Legal policy and its effectiveness in the field of certain types of judicial proceedings

2021 ◽  
Author(s):  
Aleksandr Sokolov ◽  
Sergey Afanas'ev ◽  
Ol'ga Evstigneeva ◽  
Oleg Lakaev ◽  
Nina Manova ◽  
...  
Keyword(s):  
Scientific Publication ◽  
Law Students ◽  
Constitutional Amendments ◽  
Legal Policy ◽  
Legal Nature ◽  
Judicial Proceedings ◽  
Administrative Proceedings ◽  
Modern Russian

This scientific publication examines the problems associated with modern Russian legal policy and its effectiveness. In particular, the issues of both general theoretical legal nature and sectoral significance are analyzed, namely, the implementation of legal policy in the field of constitutional, criminal, civil, arbitration, administrative proceedings, as well as proceedings in cases of administrative offenses, including in the aspect of recent constitutional amendments. For researchers, teachers, postgraduates, law students, practitioners, as well as for anyone interested in modern problems of legal policy and its sectoral manifestations.

scholarly journals Terms of Forced Return and Expulsion of Foreigners and Stateless Persons by Bodies of the Border Guard Service in a Pandemic

2020 ◽  
pp. 66-77
Author(s):  
Nadia DEMCHYK ◽  
Ruslan HRYNKO
Keyword(s):  
The State ◽  
Immigration Detention ◽  
Temporal Regulation ◽  
Occupied Territory ◽  
Legal Nature ◽  
Administrative Punishment ◽  
Coronavirus Infection ◽  
Russian Law ◽  
Forced Return ◽  
Administrative Proceedings

The article examines the doctrinal approaches to determining the legal nature of the terms of forced return and expulsion of foreigners and stateless persons by bodies of the border guard service. The analysis of domestic and foreign scientific views on time measurement in administrative proceedings has been carried out. The rules of the American and European system of termination of illegal stay of third-country nationals in connection with immigration detention, which is distinguished by its purpose and duration. The place of administrative deportation in the system of migration measures under Russian law is explained by the fact that it is an administrative punishment of foreign citizens and stateless persons who are subject to detention and are kept in specially designated premises. The peculiarities of temporal regulation and its significance in the application of coercive measures aimed at the return of a migrant in the context of the global spread of coronavirus infection are clarified. The allocation of material and procedural terms within the framework of which the state border guards exercise the powers of forced return and expulsion from the territory of Ukraine is reasoned. The focus on achieving the migration result reflects the material content of the terms allotted for departure and / or ensuring the departure of an illegal migrant from the country. The material expulsion terms are also associated with detention, which is applied according to the rules of administrative proceedings and is characterized by a significant duration, especially in a pandemic. The appointment of procedural terms is justified on the basis of the current norms of administrative-procedural legislation and is associated with the performance of the procedural actions necessary to be applied to the court and the phasing of administrative-jurisdictional proceedings. During the quarantine it is allowed to review the procedural terms in contrast to the material ones. Among the prospects of elaboration of the chosen topic, a comprehensive study of the normative regulation of time characteristics of immigration detention in accordance with the new administrative legislation and the return of foreigners (stateless persons) detected during their crossing the state border and entering the temporarily occupied territory of Ukraine is proposed.

ARTICLE 6(1) OF THE EUROPEAN CONVENTION AND THE CURATIVE POWERS OF JUDICIAL REVIEW

2001 ◽  
Vol 60 (3) ◽  
pp. 441-492
Author(s):  
Christopher Forsyth
Keyword(s):  
Civil Rights ◽  
Judicial Review ◽  
Public Law ◽  
European Convention ◽  
Public Hearing ◽  
Reasonable Time ◽  
Fundamental Freedoms ◽  
Judicial Proceedings ◽  
Administrative Proceedings

The European Convention on Human Rights and Fundamental Freedoms makes no mention of any right to procedural justice in the making of administrative decisions. Any protection for such rights must be found in Article 6(1) which provides that in the determination of their “civil rights and obligations … everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”. But Article 6(1) was originally intended to apply to the determination of private law rights only and not to public law matters (see Le Compte, Van Leuven and De Meyere v. Belgium (1981) 4 E.H.R.R. 1, 36 (Sir Vincent Evans, dissenting); Konig v. Germany (1978) 2 E.H.R.R. 170 (Matscher J., dissenting)). The article plainly envisages judicial proceedings, and there are obvious difficulties in applying it straightforwardly to administrative proceedings.

scholarly journals THE BASIC LAW OF THE STATE: LEGAL AND POLITICAL CONTENT

2019 ◽  
Vol 5 (3) ◽  
pp. 59
Author(s):  
Dmytro Bielov ◽  
Myroslava Hromovchuk
Keyword(s):  
Scientific Publication ◽  
The State ◽  
Political Struggle ◽  
Basic Law ◽  
Legal Nature ◽  
Political Expediency ◽  
History Of ◽  
Legal Document ◽  
Clear Statement ◽  
Terminological Confusion

The scientific publication is devoted to highlighting the peculiarities of the legal nature of the constitution. The authors consider the structure and content of the constitution of the state in the context of its functions. The specificity of the content of the newest constitutions in the history of world constitutionalism is considered. The correlation between the constitution and the state policy is established. Modern approaches to understanding the nature of the constitution are considered. The legal nature of the Constitution of Ukraine is determined. Proven, the main and still unresolved issue is the ambiguity of what is proposed to adopt: a new Constitution, a new version of the current Constitution, amendments and additions to the current Constitution. Although paradoxical, in Presidential speeches, these terms are used repeatedly as synonyms. However, legally they are completely different concepts. This terminological confusion carries a great danger of loss of landmarks and prevents a clear statement of the problem in a purely legal area. We believe that the constitutional process is too politicized today. In our opinion, the acutest political struggle is underway for adopting a form of constitution that is convenient for one of the parties. But in fact – for power – everyone wants a maximum of power. Including through their Constitution enforced in some way. However, the Basic Law should be adopted not from the conjuncture considerations of political expediency but be a complete legal document, taking into account the achievements of the world jurisprudence, with the strict observance of all the prescribed legal procedures. After all, the constitution should be the main document of the state, at least for a decade.

scholarly journals The Evolution of Lawyers' Professional Identity: The Contribution of the ADR in Legal Education

2013 ◽  
Vol 18 (2) ◽  
pp. 315
Author(s):  
Kathy Douglas
Keyword(s):  
Problem Solving ◽  
Professional Identity ◽  
Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Legal Practice ◽  
Legal Problem ◽  
Legal Policy ◽  
Holistic Approaches

Alternative or Appropriate Dispute Resolution (‘ADR’) is a crucial area for lawyers to understand in order to engage in present day legal practice. ADR is now common in courts and the community and is supported by legal policy at both federal and state levels. Learning about ADR can contribute to the moulding of law students’ professional identity so that they are better able to engage in commonly used processes such as negotiation and mediation. This article discusses research into the teaching of ADR in legal education. It draws on a project where the teaching of ADR was researched in depth to examine the content and pedagogy of this area of the legal curriculum. The article argues that ADR is an important part of legal education as it can assist law students to develop non-adversarial, holistic approaches to legal problem-solving.

scholarly journals Main Fundamentals of Economic Judiciary of Ukraine

2020 ◽  
Vol 9 (1) ◽  
pp. 34
Author(s):  
Vadym Koverznev
Keyword(s):  
Rule Of Law ◽  
Final Stage ◽  
Court Decisions ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Principle Of Justice ◽  
Judicial Proceedings ◽  
Judicial Protection

The article deals with the principles of judicial proceedings by economic courts of Ukraine and their legal nature is disclosed. The relation between the concepts of "jurisdiction" and "justice" is determined; the author formulates the principle of the rule of law and outlines its main elements; the legal nature of the principle of justice and its variants is disclosed; criteria for determining the reasonableness of the terms of the court's consideration of the case are proposed; it is substantiated that the enforcement of the judgment is the final stage of the administration of justice and one of the main criteria for determining the effectiveness of judicial protection of individual rights. The author has proved that the current economic procedural legislation of Ukraine is based on the international legal principles of activity of judicial bodies and ways of its improvement are suggested. Keywords: fundamentals of economic judiciary, jurisdiction, justice, the rule of law, ratability, binding nature of court decisions

scholarly journals FEATURES OF STUDYING THEME «CORRUPTION AS A SOCIAL PHENOMENON» IN THE FRAMEWORK OF THE TRAINING COURSE «JURISPRUDENCE» IN CHEMICAL UNIVERSITY

2021 ◽  
Vol 3 (4) ◽  
pp. 164-172
Author(s):  
Nadezhda V. Plaksina ◽  
Tatiana N. Akulova ◽  
Elena V. Smirnova
Keyword(s):  
Legal Aspects ◽  
Educational Environment ◽  
Point Of View ◽  
Special Role ◽  
Dynamic Component ◽  
Priority Ranking ◽  
Legal Nature ◽  
Judicial Proceedings ◽  
The Subject ◽  
Student Audience

The article discusses the peculiarities of studying corruption by students of a technical university from the standpoint of the relevance of its research component. The acquisition of knowledge of a legal nature is substantiated from the point of view of importance not only from the standpoint of the humanitarian discipline «jurisprudence», but also the significant situation of knowledge of legal aspects in any sphere of life. The authors assign a special role in the materials of the article to the dynamic component in the study of the student audience with a view to increasing interest in the humanitarian disciplines, where «jurisprudence» comes to the fore among the disciplines of the humanitarian block. Problematic issues of a social plan, in particular, the negative manifestation of the phenomenal and modern criteria elements of corruption schemes in the current modernity. According to the results of the study, the peculiarities of the procedures of judicial proceedings in relation to criminal acts in general, in particular, in the field of education, arouse keen interest among students. The article presents the effective positions of the research on the subject of active discussion and analysis of situations of corruption in the educational environment. The materials of the study of the disciplines of the humanitarian cycle in higher education are given according to the priority ranking among students.

scholarly journals Formation of the trial jury in the period of the pandemic: Russian and foreign experience

2021 ◽  
Vol 108 ◽  
pp. 04006
Author(s):  
Lydia Alekseevna Voskobitova ◽  
Tatiana Yurievna Vilkova ◽  
Sergei Aleksandrovich Nasonov ◽  
Maksim Aleksandrovich Khokhryakov ◽  
Rifat Rahmadjon Rahmadjonzoda ◽  
...  
Keyword(s):  
Theoretical Treatment ◽  
Significant Modification ◽  
Normative Approach ◽  
Foreign Countries ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Court Proceedings

The prerequisites for the research were formed by a complex collision between the legal nature of proceedings in the jury court and the standard sanitary and epidemiological restrictions. This collision was revealed in the course of the theoretical treatment of administration of justice in the pandemic period. The primary stage of judicial proceedings involving the participation of the jury was highlighted by the authors as a subject of the research – formation of the trial jury, where the said collision appears to be especially acute. The purpose of the study was to search for possible solutions to this collision; the objective – verification of the hypothesis stating that the pandemic situation has engendered a significant modification of the procedural form of trial jury selection. To resolve this problem, the normative approach, along with the method of legal comparative studies, was used: the criminal procedure legislation and the practice of its enforcement in the Russian Federation and a number of foreign countries was analysed. General logical methods were used: analysis and synthesis, induction and deduction, abstraction and progression from the abstract to the concrete, etc. The result of the research is the identification of special approaches in the Russian and foreign models of court proceedings involving the participation of the jury, reflecting the intention to adjust the procedure of trial jury formation to the pandemic period requirements: telecommuted formation of the trial jury in full or in part; replacing verbal questioning of candidates to the jury with a written questionnaire; extending the questioning of jury candidates through the inclusion of specific issues concerning the epidemiological situation. The hypothesis proposed in the publication was confirmed, in particular, relative to the Russian court proceedings with the participation of the jury.

scholarly journals Brain versus Reality: How Should Law Students Think?

2021 ◽  
Vol 3 (1) ◽  
pp. 91-110
Author(s):  
Anis Widyawati ◽  
Ridwan Arifin ◽  
Rasdi Rasdi
Keyword(s):  
Case Studies ◽  
Critical Analysis ◽  
Scientific Publication ◽  
Law Students ◽  
State University ◽  
Discussion Forums ◽  
Scientific Publications ◽  
Analytical Skills ◽  
Student Community ◽  
Analytical Thinking

Law students are expected to have special abilities in the field of legal science, either in oral or oral. But in fact, the analytical skills of law students are not comparable to other abilities. Based on preliminary research conducted by the Proposer Team, it shows that out of 200 law students surveyed (Students of the Faculty of Law, Semarang State University), only 10 have written and conducted scientific publications in both national and international journals. Meanwhile, of the 200 people stated that students' critical abilities and analytical thinking are important, 184 people said that discussion forums are mandatory for law students, but in fact, of these 184 people, only 2 people followed up on the results of the discussion. . In other words, discussions conducted by students were not followed up in various forms of scientific studies and publications that could be read by many people. This program provides facilities for law students in in-depth critical analysis studies and criminal case studies related to human rights. In this program, students are expected to be able to have good analytical skills both in oral and verbal forms. Partners in this program are the law student community at Semarang State University. This program is expected to be able to solve partners' problems in the lack of critical analytical skills and case studies of criminal law as well as scientific publication of legal research results. The output of this program is expected to create a sustainable and sustainable activity related to critical analysis and legal case studies.

scholarly journals التحكيم كحل بديل للمنازعات التجارية

2020 ◽  
Vol 1 (2) ◽  
pp. 59-68
Author(s):  
حاتم سعيد
Keyword(s):  
Effective Means ◽  
Economic Relations ◽  
Legal Nature ◽  
New Business ◽  
Judicial Proceedings ◽  
The Will ◽  
Alternative Solutions ◽  
Commercial Disputes

Arbitration is one of the alternative solutions for resolving commercial disputes. It is an exceptional way based on the will of the parties and the parties resort to it to resolve the dispute without the competent court. Arbitration is an old tool, but its importance has increased recently due to the development of trade and economic relations and the emergence of new business contracts, with increasing disputes in this area between contracting parties. The arbitrators are brought to arbitration for the characteristics of being a quick and effective means of settling commercial disputes, The arbitrators of one case, are aware of their technical assets. Thus, the length of judicial proceedings can be avoided. The dispute is settled by a final, neutral, secret and decisive ruling, which is an important consideration in commercial transactions. Opinions differed as to the legal nature of arbitration between nature (decadent, judicial, composite, independent).

scholarly journals TO THE ISSUE OF SOME POWERS OF A PROSECUTOR IN CRIMINAL PROCEDURE AND ADMINISTRATIVE PROCEEDINGS

2020 ◽  
Vol 16 (1) ◽  
pp. 66-74
Author(s):  
Елена Папышева
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Status ◽  
Administrative Proceedings ◽  
The Relationship

This article discusses some powers of a prosecutor, his legal status in criminal procedure and administrative proceedings, the relationship between the functions of criminal prosecution and prosecutorial supervision. The author notes that at the stage of initiating a criminal case, prosecutor’s powers for criminal prosecution are exercised through supervisory activities, during which, on the facts of perpetration, he is entitled to make a reasoned decision to send the relevant materials to preliminary investigation bodies. The article analyzes prosecutor’s powers in initiating an administrative case, the legal nature of the prosecutor’s decision, which, according to the author, is not and cannot be evidence in the case (source of evidence), in contrast to the position of the courts and the prevailing judicial practice. Both processes (criminal and administrative proceedings) are based on identical principles and have similar institutions. Including for this reason, the problems of determining the status and powers of the prosecutor in exercising supervision have common roots.

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