scholarly journals Public administration in the sphere of judicial practice problem regulation: bringing to justice for driving while intoxicated

2020 ◽  
Vol 8 (6) ◽  
pp. 204-211
Author(s):  
Yuliia Tsyhylyk
Keyword(s):  
Civil Rights ◽  
Road Safety ◽  
Current System ◽  
Influential Factors ◽  
Judicial System ◽  
Legal Responsibility ◽  
Judicial Practice ◽  
Practice Problem ◽  
The Moment ◽  
Judicial Error

Considering that current problems of bringing persons to legal responsibility for driving means of transportation while intoxicated are vital today, I investigated judicial practice for such cases. Also, I analyzed the legal consequences of the existing problem that occurred in connection with a legislator's failure to maintain the proper procedure for adopting changes to the current legislation in the field of road safety. The legal gaps and legal inaccuracies that exist in the current Ukrainian legislation regarding traffic rules were identified.I analyzed different approaches of the Ukrainian judicial system in the classification of offenses committed by persons who drive means of transportation or vessels under the influence of alcohol, drugs or other intoxicants that reduce attention and speed of reaction. As a result of my investigation, I identified that there is no unified judicial system in this field in Ukraine at the moment. One of the most difficult stages of legislation is the formation of an independent, competent and fair court as a standard of respect for human and civil rights and freedoms. However, judicial error does not always result from the activities of judges. Sometimes the influence of external factors, such as the ambiguity of the legislation in its wording or the obsolescence of the rule of law, is one of the influential factors that cannot be corrected or influenced by the judiciary. Based on the analysis of scientific literature, legal acts and my studies of judicial practice, I suggest improving the current system of responsibility of legal entities in the field of road safety in Ukraine by making relevant changes to the legislation.

scholarly journals REMOTE INTERACTION WITH THE JUDICIARY IN A PANDEMIC: OPPORTUNITIES AND PERSPECTIVES

2020 ◽  
Vol 6 (3) ◽  
pp. 154-160
Author(s):  
Z. S. Lebedev
Keyword(s):  
Legal Regulation ◽  
Judicial System ◽  
Legal Norms ◽  
Judicial Practice ◽  
Arbitration Process ◽  
Remote Interaction ◽  
The Russian Federation ◽  
The Moment ◽  
Remote Participation ◽  
Epidemiological Situation

The article is devoted to the problem of implementing forms of remote interaction with the judicial system. The article also considers the possibility of functioning of the judicial system in the current unfavourable epidemiological situation and quarantine measures being carried out in the country. The author analyzes the problems and prospects of remote interaction of the court with the participants in the process, as well as the problems of their application in conditions of insufficient legal regulation. There are 3 main forms of remote interaction with courts: submission of documents, which is more focused on professional participants in the process; familiarization with the materials of the case, which is implemented electronically only in the arbitration process and only in cases considered in summary proceedings; remote participation in the consideration of a case, which at the moment is practically not implemented due to the lack of proper legal regulation. A comparative analysis of foreign judicial practice and legal norms governing remote interaction with judicial authorities with the established practice of the judicial system of the Russian Federation was carried out. In conclusion, the author concluded the study.

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

CRITERIA FOR ASSESSING THE EFFECTIVENESS OF THE JUDICIAL SYSTEM

2021 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Judicial System ◽  
Criteria And Indicators ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
The Creation

Based on the study and generalization of the judicial practice of Ukraine, the article reveals the features of assessing the effectiveness of the courts, presents a system of criteria and indicators of the effectiveness of legal proceedings, which will contribute to the creation of a perfect judicial system, and on the basis of this formulated the appropriate conclusions.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE

2021 ◽  
Vol 37 (1) ◽  
pp. 117-122
Author(s):  
E.V. Bykadorova ◽  
◽  
N.V. Manilkin ◽  
N.V. Boldyrev ◽  
◽  
...  
Keyword(s):  
Final Part ◽  
Criminal Case ◽  
Crime Statistics ◽  
Guilty Verdict ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Moment ◽  
Court Of First Instance

The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.

scholarly journals Judicial Error: Responsibility, but not the Right

2019 ◽  
pp. 4-17
Author(s):  
Vyacheslav Kurchenko
Keyword(s):  
Professional Experience ◽  
Constitutional Court ◽  
Legal Rules ◽  
Judicial Practice ◽  
European Court ◽  
Gradual Accumulation ◽  
Judicial Errors ◽  
The Right ◽  
Judicial Error

In the article, the causes of judicial errors are discussed. The author examines the possibilities of imposing discipline sanctions on judges for their errors, considers a range of questions. In particular, should a judge seek the truth while hearing a case? Is a judge responsible for not only his or her errors but also for the errors of investigators, experts, and other participants of a proceeding? The author indicates various types of judicial errors and comes to a conclusion that gradual accumulation of ordinary or insignificant errors in the judge’s activity inevitably leads to systematic (or unordinary) errors. They indicate that the judge is unfair or incompetent. Drawing on personal professional experience and judicial practice, positions of the Russian Constitutional Court and the European Court of Human Rights, the author makes a link between judicial errors and the quality of justice. He emphasizes that the judge should follow the legal rules concerning adjudication and maintain his or her level of competence.

scholarly journals Review of the Literature on Latin America in Ketab-e-Jom’eh

2019 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Jom’ehToloo Riazi
Keyword(s):  
Latin American ◽  
Historical Context ◽  
Influential Factors ◽  
Review Of The Literature ◽  
Literature And Society ◽  
Revolutionary Movements ◽  
The Moment ◽  
Interpretative Approach ◽  
Symbolic Approach ◽  
Selection Of

This paper aims to analyze a weekly magazine called Ketab-e-Jom’eh (Friday’s Book) and the reflection of Latin American’s revolutionary movements in it. Ketab-e-Jom’eh, published from July 26, 1979, to May 22, 1980, was supervised by a number of the most legendary Iranian authors and poets, such as Ahmad Shamloo1 and Gholam Hossein Saedi. I focus on the way a particular perspective on Latin American movements is constructed and perpetuated among Ketab-e-Jom’eh’s lectors. With a symbolic approach, I analyze those texts through their symbolic representation in the Iranian society, which requires me to study those symbols and their concomitant relevance in Iran. Eventually, I will use an interpretative approach to examine this magazine’s ideologically motivated articles in the broader context of the Iranian society with its particular traits. The dialectic relationship between literature and society helps us understand literature as the product of social conditions and influential factors in society. The position that I develop here echoes Louis de Bonald’s belief that “through a careful reading of any nation’s literature ‘one could tell what this people had been’” (as cited in Hall, 1979, p. 13). I employ such an expansive horizon to scrutinize the selection of literature on Latin American guerillas. I shall unfold the magazine’s ideological orientation from the angle of the context in which it is used. I aim to show that the historical context of the Iranian society at the moment gives those articles specific meanings. In pursuit of my goals, I will recontextualize the articles to determine their primary significance in the Iran of the 1970s and 1980s.

scholarly journals CONSEQUENCES OF THE DECISION OF THE CONSTITUTIONAL COURT OF ROMANIA NO. 2/2017 ON THE EXTRAORDINARY APPEAL PATH OF THE REVIEW

2018 ◽  
Vol 11 (2) ◽  
pp. 68-75
Author(s):  
Mihaela Pătrăuș ◽  
Darius-Dennis Pătrăuș
Keyword(s):  
Central Element ◽  
The State ◽  
Judicial System ◽  
Criminal Case ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Initial Report ◽  
State Of Affairs ◽  
The One ◽  
Judicial Error

The central element of this extraordinary appeal is the judicial error. The review involves finding a legal error in the criminal case settled by a final judgment, which was based on an erroneous assessment of the state of affairs. Exercising appeals does not create a new procedural report, but only extends the initial report in this new procedural phase. In our judicial system, the unanimous classification is that appeals are divided into two categories: ordinary ways and extraordinary ways. Thus, before the decision, the case under Article 453 (1) (a) could be invoked as a ground for review only in favor of the convicted person or of the one to whom the waiver of the punishment or deferment of the punishment or termination of the criminal proceedings, if the review is aimed at obtaining an acquittal. Therefore, this case of revision could not be used to the detriment of the person who was acquitted or who was ordered to terminate the criminal proceedings, with the aim of reaching a decision on conviction, renunciation of the punishment or postponement of the application punishment.

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