scholarly journals Problematical issues of mediation conducted by a barrister during reconciliation within criminal proceedings

2019 ◽  
pp. 197-205
Author(s):  
A. Kovalchuk
Keyword(s):  
Public Awareness ◽  
Legal Framework ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Client Relationship ◽  
The Status ◽  
Problematic Issue ◽  
Definition Of

It is well known that one of the hallmarks of restorative justice is the use of mediation as an effective way of resolving the dispute. The above mentioned process proved to be quite popular in the practice of domestic lawyers, which in its turn became the basis for ambiguous practice and the need for the legislator's attention. That is why motive changes are taking place in Ukraine with the purpose of legislative consolidation of the institute. However, due to the lack of detailed legislative regulation of the basic provisions of regulation of mediation, namely - the status of mediator, regulatory secrecy of non-disclosure of client secrets, bodies of quality control of the provided services, etc., there is a possibility of abuse of the mentioned institute in the territory of Ukraine. The purpose of the article is to identify the issues that may arise in the case of the combination of lawyer and mediator roles within a single proceeding. Based on the analysis of the legal framework of domestic and international legislation, it is necessary to outline the following problems. It is argued that, to date, a major reason for the lack of active use of mediator services is the list of reasons which include both low level of public awareness and lack of legislative basis. That is why there is no proper attention to the problem of abuse of mediator status. It is concluded that the conduct of mediation by a barrister within one proceeding gives grounds for the risk of violation of the basic principles of mediation, namely – confidentiality and independence. These statements are based on the definition of difference of the professions in their nature and purposes. It is noted that a problematic issue is the fact that the lawyer-client relationship is governed by a contract for the provision of lawyer services, unlike the other party to the negotiations. This fact leads to a number of opportunities for abuse of the status of mediator and the exercise of fraudulent advocacy. It is stated the existence of a legal conflict in case of completion of the mediation procedure without result in the form of reconciliation between the suspect and the victim. It is also outlined the possibility of manipulation of the information provided by the parties in the case of a change in the role of the barrister. It has been determined that due to the retreat of the regulatory regulation of the mediation activity by the lawyer, there are no control bodies that could point out the quality of the lawyer's rendering of the above services.

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

Strategic Role of Zakat in Multidimensional Quality of Life in Sijunjung, Indonesia

2018 ◽  
Vol 15 (1) ◽  
pp. 55-72
Author(s):  
Herlin Hamimi ◽  
Abdul Ghafar Ismail ◽  
Muhammad Hasbi Zaenal
Keyword(s):  
Quality Of Life ◽  
Positive Impact ◽  
Wealth Distribution ◽  
Absolute Poverty ◽  
Before And After ◽  
The Status ◽  
Being There ◽  
The Impact

Zakat is one of the five pillars of Islam which has a function of faith, social and economic functions. Muslims who can pay zakat are required to give at least 2.5 per cent of their wealth. The problem of poverty prevalent in disadvantaged regions because of the difficulty of access to information and communication led to a gap that is so high in wealth and resources. The instrument of zakat provides a paradigm in the achievement of equitable wealth distribution and healthy circulation. Zakat potentially offers a better life and improves the quality of human being. There is a human quality improvement not only in economic terms but also in spiritual terms such as improving religiousity. This study aims to examine the role of zakat to alleviate humanitarian issues in disadvantaged regions such as Sijunjung, one of zakat beneficiaries and impoverished areas in Indonesia. The researcher attempted a Cibest method to capture the impact of zakat beneficiaries before and after becoming a member of Zakat Community Development (ZCD) Program in material and spiritual value. The overall analysis shows that zakat has a positive impact on disadvantaged regions development and enhance the quality of life of the community. There is an improvement in the average of mustahik household incomes after becoming a member of ZCD Program. Cibest model demonstrates that material, spiritual, and absolute poverty index decreased by 10, 5, and 6 per cent. Meanwhile, the welfare index is increased by 21 per cent. These findings have significant implications for developing the quality of life in disadvantaged regions in Sijunjung. Therefore, zakat is one of the instruments to change the status of disadvantaged areas to be equivalent to other areas.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

scholarly journals Standard Quality Banking Services of Islamic Banks

2018 ◽  
Vol 8 (1) ◽  
pp. 301
Author(s):  
Haneen A. Al-Khawaja ◽  
Barjoyai Bardai
Keyword(s):  
Islamic Law ◽  
Theoretical Aspect ◽  
Islamic Banking ◽  
Islamic Banks ◽  
High Confidence ◽  
Banking Services ◽  
Standard Quality ◽  
Definition Of

This research discusses in detail the theoretical aspect of the quality standards of banking services of traditional Islamic banks. The criterion of "Shari'ah Compliance" was added by the researcher to the importance and role of dealing with Islamic banks, the definition of this standard and its importance, how to test it for banks as well as how, without the legitimate commitment of these banks to what is classified as Islamic from the foundation, we focus on the importance of the existence of a legal commitment to any Islamic bank to achieve the quality of Islamic banking services of high quality in accordance with Islamic law and laws to achieve a high confidence in the customers who belong to him and deal with his Conspiracy.

scholarly journals NURSE IN THE POLISH HEALTH CARE SYSTEM

2020 ◽  
Vol 73 (8) ◽  
pp. 1771-1779
Author(s):  
Małgorzata Paszkowska
Keyword(s):  
Health Care ◽  
Health Care System ◽  
Medical Staff ◽  
Medical Profession ◽  
Legal Norms ◽  
The Status ◽  
Medical Order ◽  
Definition Of ◽  
Care System

Nurses are the largest group of Polish medical staff. There are currently approximately 230,000 nurses employed in Poland. There is a statutory profession for many years. Nurses provide health services on the basis of a medical order or on their own. As a result of changes in the law, the scope of their professional competences has been increasing for several years, including to independently administer medicines and issue prescriptions. The purpose of the article is to present and analyze legal norms determining the status of a nurse in the Polish health care system. In addition, the definition of the statutory principles of cooperation between doctors and nurses. The analysis shows that changes in law in recent years have significantly influenced the increase in the role of nurses in the health care system and they are also relevant to the practice of the medical profession.

scholarly journals Peningkatan Kualitas Sumber Daya Manusia Melalui Pelatihan Peranan Humas bagi Anggota Polresta Tangerang

2020 ◽  
Vol 3 (2) ◽  
pp. 75-82
Author(s):  
Heriyanti Heriyanti ◽  
◽  
Ummanah Ummanah ◽  
Resman Maharul Tambunan ◽  
◽  
...  
Keyword(s):  
Public Relations ◽  
Technology Development ◽  
Police Department ◽  
Media Relations ◽  
Basic Principles ◽  
The Public ◽  
Security Guards ◽  
The Government

The rapid technology development and information made public (community) being so critical to the policies was taken by the government. This requires police institution to maintain of security guards, public order, enforce the law, provides protection, aegis and service to the community. Public Relations (PR) is an agency which have a duty to understand and evaluate a variety of public opinion in order to help to create harmony between particular agencies with the public. In order to increase quality of human resources in Police Department are required personnel with the ability in resolving problems the happens in society. In resolving these problems, that needed cooperation between police department, college and the community. The contribution of college to police department and the community with conducting the devotion to the community in cooperation Polresta Tangerang. The method in use in devotion community is by providing training of the role of public relations to Polresta Tangerang members through zoom cloud meeting. The role of public relations training aimed at giving public knowledge include similarity in communication, public relations function, basic principles of public relations, the management of the community and management of media relations may be good quality police. The evaluation of the training be concluded that the training that performed capable of increase understanding participants on the role of public relations.

POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE

2021 ◽  
pp. 64-76
Author(s):  
Tatyana K. Ryabinina ◽  
◽  
Daria O. Chistilina ◽  
Keyword(s):  
Citizen Participation ◽  
Criminal Procedure ◽  
The State ◽  
Jury Trial ◽  
Criminal Proceedings ◽  
Strict Adherence ◽  
Jury Trials ◽  
Definition Of ◽  
The Individual

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

Introduction to a Poetics of Diversity

2020 ◽  
Keyword(s):  
Chaos Theory ◽  
Literary Genres ◽  
Single Root ◽  
Wide Range ◽  
The Status ◽  
The Difference ◽  
Definition Of ◽  
Accessible Form

This book reproduces the texts of four lectures, followed by discussions, and two interviews with Lise Gauvin published in Introduction à une poétique du divers (1996); and also four further interviews from L’Imaginaire des langues (Lise Gauvin, 2010). It covers a wide range of topics but key recurring themes are creolization, language and langage, culture and identity, ‘monolingualism’, the ‘Chaos-world’ and the role of the writer. Migration and the various different kinds of migrants are also discussed, as is the difference between ‘atavistic’ and ‘composite’ communities, the art of translation, identity as a ‘rhizome’ rather than a single root, the Chaos-World and chaos theory, ‘trace thought’ as opposed to ‘systematic thought’, the relation between ‘place’ and the Whole-World, exoticism, utopias, a new definition of beauty as the realized quantity of differences, the status of literary genres and the possibility that literature as a whole will disappear. Four of the interviews (Chapters 6, 7, 8 and 9) relate to particular works that Glissant has published: Tout-monde, Le monde incrée, La Cohée du Lamentin, Une nouvelle région du monde. Many of these themes have been explored in his previous works, but here, because in all the chapters we see Glissant interacting with the questions and views of other people, they are presented in a particularly accessible form.

Crkvene institucije u srednjovjekovnoj praksi

2021 ◽  
Vol 45 (88) ◽  
pp. 21-46
Author(s):  
Ante Bećir
Keyword(s):  
Primary Sources ◽  
Political Agency ◽  
Individual Agency ◽  
Material Resources ◽  
Political Conflicts ◽  
Political Networks ◽  
The Social ◽  
The Status ◽  
Definition Of

The article sought to put the social and political agency of the Trogir Canons in the period from 1300 to 1360 into the wider context of political conflicts that took place between opposing noble factions within the Trogir commune in the 14th century. However, before commencing with the analysis, the author gives a basic insight into the status and infrastructure of the Trogir ecclesiastical organization, situated in its respective Dalmatian- Croatian and Hungarian context. Starting with the normative definition of a Cathedral Chapter, which exists to assist the Bishop and engage in the pastoral care of its human flock, the article compares the idea with the practical dealings of the Trogir Canons. It is highlighted that their dealings were almost primarily concerned with these-worldly matters. On the other hand, and on the basis of tracking several Trogir Canons, namely Jacob son of Peter (Vitturi), John son of Peter (Castrafoci), Stephan son of Michael (Cega), Lampredius son of Jacob (Vitturi), Kazarica son of Martin (Kazarice), Albert son of Marinus (Andreis) and some others, which are heavily exposed in the primary sources, it is argued that the Trogir Cathedral Chapter was not functioning in practice as an independent church corporation, rather than the Canons were in one way or another involved in the factional strifes. More precisely, the considered canons were deeply connected with the noble families, from which practically all of them originated, and sequentially with the informal factions. Therefore, the Canons exploited the existing institutional (corporate) framework and material resources of the Cathedral Chapter in the pursuit of their own individual or factional goals. In that respect, the Cathedral Chapter cannot be considered as an entity separate from the activities of the city lay authorities, regardless of the actual distinction in political and judicial jurisdiction between ecclesiastical and secular institutions. The Case of Trogir provided very fruitful material, which allowed the unraveling of social and political networks and the role of individual participants in the collective (political) agency. In other words, the paper put the focus more on individual agency, and less to structures, bearing in mind that individual agency is exactly that which shapes the institutions in the end.

The Role of Knowledge Management (KM) in Aged Care Informatics

Big Data ◽  
2016 ◽  
pp. 1668-1686
Author(s):  
Margee Hume ◽  
Craig Hume ◽  
Paul Johnston ◽  
Jeffrey Soar ◽  
Jon Whitty
Keyword(s):  
Knowledge Management ◽  
Management Practice ◽  
Aged Care ◽  
Social Infrastructure ◽  
Care Giving ◽  
Aged Care Facilities ◽  
Definition Of

Aged care is projected to be the fastest-growing sector within the health and community care industries (Reynolds, 2009). Strengthening the care-giving workforce, compliance, delivery, and technology is not only vital to our social infrastructure and improving the quality of care, but also has the potential to drive long-term economic growth and contribute to the Gross Domestic Product (GDP). This chapter examines the role of Knowledge Management (KM) in aged care organizations to assist in the delivery of aged care. With limited research related to KM in aged care, this chapter advances knowledge and offers a unique view of KM from the perspective of 22 aged care stakeholders. Using in-depth interviewing, this chapter explores the definition of knowledge in aged care facilities, the importance of knowledge planning, capture, and diffusion for accreditation purposes, and offers recommendations for the development of sustainable knowledge management practice and development.

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