Procedural Law (Civil Procedure, Criminal Procedure, Administrative Procedure)

2002 ◽  
pp. 181-196
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Administrative Procedure ◽  
Procedural Law

scholarly journals Zakaz dowodowy przesłuchania mediatora w postępowaniu cywilnym, administracyjnym i karnym. Elementy wspólne i różnicujące (uwagi na tle art. 183 4 § 2 k.p.c., art. 83 § 4 k.p.a. oraz art. 178a k.p.k.)

2021 ◽  
Vol 32 (1) ◽  
pp. 198-210
Author(s):  
Piotr Krzysztof Sowiński ◽  
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Legal Order ◽  
Common Elements ◽  
Criminal Proceedings ◽  
Administrative Procedure

This article concerns mediation secret and ways to protect it in civil, administrative and criminal proceedings. Although all these procedures belong to one legal order they are characterized by independence and separate legal solutions. Common elements and differentiating them solutions were indicated in this text. Both were analyzed subjective and objective scope of the injunction on evidence contained in Art. 183 4 § 2 Code of Civil Procedure, Art. 96 § 2 Code of Administrative Procedure and Art. 178a Code of Criminal Procedure.

scholarly journals GENERAL PRINCIPLES OF CIVIL JURISDICTION

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Nataliia Ryzhenko ◽  
◽  
Olena Korolova ◽  
Keyword(s):  
Civil Procedure ◽  
Judicial System ◽  
Unified Approach ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Territorial Jurisdiction ◽  
Procedure Code ◽  
Procedural Code ◽  
The Moment ◽  
Definition Of

From the moment of becoming valid the law of Ukraine «On amendments to the Commercial procedural code of Ukraine, Civil procedural code of Ukraine the Code of administrative procedure of Ukraine and other legislative acts» of 3 October 2017 jurisdiction of courts courts is defined through the concept of «jurisdiction». This article considers the practical and theoretical significance of the amendments made by this legislative act to the current Civil Procedure Code of Ukraine. The significance of civil jurisdiction and its classification are revealed. To date, the science of civil procedural law has not developed a unified approach to the definition of «jurisdiction» and «civil jurisdiction». With regard to substantive and subjective jurisdiction, it is emphasized that these aspects should be taken into account together. Territorial jurisdiction is defined in the Civil Procedure Code of Ukraine as jurisdiction. The instance jurisdiction determines the scope of powers of the court of each link of the judicial system of Ukraine, and the territorial (jurisdiction) determines the limits of powers between courts within one judicial link to hear cases in the first instance. In general, the rules of territorial jurisdiction are less strict than the rules of substantive jurisdiction, as the level of the court is considered appropriate, but violations of the rules of territorial jurisdiction may create additional inconveniences, which, however, usually do not objectively affect the content of the decision. The difficulty of establishing the jurisdiction of the court at this stage of updating the judicial system of Ukraine is due to significant changes in procedural law. The process of harmonization of procedural legislation has contributed to the consolidation of a single conceptual apparatus, which has so far been used mostly at the theoretical level. Thus, at the legislative level, the jurisdiction of the courts of Ukraine is determined exclusively by the jurisdiction, which in the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine is divided into substantive and subjective, instance, territorial. However, the analyzed provisions of the Civil Procedure Code of Ukraine demonstrate the need to further improve the rules of civil jurisdiction.

scholarly journals Concerning Genetic, Coordination and Subordinate Relations of Procedural Responsibility

2019 ◽  
pp. 86-98
Author(s):  
Dmitriy Anatol'evich Lipinsky ◽  
Aleksandra Anatol'evna Musatkina ◽  
Elena Valerievna Chuklova
Keyword(s):  
Social Relations ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Administrative Procedure ◽  
Functional Relations ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Dialectical Analysis

The object of the research is procedural responsibility relations and the subject of the research is sub-institutions and different kinds of functional relations inside and outside them. The researchers analyse sub-institutios of criminal procedure, administrative procedure and civil procedure responsibility and describes different kinds of their relations. They focus on the development of the institutions of procedural responsibility and their isolation from material branches of law. The authors describe different kinds of interaction between structural elements of procedural responsibility and disclose genetic, coordination and subordinate relations. The methodology of the research is based on historical law, formal law and dialectical analysis methods. The authors have also applied such methods as deduction and induction, analysis and synthesis. The novelty of the research is caused by the fact that the authors explain the grounds for creation of the institution of procedural responsibility and describe particular manifestations of subordinate and coordination relations. They prove the existence of close and distant genetic relations as well as direct and derivative relations that may be of both internal and external nature. The authors discover that genetic relations that demonstrate the proximity and origin of the institution of procedural responsibility are conditioned by specialization of law branches as well as sub-institutions of procedural responsibility. They prove that coordination links ensure horizontal coordination and may affect, firstly, the order of bringing to different kinds of legal responsibility and secondly, application of other kinds of legal responsibility besides procedural responsibility; thirdly, the use of terms, definitions, measures typical for different kinds of legal responsibility, and fourthly, regulation of homogenous social relations.     

Tajemnica duszpasterska. Analiza na przykładzie rozwiązań odnoszących się do Kościoła Ewangelicko-Reformowanego w RP

2020 ◽  
Vol 29 ◽  
pp. 350-366
Author(s):  
Bernard Łukańko ◽  
Keyword(s):  
Common Law ◽  
Criminal Procedure ◽  
Case Law ◽  
Civil Procedure ◽  
Administrative Procedure ◽  
Reformed Church ◽  
The Republic ◽  
Seal Of Confession

The study presents and analyses solutions in common law relating to the protection of pastoral secrecy, and more precisely the secrecy of pastoral conversation in the Evangelical Reformed Church in the Republic of Poland, which stems from the Swiss branch of Reformation and which has a tradition of 450 years in Poland. The analysis covers the institution of pastoral secrecy as compared to the institution of the seal of confession which is clearly protected under the provision of the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Procedure, the Tax Ordinance Act and the Supreme Audit Office Act. Furthermore, the study features a presentation of internal regulations of the Evangelical Reformed Church concerning pastoral secrecy and an analysis of the case law of Polish and German courts applicable to the protection of that type of secrecy.

scholarly journals Review of Trademark and Its Enforcement Procedures of Pakistan under TRIPS and Paris Convention

2018 ◽  
Vol 1 (2) ◽  
pp. 122
Author(s):  
Sohaib Mukhtar ◽  
Zinatul Ashiqin Zainol ◽  
Sufian Jusoh
Keyword(s):  
Intellectual Property ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
International Convention ◽  
Trademark Law ◽  
Registered Trademark ◽  
Trade Marks ◽  
Administrative Procedure ◽  
Statutory Body ◽  
Paris Convention

<p><em>Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.</em><em></em></p>

scholarly journals PSICHOLOGINĖ EKSPERTIZĖ: TEISINIAI IR PSICHOLOGINIAI TAIKYMO ASPEKTAI

Psichologija ◽  
2003 ◽  
Vol 27 ◽  
pp. 64-87
Author(s):  
Viktoras Justickis ◽  
Gintautas Valickas
Keyword(s):  
Professional Ethics ◽  
Ethical Dilemmas ◽  
Criminal Procedure ◽  
Emotional Arousal ◽  
Civil Procedure ◽  
Administrative Procedure ◽  
The Third ◽  
Legal Position ◽  
Emotional Conflicts ◽  
Psychological Expertise

Pirmojoje straipsnio dalyje analizuojami psichologo eksperto teisinio statuso ypatumai baudžiamajame, civiliniame ir administraciniame procese, nagrinėjama psichologinės ekspertizės paskirtis, uždaviniai ir funkcijos, psichologų ekspertų teisės ir pareigos. Antroji dalis skiriama kai kurioms psichologinės ekspertizės atmainoms - asmens riboto pakaltinamumo įvertinimui, kaltinamojo būsenos nusikaltimo situacijoje ir staigaus didelio susijaudinimo įvertinimui, asmens sugebėjimo dalyvauti baudžiamajame procese įvertinimui, proceso šalių sugebėjimo duoti parodymus įvertinimui, įtariamojo ir kaltinamojo sugebėjimo suprasti ir pasinaudoti savo teise atsisakyti parodymų davimo įvertinimui, asmens veiksnumo įvertinimui (civiliniame procese) - pristatyti. Trečiojoje dalyje analizuojami profesinės etikos reikalavimai ir pagrindinės etinės dilemos, su kuriomis gali susidurti psichologas, dalyvaujantis teismo procesuose (informacijos konfidencialumo išsaugojimas, atliekamų vaidmenų ir emociniai konfliktai, psichologo objektyvumas ir nešališkumas). FORENSIC PSYCHOLOGICAL EXPERTISE: ASPECTS OF LEGAL AND PSYCHOLOGICAL ADJUSTMENTViktoras Justickis, Gintautas Valickas SummaryThe first part of the article deals with legal position of psychologist-expert in criminal, civil and administrative procedure. The aim, tasks and functions of the forensic psychological expertise and psychologist- expert's duties and rights are analyzed. The second part is devoted to special branches of psychological expertise: a) assessment of people with reduced liability; b) assessment of offender's states in a crime situation as well as sudden great emotional arousal; c) assessment of a person's ability to take part in criminal procedure; d) assessment of parts ability to give testimonies; e) assessment of a suspect's and accused person's ability to understand and use his right to refuse giving testimonies; f) assessment of a person's capability in civil procedure. In the third part of the article are analyzed requirements of professional ethics as well as the main ethical dilemmas, which can meet forensic psychologist (confidentiality, roles and emotional conflicts, impartiality).

scholarly journals Intersectoral principles of procedural branches of Armenian law

2020 ◽  
pp. 17-22
Author(s):  
Vera Ilyuhina
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Administrative Procedure ◽  
Procedure Code ◽  
The Republic ◽  
Legal Understanding

Based on the analysis of the Constitution of the Republic of Armenia, the Code of criminal procedure of the Republic of Armenia, the Civil procedure code of the Republic of Armenia and the Code of administrative procedure of the Republic of Armenia, based on a positivist legal understanding, the author identifies intersectoral principles of the procedural branches of Armenian law. Attention is drawn to the fact that intersectoral principles of law are enshrined not only in industry codes, but also in the Constitution of the Republic of Armenia.

scholarly journals PERBEDAAN HUKUM PEMBUKTIAN DALAM PERSPEKTIF HUKUM ACARA PIDANA DAN PERDATA

to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 565
Author(s):  
Hendri Jayadi Pandiangan
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Proof System ◽  
Important Thing ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
The Law ◽  
Legal Proof

Abstract Proof is the act of proving that in general it has the same purpose, namely to provide certainty about the truth of an event. The act of proving in a trial is indeed used the notion of juridical proof, that is, proof in the court is not possible for logical and absolute proof, therefore in examining the evidence in the trial it is known as things that are close to the truth. But actually if it is analyzed more deeply in certain matters it can also happen that the evidence in the trial is logical and absolute. Proof in the practical order is a very important thing to test the truth or legal facts that actually occur. The Defendant’s fate in the trial at the Court was very much determined by the evidence that could be used as the basis for the judge in making a verdict against him. In such civil procedure, the fate of the parties, both the Plaintiff and the Defendant, is very much determined by the presentation of the evidence by the parties. The evidentiary difference in criminal procedure law and civil procedural law is that in the criminal proof the proof of system is “negatief wettelijk stelsel”, the system of verification according to the law negatively is a theory of a combination of a positive legal proof system with conviction-in time. Whereas the characteristic of civil proof is “audi et alterem partem”, the party who postulates that it must prove the argument.   Keywords: hukum pembuktian, hukum acara pidana, hukum acara perdata

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

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