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1
Fomina, L. Yu. "Protection of the Right to Respect for Private Life of Judges: Positions of the European Court of Human Rights." Pravosudie / Justice 2, no. 3 (September 22, 2020): 146–64. http://dx.doi.org/10.37399/2686-9241.2020.3.146-164.
Повний текст джерелаАнотація:
Introduction. Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge’s private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research. Theoretical Basis. Methods. When writing the article, the authors studied scientific works on the problems of judicial ethics, standards of behavior of public servants, protection of the right to respect for private and family life, and the relationship between private life and public service. The main attention is paid to the practice of the European Court of Human Rights in the context of protecting the private life of judges. Results. The understanding of the private life of a judge based on the practice of the European Court of Human Rights is studied. The approaches applied to the assessment of such violations are considered. The criteria for the permissibility of state interference in the right to respect the private life of a judge are studied. Discussion and Conclusion. In accordance with the practice of the European Court of Human Rights, the sphere of a judge’s private life is interpreted broadly, including professional activities. To identify interference in the private life of a judge, it is important to analyze his behavior in terms of the requirements imposed on him, the consequences of interference for himself or his close circle. A key role in assessing the permissibility of interference, taking into account the criteria of legality, legitimate purpose, and necessity in a democratic society, should be assigned to establishing a fair balance of public and private interests.
2
Fomina, L. Yu. "Protection of the Right to Respect for Private Life of Judges: Positions of the European Court of Human Rights." Pravosudie / Justice 2, no. 3 (September 22, 2020): 146–64. http://dx.doi.org/10.37399/2686-9241.2020.3.146-164.
Повний текст джерелаАнотація:
Introduction. Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge’s private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research. Theoretical Basis. Methods. When writing the article, the authors studied scientific works on the problems of judicial ethics, standards of behavior of public servants, protection of the right to respect for private and family life, and the relationship between private life and public service. The main attention is paid to the practice of the European Court of Human Rights in the context of protecting the private life of judges. Results. The understanding of the private life of a judge based on the practice of the European Court of Human Rights is studied. The approaches applied to the assessment of such violations are considered. The criteria for the permissibility of state interference in the right to respect the private life of a judge are studied. Discussion and Conclusion. In accordance with the practice of the European Court of Human Rights, the sphere of a judge’s private life is interpreted broadly, including professional activities. To identify interference in the private life of a judge, it is important to analyze his behavior in terms of the requirements imposed on him, the consequences of interference for himself or his close circle. A key role in assessing the permissibility of interference, taking into account the criteria of legality, legitimate purpose, and necessity in a democratic society, should be assigned to establishing a fair balance of public and private interests.
3
., Akmal, and Aldri Frinaldi. "Analisis Dimensi Hak Asasi Manusia Terhadap Putusan Hakim dalam Perkara Pencabulan Anak di Bawah Umur (Analisis Konten: Perkara No. 166/PID.B/2006/PN PDG)." Humanus 10, no. 1 (July 30, 2012): 36. http://dx.doi.org/10.24036/jh.v10i1.484.
Повний текст джерелаАнотація:
The purpose of this study was to review the judge’s verdict on case No. 166/PID.B/2006/PN PDG in terms of: (1) whether the judge’s verdict fulfills the elements of legal certainty, fairness, and benefit, (2) whether the judge’s verdict relies on the national and international human rights instruments as well as reviewing the aspects of violations of human rights particularly in cases of child abuse. The type of the human rights cases is domestic abuse of under-aged girls. This research used qualitative method with normative judicial approach. Data processing is done using content analysis. The conclusion of the research; (1) Council of Judges needs to understand the ratification of the Child Protection Law and Law on the Elimination of Domestic Violence as well as the International Human Rights Instruments by the Government of the Republic of Indonesia relating to the Convention on Children’s Rights, in order to stress the domestic child abuse as a form of violation against human rights and as a crime against humanity, (2) in order to protect the victims of domestic violence, particularly women and girls, judges should implement the Child Protection Law and Law on the Elimination of Domestic Violence in their verdicts and the Convention of Children’s Right, because the Penal Code KUHP has not guaranteed fully the protection of children and women as primary victims of domestic violence. Key words: human rights, council of judges.
4
Abi-Mershed, Elizabeth. "THE INTER-AMERICAN HUMAN RIGHTS SYSTEM AND THE ROLE AND RIGHTS OF JUDGES." REVISTA ESMAT 12, no. 20 (April 1, 2021): 220–50. http://dx.doi.org/10.34060/reesmat.v12i20.396.
Повний текст джерелаАнотація:
Access to justice at the domestic level is a core component of human rights protection, with judges playing a key role in that process. Judges may require particular protection when subject to violations of their own rights in connection with their judicial mandate. This article first provides a basic overview of the Inter-American Commission’s and Court’s respective mandates. There are some brief references to examples from Brazil, as well as some concerning judicial independence and the protection of judges. The article then reviews a series of individual cases in which the Commission and Court have set standards on the obligation of states to respect the role and independence of judges. The focus is on independence, through respect for their security of tenure against improper interference, as well as effective protection when judges are subjected to threats or violence due to their work. In relation to judicial protection and guarantees, the article also looks briefly at the system’s clear position against the use of military jurisdiction to investigate, prosecute and punish serious human rights violations. The article closes with a brief reflection on the system and the commonalities and distinctions within which it necessarily works.
5
Іншин, М. І. "ENSURING THE EMPLOYMENT RIGHTS OF JUDGES AS A PREREQUISITE FOR THEIR SOCIAL SECURITY." Juridical science, no. 1(103) (February 19, 2020): 422–29. http://dx.doi.org/10.32844/2222-5374-2020-103-1.51.
Повний текст джерелаАнотація:
The article forms an actual scientific idea about the impact of ensuring the labor rights of judges in Ukraine on the level of their social security. It is determined that the level of social security of judges depends on the quality of ensuring their labor rights, because such rights exist for sustainable human development, that is, there is a satisfaction of the needs for social benefits that are produced in the field of labor. Rights exist to prevent the occurrence of situations in which an employee experiences humiliation of his human dignity, restriction of his freedom, as well as other human rights. The rights are regulated by general and special rules, considering the social risks common to all employees and special for judges. Such regulation is carried out to reduce the negative impact on judges. This regulation is subject to the principle of legality. Labor rights are ensured and protected at the expense of the State Budget of Ukraine. They are guaranteed by the State at the national level and by international governmental organizations at the international level. The labor rights of judges can be protected both in the general order, considering certain exceptions, and with the help of special forms of protection that are provided only for judges. The level of implementation and protection of the labor rights of judges determines the level of civilization of society. It is proved that the peculiarities of the labor rights of judges and their impact on the social security of judges require the state to create favorable conditions for their provision. In cases where the State ignores such a duty and the employment rights of a judge are not sufficiently ensured, the State concerned cannot be considered social, legal, and democratic. The lack of guarantees for the implementation of the labor rights of judges, which is currently happening in Ukraine, negatively affects the independence of the courts and the proper administration of justice in the country.
6
Shuklina, Nataliia. "Practical judicialtraining: contribution of the National School of Judges of Ukraine to strengthening corruption prevention mechanisms." Slovo of the National School of Judges of Ukraine, no. 3(28) (February 19, 2020): 19–29. http://dx.doi.org/10.37566/2707-6849-2019-3(28)-2.
Повний текст джерелаАнотація:
The article examines the role of the National School of Judges of Ukraine in strengthening the mechanisms preventing corruption through the professional training of the judiciary. In particular, relevant training activities for candidates for the judge's post, effective judges of all jurisdictions and judges of the High Anti - Corruption Court are reviewed in the article. The program of special training of candidates for the post of judge (to fill vacant posts of judges in the courts of first instance) in 2018-2019 comprised trainings on anti-corruption legislation, including European standards and national legislation; corruption related criminal offences and criminal offenses in the field of in-service and professional activity tied to the provision of public services; administrative offenses related to corruption. Trainings on anti-corruption legislation and practice of its application are a part of the periodic training programs of effective judges of local general, commercial and administrative courts, as well as courts of appeal. Anti - corruption issues were one of the key topics in the training of newly appointed Supreme Court judges. It is stated that National School of Judges of Ukraine also made a contribution into the process of selection of judges of the High Anti - Corruption Court by developing of test questions and practical tasks (model court cases). The School, with the support of its international partners, conducted an Orientation Course for judges of the High Anti - Corruption Court, which included trainings on the rule of law, standards of human rights protection in accordance with the practice of the European Court of Human Rights, return of assets and instruments of cooperation with international organizations, international anti-corruption standards, practical aspects of dealing with corruption cases (witness and victim protection, money laundering, asset seizure, special confiscation). The next scheduled training of judges of the High Anti - Corruption Court was related to adjudication of corruptionists and confiscation of their property in Ukraine. The main training topics for the court staff are the application of anti-corruption legislation concerning civil servants, main issues of financial control, features of the electronic declaration system, settlement of conflicts of interest, responsibility for violation of anti-corruption legislation. The conclusion is made that all these activities influence the change of the professional consciousness of judges, the affirmation of the values of the rule of law and fair trial. Keywords: corruption prevention, confiscation of assets, special training of candidates for the post of judge, periodic training of judges.
7
Pohorielova, O. "THE PROTECTION OF OWNERS' CORPORATE RIGHTS AND EMPLOYEES' LABOUR RIGHTS: JUDICIAL PRACTICE ANALYSIS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 49–55. http://dx.doi.org/10.17721/1728-2195/2019/4.111-10.
Повний текст джерелаАнотація:
The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.
8
Kochkova, Anna, and Maryna Dei. "Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 352–56. http://dx.doi.org/10.36695/2219-5521.1.2020.70.
Повний текст джерелаАнотація:
The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU.
The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge.
The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine.
Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.
9
Borisova, L. V. "E-Justice as a Form of Judicial Protection in Russia." Actual Problems of Russian Law 15, no. 6 (July 11, 2020): 105–11. http://dx.doi.org/10.17803/1994-1471.2020.115.6.105-111.
Повний текст джерелаАнотація:
The paper draws attention to the priority of the judicial form of protection of rights and interests of physical and legal entities, state and public interests, as well as gradual pervasion of the justice system with IT-technologies that ensure openness of the proceedings, save time and money of the participants, reduce time needed to file and process pleadings, etc. On the basis of the analysis of the proposed doctrinal approaches and legislative acts to the definition of the meaning of e-justice, the author presents her understanding of e-justice that covers three aspects. Such an approach may be of practical importance depending on how well e-justice has been developed in Russia. Particular attention is paid to the analysis of the extended approach to the definition of e-justice, including the use of AI systems. The paper investigates advantages and possible risks associated with the introduction of the systems applied to assist a judge in making final court decisions (“companion judge”) and systems that replace a judge in making the final court decisions (“digital judge”). As a result, it is concluded that the most acceptable system for the Russian system of justice is the “Companion Judge” AI system. In the author’s opinion, complete replacement of judges by “digital judges” is ethically and legally ambiguous, poses many risks and will not provide effective protection for the violated or contested rights, freedoms and interests of citizens, organizations, State and public interests.
10
Rohmawati, Rohmawati, and Ahmad Rofiq. "Legal reasonings of religious court judges in deciding the origin of children: a study on the protection of biological children’s civil rights." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 21, no. 1 (June 30, 2021): 1–20. http://dx.doi.org/10.18326/ijtihad.v21i1.1-20.
Повний текст джерелаАнотація:
This study explores the extent to which religious court judges decided the origin of biological children following the implementation of the Indonesian Constitutional Court Decree number 46/PUU-VIII/2010. A substantial ambiguity was apparent in the Indonesian family law concerning civil relationships between children born out of wedlock and their biological fathers. Consequently, judges had different legal interpretations over status of children, which created disparities of the children’s civil right protection. This study focuses on investigating the judges’ legal reasonings when deciding origin of biological children born out of wedlock. This is a case study with a legal philosophical approach. Data collection includes document collection, whereas data analysis involves deductive and inductive approaches. This study found three typologies of judges’ legal reasonings in relation to how they decided the origin of the biological children. Pragmatic judges would not provide legal protection to the biological children as they failed to accept lineage of these children towards their parents, creating uncertainty over the children’s legal status. Conservative judges with a positivistic mindset would acknowledge legal relationship between the biological children and their mothers, generating the children’s civil rights in relation to their mothers. Progressive judges would provide legal protection to the biological children. Progressive judges accepted the lineage of these children towards their parents but acknowledged their civil rights in relation to their fathers in limited ways such as living allowance and testament. Disparities of judges’ decisions regarding the origin of the biological children substantially created a legal uncertainty to these children.
11
Dei, M., and A. Kochkova. "Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (September 1, 2018): 16–22. http://dx.doi.org/10.33531/farplss.2018.4.03.
Повний текст джерелаАнотація:
The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.
12
Trofimova, Larysa. "Problematic points of the quality of qualification assessment of judges." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 198–207. http://dx.doi.org/10.36695/2219-5521.2.2020.35.
Повний текст джерелаАнотація:
In the article the author proposes problem solving ways of qualification assessment of judges based on the results of her own theoreticalresearch, discloses separate issues of quality of qualification assessment during the confirmation of judge’s compliance withthe position (applicant for the position) from case file research and conducting interviews by members of the High qualification commissionof judges of Ukraine based on provisions of the current legislation of Ukraine and law enforcement.Statistical observations, scientific research and expert studies, case law reveal not only the need to update the judiciary, but alsoto eliminate excessive and unjustified formalism, subjectivity in the exercise of authority to provide quality services, administrative proceduresto ensure the true quality of qualification assessment, compliance / non-compliance of a judge (applicant for the position) withthe criteria of professional competence, ethics and integrity.Legal policy, value system, tendency towards law and order, the human dignity, the protection of individual rights should be abenchmark in uniting the efforts of all members of society to establish the rule of law, ensure the functioning of an independent judiciaryand good governance, build an independent judiciary, the realization of equal opportunities for personal development, as well as theoptimal use of public resources in line with the goal of public policy – the establishment of the rule of law in Ukraine, the purpose ofthe budget program – ensuring the rule of law and protection of human rights and freedoms through the formation of a virtuous, highlyprofessional and independent judiciary.An important component of ensuring the quality of justice is timely and objective assessment of a judge’s competence, the effectivenessof training / maintenance of skills and the definition of professional skills, in particular on the basis of thorough analysis ofrevoked decisions and consideration of complaints, corrected mistakes, “template proceedings”, reasons for the formation of individualopinions in resolving disputes, taking into account the circumstances in connection with the departure from the preliminary conclusionsof the courts of cassation and compliance with procedural deadlines. Problems of subjective, selective approach, which are manifestedin different attitudes towards the participants of the qualification assessment, in order to confirm / not confirm the judge’s suitabilityfor the position and / or conduct competitions during the examination case files and conducting interviews by members of the Highqualification commission of judges of Ukraine, including on the different approach in responding to the conclusions and informationof the GRD with consideration in plenary (without plenary consideration), require further scientific analysis and improvement of legalregulation to prevent abuse of the right to equal opportunities, the right to be heard, the right to a fair trial, the right to quality judicialservices and administrative procedures with the implementation of the principles of good governance.
13
Rasyidin, Rasyidin, Dian Eriani, and Ade Soraya. "THE ROLE OF RELIGIOUS COURTS IN PROTECTING WOMEN'S RIGHTS IN DISTRIBUTION OF JOINT PROPERTY." International Journal of Educational Review, Law And Social Sciences (IJERLAS) 1, no. 2 (December 28, 2021): 245–54. http://dx.doi.org/10.54443/ijerlas.v1i2.115.
Повний текст джерелаАнотація:
This study aims to review the discussion on how the role of the Religious Courts towards the protection of women's rights in the distribution of joint assets in the decision Number 4698/Pdt.G/2019/PA.Tgrs and also how the considerations of the Religious Court Judges based on the Decision Number 4698/Pdt.G/2019 /PA.Tgrs. The research method used is normative juridical with a conceptual approach and a statutory approach. Data analysis uses a qualitative approach. The Religious Courts in protecting women's rights in cases of the distribution of joint property have a role and function to examine, adjudicate and decide on a case applying human rights values with respect for human dignity, non-discrimination, equality before the law, justice, benefit, legal certainty, and ex officio judges provide protection for women, by giving 70% of joint property to women and 30% to men by ignoring the Marriage Law and the Compilation of Islamic Law. Consideration of judges who ignore women's rights and have a patriarchal mindset towards child support. It is the duty of a man to provide for his children, an obligation that is neglected causes a man to be able to collect wealth while a woman to provide a living for children is the cause of not being able to collect wealth. Judges should consider this to create legal justice.
14
Buchkivska, V. L. "Provision of Immediate Conduction of a Medical Examination of a Person as a General Duty of a Judge for the Protection of Human Rights in Aspect of Article 206 of the Criminal Procedural Code of Ukraine." Medicne pravo, no. 1(25) (February 25, 2020): 29–37. http://dx.doi.org/10.25040/medicallaw2020.01.029.
Повний текст джерелаАнотація:
The Bangalore Principles for the Conduct of Judges of 19 May 2006, adopted by UN Economic and Social Council Resolution 27 July 2006 № 2006/23 [1], stipulate that a judge must exercise his or her judicial function independently, based solely on a factual assessment, in accordance with a conscious understanding of the law. , regardless of outside influence, motivation, pressure, threats or interference, direct or indirect, carried out by any party and for any purpose. It is also stated that the objectivity of a judge is a necessary condition for the proper performance of his duties. It is manifested not only in the content of the decision, but also in all the procedural actions that accompany its adoption.
In accordance with Principle V set out in Recommendation 94 (94) 12 “Independence, effectiveness and role of judges”, adopted by the Committee of Ministers of the Council of Europe at its 518th meeting of the Ministers' Deputies on 13 October 1994 [2], judges are required to the case is impartial, based on its own assessment of the facts and its own interpretation of the law; to ensure that each party has an equal opportunity to be heard and that the procedural rights of each party are respected in accordance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Analysis of recent research and publications. Problems of judicial control and application of Article 206 of the CPC of Ukraine were studied by such scientists as VF Boyko, VS Zelenetsky, VT Malyarenko, OR Mykhaylenko. Some issues of the powers of the investigating judge were considered by VD Bryntsev, YM Groshevy, VI Shyshkiv, ME Shumylo, Glovyuk IV [3].
According to paragraph 18 part 1 of Article 3 of the CPC of Ukraine, the investigating judge is a judge of the court of first instance, whose powers include the exercise in the manner prescribed by this Code, judicial control over the rights, freedoms and interests of persons in criminal proceedings. , provided for in Article 247 of this Code, - the chairman or another judge of the relevant appellate court. The investigating judge (investigating judges) in the court of first instance is elected by the assembly of judges from among the judges of this court.
The main purpose of the investigating judge is to provide judicial protection of the rights and legitimate interests of persons involved in criminal proceedings, and to ensure the legality of the proceedings in the pre-trial stages. This determines the specific nature of his criminal function, which is to ensure the legality and validity of the restriction of constitutional human rights and freedoms in pre-trial proceedings [4].
Article 206 of the CPC of Ukraine defines the general responsibilities of a judge for the protection of human rights.
Thus, in particular, Part 6 of this article provides that if during any court hearing a person alleges the use of violence against him during detention or detention in an authorized public authority, public institution (public authority, public institution, which the law provides the right to detain persons), the investigating judge is obliged to record such a statement or to accept a written statement from the person and: 1) to ensure the immediate conduct of a forensic examination of the person; 2) instruct the relevant body of pre-trial investigation to conduct an investigation of the facts set forth in the person's application; 3) take the necessary measures to ensure the safety of the person in accordance with the law.
First of all, it should be noted that despite the title of the article "General responsibilities of a judge for the protection of human rights", in the article the legislator gives the duty to protect the human rights of the investigating judge and indicates the mandatory procedural steps to be taken. judicial protection of the rights and legitimate interests of persons involved in criminal proceedings. Such a procedural defect leads to different interpretations of this article and, as a consequence, different application in judicial practice. Correctly indicates AP Bushchenko that the "court hearing" in the context of this article is used in the broadest sense, so this duty of a judge exists during any court hearing [5].
It should be noted that on October 17, 2019, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine to Improve Certain Provisions of Criminal Procedure Legislation" entered into force, according to which the parties to criminal proceedings received the right to independently involve an expert to conduct an examination.
For the unity of judicial practice, it is necessary to amend and detail the subjects who should be entrusted with the actions provided for in Part 6 of Article 206 of the CPC of Ukraine and specify in which cases the legal provisions of paragraph 1 of Part 6 of this Article apply. if during any court hearing a person alleges violence during detention or detention in an authorized public authority, state institution (public authority, state institution, which by law has the right to detain persons), the investigating judge is obliged to record such a statement or to accept a written statement from a person and to ensure an immediate forensic examination of the person. In addition, if we are talking about a forensic examination, then in this case should be considered that on the basis of this court decision should be conducted examination, because according to the legal requirements of Part 2 of Article 84 of the CPC of Ukraine is the expert's opinion.
Summarizing the above, it should be noted that Article 206 of the CPC of Ukraine, which defines the general duties of a judge to protect human rights, requires changes and details of certain provisions, in particular in determining the composition of the court, which has the right to judicial protection of rights and legitimate interests. involved in criminal proceedings; detailing the subjects who should be instructed to perform the actions provided for in Part 6 of Article 206 of the CPC of Ukraine and specifying the cases in which the legal provisions of paragraph 1 of Part 6 of this Article are subject to application; and an indication in the law as to whether court decisions adopted pursuant to Article 206 of the CPC of Ukraine are subject to appeal.
15
Ріхтер, В. В. "PUBLIC ADMINISTRATION INDEPENDENCE OF JUDGES IN UKRAINE." Juridical science 2, no. 4(106) (April 3, 2020): 146–51. http://dx.doi.org/10.32844/2222-5374-2020-106-4-2.18.
Повний текст джерелаАнотація:
The Constitution of Ukraine contains mandatory requirements that a person applying for the position of a judge must meet. Given that the judiciary is the judiciary, whose activities are related to the restoration of violated rights, these functions can be performed only by persons who meet all the requirements established by the Basic Law and regulations governing the social status of judges in Ukraine. However, recalling the requirements for judges, the principle of ensuring the independence of judges in Ukraine should also be disclosed. The purpose of the article is to reveal the public administration of ensuring the independence of judges in Ukraine on the basis of a comprehensive analysis of regulatory frameworks, conceptual ideas and scientific positions. The article stipulates that in order to properly ensure the independence of judges it is necessary to carry out effective, optimal, comprehensive public administration, which by its nature in this area is to exercise power and organizational and support activities of public administration in a special way to protect legal status, immunity and professional interests of a judge, which constitute his independence in legal relations. It was found that the independence of a judge is a special, intra-judicial state of protection and independence of a judge, which is regulated by law and consists in determining the legal status of a judge regarding his professional immunity and immutability, creating conditions for ensuring a judge's professional activity. and other factors that may adversely affect professional activity. It was emphasized that the state of the domestic judicial system, in particular the observance of the principle of independence of judges, has long passed into the category of problems that are of particular concern to Ukrainian society. No one doubts the need to rectify this problematic situation, but all the measures taken, including the implementation of the relevant tasks of judicial reform, have not yet had a significant impact on ensuring the real independence of judges.
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Pardede, Josua Navirio, Wigati Taberi Asih, and Thogu Ahmad Siregar. "Progressivism of Judges in Deciding Applications for Marriage Dispensation." Lambung Mangkurat Law Journal 6, no. 1 (February 25, 2021): 41–55. http://dx.doi.org/10.32801/lamlaj.v6i1.208.
Повний текст джерелаАнотація:
Regulation on the age limit for a marriage through Act No. 16 of 2019 is based on the spirit of anti-discrimination and protection of children's rights from the adverse effects of child marriage. However, the efforts to complicate and prevent child marriage has yet to have a significant impact on reducing the rate of child marriage in Indonesia. This condition is occurred by the high level of applications for marriage dispensation that are granted by the court. Hence, the construction of the judge's reasoning in observe the relationship between the substance of the law and the reasons for proposing marriage dispensation is one of the most vital and influential elements. The positivism-legism legal reasoning used in understanding of Act No.16 of 2019 is considered to be the cause of the malfunction of the regulation in protecting and guaranteeing children's human rights. By using doctrinal legal research methods, this research produces a conceptual analysis in the form of a meta-juridical critique on positivist legal reasoning which tends to lead to the legism when trying to understand the objectives of Act No. 16 of 2019 and proposes a progressive legal notion as an ideal reasoning framework in producing decisions on applications for dispensation of marriage that have a perspective on the protection and guarantee of children's rights.
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Situmeang, Asima Trismawati, Saidin ., and T. Keizerina Devi A. "Legal Protection on the Moral Rights and Economic Rights of the Author of Film Script Writing Pursuant to Law No. 28 of 2014 Concerning Copyright (Analysis of Copyright Infringement Case by a Production House of the “ Benyamin Biang Kerok” Film)." International Journal of Research and Review 8, no. 8 (August 29, 2021): 731–39. http://dx.doi.org/10.52403/ijrr.20210896.
Повний текст джерелаАнотація:
Moral Rights and Economic Rights are Exclusive Rights that cannot be separated in relation to Copyrights. Copyright protects all forms of work, one of which is Film Script Writing as referred to in Article 40 paragraph (1) of Law Number 28 of 2014 concerning Copyright (UUHC). One of the forms of infringement on the copyrighted work of the film script is the reuse of the film script without the permission of the creator, resulting in the loss of the moral rights and economic rights of the creator. The problems in this study are: how to use the principles of Moral Rights and Economic Rights of the Author in claiming protection against Copyright infringement on Film Script Writing, how legal remedies can be taken in the form of legal protection for the Author of Film Script Writing used without permission, and how analysis of the Judge's decision on the violation of Moral Rights for the Creator in the dispute of the film "Benyamin Biang Kerok" based on the decision of the Panel of Judges Number 09/Pdt.Sus-HKI/Cipta/2018/PN Niaga Jkt. Pst. This research is descriptive analytical with a normative juridical approach. Qualitative analysis methods are used to process and analyze research data and then draw conclusions using deductive methods through a normative framework. The results of the research show: the use of the Principles of Moral Rights and Economic Rights of the Creator as a claim for infringement of Copyright is listed in Article 4, Article 5. This right will continue to exist and is eternally attached to the Creator and will continue to apply indefinitely. Legal efforts as a form of legal protection for Film Scripts that are used without permission are to follow the provisions in Article 95 to Article 109 of the UUHC, namely by preventing violations from occurring and through alternative dispute resolution through arbitration or through the Commercial Court. The Plaintiff's lawsuit was declared defeated by the Panel of Judges, due to lack of parties. But the production of the film "Benyamin Biang Kerok" is not determined as a violation of the exclusive rights of the Creator. This decision has not provided justice and provided legal protection for the Plaintiff as the author of the original manuscript and it is feared that the same violation will continue to occur in the future. Suggestions that can be given include: in providing explanations and strengthening the importance of the Creator's Exclusive Rights, it is necessary to have awareness, socialization and public education so as not to use other people's creations carelessly. Legal efforts to prevent infringement of film script writing is to conduct socialization in the film industry and other related creative industries. Against a decision that has not provided legal protection for the Plaintiff, the Panel of Judges must also determine that the defendant has violated the exclusive rights of the Plaintiff's written film script and stipulates compensation for the violation of exclusive rights committed. Keywords: Legal Protection, Moral Rights, Economic Rights, The Author, Copyrights,Film Script Writing.
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Ovcharenko, O., and T. Podorozna. "JUDGES' LIABILITY FOR VIOLATION OF CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 39–44. http://dx.doi.org/10.17721/1728-2195/2019/4.111-8.
Повний текст джерелаАнотація:
The article focuses on the judge's liability vilotaion of the Convention for the Protection of Human Rights and Fundamental Freedoms. State of- ficials' wrongful acts result in liability of a state regardless of the fault of those officials are determined as axiomatic for the theory of law. The state agencies, where the officials are employed, are entitled to file regress suits in accordance with the procedure provided by law. In such a case, can- cellation or annulment of the wrongful act that causes damages, should not be regarded as a special precondition for the liability of the state official liable for committing such an act. The precondition of the liability of the official should be his or her fault. It is essential that the liability of a judge for issuing wrongful judicial acts, regarding his or her status, has its own peculiarities. First, according to international standards, liability of a judge for delivering an illegal judgment, that had causes financial damage and interfereance with personal rights and freedoms, is predetermined by his or her procedural independence and immunity. Secondly, compensation for losses incurred by the state as a result of a wrongful decision or conduct of a judge in the performance of his / her duties is established. In addition to this, the state has the right to bring regress suits against a judge who has caused such damages to individuals or legalentities.
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Kovalchuk, Vitaliy B., Bogdana B. Melnychenko, Kostyantyn B. Marysyuk, Nataliia D. Slotvinska, and Mykhailo V. Shulga. "Right to health in the decisions of the European court of human rights." Informatologia 55, no. 1-2 (2022): 14–26. http://dx.doi.org/10.32914/i.55.1-2.2.
Повний текст джерелаАнотація:
The article is devoted to the coverage of general theoretical and practical aspects of the protection of the right of a person to health care in the European Court of Human Rights. The substantive and essential correlation of the main elements of protection of the individual's right to health care in the European Court of Human Rights is analysed. Based on the analysis of the norms of international law, the main elements of protection of a person's right to health care have been identified in the European Court of Human Rights. In this study used the formal-logical method, method of analysis, methods of synthesis, generalization, induction, deduction. Analysed the mechanism of the right to health in the European system of human rights. The practical significance of the study of the case law of the ECtHR is that the question of its application is a certain legal guideline for all law enforcement agencies - judges, lawyers, prosecutors, law enforcement officers and other participants.
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Barak, Aharon. "Human rights in times of terror – a judicial point of view." Legal Studies 28, no. 4 (December 2008): 493–505. http://dx.doi.org/10.1111/j.1748-121x.2008.00096.x.
Повний текст джерелаАнотація:
This paper, delivered as the Second Scarman lecture, argues that the role of a judge on the Supreme Court of a democratic state is to protect both the constitution and the democracy. Judges in modern democracies should protect democracy both from terrorism and from the means the state wishes to use to fight terrorism. Judges meet their supreme test when they face situations of war and terrorism. The protection of human rights of every individual is a duty much more formidable in situations of war or terrorism than in times of peace and security. But if judges fail in their role in times of war and terrorism, they will be unable to fulfil their role in times of peace and tranquility. It is a myth to think that it is possible to maintain a sharp distinction between the status of human rights during a period of war and the status of human rights during a period of peace. The paper explores these issues through an examination of the need for a balanced and proportionate approach and by using illustrations from the example of the Israeli Supreme Court, with a focus on the role of judicial review in the ‘war on terror’.
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Kirby, Justice Michael. "The Role of the Judge in Advancing Human Rights - Knight Errant or Slot Machine Automation?" Nordic Journal of International Law 57, no. 1 (1988): 29–46. http://dx.doi.org/10.1163/157181088x00029.
Повний текст джерелаАнотація:
AbstractIn this paper, the author deals with the "role" of judges in "advancing" human rights. He cautions that the needs of different countries will vary. He starts with a reference to the recent failure of Judge Robert Bork to secure confirmation to the Supreme Court of the United States. Bork had been a long time proponent of judicial restraint in the interpretation of the Bill of Rights, urging that protection of human rights should normally be left to the democratically accountable branches of government - the executive and the legislature. After reviewing the theoretical and practical arguments for and against judicial restraint, the author states his own conclusions. These are that, especially where there is a constitutional charter of rights and particularly in common law countries, judges have an inescapable function in developing the law. Their decisions necessarily advance their view of human rights. In human rights cases, they may nowadays receive assistance from international statements of human rights and the jurisprudence developing around such statements. The author appeals for an international approach but acknowledges that this will be difficult for lawyers, traditionally jurisdiction bound. But he warns that there are limits to the activism of the judiciary in controversial human rights cases. Judges themselves do well to recognise these limits both for their legitimacy and their effectiveness. An important modern challenge to the judiciary is that of resolving this dilemma between the pressures for restraint and the urgency of action.
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Karakamisheva-Jovanovska, Tanja. "Fundamental Rights Seen Through the “Pluralistic Interpretive Box”." Central European Journal of Comparative Law 2, no. 2 (November 20, 2021): 65–79. http://dx.doi.org/10.47078/2021.2.65-79.
Повний текст джерелаАнотація:
Interpretation, or the judicial understanding of the legal acts in the process of protection of the human rights, is becoming increasingly interesting and controversial, both from an aspect of the applied interpretation technique (which interpretation method is applied by the judge in a specific case and why), as well as from an aspect of the legal opportunism/legitimacy of the interpretation. It is a fact that so far, neither the European, nor the national legal theories and practice have offered coordinated systematic approach regarding the application of the legal interpretation methods, which often leads to different interpretation of the legal norms by the national and the European courts when applied in similar or identical legal situations for protection of the human rights. It is considered that the different interpretation of the legal documents by the judges endangers the protection of the human rights, but also the legal security of the citizens. Judicial discretion in choosing an interpretive method in a particular case by the national, or by the courts in Luxembourg and Strasbourg further complicates the already complex procedure of protection of human rights, which directly creates new problems instead of solving the existing ones. The "pluralistic interpretive box" is continuously filled with new and new cases from different approaches by different courts in the process of protection of human rights, which leads to increased scientific interest for a more detailed consideration of this issue. The growing scientific interest in the impact of the legal interpretation on the (non) equality of the human rights protection is the main reason for writing this paper, in which I will try to explain the connection between the three different, but still related issues encountered in the multilevel system of human rights protection in Europe. The first issue addressed in the paper concerns the most common methods of legal interpretation applied in the national and European court proceedings. The second issue concerns the search for a consistent answer to whether and how much legitimacy and legality the court decisions made by applying judicial discretion have when the interpretive method in judicial decision-making is chosen, and the third issue refers to finding an answer to the impact of such court decisions on the functionality and efficiency of the multi-level system of protection of human rights, that is, to what extent such court decisions have a positive or negative effect on the human rights protection. Given that each national court has its own instruments and techniques of interpretation by which the judges make their decisions, the need to study their causality and effectiveness is more than evident.
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Irving, Emma. "The other side of the Article 21(3) coin: Human rights in the Rome Statute and the limits of Article 21(3)." Leiden Journal of International Law 32, no. 4 (September 10, 2019): 837–50. http://dx.doi.org/10.1017/s0922156519000426.
Повний текст джерелаАнотація:
AbstractThe drafters of the Rome Statute sought to accord human rights a central place within the legal framework of the International Criminal Court (ICC). This was done not only through numerous provisions on the rights of the accused, victims, and witnesses, but also through the inclusion of the overarching Article 21(3) of the Rome Statute. Article 21(3) Rome Statute requires that the interpretation and application of all ICC law be consistent with internationally recognized human rights. While this provision has been employed on numerous occasions to bolster human rights protection in the ICC legal framework, it is not without its limits. In a series of decisions over the past few years, ICC judges have placed limits on the protections that can be read into the ICC legal framework on the basis of Article 21(3). Beyond stating that the ICC ‘is not a human rights court’, the decisions in question articulate no clear justification for the limitations imposed on Article 21(3). The present article analyses these decisions and identifies the underlying rationale for the Court’s approach: the principle of speciality. However, the picture is further complicated by the judges’ willingness to overlook the principle of speciality when particularly serious violations of human rights are involved. This leaves the precise contours of human rights protection in the ICC legal framework undefined.
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Pollicino, Oreste. "The Transatlantic Dimension of the Judicial Protection of Fundamental Rights Online." Italian Review of International and Comparative Law 1, no. 2 (March 15, 2022): 277–310. http://dx.doi.org/10.1163/27725650-01020004.
Повний текст джерелаАнотація:
Abstract This article underlines the role of courts in ensuring the protection of fundamental rights in the digital environment. In particular, the focus will be on the European and the US judicial dimension, looking at the right of freedom of expression and data protection. Section 2 underlines how judges rely on metaphors to address digital matters. Sections 3 and 4 respectively look at the role of courts in shaping the protection of freedom of expression and of privacy and personal data across the Atlantic. Section 5 provides two examples of the role of European courts in extending values across the Atlantic.
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Febrian, Nurhidayatuloh, Helena Primadianti, Ahmaturrahman, and Fatimatuz Zuhro. "A Gap Between Right to Live Protection and Death Penalty in Indonesia (Judges Decision on Cases Threatened Death Penalty)." SHS Web of Conferences 54 (2018): 02005. http://dx.doi.org/10.1051/shsconf/20185402005.
Повний текст джерелаАнотація:
In Indonesia, right to life and death penalty has been perceived separately both by legislative and judiciary institutions. It can be seen from the government stand to ratify covenant regarding to right to life, but impose death penalty. This article is trying to elaborate judges’ decisions to cases threatened to death at district courts in South Sumatra and Yogyakarta Province. The research will contribute to provide an understanding of judges to the Article 6(2) ICCPR in both provinces. The main methods for this research comprise literature review and review of selected verdicts from district courts in both provinces. The data will be supported by several interviews to several judges serving in the district courts. As a result, none of the verdicts provide a consideration on human rights law set forth in the Article 6(2) for the cases threatened to death. In contrast, some judges believe that capital punishment has a deterrent effect for others. Fortunately, in some district courts, the judges are for sure that death penalty is the very last choice for very sadistic culprit when there is no mitigating circumstance in sentencing.
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Choquette, Marie. "Les articles 8, 9 et 10 de la Charte canadienne des droits et libertés." Les Cahiers de droit 25, no. 3 (April 12, 2005): 677–98. http://dx.doi.org/10.7202/042616ar.
Повний текст джерелаАнотація:
Legal rights protected under sections 8, 9 and 10 of the Canadian Charter of Rights and Freedoms are the subject of this article. Section 8 affords protection against unreasonable search or seizure; there was no similar provision under the Canadian Bill of Rights. Authorized searches and seizures by warrant will be considered unreasonable whenever minimal standards laid down in section 443 of the Criminal Code have not been respected. Furthermore, searches or seizures without warrant will be judged unreasonable if they do not conform to the legal provisions under which they are authorized. Section 9 protects against arbitrary detention or imprisonment. Some judges deem detention to be arbitrary if it is not authorized under statute, while others feel that detention is arbitrary whether authorized by statute or not if it be capricious or unreasonable. Finally, section 10 provides for certain rights to a person who is arrested or detained, such as the right to be informed of the reasons for arrest or detention, the right to be informed of his or her right to retain and instruct counsel and the right to do so, and the right to have the validity of the detention ascertained.
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Shunko, M. G. "Administrative and legal characteristics of the place and role of a judge of the Higher specialized court." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 228–31. http://dx.doi.org/10.24144/2788-6018.2021.04.40.
Повний текст джерелаАнотація:
One of the aspects of the implementation of judicial reform in Ukraine was the establishment of the High Specialized Courts, which were to ensure the administration of objective justice in important areas, including combating corruption and combating intellectual property offenses. In this context, it is important to determine not only the role and place of these judges in the judicial system of Ukraine in general, but also to provide administrative and legal characteristics of the place and role of judges of higher specialized courts in particular.
The purpose of the article is the administrative and legal characteristics of the place and role of a judge of the higher specialized court.
According to the principle of separation of powers, all three branches must be independent of each other. Concentration of power in a state body or person can lead to the seizure of power. The judiciary is the most reliable and civilized way to protect human rights and civil rights and freedoms, and judicial protection of human rights and freedoms is the most democratic and appropriate way to consider the facts and causes of various disputes and establish the truth in pending cases.
As for the role of the judge directly in the process, the judge considers the case within the established procedural norms. Everything is based on the legal basis, and the judge is in fact the observer of the process, a person who, in accordance with the law, strictly adheres to all procedural norms.
It is concluded that the role of a judge of the High Specialized Court is more important than the role of a judge of a court of general jurisdiction, as evidenced by additional requirements for candidates for a judge of a special court and the importance of requirements for highly specialized judges in general.
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Adler, Stephen. "The Role of Judges in the Implementation of Social Policies." International Journal of Comparative Labour Law and Industrial Relations 18, Issue 4 (December 1, 2002): 341–76. http://dx.doi.org/10.54648/5113458.
Повний текст джерелаАнотація:
This article, based upon the author's general report to the 9th Meeting of European Labour Court Judges (ILO, Geneva, December 2001), discusses the role of Labour Court judges and Labour Courts in the implementation and development of social policy. After surveying the legal sources of social policy and a number of Labour Court ‘models’, comparative experience in various national systems is described and commented upon. The author contends that judges play an important role in the development of social policy, and suggests that, when dealing with issues in this field, Labour Court judges adhere to an agenda which differs from that of judges in the general courts. It is argued that the personal values, beliefs and experiences of judges influence their decisions regarding social policy issues, so that it is important for judges to recognize and articulate the factors influencing their decisions on such matters. To assist with this, the influence of the judge on social policy should be considered when individuals are appointed and trained to exercise their judicial role. The author further argues that Labour Courts can only make a significant contribution to the development of social policy if there is reasonable access to those courts, and that among the factors capable of furthering such access are the efficiency of, and the attitudes displayed by, Labour Court judges themselves. Finally, it is observed that, in an era of decreasing union density, Labour Courts increasingly provide the principal route for workers to enforce their rights, thereby underlining the key role of Labour Court judges in developing social law and furthering access to industrial justice as an important means for the protection of rights at work.
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Yunus, Sri Rahmawaty, and Ahmad Faisal. "ANALISIS PENETAPAN DISPENSASI KAWIN DALAM PERSPEKTIF UNDANG-UNDANG PERLINDUNGAN ANAK (STUDI KASUS DI PENGADILAN AGAMA LIMBOTO TAHUN 2015-2016)." Jurnal Ilmiah AL-Jauhari: Jurnal Studi Islam dan Interdisipliner 3, no. 2 (February 11, 2019): 86–102. http://dx.doi.org/10.30603/jiaj.v3i2.540.
Повний текст джерелаАнотація:
This thesis described the establishment of judge in Limboto Religious Caurt in adjudicating marriage dispentation proposal. The proposal was requested by the parents for the children�s underage marriage, while in marriage law chapter 7 says that the marriage can be arranged at the age of 19 years old for men and 16yeras for women. Meanwhile, chilidren under 18 years old should have protection on thair rights and welfare as stated in Child Protection Law. Therefore, this research was conducted based on big concern on violation of chiledren�s rights.
In this research, the researcher discussed problems on 1) how the judges considered the marriage dispentation proposal in Limboto Religious Caourt? And 2) how the judges determined the marriage dispensation proposal?
This thesis was conducted through fielld research by means a research done in a particuler location ar area, and in this case it was located in Limboto Religious Court. This research used descriptive �analytic mathod where the problem of research was solved by describing and analytic it through data collection, composition, data analysis, data presentation and assessment on the reserch problem.
The result showed that the implementation of marriage dispensation in Limboto Religious Court is relevant with legal substanceof child protection law as well as marriage law number 1 of 1974 in which it is based on principile of the law, it also prioritizes welfare of the chilidren who are mature enough ini building a new family. Those children in marriage dispensation have met standrs in child protection that puts forward the regulation�s best principle, the right to live, and appreciation for the children. Therefore, the marriage dispensation in Limboto Religious Caourt is not contradictory to the child protection law.
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Sadnyini, Ida Ayu, I. Gede Putu Agus Wistama Putra, A. A. A. Ngurah Sri Rahayu Gorda, and A. A. A. Ngurah Tini Rusmini Gorda. "LEGAL PROTECTION OF INTERIOR DESIGN IN INDUSTRIAL DESIGN INTELLECTUAL PROPERTY RIGHTS." NOTARIIL Jurnal Kenotariatan 6, no. 1 (June 15, 2021): 27–37. http://dx.doi.org/10.22225/jn.6.1.3614.27-37.
Повний текст джерелаАнотація:
Intellectual property is creativity that results from human thought in order to meet the needs and welfare of human life. Currently, IPR issues are widely discussed in the context of international issues. IPR includes two parts, namely Copyrights and Industrial Property Rights. Industrial property rights include patents, industrial designs, integrated circuits layout designs, trade secrets, geographic indications, trademarks and plant variety protection (PVP). Interior design is part of industrial design. Interior design has experienced significant developments in recent years, including in Indonesia. Problems that arises is plagiarisms done by imitating or using the "similarity" of an interior design that already has an industrial design certificate without any permission from the design owner. This study aims to find out the legal protection of interior design in the intellectual property rights of industrial design and the legal basis used by judges in deciding industrial design rights disputes. The result of this study showed that the legal protection of interior design in the intellectual property rights of industrial design involved two legal protections; they are preventive legal protections and repressive legal protections. Furthermore, Gustav Radbruch's theory of legal ideals is used as a legal basis in deciding cases of disputes over industrial design rights based on justice, benefits, and legal certainty in the case of industrial design disputes Ecosfera Room.
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Omelchenko, Oleksandr, and Vladislav Rebezyuk. "The current issues of the protection of the rights, freedoms of participants of criminal proceedings at the stage of judicial consideration." Slovo of the National School of Judges of Ukraine, no. 4(29) (February 11, 2020): 71–82. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-6.
Повний текст джерелаАнотація:
This article explores the issues of protecting of the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration. Consequently, examines of the current state and prospects of protecting the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration is carried out. The current problems and ways of solving the issue of protecting the rights and freedoms of participants in judicial proceedings are considered. This article deals with the issues concerning of the protection of rights and freedoms in criminal proceedings. An indicator of the availability of justice is a component of the right to a fair trial, the existence of an optimal system of court costs and developed mechanisms for providing legal assistance to the poor. Meanwhile, all court judgments should be based on the current Constitution of Ukraine, as well as on the current legislation, without contradicting with them. The International experience in protecting the human rights and freedoms is very important and has a significant impact on the domestic legislation of both our state and other democratic states as a whole. The International standards of fundamental human rights and freedoms and their legitimate interests is the basis that fills the international experience in protecting human rights, freedoms and legitimate interests. The main provisions of the Constitution of the community of democratic states on human rights and freedoms must comply with all international standards, since the protection of rights, freedoms and legitimate interests ensures the sovereign, democratic and independent state. Each civilized state must ensure the implementation of legal guarantees for the protection of the rights, freedoms and legitimate interests of its citizens, this will become the key to the democratic development of the state. To summarize, the public is interested in ensuring that the rule of law is guaranteed through fair, impartial and effective administration of justice. The prosecutors and the judges ensure at all stages of the trial the guarantee of human rights and freedoms, as well as the protection of public order. This covers respect for the rights of the accused and the victims. Protecting the human rights in criminal proceedings at the trial stage is one of the main challenges facing the courts, prosecutors and lawyers. The opportunities of judicial protection through a system of various forms of judicial review is not only an additional guarantee of rights and freedoms, but also a condition for their speedy restoration. Key words: court proceedings, organizational and legal mechanism, protection of the rights, court decision, court control functions, The European Court of Human Rights, legal decisions, legal norms, court proceedings, protection of freedoms, availability of the justice.
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Itanyi, Nkem. "Enforcing Intellectual Property Rights in Nigerian Courts." Law and Development Review 11, no. 2 (June 26, 2018): 627–45. http://dx.doi.org/10.1515/ldr-2018-0032.
Повний текст джерелаАнотація:
Abstract There is no point in making comprehensive provisions for the protection of various intellectual property rights without also providing a corresponding comprehensive system for enforcing the same when the rights are or about to be infringed. Therefore, an accessible, sufficient and adequate system/procedure is paramount in any worthwhile intellectual property system. Right holders must be granted means to enforce their rights just as is obtainable in other forms of tangible and intangible properties. To this end, all intellectual property systems need an effective judicial system that is empowered to deal with both civil wrongs and criminal offences while being presided over by adequate number of judges with the requisite experience in intellectual property law. This paper therefore examines: the raison-d’être for protecting intellectual property rights; the various enforcement mechanisms via the courts; sanctions and remedies for infringement of intellectual property rights amongst other incidental matters. The paper concludes with a call for the review of the sanctions for infringing intellectual property rights.
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Tulaganova, Gulchekhra, and Albina Tadjibaeva. "GUARANTEES OF TRUE INDEPENDENCE OF JUDGES." JOURNAL OF LAW RESEARCH 6, no. 3 (March 30, 2021): 84–92. http://dx.doi.org/10.26739/2181-9130-2021-3-11.
Повний текст джерелаАнотація:
This article examines the reforms and main tasks of the judicial system in our country. Also, the analysis of the history of the judicial system, issues of ensuring the true independence of judges, the requirements for judges today, the experience of foreign countries in the organizational support of the judicial system. In addition, the issues of disciplinary responsibility of judges and further improvement of the judicial system were analyzed. The independence of the judiciary was emphasized as a prerequisite for the recognition, full provision and true protection of human rights
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Yulianti, Sry, Ma'ruf Hafidz, and Dachran S. Busthami. "Putusan Hakim Terhadap Hak Asuh Anak Akibat Perceraian Di Pengadilan Agama Polewali Mandar." Journal of Lex Philosophy (JLP) 1, no. 2 (December 31, 2020): 244–59. http://dx.doi.org/10.52103/jlp.v1i2.310.
Повний текст джерелаАнотація:
Tujuan penelitian menganalisis Efektifitas Putusan Hak Asuh Anak dan Pertimbangan Hakim di Pengadilan Agama Polewali Mandar dalam memberikan hak pemeliharaan atau hak asuh anak kepada salah satu dari orang tuanya. Penelitian ini menggunakan pendekatan penelitian empiris Hasil penelitian menunjukkan bahwa: (1) evektifitas putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar No.195/Pdt.G/2020/PA.Plw terlaksana sudah efektif karna dilaksanakan dengan baik dan memenuhi syarat sesuai dengan putusan Pengadilan Agama dalam pemenuhan hak asuh anak; (2) faktor-faktor yang mempengaruhi putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar , yaitu faktor agama dan faktor materi. Pertimbangan hakim dalam menetapkan hak pemeliharaan anak atau hak asuh anak, selain pertimbangan hukum yang dilakukan, hakim juga melihat kepentingan-kepentingan anak, supaya hak pemeliharaan anak atau hak asuh anak tepat kepada siapa di dapatkan. Hakim juga menggunakan hadist Al-Qur’an dalam mempertimbangkan putusan tentang hak asuh anak.
This study aims to analyze the implementation of legal protection against children through diversion The research objective is to analyze the effectiveness of child custody decisions and judges' judgments at the Polewali Mandar Religious Court in providing custody or custody of children to one of the parents. This study uses an empirical research approach. The results show that: (1) the effectiveness of the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court No.195 / Pdt.G / 2020 / PA.Plw has been implemented effectively because it is implemented well and fulfills requirements in accordance with the decision of the Religious Court in fulfilling child custody rights; (2) the factors affecting the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court, namely religious factors and material factors. Judges considerations in determining child care or child custody rights, in addition to the legal considerations made, the judge also looks at the interests of the child, so that the right to care for the child or the right to custody of the child is right to whom it is obtained. The judge also used the hadith from the Qur'an in considering decisions about child custody.
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Туманова, Лидия Владимировна. "RIGHT OF JUDGE TO FAIR TRIAL." Вестник Тверского государственного университета. Серия: Право, no. 2(66) (June 25, 2021): 71–80. http://dx.doi.org/10.26456/vtpravo/2021.2.071.
Повний текст джерелаАнотація:
Статья предлагает для обсуждения проблему обеспечения дополнительных гарантий права судей на справедливое судебное разбирательство. Показаны проблемы с обращением в суд судей по общегражданским делам и особенности судебной защиты судьи в соответствие с его статусом. The article proposes for discussion the problem of providing additional guarantees of the right of judges to a fair trial. The problems with the appeal of judges in civil cases and the peculiarities of judicial protection of a judge in accordance with his status are shown.
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Brouwer, Evelien, and Frederik Zuiderveen Borgesius. "Access to Personal Data and the Right to Good Governance during Asylum Procedures after the cjeu’s YS. and M. and S. judgment (C-141/12 and C-372/12)." European Journal of Migration and Law 17, no. 2-3 (June 24, 2015): 259–72. http://dx.doi.org/10.1163/15718166-12342080.
Повний текст джерелаАнотація:
In the YS. and M. and S. judgment, the Court of Justice of the European Union ruled on three procedures in which Dutch judges asked for clarification on the right of asylum seekers to have access to the documents regarding the decision on asylum applications. The judgment is relevant for interpreting the concept of personal data and the scope of the right of access under the Data Protection Directive, and the right to good administration in the eu Charter of Fundamental Rights. At first glance, the judgment seems disappointing from the viewpoint of individual rights. Nevertheless, in our view the judgment provides sufficient grounds for effective access rights to the minutes in future asylum cases.
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Abdurrahman, Abdurrahman. "Judges 'Consideration in the Decision of Fulfilling the Rights of Women and Children After Divorce in the Region of the DKI Jakarta High Religious Court." International Journal of Nusantara Islam 8, no. 2 (December 15, 2020): 289–99. http://dx.doi.org/10.15575/ijni.v8i2.12413.
Повний текст джерелаАнотація:
The background of this research is related to the most basic issues and has become the discourse among legal practitioners and academics so far, regarding how the rights of women and children that have been imposed by judges through their decisions can be implemented properly by ex-husbands voluntarily. In reality, in practice, many judges' decisions relating to women's rights are not carried out by ex-husbands. In addition, there is no mechanism that is able to ensure the payment of child and / or financial support by the defendant after divorce, ex-husbands are often absent from their obligations to pay for the rights of ex-wives and children after divorce. The results of this study indicate that: The position of guarantee for the rights of women and children after divorce is very weak, therefore the issue of living for wives who have been divorced by husbands and children still does not fully provide legal protection to wives. Judges' considerations in the decision of the Religious Court in the DKI Jakarta High Religious Court area in providing the rights of women and children in their development have attempted to provide protection in the form of charging fees as a result of divorce submitted by husbands to the Religious Court in the form of iddah, mut'ah, and livelihoods. children, common property
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Hidayat, Maskur. "HUKUM PERDATA PROGRESIF: PERUBAHAN DAN KESINAMBUNGAN PENEMUAN HUKUM DI BIDANG HUKUM PERDATA." Jurnal Hukum dan Peradilan 3, no. 3 (November 28, 2014): 269. http://dx.doi.org/10.25216/jhp.3.3.2014.269-280.
Повний текст джерелаАнотація:
Law is a tool that people can achieve order and the protection of basic human rights. Among others, the right to life and protection, both physical protection, protection of honor and decency and the protection of property rights or properties. The phrase that nothing is eternal except change undoubtedly also applies in the legal world. Every moment is always evolving human problems, as well as a method of conflict resolution must also keep abreast of developing issues. Became law at the center of media demands, namely the rule of law and sense of justice. On the side of the rule of law, justice demands that can be placed exactly over the other side into a sense of justice also demands that require judges to give a personal touch (case by case) in the face of any problems encountered in the trial. Keywords: rule of law, justice and progressive law.
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Demyda, Alla. "Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial." Bratislava Law Review 5, no. 1 (June 30, 2021): 67–90. http://dx.doi.org/10.46282/blr.2021.5.1.228.
Повний текст джерелаАнотація:
The article focuses on the principle of impartiality and independence of judiciary as a part of the right to a fair trial according to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, an account will be taken of the case law of the European Court of Human Rights in matters of applications from national judges. The article considers the reflection of the decision of the European Court of Human Rights on the amendment of national legislations and the amendment of the provisions of the national constitutions regarding the principles of justice.
40
Dzierzbicki, Cezary. "Judicial protection of rights on real estate in non-contentious proceedings." Opolskie Studia Administracyjno-Prawne 16, no. 4 (2) (September 18, 2019): 31–42. http://dx.doi.org/10.25167/osap.1219.
Повний текст джерелаАнотація:
The article presents the rights concerning real estates, which are considered in noncontentious proceedings by the court. The author defines non-contentious proceedings, which are a kind of civil proceedings. The scope of non-contentious proceedings involves cases concerning different rights on real estate, for instance: ownership, co-ownership, servitude right of necessity of passage, establishing the necessity of passage, making an entry in the land and mort gage register and in the National Court Register. Besides, there is – in this article – a comparison between non-contentious and contentious proceedings and administrative proceedings. The article describes also the principle of effective judicial protection in non-contentious proceedings. The author proposes amendments in the regulation and in the practice of their application, which are connected with granting more powers to court clerks (referendarz sądowy) and assistants to judges.
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Usmanilala, Usmanilala, and Pitriadin Pitriadin. "MAXIMUM CRIMINAL SANCTIONS FOR THE PERSONNEL OF Rape ACCORDING TO ARTICLE 285 KHUP (Case Study of Decision Number 131 / Pid.B / 2019 / PN.Cbi)." IBLAM LAW REVIEW 1, no. 1 (January 31, 2021): 154–72. http://dx.doi.org/10.52249/ilr.v1i1.17.
Повний текст джерелаАнотація:
The research objective was to analyze and describe the provision of non-maximum criminal sanctions for perpetrators of the crime of rape according to Article 285 KHUP in Decision Number 131 / Pid.B / 2019 / PN.Cbi and to analyze and describe judges' considerations in deciding cases of rape in decision No. 131 / Pid.B / 2019 / PN.Cbi. The research method used is the method of data analysis and library research / normative legal research, including primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study show that the imposition of criminal sanctions is not maximum for the perpetrators of the crime of rape in Decision Number 131 / Pid.B / 2019 / PN.Cbi has not provided a sense of justice for victims because in practice law enforcement officials including the panel of judges who should be a mouthpiece of justice turned out to be did not give maximum sanctions to the perpetrators, the panel of judges in the case even openly ignored the condition of victims who had experienced trauma and depression. This provides clear evidence that there is still a lack of guaranteed protection for victims of sexual violence, especially rape in Indonesian criminal justice. Judges considerations in deciding criminal cases of rape in decision No. 131 / Pid.B / 2019 / PN.Cbi which imposes imprisonment for 3 (years), namely when the perpetrator is aware of the consequences, the perpetrator is in a healthy condition and is capable of considering his actions. The judge also did not see any justification or excuse reasons which could be the reason for the elimination of the criminal offense committed by the perpetrator. The Panel of Judges only saw incriminating matters, namely the perpetrator's actions which made witness Erica Alendha Sari experience psychological trauma. In this case the judge did not consider guaranteeing the fulfillment of the rights of victims of sexual violence, especially rape, for remedy that must be accommodated at every stage of the criminal justice system. For this reason, it is necessary to formulate laws and regulations that guarantee the fulfillment of the right to treatment including the right to confidentiality of identity, the right to protection related to guarantees of not being blamed and prosecuted for their testimony and also the right to recovery for victims of violence so that they can continue their life.
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Pitriadin, Pitriadin, and Usmanilala Usmanilala. "MAXIMUM CRIMINAL SANCTIONS FOR THE PERSONNEL OF Rape ACCORDING TO ARTICLE 285 KHUP (Case Study of Decision Number 131 / Pid.B / 2019 / PN.Cbi)." IBLAM LAW REVIEW 1, no. 01 (January 31, 2021): 184–203. http://dx.doi.org/10.52249/ilr.v1i01.9.
Повний текст джерелаАнотація:
The research objective was to analyze and describe the provision of non-maximum criminal sanctions for perpetrators of the crime of rape according to Article 285 KHUP in Decision Number 131 / Pid.B / 2019 / PN.Cbi and to analyze and describe judges' considerations in deciding cases of rape in decision No. 131 / Pid.B / 2019 / PN.Cbi. The research method used is the method of data analysis and library research / normative legal research, including primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study show that the imposition of criminal sanctions is not maximum for the perpetrators of the crime of rape in Decision Number 131 / Pid.B / 2019 / PN.Cbi has not provided a sense of justice for victims because in practice law enforcement officials including the panel of judges who should be a mouthpiece of justice turned out to be did not give maximum sanctions to the perpetrators, the panel of judges in the case even openly ignored the condition of victims who had experienced trauma and depression. This provides clear evidence that there is still a lack of guaranteed protection for victims of sexual violence, especially rape in Indonesian criminal justice. Judges considerations in deciding criminal cases of rape in decision No. 131 / Pid.B / 2019 / PN.Cbi which imposes imprisonment for 3 (years), namely when the perpetrator is aware of the consequences, the perpetrator is in a healthy condition and is capable of considering his actions. The judge also did not see any justification or excuse reasons which could be the reason for the elimination of the criminal offense committed by the perpetrator. The Panel of Judges only saw incriminating matters, namely the perpetrator's actions which made witness Erica Alendha Sari experience psychological trauma. In this case the judge did not consider guaranteeing the fulfillment of the rights of victims of sexual violence, especially rape, for remedy that must be accommodated at every stage of the criminal justice system. For this reason, it is necessary to formulate laws and regulations that guarantee the fulfillment of the right to treatment including the right to confidentiality of identity, the right to protection related to guarantees of not being blamed and prosecuted for their testimony and also the right to recovery for victims of violence so that they can continue their life.
43
Sircu, Artur. "The hybrid court – an appropriate solution for the protection of human rights within the territory of the Self-proclaimed Dniester Republic." Journal of the National Institute of Justice, no. 2(57) (July 2021): 37–41. http://dx.doi.org/10.52277/1857-2405.2021.2(57).06.
Повний текст джерелаАнотація:
Although the practice of hybrid courts was aimed at repressing international crimes, it also represents a reliable and effective model for examining cases on violation of fundamental human rights and freedoms within the territories with contested jurisdiction, not in the light of territorial dispute settlement but from the perspective of remediation, prevention and infringements ending rational within territories where there is no fair, constitutional and independent justice system. Such courts would represent the optimal solution for assessing any cases on human rights violations on the territory of self-proclaimed Dniester Republic in line with the lawfulness exercise, until the final settlement of the Transdniestrian conflict. The jurisdiction could include a panel composed of 7 judges, of which 3 would be appointed by the constitutional authorities of the Republic of Moldova, pursuant to different formulas, 2 – appointed by the UN and 2 – appointed by the OSCE. At least 3 judges shall be preferably from among the former judges of an international jurisdiction (e.g. the International Criminal Court, the European Court of Human Rights etc.). The European Convention on Human Rights could serve as the applicable substantive law, and the legislation of the Republic of Moldova – as the procedural law. The impact of creating such a court would be pivotal for the establishment of a human rights „coverage area” on the left bank of the Dniester. It is recommended however, for the proper functioning of this jurisdiction, especially endowed with confidence in the act of justice under the guarantee of international judges, that the origin of this jurisdiction shall be an external one, preferably a UN based one.
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Saraswati, Rika, and V. Hadiyono. "Penghargaan Hak Berpendapat Anak di Pengadilan: Studi Kasus di Pengadilan Negeri Semarang." Sawwa: Jurnal Studi Gender 13, no. 2 (December 20, 2018): 237. http://dx.doi.org/10.21580/sa.v13i2.3016.
Повний текст джерелаАнотація:
The right of children to be heard are guaranteed by the Child Protection Act in Indonesia. This is very principle as the main factor for judges to make decisions regarding disputes over child custody. The purpose of this study is to examine the implementation of laws in Indonesia that regulate children's rights to be heard in court. Data was taken by conducting documentary research and field research by collecting several decisions from the District Court of Semarang and interviewing the judges who handled this matter. This research shows that children are rarely asked for their opinions in the courtroom; Their opinions are only considered information, not as witness statements. As a result, their opinions and expectations have no effect on court decisions. The study also shows that the law in Indonesia has regulated the obligation of judges to listen to the opinions of children in court, but judges never consider it.
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Santosa, Eka. "The Judgment Of The Criminal Action Of Narcotics In Islamic Law Perspective And Human Rights Protection." Law Development Journal 1, no. 2 (September 15, 2020): 65. http://dx.doi.org/10.30659/ldj.1.2.65-72.
Повний текст джерелаАнотація:
The formulations of the problems in this research are: What is the basis for the judge's consideration in making a decision regarding the crime of narcotics abuse in the Pekalongan District Court? And how is the court's decision regarding narcotics crime based on the decision of the Pekalongan District Court from the perspective of Islamic law and protection of human rights human?The research carried out in this thesis is normative legal research, namely research on problems by looking at the prevailing regulations. The approach method used is normative legal research which is literature research, namely research on secondary data.The results of the research were as follows: Whereas narcotics crime is a crime, for this reason, a set of laws that regulate criminal sanctions for narcotics abuse is needed, namely: Law No. 35 of 2009 concerning Narcotics. The purpose of making Law No. 35 of 2009 concerning Narcotics is to prevent the occurrence of narcotics abuse and to eradicate illicit narcotics trafficking. The formulation of offenses in the aforementioned law focuses on the abuse and distribution of narcotics starting from cultivation, production, distribution, traffic to the users, not on assets obtained from criminal acts. The basis for consideration of judges in making decisions are: Judgments of a judicial nature, considerations of a non-judicial nature, and things that are burdensome and alleviate the crime. Judges must not only be based on statutory regulations, but must pay attention to the general feelings and opinions of the community.Keywords: Narcotics Crime, Islamic Law, Human Rights
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Logvynenko, M. I., and M. G. Shunko. "Comparative characteristics of intellectual property judges: Ukraine, United Kingdom, USA." Legal horizons, no. 23 (2020): 107–11. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p107.
Повний текст джерелаАнотація:
The article deals with the comparative characterization of specialized courts for the protection of intellectual property rights in Ukraine and developed foreign countries, such as Great Britain and the USA. The article deals with the historical background of the creation of a specialized court on intellectual property in Ukraine, as well as the legal systems in the field of protection of intellectual property rights of Great Britain and the USA, the analysis and consideration of the current judicial systems – in the consideration of civil and criminal cases in the field of intellectual property. property, litigation of the patent authorities of England and Wales, types of specialized courts and their unique procedural features. The nuances and practice of law enforcement activities of judges in the United States, the types and levels of penalties in civil and criminal cases, as well as the divergence of lawsuits and pre-trial procedural arrangements are outlined. The article reveals the similarity of the UK and US legal systems with those currently in force in Ukraine in dealing with intellectual property cases. The identified deficiencies relate to territorial inaccessibility, instances of inconsistency, and imperfection of the judicial system, as well as the defects of the national intellectual property and legal frameworks in place in comparison with the United Kingdom and the United States of America in the field of intellectual property. After researching and analyzing the intellectual property rights protection systems of leading countries in the world, such as England and the United States of America, the conclusions were clearly drawn as to the advisability of setting up a specialized court on intellectual property in Ukraine and the risks involved.
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Lokema, Guy-Prosper Djuma Bilali. "Role of the public and the media in civil court proceedings in DR Congo." KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 6, no. 1 (2019): 50–70. http://dx.doi.org/10.5771/2363-6262-2019-1-50.
Повний текст джерелаАнотація:
This article explores and exposes the role public and media play in civil court proceedings in Democratic Republic of Congo (DRC). These roles are examining at a moment of multiplication of international instruments of promotion and protection of human rights. This trend at international level coincides with a worldwide national movement of recognition of fundamental rights. Whereas it is universally proclaimed that citizens have right to participate in public affairs of their state, this right also realizes in the judicial field. Traditionally, citizens can act as juror. But, this institution doesn’t exist in DRC. They can, directly or indirectly, in some countries, participate in the election of judges and prosecutors. It is regrettable that this mode of designation of judges is not consecrated in DRC. It would be an efficient way for citizens to sanction those judges and magistrates who were accused of bribery, corruption, misappropriation, and abuse of authority. Despite the negative view Congolese legislator has on public considering them as a disturbing factor, people can also act as activists of human rights in order to make better the functioning of some tribunals like the Constitutional Court of DRC and to force the observation of procedure before jurisdictions. Media play important role in civil court proceeding in DRC. Media have access to courtroom on the basis of the publicity of hearings recognized by international treaties relative to human rights, by DRC Constitution of 18 February 2006 as modified and completed to date, and by other laws relative to proceedings to observe before Congolese jurisdictions. Despite the publicity of hearings, the Act of 22 June 1996 fixing procedures of exercise of freedom of press prohibits the broadcasting of judicial trial without permission of judge presiding tribunal. But this Act is presently under consideration at Congolese Parliament. It is not excluded that the recent practice observed in some tribunals consisting to accept and tolerate broadcasting without formal authorization be consecrated by lawmakers. Media influence people on the view of judicial institutions and by providing information on tribunals and proceedings.
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Peiris, G. L. "Legal protection of human rights: the contemporary Canadian experience." Legal Studies 5, no. 3 (November 1985): 261–95. http://dx.doi.org/10.1111/j.1748-121x.1985.tb00327.x.
Повний текст джерелаАнотація:
The incorporation of the Charter of Rights and Freedoms in the Constitution Act, 1982, marks a decisive development in the legal entrenchment of human rights in Canada. This contemporary experiment in the protection of fundamental rights by the constitutional limitation of legislative power, and in particular the social priorities established by the Charter and the delicate balancing of interests and values inherent in its provisions, offer useful insights into the viability of mechanisms associated with an enforceable bill of rights within the framework of a modern federal state. Of even greater interest, in the context of multi-racial and multi-religious communities in the modern Commonwealth, is the recent body of case law in the shaping of which Canadian judges have shown perception in imparting effectiveness to guarantees embodied in the Charter, while being acutely aware of the risk of exacerbating tensions with the legislative and administrative organs of government.
49
Nasution, Muhammad Syukri Albani, Ali Akbar, and Maimunah Siagian. "Tatacara Pemeriksaan Permohonan Dispensasi Kawin Menurut Perma Nomor 5 Tahun 2019 (Analisis Putusan No.0017/Pdt.P/2020/Pa.Lpk)." AL-HUKAMA' 10, no. 2 (February 17, 2021): 271–94. http://dx.doi.org/10.15642/alhukama.2020.10.2.271-294.
Повний текст джерелаАнотація:
Children have the right to choose, whether to marry or not, and when their choice falls to marry, then the biggest thing to be considered is the age, the age that is considered safe and permissible for marriage, from a health perspective, from a psychological perspective, as well as from an economic standpoint. This study aims to see how the judges consideration in deciding marriage dispensation cases, based on the analysis of the judge's decision No.0017 / Pdt.P / 2020 / PA.Lpk. The method used in this research is normative juridical. Indonesia as a State party to the Convention on the rights of the child (Convention on the rights of children) assert, that all actions concerning children undertaken by institutions, social welfare institutions, state or private, courts, administrative authorities or legislative bodies, are implemented in the best interest of the child, to provide protection for children who choose to marry while they are hindered by age
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Rohman, Adi Nur, Sugeng, and Hesti Widyaningrum. "INSTRUMENTATION OF EX-OFFICIO RIGHTS OF RELIGIOUS COURTS JUDGE RELATED TO FULFILLING CHILDREN AND WIFE'S RIGHTS DUE TO DIVORCE." Jurnal Hukum & Pembangunan 50, no. 2 (September 28, 2020): 361. http://dx.doi.org/10.21143/jhp.vol50.no2.2581.
Повний текст джерелаАнотація:
Most of divorce cases in Indonesia have a negative impact on divorced children and wives. This is due to the lack of public legal knowledge especially wives who are entangled in divorce cases so that their rights are often ignored. Judges of the Religious Court, in this regard, have a very important role in the protection of the rights of children and wives through the instrumentation of ex-officio rights which, because of his position, he has special authority in deciding the divorce case. This research is a combination of normative and empirical juridical research by connecting the case approach and the legislative approach. The research was conducted at the Bekasi Religious Court using the interview, observation and literature study methods. This study aims to analyze the conception of the rights of ex-officio judges, the basis for their consideration and the mechanism of their instruments in issuing decisions on divorce cases and their relevance to Islamic law