The Brasilian Electoral Justice

Legal Concept ◽  
2021 ◽  
pp. 77-82
Author(s):  
Alexey Szydlowski ◽  
Keyword(s):  
Justice System ◽  
Political Competition ◽  
Comparative Approach ◽  
Regulatory Body ◽  
Electoral Process ◽  
Russian Scientific ◽  
Legal Method ◽  
System Method ◽  
Democratic Elections ◽  
Rule Making

Introduction: electoral justice can be called the basis of a modern system of democratic elections based on the principles of protecting the rights and freedoms of citizens and equal access for all to the electoral process on the terms of transparency, impartiality, and justice. Purpose: the purpose of the paper is to consider electoral justice in Brazil and analyze its significance for the political and electoral competition in the country during the elections. Methods: when working on the paper, the author studied a large volume of scientific and legal materials, some of which were little known to the Russian scientific community or introduced into the scientific circulation for the first time. The methodological framework for the research is a complex of general scientific and special legal methods, in particular, the system method, analysis, synthesis, and generalization and forecasting. The formal legal method was also used to analyze the normative legal acts, as well as a comparative approach when analyzing the foreign and Russian sources. The historical and legal method allowed us to consider the origin, formation, and development of electoral law in chronological order, taking into account the modern features of Brazil. Results: the peculiarities of the modern Brazilian electoral justice system are that such a system, created as a necessary element of democratic elections, eventually became the basis for the democratic consolidation of Brazil, influencing not only the making and application of independent decisions but also the rule-making in the electoral process. This is due, firstly, to the fact that the Brazilian electoral justice is independent neither of the regulatory body that carries out electoral justice, nor of the party interests, nor of the interests of the majority in the matters of protecting society exercising its electoral right. Secondly, the electoral justice system has quite broad powers in terms of implementing the rule-making process on the issues of law enforcement of the constitutional regulations on the electoral process. Conclusions: such rule-making contributes to the creation of conditions for the effective judicial protection and political competition, and the institution of electoral justice itself objectively shows its efficiency and is recommended for the implementation in the Russian Federation in the form of an autonomous system of electoral courts, including the federal electoral court, the electoral courts of the subjects of the federation, the municipal electoral courts and the corps of electoral judges of polling stations.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

scholarly journals Innovation IT-Payment Technologies as a Know-how and an Object of Intellectual Property Rights

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 518-535
Author(s):  
Ernest Gramatskyy ◽  
Inha Kryvosheyina ◽  
Volodymyr Makoda ◽  
Liydmyla Panova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Personal Data ◽  
Modern Society ◽  
Research Information ◽  
Know How ◽  
Legal Method ◽  
System Method

The modern society necessitates the introduction of new IT-solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. The purpose is to carry out an analysis of the introduction and functioning of know-how, as well as to determine the vectors of its use, taking into account the needs of participants in legal relations arising in this area. The subject of research – information technologies (know-how) as objects of intellectual property rights in their use. The methodological basis consists of the method of analysis, the method of synthesis, the dialectical method, the comparative-legal method, the system method, and the logical-legal method. The result of this work is to identify the importance of the information technologies in everyday life of modern society and the level of popularity of their use, outlining possible vectors of development in the economics in the direction of digitalization and justification of the need to improve the provisions of current legislation within the considered topic, expressing the idea of the direction of innovative information policy in the direction of active use of blockchain and maximum compliance with the protection of personal data of customers.

scholarly journals Implementation of conciliation procedures in socio-cultural and legal dimensions

2021 ◽  
Vol 118 ◽  
pp. 02013
Author(s):  
Svetlana Petrovna Kazakova ◽  
Olesya Aleksandrovna Kukhareva ◽  
Ekaterina Viktorovna Tkachenko ◽  
Asiya Nailevna Yusupova ◽  
Dimitri Oleynik
Keyword(s):  
Law Enforcement ◽  
Objective Assessment ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Systematic Method ◽  
Legal Method ◽  
The Russian Federation ◽  
Dialectical Analysis ◽  
Rule Making

The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.

scholarly journals MAJORITY/PLURALITY SYSTEMS: THE CHOICE OF LEAST DEVELOPED COUNTRIES?

2019 ◽  
Vol 17 (Suppl.1) ◽  
pp. 107-114
Author(s):  
D. Pastarmadzhieva
Keyword(s):  
Hypothesis Test ◽  
Electoral System ◽  
Developed Countries ◽  
Regime Type ◽  
Comparative Approach ◽  
Least Developed Countries ◽  
Electoral Process ◽  
Chi Square ◽  
Significant Difference ◽  
Chi Square Test

The electoral system of a country is related to the political, economic and social areas of life. Their functioning directly or indirectly depends on it and the different types and subtypes of electoral systems produce different effects. The purpose of the current study is to identify if there is a relation between the statute of the least developed countries and their electoral system. The object of the study are countries, defined as least developed in 2018 by the United Nations. The focus is the type of electoral system for the legislative body (or its lower chamber in case of bicameralism) of these countries, their regime type, overall score and the score for electoral process and pluralism according to EIU Democracy Index 2018. For the purposes of the analysis statistical methods (frequencies, hypothesis test and chi-square test) and comparative approach are used. The results show that there is statistically significant relationship between the statute of least developed countries and their electoral system on one hand and their regime type on other. There is also a statistically significant difference in the scores of least developed countries compared to all others regarding the evaluation of democracy and the electoral process and pluralism.

scholarly journals Liability in the field of digital payment systems and cryptocurrencies: mission is (im)possible?

2021 ◽  
Vol 10 (42) ◽  
pp. 186-195
Author(s):  
Liydmyla Panova ◽  
Siuzanna Tsurkanu ◽  
Oleh Synieokyi ◽  
Zoriana Dilna ◽  
Ivan Prymachenko
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Legal Regulation ◽  
Electronic Payment ◽  
Payment Systems ◽  
Legal Method ◽  
Internet Users ◽  
System Method ◽  
International Comparative

An electronic payment system is a system of settlements between different organizations and Internet users when buying or selling goods or services over the Internet. The relevance of the research topic is that electronic payment systems are used widely at the present stage of the development of society. This area has not escaped criminal activity. Penalties for digital payment systems and cryptocurrencies should be commensurate with the level of damage caused. The article analyzes the international legal establishing liability for this type of crime. At the instant, it remains an open question for further study of the legal status of cryptocurrency in different countries and the settlement of penalties for violations in the field of digital payment systems and cryptocurrency. Research methods: comparison, observation, analysis, synthesis, analogy, the system method, generalization method, and formal-legal method. According to the results of the study, the international comparative aspect of the types of liability for offenses in the field of digital payment systems was analyzed; the issue of criminal liability for offenses in the field of digital payment systems and cryptocurrencies, as a key punishment for these actions; identified means of protection of payment systems; the issue of legal regulation of cryptocurrency in different countries.

scholarly journals NORMAL BUSINESS ACTIVITIES OF THE DEBTOR IN BANKRUPTCY: CRITERIA FOR RECOGNITION AND THE IMPORTANCE OF THE GOOD FAITH OF THE COUNTERPARTY

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 140-150
Author(s):  
Дарья Владимировна КОРОЛЁВА
Keyword(s):  
Empirical Method ◽  
Good Faith ◽  
Legal Interpretation ◽  
Close Attention ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Legal Method ◽  
System Method ◽  
General Scientific ◽  
Interpretation Method

Legal scholars draw close attention to the issue of the content of normal business activities. It is still necessary to take into account not only the already systematized explanations of the higher courts on specific issues in every insolvency case, but also the dynamics of judicial practice and certain aspects of the debtor’s bankruptcy. A topical issue is whether transactions of a bankrupt debtor made during a period of suspicion and in arrears of payment can be classified as transactions concluded in the course of the debtor’s normal business activities. Purpose: to form a judgment on the conditions under which debtor`s transactions made during a period of suspicion and delay of performance may be assimilated by the court to its normal business activities. Methods: the author uses both general scientific methods (system method, empirical method) and special methods (comparative legal method, legal interpretation method). Results: the criteria for understanding transactions made during the period of suspicion and in delay of performance as the debtor’s normal business activities are defined; the importance of the good faith principle of the debtor’ counterparty is determined.

scholarly journals Prosecutor’s activity model as the most important guideline for reforming the system of criminal proceedings

2021 ◽  
Vol 108 ◽  
pp. 04002
Author(s):  
Nina Sergeevna Manova ◽  
Anna Yurievna Churikova
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Criminal Proceedings ◽  
Normative Model ◽  
Activity Model ◽  
Legal Method ◽  
Legal Model ◽  
Main Factors ◽  
First Time

The problems associated with the development of a normative model of the prosecutor’s activity in criminal proceedings and the way in which such a model can affect the direction of reforming the entire criminal process are considered by the authors. Purpose: to analyze the influence of the prosecutor’s activity model on the effectiveness of achieving the purpose of criminal proceedings, to propose the directions for reforming the criminal justice system. Methods: The study uses the method of legal modeling, statistical and sociological methods of cognition, as well as the comparative legal method. Results and novelty: The novelty of the study is expressed in the fact that for the first time an attempt was made to reveal the influence of the prosecutor’s activity model on the directions of reforming the criminal proceedings. The results of the study include the identification of the main factors that determine the construction of a legal model of the prosecutor’s activity in the field of criminal proceedings and the determination of the directions of the possible influence of this model on the reform of the system of criminal proceedings.

OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN

2020 ◽  
Vol 6 (1) ◽  
pp. 213-236
Author(s):  
Yodi Nugraha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Public Interest ◽  
Justice System ◽  
Attorney General ◽  
Criminal Code ◽  
Comparative Approach ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
The Public

In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority.  This article discusses this authority to cease of terminate criminal prosecution in the name of public interest.  To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands.  A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.

Non‐Political Caretaker Administrations and Democratic Elections in Bangladesh: An Assessment

2000 ◽  
Vol 35 (3) ◽  
pp. 345-369 ◽  
Author(s):  
Habib Zafarullah ◽  
Muhammad Yeahia Akhter
Keyword(s):  
Transition To Democracy ◽  
Authoritarian Regime ◽  
The State ◽  
Electoral Process ◽  
Authoritarian Rule ◽  
The Past ◽  
Democratic Elections ◽  
Important Purpose

The transition to democracy in bangladesh after the overthrow of the authoritarian regime in 1990 began with the formation of a non-political caretaker administration (NCA) to prepare the ground for the transfer of power to a popularly mandated government. Its other important purpose was to manage the affairs of the state during the interlude that separated the dissolution of the authoritarian regime (December 1990) and the complete installation of the democratically-elected government (September 1991) to rule the country in its own right.The need for this NCA was imperative in the wake of the dismantling of authoritarian rule. The attempts of the ousted regime to conduct a third election, while still in power, were not acceptable to its political adversaries, given the former's proven tendency to unduly inf luence the electoral process in the past.

Fighting financial crime: failure is not an option

2020 ◽  
Vol 27 (1) ◽  
pp. 1-23
Author(s):  
Shazeeda Ali
Keyword(s):  
Financial Services ◽  
Justice System ◽  
Design Methodology ◽  
Positive Impact ◽  
Comparative Approach ◽  
Financial Crime ◽  
Content Type ◽  
Asset Recovery ◽  
Comprehensive Examination ◽  
The Uk

Purpose The purpose of this study is to provide an overview of some of the deficiencies in the criminal justice system in Jamaica, particularly relating to financial crime. The author also examines possible alternatives in the approach that may be taken in tackling financial crime. Design/methodology/approach The methodology used was a review of data on financial crime in Jamaica as well as recent significant cases. An analysis of key pieces of legislation was also undertaken. In some instances, a comparative approach was invoked, with special reference to the UK and US laws. Findings Some essential findings include the positive impact that may be gained from restorative justice principles, the effective enforcement of asset recovery provisions and stricter regulation of the financial services industry. Originality/value There is no similar comprehensive examination of these issues concerning Jamaica.

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