scholarly journals Zakaz dowodowy przesłuchania mediatora w postępowaniu cywilnym, administracyjnym i karnym. Elementy wspólne i różnicujące (uwagi na tle art. 183 4 § 2 k.p.c., art. 83 § 4 k.p.a. oraz art. 178a k.p.k.)

2021 ◽  
Vol 32 (1) ◽  
pp. 198-210
Author(s):  
Piotr Krzysztof Sowiński ◽  
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Legal Order ◽  
Common Elements ◽  
Criminal Proceedings ◽  
Administrative Procedure

This article concerns mediation secret and ways to protect it in civil, administrative and criminal proceedings. Although all these procedures belong to one legal order they are characterized by independence and separate legal solutions. Common elements and differentiating them solutions were indicated in this text. Both were analyzed subjective and objective scope of the injunction on evidence contained in Art. 183 4 § 2 Code of Civil Procedure, Art. 96 § 2 Code of Administrative Procedure and Art. 178a Code of Criminal Procedure.

scholarly journals To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

2017 ◽  
Vol 1 (3) ◽  
pp. 190-200
Author(s):  
Natalia Kashtanova
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Judicial Protection

The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit) is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory),imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory) the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws.The author analyzes and appreciates Kazakhstan's experience of legal regulation of the permissibilityof filing a civil claim for exemption of property from seizure imposed in criminalproceedings. The author notes that the new civil procedural legislation of the Republic ofKazakhstan, which came into force from 01 January 2016, clearly captures that considerationin the civil proceedings are not subject to claims for exemption of property from seizureby the criminal prosecution body.Conclusions. Necessity of amendment to article 422 of the Civil Procedure Code of Russia:this article should not apply to cases of application of measures of criminal procedural compulsionin the form of seizure of property. Among other things, the author proposed additionsto part 9 of article 115 of the Criminal Procedure Code of Russia.

scholarly journals Concerning Genetic, Coordination and Subordinate Relations of Procedural Responsibility

2019 ◽  
pp. 86-98
Author(s):  
Dmitriy Anatol'evich Lipinsky ◽  
Aleksandra Anatol'evna Musatkina ◽  
Elena Valerievna Chuklova
Keyword(s):  
Social Relations ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Administrative Procedure ◽  
Functional Relations ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Dialectical Analysis

The object of the research is procedural responsibility relations and the subject of the research is sub-institutions and different kinds of functional relations inside and outside them. The researchers analyse sub-institutios of criminal procedure, administrative procedure and civil procedure responsibility and describes different kinds of their relations. They focus on the development of the institutions of procedural responsibility and their isolation from material branches of law. The authors describe different kinds of interaction between structural elements of procedural responsibility and disclose genetic, coordination and subordinate relations. The methodology of the research is based on historical law, formal law and dialectical analysis methods. The authors have also applied such methods as deduction and induction, analysis and synthesis. The novelty of the research is caused by the fact that the authors explain the grounds for creation of the institution of procedural responsibility and describe particular manifestations of subordinate and coordination relations. They prove the existence of close and distant genetic relations as well as direct and derivative relations that may be of both internal and external nature. The authors discover that genetic relations that demonstrate the proximity and origin of the institution of procedural responsibility are conditioned by specialization of law branches as well as sub-institutions of procedural responsibility. They prove that coordination links ensure horizontal coordination and may affect, firstly, the order of bringing to different kinds of legal responsibility and secondly, application of other kinds of legal responsibility besides procedural responsibility; thirdly, the use of terms, definitions, measures typical for different kinds of legal responsibility, and fourthly, regulation of homogenous social relations.     

Tajemnica duszpasterska. Analiza na przykładzie rozwiązań odnoszących się do Kościoła Ewangelicko-Reformowanego w RP

2020 ◽  
Vol 29 ◽  
pp. 350-366
Author(s):  
Bernard Łukańko ◽  
Keyword(s):  
Common Law ◽  
Criminal Procedure ◽  
Case Law ◽  
Civil Procedure ◽  
Administrative Procedure ◽  
Reformed Church ◽  
The Republic ◽  
Seal Of Confession

The study presents and analyses solutions in common law relating to the protection of pastoral secrecy, and more precisely the secrecy of pastoral conversation in the Evangelical Reformed Church in the Republic of Poland, which stems from the Swiss branch of Reformation and which has a tradition of 450 years in Poland. The analysis covers the institution of pastoral secrecy as compared to the institution of the seal of confession which is clearly protected under the provision of the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Procedure, the Tax Ordinance Act and the Supreme Audit Office Act. Furthermore, the study features a presentation of internal regulations of the Evangelical Reformed Church concerning pastoral secrecy and an analysis of the case law of Polish and German courts applicable to the protection of that type of secrecy.

USLUGA NAMIRENJA IMOVINSKOPRAVNOG ZAHTEVA

2021 ◽  
Author(s):  
Marija Milojević ◽  
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Controversial Issues ◽  
Criminal Offence ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Subject ◽  
Compensation For Damage

The paper presents a continuation of the research on the problem of realization of compensation for damage caused by the commission of criminal offense. In the first paper created within the same project, the author laid the foundations of the problem, dealing with the theoretical notion of damage caused by a criminal offense, the notion of civil torts and tortious liability, and the distinction between the notion of damage and the consequence of a criminal offence. This time, the author will concentrate on settling the receivables for damages by presenting the entire path that one claim for damages should take. Namely, obtaining a property claim should occur primarily in criminal proceedings, but it is most often adjudicated in litigation because in most cases the subject entitled to it is referred to litigation in order to exercise his right to compensation. After the judgement in the civil procedure is rendered, which orders the defendant-convict in the criminal procedure to compensate the caused damage either by compensating the damage in money or by returning the thing, or by annulling a certain legal deal, the concrete execution of the verdict in the executive procedure begins. While studying the manner of collecting the claims of the entitled subject through all three different procedures for the damage caused by the commission of criminal offense, the author also deals with controversial issues that may arise (the issue of statute of limitations for property claim, the issue of subjects who may be holders of property claims, the adequacy of the procedure in which the property claim is exercised, the means of execution of a monetary claim for damages caused by the commission of criminal offense, etc.).

scholarly journals Review of Trademark and Its Enforcement Procedures of Pakistan under TRIPS and Paris Convention

2018 ◽  
Vol 1 (2) ◽  
pp. 122
Author(s):  
Sohaib Mukhtar ◽  
Zinatul Ashiqin Zainol ◽  
Sufian Jusoh
Keyword(s):  
Intellectual Property ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
International Convention ◽  
Trademark Law ◽  
Registered Trademark ◽  
Trade Marks ◽  
Administrative Procedure ◽  
Statutory Body ◽  
Paris Convention

<p><em>Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.</em><em></em></p>

scholarly journals PSICHOLOGINĖ EKSPERTIZĖ: TEISINIAI IR PSICHOLOGINIAI TAIKYMO ASPEKTAI

Psichologija ◽  
2003 ◽  
Vol 27 ◽  
pp. 64-87
Author(s):  
Viktoras Justickis ◽  
Gintautas Valickas
Keyword(s):  
Professional Ethics ◽  
Ethical Dilemmas ◽  
Criminal Procedure ◽  
Emotional Arousal ◽  
Civil Procedure ◽  
Administrative Procedure ◽  
The Third ◽  
Legal Position ◽  
Emotional Conflicts ◽  
Psychological Expertise

Pirmojoje straipsnio dalyje analizuojami psichologo eksperto teisinio statuso ypatumai baudžiamajame, civiliniame ir administraciniame procese, nagrinėjama psichologinės ekspertizės paskirtis, uždaviniai ir funkcijos, psichologų ekspertų teisės ir pareigos. Antroji dalis skiriama kai kurioms psichologinės ekspertizės atmainoms - asmens riboto pakaltinamumo įvertinimui, kaltinamojo būsenos nusikaltimo situacijoje ir staigaus didelio susijaudinimo įvertinimui, asmens sugebėjimo dalyvauti baudžiamajame procese įvertinimui, proceso šalių sugebėjimo duoti parodymus įvertinimui, įtariamojo ir kaltinamojo sugebėjimo suprasti ir pasinaudoti savo teise atsisakyti parodymų davimo įvertinimui, asmens veiksnumo įvertinimui (civiliniame procese) - pristatyti. Trečiojoje dalyje analizuojami profesinės etikos reikalavimai ir pagrindinės etinės dilemos, su kuriomis gali susidurti psichologas, dalyvaujantis teismo procesuose (informacijos konfidencialumo išsaugojimas, atliekamų vaidmenų ir emociniai konfliktai, psichologo objektyvumas ir nešališkumas). FORENSIC PSYCHOLOGICAL EXPERTISE: ASPECTS OF LEGAL AND PSYCHOLOGICAL ADJUSTMENTViktoras Justickis, Gintautas Valickas SummaryThe first part of the article deals with legal position of psychologist-expert in criminal, civil and administrative procedure. The aim, tasks and functions of the forensic psychological expertise and psychologist- expert's duties and rights are analyzed. The second part is devoted to special branches of psychological expertise: a) assessment of people with reduced liability; b) assessment of offender's states in a crime situation as well as sudden great emotional arousal; c) assessment of a person's ability to take part in criminal procedure; d) assessment of parts ability to give testimonies; e) assessment of a suspect's and accused person's ability to understand and use his right to refuse giving testimonies; f) assessment of a person's capability in civil procedure. In the third part of the article are analyzed requirements of professional ethics as well as the main ethical dilemmas, which can meet forensic psychologist (confidentiality, roles and emotional conflicts, impartiality).

scholarly journals Intersectoral principles of procedural branches of Armenian law

2020 ◽  
pp. 17-22
Author(s):  
Vera Ilyuhina
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Administrative Procedure ◽  
Procedure Code ◽  
The Republic ◽  
Legal Understanding

Based on the analysis of the Constitution of the Republic of Armenia, the Code of criminal procedure of the Republic of Armenia, the Civil procedure code of the Republic of Armenia and the Code of administrative procedure of the Republic of Armenia, based on a positivist legal understanding, the author identifies intersectoral principles of the procedural branches of Armenian law. Attention is drawn to the fact that intersectoral principles of law are enshrined not only in industry codes, but also in the Constitution of the Republic of Armenia.

10. Public interest immunity, closed material procedures, and disclosure

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Foreign Policy ◽  
Criminal Justice ◽  
National Security ◽  
Public Interest ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Criminal Proceedings ◽  
The Public ◽  
Civil Proceedings ◽  
Civil Cases

This chapter, which deals with public interest immunity (PII) and disclosure in criminal and civil cases, first explains exclusion of evidence on the grounds of the PII doctrine in relation to the public interest in non-disclosure of documents. It then considers disclosure in criminal proceedings under the Criminal Procedure and Investigations Act 1996 (as amended by the Criminal Justice Act 2003) and the Criminal Procedure Rules 2014 as well as disclosure in civil proceedings under the Civil Procedure Rules. The chapter also examines areas of public interest that are covered by possible PII claims, including national security, defence and foreign policy, protection of children, the identity of police informers, and confidential records held by public bodies. It concludes with an outline of the Closed Material Procedures (CMPs).

scholarly journals O princípio da imparcialidade e a atividade probatória ex officio do juiz: haveria um tratamento diferenciado no processo civil e no processo penal?

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Artur Cesar Souza
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Criminal Proceedings ◽  
Analytical Methodology ◽  
Consistent Basis ◽  
Uniform Treatment

RESUMOA problematização no presente trabalho diz respeito à atividade probatória ex officio pelo juiz e possíveis danos que essa atividade possa ensejar ao princípio da imparcialidade. Analisa-se, igualmente, o acerto ou não da doutrina que propugna por um tratamento não uniforme sobre tal temática em relação ao processo penal e ao processo civil, bem como se essa diferenciação apresenta fundamento consistente para justificar essa diferenciação entre os diversos ramos processuais. Mediante a aplicação de uma metodologia analítica crítica e por meio de uma revisão bibliográfica, pretende-se, ao final, apontar algumas considerações para a resolução do problema ora apresentado.PALAVRAS-CHAVEDireito Processual Civil. Direito Processual Penal. Imparcialidade. Produção probatória. ABSTRACTThe problematization in the present work concerns the ex officio probative activity by the judge and possible damages that this activity can give to the principle of impartiality. It also examines whether or not the doctrine which advocates non-uniform treatment of such matters in relation to criminal proceedings and civil procedure is correct, as well as whether that differentiation provides a consistent basis for justifying such differentiation between the various procedural branches. Through the application of a critical analytical methodology, it is intended, in the end, to point out some considerations to solve the problem presented here.KEYWORDSCivil procedure. Criminal procedure. Impartiality. Evidence production.

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