Efficient Verification Proceedings in a Civil and Arbitration Procedure

Arbitrazh-civil procedure ◽

10.18572/1812-383x-2020-12-38-42 ◽

2020 ◽

Vol 12 ◽

pp. 38-42

Author(s):

Sergey A. Kurochkin ◽

Keyword(s):

Civil Procedure ◽

Present Stage ◽

Important Condition ◽

Effective Implementation ◽

Fourth Level ◽

Arbitration Procedure ◽

The Right ◽

Judicial Error ◽

Efficient Verification

Judicial instances are the factors of key importance in ensuring the effectiveness of court protection, an important condition for the effective implementation of the right to correct a judicial error, and minimize the costs of civil litigation. What is the role of appeal and cassation in ensuring the efficiency of Russian civil procedure at the present stage? Do verification procedures need to be rationalized at a fourth level? The answers to these questions are offered.

Download Full-text

Essence and significance of legislation systematization in Ukraine

Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav ◽

10.31733/2078-3566-2020-4-101-106 ◽

2020 ◽

Vol 4 (4) ◽

pp. 101-106

Author(s):

Nataliya Obushenko

Keyword(s):

Law Enforcement ◽

Public Relations ◽

Effective Means ◽

Legal Education ◽

Law Enforcement Agencies ◽

Public Authorities ◽

Effective Implementation ◽

The Right ◽

Further Development

The article highlights that the systematization of legislation is an essential measure on the path to European integration of our country, as well as that the systematization allows improving and streamlining legislation for ease of application and effective implementation in practice. The article reveals that the role of systematization of legislation is to create all the necessary conditions for its further development, to get rid of gaps and shortcomings in it and to ensure its internal unity. The article clarifies that the systematization of legislation creates opportunities to quickly find and correctly interpret all the necessary regulations, which provides a purposeful and effective legal education of society. Systematization of legislation becomes important in reviewing the sources of law, orientation in the system of legislation, for the adoption of new regulations by law enforcement agencies in coordination with all regulations, addressing obsolete acts and finding the most effective means of regulatory regulation of public relations. In the article, the systematization of legislation should be understood as a set of organizational and legal actions defined by the current legislation of Ukraine, which is carried out by authorized public authorities to bring existing regulations into a single internally coordinated system that improves overall efficiency. Systematization is a process of organizing individual elements, creating the right conditions for them to cooperate and interact with each other. Systematization is one of the main factors of purposeful and effective legal education (formation of legal awareness) and research in the field of student education.

Download Full-text

Legal and Historical Perspective on Public Character of Cassation Complaint in Polish Civil Procedure

Studia Iuridica ◽

10.5604/01.3001.0013.5475 ◽

2019 ◽

Vol 81 ◽

pp. 247-266

Author(s):

Kinga Flaga-Gieruszyńska

Keyword(s):

Legal System ◽

Historical Perspective ◽

Civil Procedure ◽

Legal Aid ◽

Effective Implementation ◽

Starting Point ◽

Scope Of Application ◽

Public Character ◽

The Right

The text discusses the problem of mandatory representation by a lawyer as one of the legal solutions that are crucial for access to courts. The starting point for the author’s deliberations is the analysis of the institution of legal aid of a professional representative in litigation, which – along with other constructions – constitutes a guarantee of effective implementation of the right to court in civil matters. Against the background of these considerations, the author presents the construction of mandatory representation by a lawyer in the Polish legal system, with particular emphasis on its subjective and objective scope. These considerations are complemented by de lege ferenda conclusions, relating, among other things, to projects considered in the Polish doctrine concerning the extension of the scope of application of mandatory representation to proceedings before the court of second instance.

Download Full-text

The Meaning of Pleadings of the Parties and Third Persons in the Delivery of a Legitimate and Substantiated Judgment in Civil Proceedings

Court administrator ◽

10.18572/2072-3636-2021-1-34-37 ◽

2021 ◽

Vol 1 ◽

pp. 34-37

Author(s):

Natalya N. Tkacheva ◽

Keyword(s):

Russian Federation ◽

Civil Procedure ◽

Third Parties ◽

Important Condition ◽

Procedure Code ◽

Forensic Examination ◽

Civil Proceedings ◽

The Russian Federation ◽

Rights And Interests ◽

The Right

Justice in the Russian Federation is carried out according to the rules established by the civil procedure code of the Russian Federation. As the primary and most important condition of justice and a guarantee of protection of the rights and interests of interested persons, by making a legal and justified decision, the need for the court to establish the actual circumstances of the case is highlighted. The means by which the court is able to reconstruct the picture of what happened include evidence, that is, the evidence of a crime. information obtained by legal means about the facts by which the court can determine the presence or absence of circumstances justifying the position of the parties, as well as other circumstances. Explanations of the parties and third parties are mandatory and primary evidence in civil proceedings. Whether the party’s position is true and justified, and how other means of proof, such as the results of a forensic examination, or testimony, relate to the party’s explanations, will determine the outcome of the dispute in court and, accordingly, the satisfaction or refusal to satisfy the claims. Abuse of the right to appeal to the court, as well as lying in court is an unacceptable, so one of the tasks of the court is to properly consider the case by establishing all the circumstances of the case, including the explanation of the parties and third parties, in order to protect the violated or disputed right.

Download Full-text

Enforcing Patent Rights

Patents for Chemicals, Pharmaceuticals, and Biotechnology ◽

10.1093/oso/9780199684731.003.0012 ◽

2016 ◽

Author(s):

Philip W. Grubb ◽

Peter R. Thomsen ◽

Tom Hoxie ◽

Gordon Wright

Keyword(s):

Civil Procedure ◽

Federal Courts ◽

Patent Law ◽

Patent Infringement ◽

Anglo Saxon ◽

Patent Rights ◽

The Us ◽

The Uk ◽

The Right

This chapter discusses patent law enforcement in the UK, US, Continental Europe, and Asia, first considering the rules on infringement. In the UK, for instance, patent infringement is not a crime, but a tort. Essentially, the right given by a patent is the right to sue for infringement. While this is true for all countries having an Anglo-Saxon legal system and also for many others, there are some countries in which patent infringement is a criminal offence. With regard to procedure, matters of patent law are under the sole jurisdiction of federal courts in the US. In the UK, nearly all infringement actions are heard by the courts and regulated by the Civil Procedure Rules 1998. In Continental Europe, most of the evidence is written, rather than oral, and the role of the judge is seen more as that of an investigator than that of a referee.

Download Full-text

CONSIDERATIONS RELATING TO CERTAIN ASPECTS OF THE APPEAL IN THE CRIMINAL PROCEDURE

Agora International Journal of Juridical Sciences ◽

10.15837/aijjs.v10i2.2803 ◽

2016 ◽

Vol 10 (2) ◽

pp. 12-18

Author(s):

Barbu Denisa

Keyword(s):

Preventive Measures ◽

Point Of View ◽

Criminal Proceedings ◽

Judicial Control ◽

Legal Remedies ◽

The One ◽

The Right ◽

Judicial Error ◽

Criminal Matters

The appeal constitutes a judicial mechanism made available to consumers and to the Prosecutor that aims straight for errors committed by a Court of law in its approach of jurisdiction. The term judicial error must be understood in this context as defined in its broad, drawing together both errors of fact and errors of law. Therefore, the appeal is made for the one dissatisfied with the Court decision as a veritable juridical panacea.The role of the right of appeal is not limited to conferring the possibility of requesting a new retrial of the case. They serve the interests of private individuals higher interests, being accused of public order needs. Thus, the existence of remedies is required by principles such as finding out the truth, the right to a fair trial and the reasons for the population’s confidence in the judiciary or the respect due to justice.The new code of criminal procedure1 has reformed the system of appeal may be exercised in criminal matters, giving them a generous space between regulators, art. 408 and 470. We meet thus, in penal matters, the following remedies: appeal, opposition, and cancellation, opposition in cassation, review and reopening of criminal trial resulting from the absence of the person convicted. Distinct from these, we encounter the complaint which may be made against preventive measures (judicial review and judicial control on security) prepared by the Prosecutor during criminal proceedings and which is addressed to judge rights and freedoms. Still exemplifying, we may meet and demand the cancellation or reduction of the fine, governed by art. 284 of NCPP, and the examples do not stop there. We must note that, in our opinion these latter examples may be considered legal remedies only in the usage of the term largo sensu „remedy”. From the etymological point of view, the appeal originates in French, designating a claim appel, a calling application, a request etc. addressed to persons or institutions in order that the latter to settle claims by the appellant.

Download Full-text

TO THE ISSUE OF THE STATE OF RESTORATIVE JUSTICE IN UKRAINE AT THE PRESENT STAGE

Constitutional State ◽

10.18524/2411-2054.2021.41.225588 ◽

2021 ◽

pp. 83-95

Author(s):

K. Yu. Karmazina Karmazina ◽

M. O. Khrapitska

Keyword(s):

Restorative Justice ◽

Criminal Liability ◽

The State ◽

Final Decision ◽

Legal Aid ◽

Present Stage ◽

Criminal Proceedings ◽

Criminal Offense ◽

The Right

The purpose of the article is to study the roles of the prosecutor and the lawyer in reconciling between the victim and the suspect (accused) in Ukraine at the present time and to examine the possibility of increasing their participation in the reconciliation between the parties in the future. Reconciliation between victim and suspect (accused) in committing of a criminal offense as the centerpiece of the restorative justice in Ukraine today takes place outside of criminal proceedings, but it may have important substantive and procedural consequences in it. It can be considered as a mitigating circumstance in sentencing and even give rise to release the suspect (accused) from criminal liability. With the importance of reconciliation not only for the victim and the suspect, but also for the state, the question about scope of prosecutor`s powers as a procedural chief in criminal proceedings remains relevant. Such powers must be effective for facilitation such reconciliation, and at the same time they must prevent the unjustly avoidance of liability. It is also equally important to clarify the role of lawyers and the system of free secondary legal aid in restorative justice in Ukraine. The authors analyzed in the paper the normative regulation of the prosecutor's and the lawyer`s powers related to the reconciliation between the parties and the mechanism for the application of the restorative justice for its sufficiency and ability to provide the necessary mechanisms for implementing the provisions of the law. The authors found such gaps and differences in law regulation that hinder the development of conciliation practices in national criminal proceedings. The authors also examined the data of official state registers and revealed negative trends in the participation of the prosecutor in taking the procedural decisions based on the successful reconciliation between the victim and the suspect (accused). This gives reason to claim that the prosecutor's participation in reconciling between the victim and the suspect (accused) currently does not take into account neither the interests of the parties nor the state's interests in reducing the workload on the judicial and penitentiary systems and resolving other issues that accompany the existing punitive approach. In view of this, the authors proposes to make a number of changes to national legislation in order to eliminate those legal gaps that negatively affect the implementation of rules that guarantee the right to reconciliation and determine the admission of its positive results during making a final decision by court. In addition, the authors also emphasizes the necessity and practical feasibility of introducing a new model of the prosecutor`s participation in reconciling between the victim and suspect (accused) and giving him the right to initiate mediation with the consent of the parties. Such rules will also require the establishment of some additional provisions that will form a comprehensive implementation mechanism and serve as a guarantee of the interests of the victim and suspect (accused). As an example the authors used the rules of Criminal Procedure Act of the Republic of Slovenia. The authors also explored the main provisions and first results of The Pilot Project «Restorative Program for Juveniles Suspected of Committing a Criminal Offense». This project is the first attempt to expand the prosecutor's involvement in reconciling between the victim and the suspect (accused). The authors made conclusions about the real state of restorative justice in Ukraine at the present stage and the role of lawyers in it, taking into account the analysis of unique data collected from the Regional Centers for Free Secondary Legal Aid in Odesa, Mykolaiv and Kherson regions.

Download Full-text

The Chief and His Sacral Power

wisdom ◽

10.24234/wisdom.v1i6.64 ◽

2016 ◽

Vol 1 (6) ◽

pp. 72

Author(s):

Sergey Davydov

Keyword(s):

Complex Form ◽

Qualitative Change ◽

Central Place ◽

Community Members ◽

Important Condition ◽

Cultural Life ◽

Symbolic Resource ◽

The Stability ◽

The Right

The emergence of the chiefdom is associated with a qualitative change in the nature of political power. Unlike the bigman, who was constantly forced to prove the right on the authority by his actions, the chief uses to strengthen his authority a new, unprecedented means. He becomes the mediator between the community members and the deities, and largely because of this he increasingly distances himself from the bulk of the congregation. Often the chief transferred his functions to assistants, that to deduce himself from the blow of criticism for mistakes and miscalculations of his policy, taking the role of the sacral authority owner. The chief’s authority has strengthened even more due to the fact that the chief often have arrogated to oneself the right to carry out religious rites.Occupying a central place in the political, social and cultural life of the archaic society, representing the stability and the prosperity, the chiefs became a sort of pivot point for the whole structure of the worldview of the ancient human. As such, the chief appropriated additional symbolic resource which he used to further consolidate his power. He surrounded himself with professional assistants and soldiers, he strengthened institutions for the transfer of power. Thus, the sacralization of the chief’s power becomes an important condition of the society’s transformation from chiefdom to more complex form of social organization – to the early state.

Download Full-text