scholarly journals Tłumacz ustny w postępowaniu karnym

2021 ◽  
Vol 27 (4(54)) ◽  
pp. 99-115
Author(s):  
Katarzyna Liber-Kwiecińska

Interpreter in Criminal Proceeding This article presents the role of an interpreter in criminal proceedings, Polish and international regulations governing the obligation to appoint an interpreter for criminal procedural activities, the problems of interpreters’ cooperation with justice authorities, and the results of a survey on the experiences of sworn interpreters who provide interpreting services to the Police, the prosecutor’s office, and the courts in criminal proceedings in the following aspects: ensuring safety in the course of the activities, expectations of foreigners and authorities’ representatives towards the interpreter, preparing the interpreter’s work station and ensuring appropriate working conditions, as well as agreeing upon an appropriate remuneration for interpreters. A total of fifty-five sworn interpreters who regularly provide interpreting services to justice authorities took part in the survey. Their task was to complete a questionnaire consisting of fourteen questions, half of which were closed single-choice questions and the rest were open-ended questions.

2016 ◽  
Vol 8 (1) ◽  
pp. 111-122 ◽  
Author(s):  
Ihor Rohatiuk

Principles have always been the cornerstones of criminal proceedings’ legal regulation affecting all participants of criminal process. Taking into account the accelerated pace of current law enforcement reforming it is necessary to mention the prosecution institute and key role of criminal proceedings’ principles presenting scientific background for further empirical findings. The majority of these principles defines the priority growth directions of criminal process as well as creates friendly environment for behavioral aspects of criminal proceeding parties. This article provides comparative analysis of the existing criminal procedural principles of the prosecutor’s role in the criminal proceedings with specification of the legality principle as a requirement for all subjects of the criminal proceedings, including the prosecutor, to use the norms and provisions of legal acts correctly, to comply it consistently and perform accurately, explores the historical origins of these principles and their determinants’ origin starting from the times of Kievan Rus and its unique judicial system and proves that the adversarial principle is closely connected with dispositivity of prosecutor’s participation in criminal proceeding. An emphasis is placed on correlation between the ‘principles’ and ‘foundations’ terms examined by Ukrainian and Soviet scholars and its application in relation to the newly adopted Criminal Procedure Code of Ukraine.


Author(s):  
Dildora Bazarova ◽  
◽  
Kanat Utarov ◽  

The article provides a comparative analysis of the development of ensuring the rights of individuals in two post-Soviet republics; it also gives distinctive features and trends in the development of guarantees of rights in criminal proceedings. The issues of participation of prosecutors and lawyers in the criminal process, the role of public control over the criminal process are considered by the author.


2018 ◽  
Vol 65 (1) ◽  
pp. 271-294
Author(s):  
Małgorzata Materniak-Pawłowska

The institution of an investigating judge emerged in all three parts of then partitioned Poland at almost the same time, i.e. in the 70s of the 19th century, as the Austrians introduced it in 1873, the Russians in 1876, and the Germans in 1877. The very idea of an investigating judge and its model, however, derives from the legal system of Napoleonic France. During the period between two World Wars, the institution of an investigating judge functioned fi rst, as part of the legislation inherited from the occupant’s legal system, and then as part of the Polish legal system resulting, mainly, from the implementation of the ordinance on the regime of common courts of law of 1928 and the code of criminal procedure of the same year. The function of an investing judge was for and foremost connected with the preliminary stage of criminal proceedings, and the investigation process in particular. However, the main overall task of that stage was protection of an individual’s rights in a criminal proceeding. In the twenty years’ history of the interwar Poland, the role of an investigating judge in a criminal proceeding had been gradually limited, while the prosecutor’s role had increasingly strengthened. Although the prosecutor’s supervision sensu stricto was formally non-existent, a prosecutor could, inmany cases, restrict a judge’s independence by issuing binding conclusions. Such practice was further facilitated by the fact that the Ministry of Justice’s policy was to recruit for the position of an investigating judge from among the least experienced, usually junior judges. Thus the institution of an investigating judge was subsequently subjected to strong criticism by many lawyers, both theorists as well as practitioners of a criminal trial. Its supporters criticised the infl uence that procurators could exercise on the judges and demanded their independence of the former, whereas its critics questioned the very sense or idea of an investigating judge, emphasising that it only constituted an interim form between a prosecuting organ and an independent court and, as such, performed neither of those two had functions suffi ciently satisfactory.


Author(s):  
I. V. Bukhtiyarov

The article presents the results of the analysis of health, working conditions and prevalence of adverse production factors, the structure of the detected occupational pathology in the working population of the Russian Federation. The article presents Statistical data on the dynamics of the share of workplaces of industrial enterprises that do not meet hygienic standards, occupational morbidity in 2015-2018 for the main groups of adverse factors of the production environment and the labor process. The indicators of occupational morbidity over the past 6 years in the context of the main types of economic activity, individual subjects of the Russian Federation, classes of working conditions, levels of specialized occupational health care. The role of the research Institute of occupational pathology and occupational pathology centers in solving organizational, methodological and practical tasks for the detection, treatment, rehabilitation and prevention of occupational diseases is shown. The basic directions of activity in the field of preservation and strengthening of health of workers, and also safety at a workplace are defined.


2021 ◽  
Author(s):  
Ufuk Tekin

Abstract While geographical indications show geographical origin, trade marks show commercial origin. Therefore, it is possible to say that both geographical indications and trade marks have distinctive character. Indeed, when an application is filed to register a geographical indication as a trade mark, an important question is whether the sign is distinctive enough. In such cases, the distinctive character of these commercial and geographical ‘signs’ can overlap and intersect with each other. In this article, the intersection and relationship between geographical indications and trade marks will be evaluated by considering two different scenarios. In the first one, the trade mark application precedes the registration of the geographical indication, while in the second the application for the geographical indication is filed before the conflicting trade mark. The analysis is carried out by taking into account various provisions of theTurkish Industrial Property Code (IPC), the judicial practice of the Turkish Court of Cassation and international regulations. In this context, the relationship between several absolute grounds for refusal in such a situation and which of these provisions is the most applicable will be examined. In particular, an attempt will be made to explain the role of the absolute ground for refusal regulated in the new Turkish Industrial Property Code for the first time, namely that signs containing or consisting of a geographical indication cannot be registered as a trade mark (Art. 5.1(i)).


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