Federation.
17
Parkhomenko, Nataliia, and Tetiana Podorozhna. "Legal reform as an instrument of constitutionalization of the legal order." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 26–31. http://dx.doi.org/10.36695/2219-5521.2.2020.03.
Повний текст джерелаАнотація:
The article examines the problems of constitutionalization of the legal order in the light of legal reform. It is noted that the currentsituation in the legal sphere (in the state of constitutionalization of law) is characterized by the following negative features: the lack ofrational legal policy and of systematic decisions of public authorities; the lack of optimal economic and political conditions for the developmentof the legal system as a whole and its individual elements; the low level of legal awareness of subjects of law and the high levelof legal nihilism; conservatism and inertness of individual subjects of the legal system. All these circumstances are a serious obstacle tothe legal order. Reforming is closely related to the change of power, political system, state policy, ideology, political course. In such situations,there is a need for systematic improvement of existing legislation. And it is necessary to make amendments not to separate laws,but to the whole legal field which needs systematic updating. It is emphasized that legal reform should be divided into three main areas:constitutional, legislative and judicial. These are, first of all, the reform of public administration, administrative and territorial reform,judicial and legal reform, the reform of criminal justice, and the reform of local self-government in Ukraine. All these areas are interconnected.At the same time, taking into account the fundamental importance of constitutional law (in relation to other branches of law),there is a need to substantiate the possibility of implementing constitutional principles into the fields of current legislation in order to furtherconstitutionalize the legal order. In view of this, an important step for the legal enforcement of reforms is the constitutional reform,the implementation of which is part of the problem of the development of statehood, improving the legal system of Ukraine.It is concluded that in the implementation of legal reform it is important to strictly adhere to the principles of the rule of law, oflegal certainty, and of proportionality, with the latter formed in the legal positions of the European Court of Human Rights. These legalmechanisms will contribute to more effective constitutional development of Ukraine, improvement and harmonization of all spheres ofpublic life, including legal one, renewal, constructive mechanism for protection of human and civil rights and freedoms, which is themain goal of constitutionalization of the legal order.
18
Burgis, Michelle. "Judicial Reform and the Possibility of Democratic Rule in Jordan: A Policy Perspective on Judicial Independence." Arab Law Quarterly 21, no. 2 (2007): 135–69. http://dx.doi.org/10.1163/026805507x214424.
Повний текст джерелаАнотація:
AbstractStudying the independence of Jordan's judiciary provides an opportunity for appreciating current structural impediments to democratic governance and economic reform. In this article, judicial independence is critically explored through an examination of Jordan's legal system, its political culture as well as regional and international policy initiatives. A number of suggestions are advanced in a bid to encourage ongoing dialogue about the central role an independent judiciary must play in advancing the interests of all stakeholders in future reform efforts whether in Jordan or the wider Arab region.
19
Bordun, Olesia. "Security of the judiciary power for sustainable development: a Ukrainian case." Law, Business and Sustainability Herald 1, no. 1 (May 25, 2021): 23–32. http://dx.doi.org/10.46489/lbsh.2021-1-1-3.
Повний текст джерелаАнотація:
In this article, we have explored the constitutional principles of judicial security on the example of Ukraine. We found that researchers have not paid enough attention to the security system of the judiciary in Ukraine in the framework of sustainable development. We used the doctrinal legal research methodology to answer four research questions. First, we explored the content of the security concept in Ukrainian law. Secondly, we have established the extent to which the Constitution of Ukraine covers the security of the judiciary. Third, we described the distinction between internal and external threats to the security of the judiciary. Fourth, we have summarized the specific threats to the security of the judiciary mentioned in the Constitution of Ukraine. For each of the issues, we have provided recommendations to achieve sustainable development of Ukraine in the course of legal reform. As part of the discussion, we voiced recommendations for the participation of judicial self-government and the Higher Council of Justice in ensuring the security of the judiciary. Our results complement the knowledge of the legal nature and constitutional principles of the judiciary. The presented recommendations can be used in formulating proposals for sustainable development strategies and directions of judicial reform
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Derevskova, V. M. "Problems of implementations of the judicial reform of 1864 and issues of the typology of the judicial system of the Russian Empire." Siberian Law Herald 4 (2021): 20–32. http://dx.doi.org/10.26516/2071-8136.2021.4.20.
Повний текст джерелаАнотація:
The article is devoted to the implementation of the judicial reform after the adoption of the Judicial Charters of 1864. Attention is paid to the study of problems in the preparation and implementation of the reform in time and space, which consisted of subjective and objective factors. Subjective factors are determined through a different understanding of the groups participating in these processes, the issues of reforming the judiciary. Objective factors are determined through an analysis of the status of state entities that are part of the Russian Empire. The identified problems in the spread of state and legal institutions led to the fact that the authorities were forced to abandon the policy of unification of the entire judicial system of the Russian state and carry out reforms taking into account the specifics of the regions. The author analyzes the research carried out in the scientific literature in determining both the criteria for the typology of the judicial system of the Russian Empire, and the types of judicial systems identified. Recognizing the value of the research, the author critically comprehends the proposed typologies and proposes his own view of this issue. This applies not only to the allocation of individual territories that differ in the way the reform is implemented, but also to subsequent changes. Since the implementation of the judicial reform in the Russian Empire took place from 1866 to 1899, the author concludes that the judicial system did not remain unchanged and it is necessary to consider it as a dynamic system, to conduct its research in statics and dynamics.
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Краковский, Константин, and Konstantin Krakovskiy. "Judicial Reform of 1864: Significance and Historical Legal Assessments." Journal of Russian Law 2, no. 12 (December 1, 2014): 0. http://dx.doi.org/10.12737/6579.
Повний текст джерелаАнотація:
One century and half disputes in historical and law literature around the phenomena of the Court reform of 1864 have been leading. The subjects of disputes are the content of the reform in general and its new principles and institutions in particular. Sometimes discussions around court reform are under influence of political juncture. The article is devoted to the analyses of some disputing problems of the preparation, realization and content of the Court reform of 1864. One of such question is a problem whether the Court reform of 1864 was timely, and whether Russian people were ready to accept its progressive principles and institutions. Also in the article the problem of two approaches, two ideologies, two schools of development of state and law — “the historical” and “the realistic” was researched. Author comes to the analyses of constitutional potential anticipatory establishment of independent judicial power, promoting the development of the institutions of parliamentarianism and constitutional monarchy. Author sees the main achievement of the Court reform in establishment of independent judicial power, free from administrative influence, defines its connection with supreme power of the Tsar’ and describe the main parameters of the judicial power in XIX сentury. Also author analyzed the problem of overcoming of legal dualism through activity of local courts (justice of the peace and volostnoy court).
22
Mykiievych, Mykhailo, and Iryna Ivanochko. "Judicial and Legal Reform as an Element of Implementation of the EU-Ukraine Association Agreement in the Field of Justice." Teisė 114 (April 5, 2020): 103–12. http://dx.doi.org/10.15388/teise.2020.114.6.
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The article considers distinctive features of the judicial and legal reform in Ukraine in the context of European integration processes, determines the key elements of the institutional mechanism in the implementation of the EU–Ukraine Association Agreement, outlines the main achievements and prospects in the reform of the judiciary in Ukraine.
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Kogut, Natalya. "Perspectives of Further Reform of Judicial System." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 186–91. http://dx.doi.org/10.36695/2219-5521.2.2020.32.
Повний текст джерелаАнотація:
The main directions of appropriate judicial system reform in Ukraine in order to make it effective and equitable are investigatedin the article. The most important direction of judicial system reform is creating an independent judicial system from the other branchesof power. To this end, the other branches of power and President of Ukraine should be entirely excluded from judiciary forming. Theauthor persists that judges should have a disciplinary liability for unjust decisions, which not match or contradict to material norms. Forthis goal, it is worth to create jury trial for judges from the level of appeal. This jury trial should consist of lawyers of the highest ca -tegory and scientists in the sphere of law and be chosen for every case separately by occasional computer programmer in quite signi -ficant amount (for example 12 persons).To the other main directions of judicial system reform, the author relates:1) Creating a reliable mechanism of judges’ prosecution for his unjust decisions and corruption offences;2) Creating a balanced interconnection between judicial and law enforcement branches of power;3) Creating more reliable lever arm for litigators’ rights guarantying;4) Judicial practice unification and creating a steady mechanism of legal gaps and collisions overcoming;5) Improvement of the system of enforcement of judgements;6) Publicity and society access to the legal proceedings.Every direction has it’s peculiarities.Amongst the main reforms in these spheres are the following. Attorney General should be assigned by the Parliament opposition,it will provide court decisions against influence from the side of Parliamentary majority because Attorney General has right to prosecuteagainst judges.It is also important in the criminal proceedings to enact independent investigative authorities from the structure of prosecutionand national police. To provide enforcement of judgements it’s worth to improve financial stimulation of the officers for their positivework and to anticipate ban for criminal outpost in any case of corruption crimes. Also in order to fight against corruption it is worth toallow using any kind of video or audio records including hidden ones when they can be proves in the crimes committed by the publicofficers.
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WANG, Zhiqiong June, and Jianfu CHEN. "Will the Establishment of Circuit Tribunals Break Up the Circular Reforms in the Chinese Judiciary?" Asian Journal of Comparative Law 14, no. 1 (March 13, 2019): 91–112. http://dx.doi.org/10.1017/asjcl.2018.13.
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AbstractThis article examines the objectives for the establishment of circuit tribunals of the Supreme People’s Court of China and the politico-legal functions of such tribunals in the context of judicial reforms that were first launched in 1999. It starts with an analysis of the fundamental problems and difficulties that impeded judicial reforms in the last two decades. It then provides a careful analysis of the establishment of circuit tribunals and examines the political barriers to fundamental reforms towards genuine, though limited, independent adjudication in China. Although we do not believe that the circuit tribunals will be a breakaway force in the Chinese polity, the present reforms do have the potential to break up certain circular reforms and break through some fundamental barriers to deep reform. Further, while judicial independence, in the sense of the judiciary being an independent force in the political and constitutional scheme of checks and balances, is not attainable in the political environment in China today or indeed in the near future, it is hoped that the present reforms might grant the Chinese judiciary some limited, but much needed, autonomy within the Chinese political system.
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Lushnikov, Andrey M. "Jeremy Bentham and Russia: A Historical and Legal Sketch." History of state and law 5 (May 20, 2021): 10–16. http://dx.doi.org/10.18572/1812-3805-2021-5-10-16.
Повний текст джерелаАнотація:
The article provides the author’s analysis of the work of I. Bentham. The influence of his ideas on the implementation of reforms in Russia at the beginning of the 19th century, including the judicial reform of 1864, is shown. It is noted that from the ideological heritage of I. Bentham, such provisions as the independence of the judiciary, the need to codify the main branches of law, the priority of written law and the diminution of the role of legal custom, the equality of all before the law and the court regardless of class, the humanization of legal (primarily criminal) responsibility, the expansion of freedom of entrepreneurial activity in, etc. found a lively response in the Russian political elite and public consciousness.
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Zahler, Reuben. "Liberal Justice: Judicial Reform in Venezuela’s Courts, 1786–1850." Hispanic American Historical Review 90, no. 3 (August 1, 2010): 489–522. http://dx.doi.org/10.1215/00182168-2010-004.
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Abstract This article addresses two questions regarding the court system in Venezuela, 1780s–1840s, placed within the context of legal reforms throughout Latin America. First, how accurate is the assumption in the historiography that the disruptions of the independence war and the establishment of a republican government prompted Venezuelans to lose confidence in the courts and virtually stop using them? The investigation finds that republican Venezuelans used the courts as much as or more than their colonial counterparts; the number of court cases dropped during periods of intense violence but then quickly rebounded. Second, did the post-independence judicial system effectively integrate liberal legislative reforms into courtroom standards and practices? The study shows that, while republican court reform failed in some measures, it also succeeded in the following four areas: The courts changed the standards of evidence so that they gave clear preference to the empirical observations of the litigants and witnesses rather than their personal reputations; they reorganized court jurisdictions into an unambiguous hierarchy; they increased transparency; and they adopted constitutionally defined civil liberties of defendants in a manner that equates with modern “due process.” The article contextualizes these changes within legal reforms throughout the Atlantic world that, beginning in the eighteenth century, sought to increase state centralization through establishing the dominance of state legislation over other norms of justice (religious law, tradition, and custom) and creating clear bureaucratic hierarchies. Venezuela’s republican government pursued goals previously aspired to by the colonial government, but accelerated them as it promoted legal equality and rational empiricism.
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Qi, Ziwei. "The Path to the Rule of Law—An Overall Review of Legal Reform, Crime and the Judicial System During the Transition Era in China." Asian Journal of Legal Education 7, no. 1 (November 15, 2019): 46–56. http://dx.doi.org/10.1177/2322005819881101.
Повний текст джерелаАнотація:
In order to understand crime and the legal system in the People’s Republic of China (P.R.C.), it is necessary to understand the components of a crime and the structure of the judicial system in the P.R.C. By examining the elements of crime from the written criminal code and by analysing the structure of the judicial system, we will find some procedural and substantive challenges to appeal, which might contradict the philosophy of unbiased judicial principles. The article also explores possible social and political forces that might affect the direction of legal reform in China. The author aims to provide the readers with a basic overview of the judicial system in China and the social forces behind the current legal reform towards the rule of law.
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Miller, Steve, and Livingston Armytage. "Legal and judicial reform performance monitoring: the PNG approach." European Journal of Development Research 20, no. 1 (March 2008): 141–57. http://dx.doi.org/10.1080/09578810701853330.
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Al Din Al Hajjaji, Shams. "The Reform of Judicial Appointment Process in the Ordinary Judiciary in Egypt." Middle East Law and Governance 10, no. 1 (March 28, 2018): 1–24. http://dx.doi.org/10.1163/18763375-01001002.
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This article argues for the necessity of the reform of the judicial appointment qualification, and the judicial appointment powers in Egypt. The article presents judicial appointment process and requirement as the main case study. It illustrates the difference between de facto and de jure in the judicial appointment system in Egypt. These differences pave the road to a deeper understanding of legal and political aspects of discrimination against the poor, woman and political opposition within the appointment process. The article discusses the contemporary challenges in judicial appointment. The challenges can be summarized into: gender inequality, elimination of political minorities, and under-privileged citizens. Finally, the article proposes a solution for the problems identified in this article. These solutions are based on reforming the both the judicial appointment qualification, and the judicial appointment powers in Egypt.
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SALENKO, Alexander V. "THE RUSSIAN CONSTITUTIONAL REFORM 2020 AND JUDICIAL POWER: INDEPENDENCE AND AUTONOMY." Tyumen State University Herald. Social, Economic, and Law Research 6, no. 3 (2020): 188–211. http://dx.doi.org/10.21684/2411-7897-2020-6-3-188-211.
Повний текст джерелаАнотація:
This article studies the content and results of the Russian constitutional reform in 2020, initiated by the President of the Russian Federation, which aimed to change the aspects of the public authorities’ functioning. The main goal of this research paper is to analyze the content of the constitutional amendments, which directly affected the Russian Judicial Power. The author systematizes and analyzes the constitutional amendments, which have reformed the Russian system of public power, initially established by the Russian Constitution in 1993. The research focuses on the status and real role of the judiciary in the modern system of separation of powers in Russia. The Russian Constitutional Reform 2020 is studied on the basis of traditional methods of scientific research and by the use of special legal research methods (historical and legal, comparative legal and formal legal analysis). The author concludes that the constitutional amendments of 2020 have actually entailed a real reform of the judiciary. Firstly, there was an unreasonable and unmotivated reduction in the number of judges of the Constitutional Court of Russia (from 19 to 11 people); the author believes that the actual number of judges in the future may drop to 6. Secondly, the competence of the Russian Constitutional Court has significantly changed, which entrusted this constitutional body with quasi-political powers to conduct preliminary abstract normative control of acts that have not entered into legal force, which de-facto draws the Court into the legislative process and negatively affects the possibility to challenge the constitutionality of such normative acts in the future by the submission of constitutional complaint. Thirdly, in the course of the constitutional reform of 2020, the procedure for terminating the powers of judges was revised, and now judges can be removed from their posts on the initiative of the Russian President with the formal support of the Federation Council. The author comes to the general conclusion that the Russian Constitutional Reform 2020 has weakened the judicial power, compared with other branches of power.
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Віговський, С. І. "CURRENT ADMINISTRATIVE AND LEGAL PROBLEMS OF CONTROL OVER THE ACTIVITIES OF LOCAL COURTS IN UKRAINE." Juridical science, no. 1(103) (February 19, 2020): 108–16. http://dx.doi.org/10.32844/2222-5374-2020-103-1.14.
Повний текст джерелаАнотація:
The article focuses on the comprehensive identification, generalization and systematization of the main topical administrative and legal problems of controlling the local courts activities in Ukraine, which require solutions in the process of implementing the judicial and legal reform planned for 2021. The author refers to these main problems as the following ones: imperfection of the current legislation on the judicial system and the status of judges that reduces the legal certainty of the local courts activities; lack of an effective legal regime for monitoring the activities of local courts; inadequate financing by the state of local courts and subjects of control over the courts’ activities; formalism of control over the local courts activities; the high frequency of judicial and legal reforms and their “isolation” from the real needs of optimizing control over the activities of courts in general and local courts in particular. The conclusions to the article emphasize that the effectiveness of the court in Ukraine can be achieved in the case when a mechanism for ensuring the activities of the court (legal, personnel, material, technical, financial support) functions properly in the state, and the activity of the court will be subject to a balanced control and won’t personify an instrument of influence on the justice implementation in the country. In addition, the author proposes in the process of the planned judicial and legal reform in 2021 to solve a significant part of the problems identified in this scientific article by adopting draft laws of Ukraine “On control over the activities of the court” and “On improving the justice system activities”.
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Child, John, and Jonathan Rogers. "Criminal Law Reform Now." Journal of Criminal Law 81, no. 4 (August 2017): 282–91. http://dx.doi.org/10.1177/0022018317705771.
Повний текст джерелаАнотація:
The principal aim of this article is to introduce a new criminal law reform initiative: The Criminal Law Reform Now Network (CLRN Network). The article begins in Part 1 by setting the scene for law reform in this jurisdiction, exposing and discussing four major challenges that await any would-be reformer or network: 1) The Political Red Line, 2) The Political Preference for Simple Headlines, 3) The Political Indifference to Principles of Criminalisation, and 4) The Division Between Academics and Practitioners. From here, in Part 2, we introduce the ambitions and processes envisaged for the new CLRN Network. Launched in 2017, the mission of the CLRN Network is to facilitate collaboration between academics and other legal experts to gather and disseminate comprehensible proposals for criminal law reform to the wider community. The aim is to include members of the public and mainstream media as well as legal professionals, police, policymakers and politicians. Proposals from the CLRN Network might require legislation, but will not be restricted to such projects. Reforms which public bodies such as the Home Office, Police or CPS could bring about by internal policies may be included, as well as reforms which require the support of some of the judiciary, bearing in mind the proper judicial constraints on law making. The CLRN Network will be ready to consult with and make suggestions to anyone who has the power to bring about reform.
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Ольга Павлівна Рудницька. "LEGAL REFORMS IN UKRAINE AND POLAND: COMMON AND DISTINCTIVE FEATURES." Intermarum history policy culture, no. 5 (January 1, 2018): 341–51. http://dx.doi.org/10.35433/history.111825.
Повний текст джерелаАнотація:
The article investigates the processes of carrying out legal reforms in Ukraine and Poland, their comparative analysis is made. The author has studied Poland's experience in implementing legal reforms. It is found out that one of the most important factors influencing positive changes in this country is the separatedness of the Polish power from business. In addition, the fight against corruption has become one of the decisive factors for successful reforms. It is concluded that as a result of long-term reforms, in particular legal, Poland has become one of the most stable economies in Europe.It is determined that the creation of a civil society, the formation of Ukraine as a democratic, socially oriented, rule of law state, is impossible without legal reforms implementation. The author proves that Ukraine has made successful steps to bring up the national legislation closer to the EU legislation. It is stated that European integration for Ukraine is an opportunity to modernize the economy, attract foreign investments, overcome technological backwardness, create new jobs, increase the competitiveness of the domestic commodity producer, enter the world markets.The author has studied that the reform of the prosecutor's office is carried out in Ukraine and Poland at different legislative levels, which is related to a different legal status of these bodies. The reform of the judicial system of Ukraine is analysed, in particular, the transition to the tripartite system of courts, the formation of new higher specialized courts in the system of judicial system: the Supreme Court on Intellectual Property and the Supreme Anticorruption Court. The experience of the territorial communities functioning in Poland and Ukraine is studied, their main general and distinctive features are outlined.It is concluded that the legal reform in Ukraine should be conducted taking into account positive experience of the European Union countries, specifically, one of the closest western neighbors, Republic of Poland.
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Samofalov, L. P., та О. L. Samofalov. "Сoncepts and elements of judicial enforcement". ScientifiScientific Herald of Sivershchyna. Series: Law 2021, № 2 (5 жовтня 2021): 33–45. http://dx.doi.org/10.32755/sjlaw.2021.02.033.
Повний текст джерелаАнотація:
The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.
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Constantino Caycho, Renato Antonio. "The Flag of Imagination: Peru's New Reform on Legal Capacity for Persons with Intellectual and Psychosocial Disabilities and the Need for New Understandings in Private Law." Age of Human Rights Journal, no. 14 (June 15, 2020): 155–80. http://dx.doi.org/10.17561/tahrj.v14.5482.
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This paper analyzes the recent reform regarding the legal capacity of persons with disabilities in Peru. It provides a domestic legal and judicial context in which the reform was adopted. Following this, the paper aims to analyze the reform’s conformity with article 12 of the Convention on the rights of persons with disabilities, noting that the current regulation is only partially CRPD compliant. The current design of judicially designated supporters can be understood as valid under specific interpretations of Article 12, while the design of safeguards does not comply with such standard. The paper addresses the impact of legal capacity reform in traditional private law theory of the juridical act. Currently, the Peruvian system does not provide clear or accurate standards to respond to this problem. The paper shines a light on the need to rethink multiple concepts of private law in order to make legal capacity reform fully operational.
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Ryabinina, Tatyana K. "The Role of the Court in Balancing Private and Public Interests in Criminal Proceedings." Rossijskoe pravosudie, no. 2 (January 20, 2022): 78–88. http://dx.doi.org/10.37399/issn2072-909x.2022.2.78-88.
Повний текст джерелаАнотація:
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.
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Golubovic, Milica. "Judicial Professional Associations: Fostering Judicial Reform Through Civil Society Development." Southeastern Europe 33, no. 1 (2009): 48–62. http://dx.doi.org/10.1163/187633309x421157.
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AbstractThis article documents the history of judicial professional associations (the Judges' Association of Serbia, Prosecutors' Association of Serbia, and Magistrates' Association of Serbia) in Serbia from their early development in the mid-1990s through the present day. With a close focus on the associations' relationship with USAID implementing partner American Bar Association/Central Europe and Eurasian Law Initiative (ABA/CEELI), the article identifies the challenges to establishing sustainable judicial professional associations. These challenges include a lack of secure funding, low organizational and administrative capacity, a high turnover rate of volunteers and employees, reliance on foreign-generated 'copy-and-paste' activities that do not take local needs into account, and uneasy relationships with the local and central governments. Successes of the fledgling judicial professional associations are also noted, including the implementation of continuing legal education (CLE) seminars.
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Журавель, В. О. "SYSTEM OF PRINCIPLES OF LEGAL REGULATION." Juridical science 2, no. 4(106) (April 3, 2020): 89–97. http://dx.doi.org/10.32844/2222-5374-2020-106-4-2.11.
Повний текст джерелаАнотація:
The relevance of the article is that the principles of legal regulation of social protection of employees of the judiciary will indicate the basic values that should unite the rules of law in this area. Establishing a system of principles will improve their interpretation and subsequent implementation, both by the judiciary itself and by officials of authorized public authorities. In addition, the disclosure of the content of the principles of legal regulation of social protection of employees of the judiciary will address a number of gaps in the legislation caused by inaccurate wording or lack of coordination between the rules of law of various legislative acts. It is emphasized that the principle of publicity and control of the legal regulation of social protection of employees of the judicial system is to ensure the legitimacy of receiving social protection and verification of the grounds for its receipt by employees of the judicial system. This principle guarantees the effectiveness and correctness of the application of all the above principles, as it prevents discrimination and abuse of rights, misuse of budget funds. It was found that the essence of the principle of differentiation for the legal regulation of social protection of judicial staff is the adaptation of law to the specifics of a particular position to ensure coverage of the maximum range of social risks and the establishment of appropriate social protection measures. The principle of differentiation should not create social inequality or artificial value for individual members of the judiciary. Thus, based on the study, it is possible to conclude that the principles of legal regulation of social protection of judicial staff are a single system that indicates the correct interpretation and application of law, as well as determines what legal ideas and values should be maintained or improved under time to reform the legislation. It is important that the principles of legal regulation of social protection of employees of the judiciary are enshrined not only within one article of the law, but are reproduced in every rule of law.
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Junaibi, Rashid H. S. Al. "Comparative Study Between the Omani and the British Legal Systems in Terms of Judicial Independence and Separation of Powers." European Journal of Interdisciplinary Studies 6, no. 1 (February 10, 2020): 51. http://dx.doi.org/10.26417/ejis.v6i1.p51-66.
Повний текст джерелаАнотація:
The legal system of Oman is a junction of the locally inherent religious legal norms and foreign influence of the French and British legal systems. The legal documents of the country, such as Constitution Articles 60 and 61, may claim the judiciary to be independent, yet the status of Sultan Qaboos as the leader of the executive branch, his role in legislation, and his life demonstrate that the Middle-Eastern state stands in sharp contrast to the UK, where the SOP has been in effect since at least 1701. Considering the cross-branch intervention of the sultan and the resultant cases of rights breaches, Oman may be said to be in urgent need of domestic reforms, including power reform, the creation of a regional prosecutorial body, and the enforcement of international judicial independence and conduct resolutions. Still, as the willingness of the sultan may stand in the way of reforms oriented towards SOP implementation, Oman may require the involvement of foreign institutions.
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Junaibi, Rashid H. S. Al. "Comparative Study Between the Omani and the British Legal Systems in Terms of Judicial Independence and Separation of Powers." European Journal of Interdisciplinary Studies 6, no. 1 (February 10, 2020): 69. http://dx.doi.org/10.26417/ejis.v6i1.p69-73.
Повний текст джерелаАнотація:
The legal system of Oman is a junction of the locally inherent religious legal norms and foreign influence of the French and British legal systems. The legal documents of the country, such as Constitution Articles 60 and 61, may claim the judiciary to be independent, yet the status of Sultan Qaboos as the leader of the executive branch, his role in legislation, and his life demonstrate that the Middle-Eastern state stands in sharp contrast to the UK, where the SOP has been in effect since at least 1701. Considering the cross-branch intervention of the sultan and the resultant cases of rights breaches, Oman may be said to be in urgent need of domestic reforms, including power reform, the creation of a regional prosecutorial body, and the enforcement of international judicial independence and conduct resolutions. Still, as the willingness of the sultan may stand in the way of reforms oriented towards SOP implementation, Oman may require the involvement of foreign institutions.
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Kmezic, Marko. "The Judicial Academy as conditio sine qua non for the Effectiveness and Efficiency of the Serbian Judiciary." European Public Law 21, Issue 3 (August 1, 2015): 509–25. http://dx.doi.org/10.54648/euro2015028.
Повний текст джерелаАнотація:
The Serbian judiciary is inefficient, politically dependent, expensive, and placed in a perpetual reform cycle. This is why the reform of the Serbian judicial apparatus is set high on the European Accession negotiations agenda. Reasons for the underperformance of the judiciary are manifold, and, for the need of this study, I will try to associate them with two independent variables. The primary source of the crisis of the judiciary is reflected in the deficiencies of general legal education and expert training, as well as the outdated system of evaluation for prudence and skills of the holders of judicial functions. Secondary sources are derived from permanent endeavours of the executive powers, and other, more informal, sources of power that place the judiciary under their patronage. Precisely along these lines, are the European Commission’s demands that Serbia should establish a transparent and open method of entering into the judiciary through the process of selecting successful candidates. With this study, it is my goal to analyse the extent to which the newly established Serbian Judicial Academy is capable of remedying observable problems, and contributing to the establishment of a competent and efficient judicial apparatus. Normative and empirical scrutiny of the Judicial Academy is coupled by a set of practical recommendations aiming to further strengthen the position of this young institution, within the Serbian judicial system.
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Shanahan, Colleen F., and Anna E. Carpenter. "Simplified Courts Can't Solve Inequality." Daedalus 148, no. 1 (January 2019): 128–35. http://dx.doi.org/10.1162/daed_a_00545.
Повний текст джерелаАнотація:
State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the legislative and executive branches' failure to provide a social safety net in the face of rising inequality. The legal profession and judiciary must step back to question whether the courts should be the branch of government responsible for addressing socioeconomic needs on a case-by-case basis.
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Горшкова, Ксения, Ksenia Gorshkova, Сергей Желонкин, and Sergey Zhelonkin. "Conciliation procedures in Russia: novelties of procedural reform." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 3 (October 15, 2019): 10–19. http://dx.doi.org/10.35750/2071-8284-2019-3-10-19.
Повний текст джерелаАнотація:
Introduction. In the present work, the authors investigated the main aspects of the reform of procedural legislation initiated by the Supreme Court of the Russian Federation concerning changes in the legal regulation of the use of conciliation procedures in resolving legal conflicts. Until recently, Russian legislation did not have a regulated list of conciliation procedures. Purpose. The aim of the work is to identify the features and place of conciliation procedures in the institute of alternative ways to resolve legal conflict. Methodology. The work was performed on the basis of special methods of knowledge, including historical, legal, logical, and formally legal. Results. The paper analyzes the results of consideration of the draft Federal Law No. 421600-7 “On Amendments to Certain Legislative Acts of the Russian Federation Due to Improving Conciliation Procedures” in the first reading by the State Duma of the Russian Federation, taking into account the opinion of the relevant committee of the State Duma of the Russian Federation on state construction and legislation which caused a wide resonance in the Russian legal community. It is concluded that the world experience in applying reconciliation procedures, indicating a positive dynamic in the peaceful resolution of legal disputes, is also spreading within the framework of the Russian legal system. In the framework of the Russian judicial procedure, two fundamental conciliation procedures were consolidated – the mediation procedure and the judicial conciliation procedure. The introduction of special subjects (intermediaries) as judicial conciliators for the settlement of disputes in court is aimed at reducing the workload of judges, its concise and effective distribution. Conclusion. The material contained in the work is of interest for further research on the problems of alternative ways of resolving a legal conflict, can be used when giving lectures and conducting practical training in the course of the civil process
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Hsu, Ching‐fang. "The legal complex fractured: Legal professional coalition and collision in Taiwan's judicial reform." Law & Policy 43, no. 3 (July 2021): 262–84. http://dx.doi.org/10.1111/lapo.12171.
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Egamberdiev, Azamat. "PROBLEMS RELATED TO THE DEVELOPMENT OF ADMINISTRATIVE JURISDICTION IN UZBEKISTAN." Administrative law and process, no. 2 (29) (2020): 58–77. http://dx.doi.org/10.17721/2227-796x.2020.2.05.
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The article deals with the development of the system of judicial administrative control in the Republic of Uzbekistan in the context of the modernization of the post-Soviet Central Asian country under the rule of law. The author discusses the legal foundations of the Uzbek administrative judiciary and deals with the problems of developing basic legal terms as well as the fundamental principles of an administrative judicial process that meets the requirements of the rule of law. In addition, the author comments on the legal policy requirements for successful administrative reform in Uzbekistan. He points out the need to change the general legal awareness in his country and considers the current Uzbek legal protection system in need of improvement. In the author’s opinion, German experience in the field of legal protection should be taken into account when transforming Uzbekistan into a democratic constitutional state. In this context, he recommends close cooperation between Uzbek and German legal scholars and legal practitioners.
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Kinkel, Jonathan J. "High‐End Demand: The Legal Profession as a Source of Judicial Selection Reform in Urban China." Law & Social Inquiry 40, no. 04 (2015): 969–1000. http://dx.doi.org/10.1111/lsi.12170.
Повний текст джерелаАнотація:
Most studies of comparative judicial politics suggest that judicial autonomy emerges from democratic competition, but despite its authoritarian political system, China has introduced reforms that increase merit‐based competition, transparency, and modest professional autonomy in local courts. Variations in judicial selection procedures across urban China reflect differences in local markets for professional legal services: when mid‐ranking judges can easily find lucrative local employment as lawyers, court leaders strategically reform appointment and promotion mechanisms to retain these young, but experienced, judges. These findings are based on nearly fifteen months of in‐country fieldwork, conducted between 2012 and 2014, including forty‐nine interviews with judges across three different cities: Shanghai, Shenzhen, and Chengdu. Employing the subnational comparative method, this article not only builds theory regarding the legal profession's role in authoritarian states, but also offers new empirical detail regarding the selection, performance evaluation, and behavior of judges in urban China.
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Капустин, А. Б. "JUDICIAL REFORM IN UKRAINE 2018: LEGAL COLLAPSE AND ITS CAUSES." Constitutional State, no. 29 (March 16, 2018): 12–18. http://dx.doi.org/10.18524/2411-2054.2018.29.140708.
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Sawyer, Jeffrey K. "Judicial Corruption and Legal Reform in Early Seventeenth-Century France." Law and History Review 6, no. 1 (1988): 95–117. http://dx.doi.org/10.2307/743922.
Повний текст джерелаАнотація:
In 1614, an angry pamphleteer writing in the name of six peasants described for his French readers how the country was being taken over by lawyers. Legal officials had swelled their purses, bellies, and heads by gobbling up the rest of France; they were like a growing infestation of “leeches,” he exclaimed passionately, “that suck our blood right to the bone.” These judicial parasites were so disgusting that one should not even consider them a part of society; they were a foreign substance “born of putrefaction and living off putrescence.”
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Ciurlizza, Javier. "Judicial reform and international legal technical assistance in Latin America." Democratization 7, no. 2 (June 2000): 211–30. http://dx.doi.org/10.1080/13510340008403666.
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MOVCHAN, V. V. "THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS." Herald of Civil Procedure 11, no. 2 (June 30, 2021): 205–25. http://dx.doi.org/10.24031/2226-0781-2021-11-2-205-225.
Повний текст джерелаАнотація:
The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.