scholarly journals Psychological features and problems of support of civil cases connected with protection of the rights and interests of children

2020 ◽  
Vol 5 (3) ◽  
pp. 167-177
Author(s):  
Anasyasia Semakova ◽  
Elena Arbusova ◽  
Ekaterina Il'yankova
Keyword(s):  
Comprehensive Assessment ◽  
Psychological Study ◽  
Significant Correction ◽  
Psychological Examination ◽  
Analytical Review ◽  
Rights And Interests ◽  
Civil Cases ◽  
The Right ◽  
Psychological Features

the article presents data from an analytical review of civil cases related to the protection of the rights and interests of minors in disputes over the right to raise children. The main purpose of the study is to justify the need for a significant correction of the procedure for participation in them by a specialist psychologist. The article shows that a large number of conclusions of psychologists have procedural, methodological and ethical errors. The expert's conclusion, which is accepted in the case as evidence, is not evaluated for completeness, validity and correctness of conclusions. However, the presence of a conclusion of a specialist psychologist in some cases is seen by the judge as a reason for refusing to appoint a forensic psychological examination, in cases where it is clearly necessary. At the same time, in order to ensure a comprehensive assessment of the psychological components of legally significant circumstances that need to be established and proven in disputes over the right to raise children, it is important to apply a more formally defined forensic psychological study. In our opinion, if the parties submit to the court a specialist's opinion based on the conclusions of a pre-trial psychological study, it is necessary to subject it to mandatory review by specialists of state and non-state expert institutions.

The value, concept and essence of appeal proceedings in civil cases

2020 ◽  
pp. 523-529
Author(s):  
Liliya Usich
Keyword(s):  
Human Rights ◽  
Knowledge Based ◽  
Civil Proceedings ◽  
High Prevalence ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Civil Cases ◽  
Judicial Errors ◽  
The Right ◽  
Judicial Protection

This work is devoted to identifying the significance of the appeal proceedings in civil cases. We emphasize that the right to judicial protection is one of the fundamental human rights. To achieve this goal, we set the following tasks: define the concept of appeal proceedings; characterize the essence of the appeal proceedings in civil cases. In the course of studying the issue, we use the methods of scientific knowledge, based on the results of which the appropriate conclusions are drawn: despite the wide recognition of the appeal proceedings in the Russian Federation, we note the need to improve the efficiency of this institution due to certain omissions in the legislation. As a result, we define what should be understood as an appeal – consideration of cases that have not entered into legal force. By virtue of this, the importance and significance of the appeal proceedings as an appeal tool, as well as the direct correction of judicial errors, is noted both by the norms of domestic legislation and by international human rights bodies. The indicated gaps in the legislation show the absence of clearly defined boundaries, which creates problems in determining the value and essence of the appeal proceedings both at the theoretical and practical levels. In particular, there is a controversy on the appeal proceedings’ importance. However, the doctrine identifies two main elements, the essence of the appeal proceedings is: 1) the repetition of the case; 2) verification of the judicial act. Nevertheless, despite the high prevalence of appeals in civil proceedings, the issue of improving the effectiveness of this institution is still relevant, which leads to the inefficiency of civil proceedings in general.

scholarly journals Analytical Review of Major Nocturnal Pests’ Detection Technique using Computer Vision

2018 ◽  
Vol 11 (3) ◽  
pp. 179-182
Author(s):  
Deven J. Patel ◽  
Nirav Bhatt
Keyword(s):  
Computer Vision ◽  
Early Detection ◽  
Review Article ◽  
Pink Bollworm ◽  
Detection Technique ◽  
Future Research ◽  
White Grub ◽  
Analytical Review ◽  
Pest Detection ◽  
The Right

Research in agriculture is increasing quality and quantity, but pest reduces it. To prevent the effect of these pests, insecticides are used. But excessive use of pesticides is very harmful to production and environment. So initially pest detection is necessary. We work on nocturnal pests because that can be easily attracting using night trapping tools. The purpose of this review article is to analyse the popular techniques and find the right technique for the initial diagnosis and early detection of major nocturnal flying pests like Pink Bollworm, White Grub, Helicoverpa and Spodoptera. The importance of early detection can be in identifying and classifying the pests in a digital view. We have concluded our results with the various methods and the prospects of future research.

TAJEMNICA DZIENNIKARSKA I ZASADY ZWALNIANIA Z NIEJ

2021 ◽  
pp. 198-213
Author(s):  
Lech Jaworski
Keyword(s):  
Criminal Procedure ◽  
Third Parties ◽  
Good Faith ◽  
Editorial Office ◽  
Personal Rights ◽  
The Press ◽  
Legitimate Interests ◽  
Publishing Houses ◽  
Rights And Interests ◽  
The Right

Journalistic secrecy is professional. In the light of Article 15 of the Press Law (Pr.L.) the journalist is obliged to keep secret the identity of his informants and the authors of the press material, the mail to the editorial office or other material of this nature, if they deserve the right to remain anonymmous. This obligation also applies to other persons employed in editorial offices, press publishing houses and other press organizational units. In addition, it covers any information, the disclosure of which could violate the legitimate interests of third parties. This corresponds to the content of Article 12 § 1 (2) Pr.L., according to which a journalist is obliged to protect the personal rights and interests of informants acting in good faith and other people who trust him or her. Breaking journalistic secrecy is a crime prosecuted ex officio. However, in certain situations journalistic secrecy is excluded (Article 16 Pr.L. and Article 180 of the Code of Criminal Procedure).

scholarly journals Criminal protection of children's life and health: international experience

2021 ◽  
Vol 39 (71) ◽  
pp. 350-365
Author(s):  
Viktoria Babanina ◽  
Vita Ivashchenko ◽  
Oleg Grudzur ◽  
Yurikov Oleksandr
Keyword(s):  
Criminal Law ◽  
Fetal Development ◽  
Criminal Liability ◽  
International Experience ◽  
Legal Systems ◽  
European Experience ◽  
The World ◽  
Rights And Interests ◽  
Criminal Protection ◽  
The Right

Through a documentary methodology, the article examines the characteristics of the criminal protection of the life and health of children in Ukraine and some other countries. The problem of determining the time of the beginning of the protection of a child's life and health, is analyzed in the light of the European experience. It is noted that in Ukraine it is necessary to recognize the right to live of the child at any stage of fetal development, to ensure the criminal protection of the child before birth. This approach is enshrined in several international legal acts, as well as confirmed by legal guarantees in the legal systems of many countries around the world. In addition, the article analyzes criminal law measures to guarantee the rights and interests of the child under modern Ukrainian law. The list of socially dangerous acts against minors is a result, so reinforced criminal liability is provided for considering the interests of minors. It has been concluded that in all post-Soviet countries the components of crimes against a person's health, considering the legislator's reaction to causing harm to the health of children during their commission, are clearly divided into three separate groups.

scholarly journals Exercising Precautions and Supervising Inspection, Supervising Judgment of Cases of Violating the Order of Economic Management

2021 ◽  
Vol 11 (4) ◽  
pp. 2564-2582
Keyword(s):  
Criminal Procedure ◽  
Penal Code ◽  
Legal Rights ◽  
Timely Manner ◽  
Economic Management ◽  
Innocent People ◽  
Procedure Code ◽  
Investigation Period ◽  
Rights And Interests ◽  
The Right

Crimes of infringing upon economic management order are specified in Section 1, Section 2, Section 3 Chapter 18 of the 2015 Penal Code, including 48 crimes, divided into 3 groups of crimes. According to the provisions of the 2013 Constitution, the 2014 Law on Organization of the People's Procuracy and the 2015 Criminal Procedure Code, the People's Procuracy exercises the right to prosecute and supervise judicial activities to ensure all legal rights and interests. Criminal acts must be detected, investigated, prosecuted and adjudicated in a timely manner, without causing unjust, wrong, or omission of criminals and at the same time not causing injustice to innocent people. The article presents the crimes of infringing upon the economic management order specified in the 2015 Penal Code, the prosecutor's exercise of the right to prosecution and judicial supervision during the investigation period; prosecuting and adjudicating cases of infringing upon economic management order.

scholarly journals ANALYSIS OF LOVE BY USING TRINGULAR THEORY OF LOVE BY STERNBERG IN BREAKING DAWN NOVEL BY STEPHENIE MEYER. (A PSYCHOLOGICAL STUDY)

2019 ◽  
Vol 7 (1) ◽  
pp. 28
Author(s):  
Fazriyani S Mahmud
Keyword(s):  
Sexual Desire ◽  
Qualitative Method ◽  
Human Being ◽  
The Novel ◽  
Psychological Study ◽  
The World ◽  
The Right ◽  
Stephenie Meyer ◽  
Three Components ◽  
Descriptive Qualitative

Love is something that everyone may have. Even love is the right of every human being in the world so that everyone has the right to love and be loved by others. Generally love is a form of emotion that contains attraction, sexual desire, and attention to someone. This shows that love has several components in it including intimacy, passion, and commitment. This research is focused on analyzing love experiences by using the triangular theory of love by Sternberg on some of the characters in the novel Breaking Dawn by Stephenie Meyer. This research used a descriptive qualitative method and used Sternberg's theory to analyze the experience of love in the breaking dawn novel. The result of this research has three components in love including intimacy, passion, and commitment.Keywords: Love, Triangular of Love, Intimacy, Passion, Commitment

scholarly journals Representation in court in civil cases by lawyer as a representative

2021 ◽  
pp. 24-27
Author(s):  
Oleksandra SYTENKA ◽  
Yulia MAKARCHUK
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
Legal Services ◽  
Legal Assistance ◽  
Human Right ◽  
Civil Proceedings ◽  
Legislative Proposals ◽  
Civil Cases ◽  
The Right ◽  
Professional Representation

Introduction. The authors note that despite significant changes in the institution of representation, there are many problems in practice, so its research and modernization are relevant now. The right to protection is one of the constitutional human rights. The purpose of the paper is to study the institution of representation by a lawyer in civil proceedings and to clarify the problems that may arise in practice. Results. This paper is devoted to the study of the form of legal assistance by a lawyer through representation. The paper considers the legal aspects of the concept of legal assistance, representation, as well as types of legal services. It should be noted that the paper pays considerable attention to the representation in court in civil cases by a lawyer as a representative. The authors have determined that at present only a lawyer can be a representative who provides legal assistance. Analyzing the information, it has been found out that this is related to the amendments made to the legislation, which aimed at modernization and improvement of the institute of representation in Ukraine. The paper considers different opinions on the concentration of the exercise of the functions of legal assistance by lawyers. It is concluded, that the professional representation is necessary for implementation of the human right to adequate legal assistance. It should be noted that the possibilities of further improvement of the institute of representation through legislative proposals were considered. Conclusion. The authors concluded that the institution of representation has undergone positive changes. In practice, there are some contradictions, so this issue needs further improvement.

scholarly journals Implementation of the Right of Appeal of Judicial Decisions in Civil Cases

2019 ◽  
pp. 60-71
Author(s):  
Oksana Trach
Keyword(s):  
Court Decision ◽  
Court Decisions ◽  
Significant Group ◽  
Large Group ◽  
Judicial Decisions ◽  
Procedural Law ◽  
Civil Cases ◽  
And Performance ◽  
The Right ◽  
Court Of First Instance

The mechanisms for reviewing judgments in civil cases should include additional guarantees to ensure the implementation of the right of appeal, conditioned by the specificity of the court decision, which will serve as the subject of verification. There is a need to establish implementation peculiarities of the right of appeal, as well as the procedures for revising court decisions made in lawsuits against a large group of persons, an indefinite number of persons that are not defined by the current civil procedural law. It has been substantiated the necessity to fix on a legislative level the two-step procedure for implementation of the right of appeal of judicial decisions on such claims. The exercise of the right to appeal depends on the knowledge of the decision on the case by the court of the first instance, as well as the direct involvement of the participant in the process. Particular significance has got the commission of these actions in relation to potential participants of the case. It has been established that the implementation of the right of appeal against the decision on these types of claims will facilitate the creation of options called «Claims for a large group of people», «Claims for an uncertain circle of persons» on the official web site of the judiciary. It was determined that informing the participants of the case, their representatives about the opening of appeal proceedings is important for the possibility of exercising the right to review court decisions in the court of appellate instance, and the use in this regard of procedural opportunities provided by law. It was established that excluding the representative from the participants of the case, the legislator did not regulate properly all procedural aspects of his participation in the process, the exercise of his procedural rights, and performance of duties. There is no clear timetable for the court of appellate instance to determine the issue whether the court decision of the court of first instance concerns the rights, freedoms, interests and / or duties of a person if it was not examined in the trial by the court of first instance and who filed a complaint, as well as the procedural form of its examination. It is necessary to consolidate the possibility to close the appeal proceedings in a case and the possibility to close proceedings against a specific appeal. Preparation of a case for an appeal on a complaint to a court decision on a suit against a significant group of persons should be marked according to its specifics. For this type of claim, it is necessary to change its procedural form in order to hold the preparatory meeting and foresee the necessity of preparing a panel of three judges. The preparatory meeting will expand the procedural capabilities of the participants and their representatives.

scholarly journals Rights of Redress on Supply of Goods under Consumer Protection Act 1999: The Issue of Halal Logo

2021 ◽  
Vol 6 (10) ◽  
pp. 437-442
Author(s):  
Nasihah Naimat ◽  
Elistina Abu Bakar
Keyword(s):  
Content Analysis ◽  
Consumer Protection ◽  
Business Practice ◽  
Analysis Method ◽  
Consumer Protection Act ◽  
Content Analysis Method ◽  
The Law ◽  
Rights And Interests ◽  
The Right

Halal logo is designed to protect consumers from fraud and mislabelling. However, over the years, there has been a controversy surrounding the use of a false halal logo to attract Muslim consumers to buy certain goods. The act of unethical business practice to attract consumers to buy their goods have caused some misunderstanding among consumers regarding the halal status of such goods. Therefore, the law is the most important mechanism in protecting the rights and interests of consumers to claim compensation if their rights have been violated. Under the Consumer Protection Act (CPA) 1999, it puts a responsibility on suppliers and manufacturers to ensure that the goods supplied are the same as specified. However, the question arises as to the extent to which consumers have the right of redress under the CPA 1999 in the issue of supplying false halal logo goods. By using the content analysis method, this article aims to analyze the scope and provisions of the CPA 1999 that govern matters relating to the supply of goods. The discussion of this article reveals that Part VI and VII of the CPA 1999 contains several loopholes that must be addressed in order to provide better rights of redress to consumers on the issue of supplying false halal logo goods.

scholarly journals THEORETICAL ASPECTS OF FORENSIS-PSYCHOLOGICAL EXAMINATION OF TYPOLOGICAL FEATURES OF PERSONALITY

2019 ◽  
Vol 20 (2) ◽  
pp. 505-521
Author(s):  
O. Slipets
Keyword(s):  
Psychological Study ◽  
Psychological Examination ◽  
History Of ◽  
The Subject ◽  
Basic Concepts ◽  
The Creation ◽  
Psychological Knowledge ◽  
Definition Of ◽  
Administrative Proceedings

Over more than a hundred years of history of the application of psychological knowledge to resolve issues of law remains a controversial series of theoretical provisions of forensic psychological examination. This is also true for the psychological examination of individual psychological (typological) features of the person. The purpose of the article is to formulate theoretical provisions of forensic psychological examination of typological features of a person, main concepts. Based on the definition of the object and subject of forensic psychological examination, the concept of object and subject of psychological examination of typological features of a person is formulated. On the basis of an analysis of the legal significance of the psychological study of a person of a suspect (accused) in criminal and administrative proceedings, the legal significance and tasks of forensic psychological examination of typological peculiarities are formulated. Proceeding from the subject of psychology, the legal significance of psychological facts for establishing legal criteria, the standardized requirements for qualification and the behavior of an expert, it is proposed to clarify the limits of competence of an expert psychologist. A means of applying the notion-limiter to general psychological categories, the definition of the basic concepts of forensic psychological examination typological features of the person. The theoretical provisions of the forensic psychological examination of psychological peculiarities of a person are formulated: object, subject, legal significance, tasks, limits of competence, thesaurus, is an element of the system of theoretical and methodical foundations of forensic psychological examination and the basis for the creation of a method of forensic psychological examination of typological features of a person .

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