Significance of violations of the procedural criminal form, as a condition for the admission of evidence to be inadmissible

The development of the science of the domestic criminal process necessitates the study and revision of traditional scientific views on particular problems of criminal procedural evidence. One of the most important in the theory of evidence is the problem of the admissibility of evidence, and in particular the question of the legal consequences of a breach of the procedural form of the taking of evidence (forming the evidentiary basis of the legal position of the subject of evidence) in criminal proceedings. In scientific publications, these issues are given considerable attention. However, there is no clear-cut approach to solving it. Therefore, expressing your own position on their decision is quite important and necessary. It is these circumstances that explain the need for this article, its logic and content. The purpose of the article is to investigate the legal consequences of violating the procedural form of taking evidence (forming the evidentiary basis of the legal position of the subject of proof) in criminal proceedings. The results of the scientific elaboration of the author of the aforementioned problem were the conclusions on different approaches to the question of the legal consequences of violation of the procedural form of obtaining evidence. In particular, the opinion, supported and additionally substantiated in the scientific literature, that they depend on the materiality of the violation. Substantial violations entail the admission of the evidence obtained inadmissible, although they can be overcome by the means specified by law. Non-essential violations after their neutralization do not affect the admissibility of the evidence. It is proposed to regulate the criminal procedural legislation of the Institute of Extreme need in criminal proceedings and scientific development of the procedure for its application. It`s indicated that when decidind on the abmissibility of evidence obtained by using coercion (which can be qualified as a non-substantial violation of the rights and freedoms of the person to which it is used), it`s necessary to establish: firstly: firstly, their character (surmountable or irresistible) (in this connection it is necessary to determine the degree of its impact on the person, its individual physical abilities, the mental state in which it was found, etc.); secondly, the possibility of using the Institute of Extreme Necessity (subject to its regulation in the criminal procedural legislation).

Systematic literature research on disability-related publications in Hungary from 1959 to the present

Multidiszciplináris Tudományok ◽

10.35925/j.multi.2021.2.33 ◽

2021 ◽

Vol 11 (2) ◽

pp. 254-261

Author(s):

Beáta Bihariné Kalászdi

Keyword(s):

Social Marketing ◽

Social Inclusion ◽

Scientific Literature ◽

People With Disabilities ◽

Research Topic ◽

Scientific Publications ◽

Literature Research ◽

Marketing Models ◽

Public Consciousness ◽

There are many social problems in every human community, some of which are more prominent and others less prominent in public consciousness. One indicator of this is the number of scientific publications. This research aims to analyze the subject of disability through systematic literature research by examining studies and articles published on the theme, to cover the main publishing trends on disability. The author also aims to find a link between her own research topic - social inclusion of people with disabilities in the light of social marketing models - and already published scientific literature.

Legal implications of declaring a person dead in absentia for criminal proceedings

Roczniki Administracji i Prawa ◽

10.5604/01.3001.0014.0429 ◽

2019 ◽

Vol 2 (XIX) ◽

pp. 79-93

Author(s):

Jan Kil

Keyword(s):

Court Decision ◽

Natural Death ◽

Criminal Proceedings ◽

Legal Implications ◽

Judicial Proceedings ◽

The Subject ◽

The subject of the article is the analysis of legal implications of declaring a person dead in absentia for criminal proceedings. The article covers the main issues of declaring a person dead in absentia, in which the court may issue a ruling equivalent in legal effects to natural death of man. The paper examines the influence of declaring a person dead in absentia for preparatory proceedings, judicial proceedings as well as executive proceedings. The author analyses also a situation, when the previous court decision of declaring a person dead in absentia would turn out to be erroneous. Besides, the author examines a legal consequences of declaring a person dead in absentia for statutes of limitations on criminal actions.

Karakteristik Judicial Order dalam Putusan Mahkamah Konstitusi dengan Amar Tidak Dapat Diterima

Jurnal Konstitusi ◽

10.31078/jk16410 ◽

2020 ◽

Vol 16 (4) ◽

pp. 883

Author(s):

Intan Permata Putri ◽

Mohammad Mahrus Ali

Keyword(s):

Data Collection ◽

Judicial Review ◽

Constitutional Court ◽

Literature Study ◽

Legal Research ◽

Collection Method ◽

Legal Position ◽

The Subject ◽

The Republic ◽

Putusan Mahkamah Konstitusi dalam pengujian undang-undang terhadap Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI 1945) dengan amar tidak dapat diterima atau niet ontvankelijke verklaard (NO) pada umumnya tidak memiliki pertimbangan hukum. Akan tetapi dalam perkembangannya MK memberikan pertimbangan hukum baik mengenai pokok perkara dan kedudukan hukum Pemohon. Penelitian ini hendak menjawab dua permasalahan yaitu; apa urgensi adanya pertimbangan hukum yang mengandung judicial order dalam putusan dengan amar tidak dapat diterima? Kemudian bagaimana karakteristik judicial order dalam putusan dengan amar tidak dapat diterima? Penelitian ini merupakan penelitian hukum normatif dengan metode pengumpulan data melalui studi pustaka. Penelitian ini mengelompokkan putusan yang memiliki amar NO dari tahun 2003 sampai dengan 2018 yang berjumlah 375 putusan. Dari jumlah tersebut, putusan NO yang memiliki pertimbangan hukum sebanyak 71 putusan. Penelitian ini menemukan 3 putusan yang didalam pertimbangan hukumnya terdapat judicial order yakni Putusan 105/PUU-XIV/2016, Putusan 57/PUU-XV/2017, dan Putusan 98/PUU-XVI/2018. Simpulan dari penelitian ini adalah putusan dengan amar Tidak Dapat Diterima yang memuat judicial order selalu berkaitan dengan implementasi putusan yang tidak berjalan sebagaimana mestinya. MK menegaskan kembali sifat final dan binding Putusan MK serta sifat putusan MK yang declatoir konstitutif melalui putusan a quo. Karakteristik judicial order dalam ketiga a quo adalah ketika MK memberikan peringatan konstitusional secara bertahap (gradual). Pada Putusan 105/PUU-XIV/2016 MK menegaskan bahwa pengabaian putusan MK merupakan perbuatan melawan hukum, selanjutnya pada putusan 57/PUU-XV/2017 MK tegaskan sifat putusan yang self executing dan yang paling mendasar adalah pada putusan 98/PUU-XVI/2018 yang menyatakan bahwa lembaga atau masyarakat yang tidak menjalankan putusan MK merupakan pembangkangan terhadap konstitusi. Lahirnya pertimbangan tersebut sebagai ikhtiar menegakkan supremasi konstitusi dan marwah Mahkamah Konstitusi.Decisions of the Constitutional Court in judicial review of the 1945 Constitution of the Republic of Indonesia (1945 Constitution) with an unacceptable verdict or niet ontvankelijke verklaard (NO) generally do not have legal considerations. However, in its development the Court gave legal considerations both on the subject matter and legal position of the Petitioner. This research wants to answer why is the Constitutional Court gives judgment (judicial order) to the case with the unacceptable verdict? What are the legal consequences of legal considerations in the unacceptable verdict on compliance with the Constitutional Court's decision? This research is a normative legal research with data collection method through literature study. This study grouped the decisions that had NO verdicts from 2003 to 2018 totaling 375 decisions. From all of those, NO verdicts that have legal considerations are 71. This study found 3 decisions that have judicial orders in their legal considerations namely Decision 105/PUU-XIV/2016, Decision 57/PUU-XV/2017, and Decision 98/PUU-XVI/2018. The conclusion of this research is that an unacceptable verdict that contains a judicial order is always related to the implementation of a decision that does not work as it should. The Court reaffirmed the final and binding character of the Constitutional Court's decision as well as the character of the Constitutional Court's decision which declared constitutive through a quo decision. The characteristic of judicial order in the three a quo is when the Constitutional Court gives a gradual constitutional warning. In Decision 105/PUU-XIV/2016 the Constitutional Court confirmed that the disregard for the Constitutional Court's decision was an act against the law, then in the decision 57/PUU-XV/2017 the Constitutional Court affirmed the character of the decision that was self-executing and the most basic was the decision 98/PUU-XVI/2018 which states that an institution or community that does not carry out the Constitutional Court's decision is a defiance of the constitution. The birth of these considerations is as an effort to uphold the supremacy of the constitution and the spirit of the Constitutional Court.

Dimensões de um modelo de gestão da informação no campo da Ciência da Informação: uma revelação da produção científica do Enancib | Dimensions of a model of information management in the field of Information Science: a revelation of scientific production

Liinc em Revista ◽

10.18617/liinc.v7i1.389 ◽

2011 ◽

Vol 7 (1) ◽

Author(s):

Irma Gracielle Souza ◽

Emeide Nóbrega Duarte

Keyword(s):

Content Analysis ◽

Information Management ◽

Information Science ◽

Scientific Literature ◽

Theoretical Models ◽

Scientific Production ◽

Management Information ◽

Institutional Affiliation ◽

Scientific Publications ◽

Resumo Baseada nos modelos teóricos da Gestão da Informação esta pesquisa estudou a produção científica do Enancib referente ao grupo temático de Gestão da Informação (GI) e do Conhecimento nas Organizações (GT4). A partir da compatibilização dos modelos utilizados, foi feito um mapeamento das dimensões de GI nos artigos dos Anais do Enancib selecionados no GT4. A coleta dos dados deu-se por meio das técnicas de análise de conteúdo. O estudo caracteriza a produção científica analisada quanto à evolução cronológica do tema e vínculo institucional dos autores dos artigos, além de identificar as dimensões dos modelos teóricos de GI, apresentadas pelos autores na produção científica do Enancib. A partir da reflexão realizada propomos um modelo de Gestão da Informação que retrata o campo teórico da Ciência da Informação.Palavras-chave gestão da informação; Ciência da Informação; produção científica; modelos teóricos; Enancib Abstract Based on theoretical models of information management this research studied the scientific publications related to the theme group in Enancib, Information Management (IM) and Knowledge in Organizations (GT4). From the compatibility of the models used a map was constructed showing the dimensions of IM in the Proceedings, concerning the articles selected in GT4 Enancib. Data collection was done with the techniques of content analysis. The study characterizes the scientific literature reviewed on the chronological development of the subject and institutional affiliation of the authors of articles, and identifies the dimensions of the theoretical models of IM, presented by the authors in the scientific production of Enancib.Upon reflection, we propose a model of Information Management which depicts the theoretical field of Information Science.Keywords information management; Information Science; scientific production; theoretical models; Enancib

PROBLEM ASPECTS OF DEFINITION OF THE CONCEPT OF PREDUDICATION IN THE MODERN CRIMINAL PROCESS

Law Journal of Donbass ◽

10.32366/2523-4269-2020-73-4-163-168 ◽

2020 ◽

Vol 73 (4) ◽

pp. 163-168

Author(s):

Olexiy Scriabin ◽

Keyword(s):

Legal Regulation ◽

Legal Rule ◽

Criminal Proceedings ◽

Criminal Cases ◽

Legal Space ◽

The Subject ◽

The Difference ◽

Definition Of ◽

The article considers the issue of defining the essence of the concept of prejudice in criminal proceedings. Prejudice is a complex and multifaceted concept. Depending on the meaning of the concept, the scope and effect of the institution of prejudice in criminal proceedings may be narrowed or expanded. The approaches of modern scientists to the definition of prejudice are highlighted. Prejudice is a rule of evidence, which establishes the procedure and grounds for use in the process of proof by the investigator, prosecutor, body of inquiry, judge, court of legal conclusions and facts established by those that have entered into force on the basis of the investigator, prosecutor , courts in administrative, commercial, civil or criminal cases, which essentially resolved the case, as those that do not require re-proof. The classification of prejudices according to the scale of application in the legal space is considered; depending on the subordination in legal regulation; by the nature of the connection with other cases; depending on the legislative consolidation; by legal consequences; depending on the subject of legal regulation; depending on the ability of the participants in the process to challenge the prejudice; by the subject of the creation of the prejudice. The problematic aspects of determining prejudices are analyzed. Necessary and important in determining the essence of the concept of prejudice is its distinction with the concepts of presumption, precedent and prejudice. The difference between precedent and presumption is manifested in the fact that precedent contains a legal rule for resolving a legal dispute, and prejudice is an evidentiary rule for the use of facts and legal conclusions. Prejudice and prejudice are not identical, as prejudice is a manifestation of such a characteristic of the legal force of a court decision as binding. The difference between a presumption and a prejudice lies primarily in their scope.

Legal Means of Procuring the Unity Application of the Criminal Procedure Law

Journal of the National Academy of Legal Sciences of Ukraine ◽

10.37635/jnalsu.27(2).2020.156-169 ◽

2020 ◽

Vol 27 (2) ◽

pp. 156-169

Author(s):

Olha Shylo ◽

Nataliia Hlynska

Keyword(s):

Law Enforcement ◽

Scientific Development ◽

General Mechanism ◽

Judicial Reform ◽

Court Decisions ◽

Criminal Proceedings ◽

Judicial Practice ◽

The Subject ◽

The Law

Ensuring the unity of judicial practice is the implementation of the legal certainty principle, which is considered as the part of the rule of law, ensures the predictability of court decisions. At the theoretical level, the issues of the unity of judicial practice are mostly the subject of research in the context of judicial reform and the judiciary, but comprehensive research on this issue in the field of modern criminal justice is almost absent. The purpose of the study is to establish a system of legal means to ensure the unity of judicial practice. The methodological basis of the study was based on general and special methods, namely: dialectical, systematic, formal-legal and logical methods. The authors provide a brief overview of the theoretical provisions that determine the socio-legal value of the unity of law enforcement practice. The concept of "unity of judicial practice" in the field of criminal proceedings is analyzed and it was emphasized the usage of the approach of understanding the unity of judicial practice as a synonym of equal (adjustment) application of procedural and material norms in homogeneous categories of court decisions, which are adopted in the course of criminal proceedings. It is established that the limit of permitted differences in the application of the law is quite flexible and informal. It is established that the quality of the law cannot be assessed in isolation from the practice of its application. The authors also emphasize the instrumental role of judicial practice in the general mechanism of ensuring uniformity of law enforcement. A position was expressed on the role of explanations of the Plenum of the Supreme Court in the general mechanism of ensuring the unity of judicial practice. It is established that the system of legal means to ensure the unity of application of the law in the field of criminal proceedings consists of a set of interrelated elements. The results of the study can be used in further scientific development of the problem of ensuring the unity of judicial practice, scientific substantiation of proposals aimed to improve the current legislation of Ukraine, which regulates the issues that have become the subject of this research

SCIENTIFIC TASKS OF INNOVATION

Innovatics and Expert Examination ◽

10.35264/1996-2274-2019-2-106-116 ◽

2019 ◽

pp. 106-116

Author(s):

Yu.N. Andreev

Keyword(s):

Political Economy ◽

Research Methods ◽

Scientific Literature ◽

Innovation Activity ◽

Scientific Publications ◽

General Picture ◽

Economic Problems ◽

The Core ◽

The article analyzes the subject of innovation as an independent scientific direction, which has its own subject of research. It is shown that in scientific literature on innovation, including monographs and textbooks, there is no distinction between traditionally economic problems and problems of innovation activity. At the same time, opposite processes are taking place: private issues of economics are included in innovation, but the concepts of political economy, which form the basis of the methodology of economics, are not used. As a result, questions that constitute the core of the theoretical problems of innovation remain outside the scope of attention. The general picture of ideas about the subject of innovation in scientific publications is shown. Opinions are expressed on the features of research methods of innovation. Some scientific and practical problems are presented, which should be responded by innovation.

Criminalistics characteristics of official forgery

Herald of criminal justice ◽

10.17721/2413-5372.2019.3/90-99 ◽

2019 ◽

pp. 90-99

Author(s):

D. Serhieieva ◽

Z. Toporetska

Keyword(s):

Scientific Literature ◽

Scientific Research ◽

Criminal Activity ◽

Criminal Proceedings ◽

Criminal Process ◽

Criminal Offense ◽

In the article, based on the analysis of scientific literature on criminalistics and criminal process, the analysis of criminalistics characteristics features of official forgery. It is justified that official forgery is a crime that is used to commit the majority of corruption crimes. In most cases, the causes and conditions of its commission are related to the factors that contribute to the commission of corruption and official misconduct, as in most cases, official forgery accompanies them. The purpose of this article is to study the criminalistics characteristics of office counterfeiting. The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components – elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The following elements of f criminalistics characteristics of official forgery are analyzed in the article: the identity of the offender, the subject of direct criminal assault, the method of committing the crime, the following picture. The criminalistics characteristics of official forgery allows to distinguish it from other crimes, in particular from forgery of documents, as well as crimes committed through forgery. The criminalistics characteristics of official forgery facilitates the identification of the circumstances to be proven in criminal proceedings for crimes of this kind and the planning of their investigation. At the same time, during the investigation of crimes of this kind, there are a number of problems that need further resolution, and therefore the issue requires separate scientific research, which will be the subject of further scientific research.

PERLINDUNGAN HUKUM TERHADAP CALON ADVOKAT YANG SEDANG MAGANG PADA KANTOR HUKUM BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT

ARGUMENTUM Jurnal Magister Hukum ◽

10.24123/argu.v6i1.1860 ◽

2019 ◽

Vol 6 (1) ◽

pp. 1104-1124

Author(s):

Martin Luter Ndaparoka

Keyword(s):

Legal Status ◽

Criminal Procedure ◽

Criminal Case ◽

Public Prosecutor ◽

Judicial Process ◽

The Public ◽

Procedure Code ◽

Legal Position ◽

The Subject ◽

The subject matter of the study of the effect of the law on the judge's decision to ignore the litis contestatio in the criminal acts of corruption, with the problem of how the legal position of the indictment in the judicial process against a criminal act of corruption and what the legal consequences if the judge's decision on a crime occurred ignore litis contestatio. Approach of concepts and case approach, the following conclusions are obtained: Legal Status The indictment in a criminal case of corruption which is one of the most fundamental principles in the criminal process is the necessity of making an indictment and the judge may only decide on the basis of the facts, less or more. The indictment is viewed as litis contestation. The indictment is the basis for the judge in examining and adjudicating a criminal case and the Judge's Decision on a case involving STA in a criminal act of corruption in Judge Consideration based solely on facts in the hearing does not comply with the provisions of article 182 paragraph (4) of the Criminal Procedure Code, If the provisions of the articles charged by the Public Prosecutor are not legally and convincingly proven, the Judge shall award the decision or the vrijspraak as determined in Article 191 paragraph (1) of the Criminal Procedure Code, and if not in accordance with Article 197 paragraph (2) of the Criminal Procedure Code then the verdict will be null and void.

Genetic Research and Hungarian "Deep Ancestry"

Hungarian Cultural Studies ◽

10.5195/ahea.2011.27 ◽

2011 ◽

Vol 4 ◽

pp. 1-9 ◽

Cited By ~ 1

Author(s):

Nándor Dreisziger

Keyword(s):

Central Europe ◽

English Language ◽

Scientific Literature ◽

Genetic Research ◽

Scientific Publications ◽

Genetic Studies ◽

New Science ◽

The Past ◽

The past few decades saw the birth of the new science of genetics that can be used not only for medical purposes but also for the study of the past. Geneticists were quick to begin applying this science to the examination of Hungarian history, especially the subject of Hungarian origins. The purpose of this paper is to acquaint the reader with some of these studies. One study this paper will examine is itself a review of the scientific literature of early genetic studies on Hungarian origins. Other studies evaluated in this paper will be the English-language scientific publications of a team of Hungarian geneticists who over the last several years have studied the genetic inter-relatedness of 10th century and present-day Hungarian populations in the Middle Danube Valley of Central Europe. The paper comes to the conclusion that while very early genetic inquiries into Hungarian origins were often fault-ridden and are of little use now, more recent studies suggest that the currently held explanations of Hungarian ethnogenesis — especially the story of the so-called Hungarian conquest of the late 9th century — might very well be subjected to a fundamental re-assessment.