scholarly journals Admissibility of the Use of Electronic Means of Evidence Obtained Unlawfully in a Civil Proceeding

Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 205-213
Author(s):  
Aleksandra Klich

The admissibility of the use of evidence obtained unlawfully, referred to as the fruit of the poisonous tree, still remains an unresolved issue on the basis of Polish procedural law. The author in her paper will focus on such forms of evidence, which are more and more often the subject of evidentiary procedures, noting that this mainly concerns the content of private conversations conducted with the use of messengers and community portals, call recordings, and telephone billings, data obtained from mobile phones, or so-called print screens, which are often obtained in an illegal manner, interfering with the sphere of privacy of the other person.

2019 ◽  
Vol 13 (1) ◽  
pp. 97-130
Author(s):  
Suhri Hanafi ◽  
Ahmad Arief

Summons in the civil procedural law is to submit to the parties formally and properly related to the case in court, in the delivery procedure of a summons once the parties are not found, then the village head or Lurah is given the mandate to deliver it to the litigant. The results of research conducted on the village in Palu do not even have a procedure for accepting and submitting willingly, it is caused by the ignorance of the village regarding the obligation to submit summons, besides the village feels has no interest in the bailiff’s primary task. Analysis of village’s legal responsibility in the summoning function can be categorized as collective responsibility on the subject side, whereas from the other side, object side, it is a type of absolute accountability.


Author(s):  
S.R. Allegra

The respective roles of the ribo somes, endoplasmic reticulum, Golgi apparatus and perhaps nucleus in the synthesis and maturation of melanosomes is still the subject of some controversy. While the early melanosomes (premelanosomes) have been frequently demonstrated to originate as Golgi vesicles, it is undeniable that these structures can be formed in cells in which Golgi system is not found. This report was prompted by the findings in an essentially amelanotic human cellular blue nevus (melanocytoma) of two distinct lines of melanocytes one of which was devoid of any trace of Golgi apparatus while the other had normal complement of this organelle.


2010 ◽  
Vol 4 (2) ◽  
pp. 135-156 ◽  
Author(s):  
Dorothea E. Schulz

Starting with the controversial esoteric employment of audio recordings by followers of the charismatic Muslim preacher Sharif Haidara in Mali, the article explores the dynamics emerging at the interface of different technologies and techniques employed by those engaging the realm of the Divine. I focus attention on the “border zone” between, on the one hand, techniques for appropriating scriptures based on long-standing religious conventions, and, on the other, audio recording technologies, whose adoption not yet established authoritative and standardized forms of practice, thereby generating insecurities and becoming the subject of heated debate. I argue that “recyclage” aptly describes the dynamics of this “border zone” because it captures the ways conventional techniques of accessing the Divine are reassessed and reemployed, by integrating new materials and rituals. Historically, appropriations of the Qur’an for esoteric purposes have been widespread in Muslim West Africa. These esoteric appropriations are at the basis of the considerable continuities, overlaps and crossovers, between scripture-related esoteric practices on one side, and the treatment by Sharif Haidara’s followers of audio taped sermons as vessels of his spiritual power, on the other.


2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 


Author(s):  
Mariia Sirotkina ◽  

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".


Author(s):  
Iryna Rusnak

The author of the article analyses the problem of the female emancipation in the little-known feuilleton “Amazonia: A Very Inept Story” (1924) by Mykola Chirsky. The author determines the genre affiliation of the work and examines its compositional structure. Three parts are distinguished in the architectonics of associative feuilleton: associative conception; deployment of a “small” topic; conclusion. The author of the article clarifies the role of intertextual elements and the method of constantly switching the tone from serious to comic to reveal the thematic direction of the work. Mykola Chirsky’s interest in the problem of female emancipation is corresponded to the general mood of the era. The subject of ridicule in provocative feuilleton is the woman’s radical metamorphoses, since repulsive manifestations of emancipation becomes commonplace. At the same time, the writer shows respect for the woman, appreciates her femininity, internal and external beauty, personality. He associates the positive in women with the functions of a faithful wife, a caring mother, and a skilled housewife. In feuilleton, the writer does not bypass the problem of the modern man role in a family, but analyses the value and moral and ethical guidelines of his character. The husband’s bad habits receive a caricatured interpretation in the strange behaviour of relatives. On the one hand, the writer does not perceive the extremes brought by female emancipation, and on the other, he mercilessly criticises the male “virtues” of contemporaries far from the standard. The artistic heritage of Mykola Chirsky remains little studied. The urgent task of modern literary studies is the introduction of Mykola Chirsky’s unknown works into the scientific circulation and their thorough scientific understanding.


Author(s):  
Maxim B. Demchenko ◽  

The sphere of the unknown, supernatural and miraculous is one of the most popular subjects for everyday discussions in Ayodhya – the last of the provinces of the Mughal Empire, which entered the British Raj in 1859, and in the distant past – the space of many legendary and mythological events. Mostly they concern encounters with inhabitants of the “other world” – spirits, ghosts, jinns as well as miraculous healings following magic rituals or meetings with the so-called saints of different religions (Hindu sadhus, Sufi dervishes),with incomprehensible and frightening natural phenomena. According to the author’s observations ideas of the unknown in Avadh are codified and structured in Avadh better than in other parts of India. Local people can clearly define if they witness a bhut or a jinn and whether the disease is caused by some witchcraft or other reasons. Perhaps that is due to the presence in the holy town of a persistent tradition of katha, the public presentation of plots from the Ramayana epic in both the narrative and poetic as well as performative forms. But are the events and phenomena in question a miracle for the Avadhvasis, residents of Ayodhya and its environs, or are they so commonplace that they do not surprise or fascinate? That exactly is the subject of the essay, written on the basis of materials collected by the author in Ayodhya during the period of 2010 – 2019. The author would like to express his appreciation to Mr. Alok Sharma (Faizabad) for his advice and cooperation.


2019 ◽  
Vol 95 (2) ◽  
pp. 231-245
Author(s):  
Erik Ode

Abstract De-Finition. Poststructuralist Objections to the Limitation of the Other The metaphysic tradition always tried to structure the world by definitions and scientific terms. Since poststructuralist authors like Derrida, Foucault and Deleuze have claimed the ›death of the subject‹ educational research cannot ignore the critical objections to its own methods. Definitions and identifications may be a violation of the other’s right to stay different and undefined. This article tries to discuss the scientific limitations of the other in a pedagogical, ethical and political perspective.


2020 ◽  
Author(s):  
Abimael Francisco do Nascimento

The general objective of this study is to analyze the postulate of the ethics of otherness as the first philosophy, presented by Emmanuel Levinas. It is a proposal that runs through Levinas' thinking from his theoretical foundations, to his philosophical criticism. Levinas' thought presents itself as a new thought, as a critique of ontology and transcendental philosophy. For him, the concern with knowledge and with being made the other to be forgotten, placing the other in totality. Levinas proposes the ethics of otherness as sensitivity to the other. The subject says here I am, making myself responsible for the other in an infinite way, in a transcendence without return to myself, becoming hostage to the other, as an irrefutable responsibility. The idea of the infinite, present in the face of the other, points to a responsibility whoever more assumes himself, the more one is responsible, until the substitution by other.


2014 ◽  
pp. 104-121
Author(s):  
Aleksandra Kułaga

The article is devoted to the subject of the goals of the climate and energy policy of the European Union, which can have both a positive, and a negative impact on the environmental and energy policies. Positive aspects are the reduction of greenhouse gas emissions, diversification of energy supplies, which should improve Europe independence from energy imports, and increasing the share of renewable energy sources (RES) in the national energy system structures. On the other hand, overly ambitious targets and actions can lead to large losses for the economies of EU Member States. The article also highlights the realities prevailing in the international arena and noncompliance of international actors with global agreements on climate protection.


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