scholarly journals Availability of Justice and Optimization of Procedure within the Framework of a Procedural Reform (on the Example of Provisions on Terms of Case Review by First Instance Courts)

2020 ◽  
Vol 11 ◽  
pp. 6-8
Author(s):  
Aleksandr G. Pleshanov ◽  
Keyword(s):  
Access To Justice ◽  
Case Review ◽  
General Terms ◽  
Procedural Reform

In this article the author analysis сchanges made to the procedural legislation of Russia as part of the reform 2018 with regard to the ratio of the idea of optimization and the principle of access to justice. The main object of analysis is general terms of consideration of cases in courts of first instance.

Ensuring Human Rights in Criminal Proceedings in the Context of a Pandemic

2020 ◽  
Vol 11 ◽  
pp. 99-104
Author(s):  
O. V. Kachalova ◽  
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Public Interests ◽  
The Rule Of Law ◽  
Emergency Situations ◽  
General Terms ◽  
Private And Public

The coronavirus pandemic has put a number of legal issues on the agenda of the world community – how to ensure the rule of law in the face of the need to save the lives and health of many people, how to achieve a reasonable balance in the ratio of various human rights in a pandemic situation, how to determine the criteria for proportionality of restrictions on essential human rights. The criminal justice authorities and courts have a serious task to ensure human rights, achieve the effectiveness of criminal proceedings and access to justice in the context of the coronavirus pandemic, on the one hand, and take the necessary measures to ensure the safety of persons involved in criminal proceedings, including their own, from the threat of COVID-19 infection, on the other. Measures that restrict human rights in the context of a pandemic must be implemented in accordance with the principles of the rule of law, respect for human rights, the rule of law, legal certainty and proportionality. Proportionality can be established by determining a reasonable balance of private and public interests in each particular situation, through an assessment of the affected interests in terms of their significance. In General terms, the rights and freedoms that provide the most significant benefits are given priority. The criteria for determining a reasonable balance between private and public interests and for resolving an emerging conflict of human rights are determined taking into account the immediate circumstances of the case (the epidemiological situation, the state of health of participants in the process, the urgency and significance of the proceedings for participants in criminal proceedings and the interests of justice, the ability to ensure the necessary sanitary and epidemiological requirements). The coronavirus pandemic has put on the agenda the issue of creating a strategy for the transformation of criminal justice institutions in emergency situations, when the normal mode of criminal proceedings is impossible due to objective reasons.

scholarly journals Streamlining Justice: How Online Courts Can Resolve the Challenges of Pro Se Litigation

2018 ◽  
Author(s):  
Ayelet Sela
Keyword(s):  
Public Policy ◽  
Dispute Resolution ◽  
Justice System ◽  
Policy Design ◽  
Empirical Test ◽  
Access To Justice ◽  
Technological Properties ◽  
Online Dispute Resolution ◽  
Efficient Access ◽  
Procedural Reform

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 2 , Article 3. The tide of pro se litigation in the American justice system imposes significant constraints on self-represented litigants’ (SRLs) access to justice and courts’ ability to administer justice. Mitigating the challenges requires a systemic institutional and procedural reform. Advancing this approach, the Article proposes that online courts would alleviate many of the challenges associated with pro se litigation, and puts this proposition to an empirical test. To that end, the Article analyzes the challenges experienced by SRLs and courts and models the procedural and technological properties that would promote SRLs’ “day in court” as well as courts’ provision of fair and efficient access to justice. Based on the analysis and on a review of successful implementations of judicial online dispute resolution (JODR) systems, the Article proposes a detailed policy design framework for a JODR system for pro se litigation. Finally, the Article reports and discusses the results of an experiment evaluating the effect of the proposed framework on SRLs’ procedural justice experiences.

The importance of a holistic approach to stoma care: A case review

WCET Journal ◽  
2019 ◽  
pp. 23-32
Author(s):  
Melanie C Perez
Keyword(s):  
Ileal Conduit ◽  
Enterocutaneous Fistula ◽  
Foley Catheter ◽  
Holistic Approach ◽  
Comprehensive Care ◽  
Case Review ◽  
High Output ◽  
Stoma Care

This case review discusses the importance of providing a holistic approach to the care of a patient with two stomas and an enterocutaneous fistula. In this case, the stomas and fistula significantly affected the patient; not just physically but emotionally and socially. The different challenges that arose in pouching a high-output ileostomy, enterocutaneous fistula and ileal conduit with Foley catheter in situ are explored. It also delves into the various options for discharging a patient with complex ostomy complications requiring different needs and resources. Finally, it aims to highlight the therapeutic comprehensive care the stomal therapy nurse provided to the patient and their family.

Computing Cores for Existential Rules with the Standard Chase and ASP

2020 ◽  
Author(s):  
Markus Krötzsch
Keyword(s):  
Large Class ◽  
Data Exchange ◽  
Answer Set Programming ◽  
Query Answering ◽  
Universal Model ◽  
The Core ◽  
Universal Models ◽  
General Terms ◽  
Special Cases ◽  
The Many

To reason with existential rules (a.k.a. tuple-generating dependencies), one often computes universal models. Among the many such models of different structure and cardinality, the core is arguably the “best”. Especially for finitely satisfiable theories, where the core is the unique smallest universal model, it has advantages in query answering, non-monotonic reasoning, and data exchange. Unfortunately, computing cores is difficult and not supported by most reasoners. We therefore propose ways of computing cores using practically implemented methods from rule reasoning and answer set programming. Our focus is on cases where the standard chase algorithm produces a core. We characterise this desirable situation in general terms that apply to a large class of cores, derive concrete approaches for decidable special cases, and generalise these approaches to non-monotonic extensions of existential rules.

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