scholarly journals El Tribunal del Jurado y la Conexión Penal

2021 ◽  
Vol 13 (13) ◽  
pp. 283-301
Author(s):  
José María Lombardero Martín
Keyword(s):  
Legal Regulation ◽  
Judicial System

The objective of this presentation is to analyze and clarify the complex aspects of the objective competence of the Jury Court twenty-five years after the institution was put into operation in the Spanish judicial system. It will be found that inaccuracies in its legal regulation have made it possible for the Procedure before the jury, with hardly any legislative modification, to increase its complexity and the effort it entails for the courts and citizens. This study proposes the reform of the institution of the Jury Court at a first level in terms of its competence, clarifying and simplifying it, and at a second level (which does not exclude the first) by introducing changes in the procedure of the instructions to the jury and the deliberation that allow citizens to face with better possibilities the task of issuing and motivating their Verdict.

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

scholarly journals Optimization of justice: administrative offense cases in Russia

2021 ◽  
pp. 145-154
Author(s):  
O. V. Pankova
Keyword(s):  
Legal Regulation ◽  
Judicial System ◽  
The Other ◽  
Social Significance ◽  
The Social ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Simplified Procedure ◽  
Special Rights ◽  
Administrative Penalty

The article is devoted to the study of the problems of legal regulation of jurisdiction and jurisdiction of cases of administrative offenses in the light of the forthcoming reform of administrative tort legislation. The author shows how the issues of optimizing jurisdiction and jurisdiction in such cases are related to solving the problem of ineffectiveness in the administration of justice in the sphere of administrative-tort relations and restoring the systemic character of legislative regulation of administrative responsibility, establishing clear criteria for the distribution of cases of administrative offenses between judicial and non-judicial bodies, with one hand, and within individual links of the judicial system — on the other. Particular attention is paid to substantiating the need to establish a predominantly out-of-court procedure for considering cases of administrative offenses. At the same time, it is emphasized that the optimization of the administrative and jurisdictional activities of the courts should be associated with such factors as the social significance and direction of the unlawful act, as well as the severity of administrative punishment. In this regard, the appointment of administrative punishments in the form of a warning, deprivation of special rights and administrative expulsion in the form of an independent departure from the Russian Federation is proposed to be attributed to the exclusive competence of the executive authorities.With regard to an administrative fine, the author concludes that only in cases where the size of the fine is comparable to a more severe administrative penalty or the amount of increased fines established for crimes in similar areas of activity, its imposition should be attributed to the exclusive competence of the court.In certain cases, it is also proposed to introduce a simplified procedure for considering cases in the courts on the imposition of an administrative fine.

scholarly journals The Role of the Russian Judicial Reform in Improving Judicial and Pre-Trial Proceedings in the Criminal Procedure in Modern Times

2020 ◽  
Vol 15 (7) ◽  
pp. 121-128
Author(s):  
T. I. Otcheskaya ◽  
N. V. Mishakova
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Judicial System ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
Modern Times ◽  
Legal Method ◽  
Russian State ◽  
Empirical Research Methods

The judicial reform implemented in the Russian Federation and the ongoing judicial construction remain the most important directions of state policy. The paper contains a comprehensive analysis of the organizational foundations of the judiciary, an understanding of the constitutional principles of the judicial system and its features, and includes a study of criminal procedure legislation at various stages of the formation of the Russian state. The methodological basis of the study is a combination of theoretical and empirical research methods. The combination of the analytical and comparative legal method made it possible to form an idea of the evolution of the judicial system and criminal procedure legislation, to compare the legal acts regulating the judicial system and legal proceedings, which made it possible to draw conclusions about the achievements and shortcomings of legal regulation of the area in question. In general, the authors conclude that the reform of the judiciary is positive, since it will increase the accessibility, effectiveness and transparency of justice — the triumph of justice based on the rule of law.

scholarly journals The History of the Formation of Judicial Regulation in the Military Judicial System of Russia

2021 ◽  
Vol 4 ◽  
pp. 17-22
Author(s):  
Kirill V. Legkov ◽  
Keyword(s):  
Military Personnel ◽  
Legal Regulation ◽  
Judicial System ◽  
State Structure ◽  
Historical Sources ◽  
Scientific Publications ◽  
Judicial Practice ◽  
History Of ◽  
Judicial Protection ◽  
The Military

Based on the analysis of historical sources, scientific publications and judicial practice, the article examines the little-studied issues of the emergence and formation of legal regulation in the military-judicial system of Russia of this type of judicial activity as judicial regulation, which has an important role in the judicial protection of the rights of military personnel against the background of the formation of the modern state structure of the country.

scholarly journals Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

2020 ◽  
pp. 352-356
Author(s):  
Anna Kochkova ◽  
Maryna Dei
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Judicial System ◽  
Labor Rights ◽  
Judicial Reform ◽  
Council Of Europe ◽  
Association Agreement ◽  
The Impact ◽  
Selection Of ◽  
The Eu

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU. The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge. The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine. Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

scholarly journals SYSTEM OF PRINCIPLES OF LEGAL REGULATION

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 89-97
Author(s):  
В. О. Журавель
Keyword(s):  
Rule Of Law ◽  
Social Protection ◽  
Legal Regulation ◽  
Judicial System ◽  
Public Authorities ◽  
Protection Measures ◽  
Application Of Law ◽  
Social Risks ◽  
Maximum Range ◽  
And Control

The relevance of the article is that the principles of legal regulation of social protection of employees of the judiciary will indicate the basic values that should unite the rules of law in this area. Establishing a system of principles will improve their interpretation and subsequent implementation, both by the judiciary itself and by officials of authorized public authorities. In addition, the disclosure of the content of the principles of legal regulation of social protection of employees of the judiciary will address a number of gaps in the legislation caused by inaccurate wording or lack of coordination between the rules of law of various legislative acts. It is emphasized that the principle of publicity and control of the legal regulation of social protection of employees of the judicial system is to ensure the legitimacy of receiving social protection and verification of the grounds for its receipt by employees of the judicial system. This principle guarantees the effectiveness and correctness of the application of all the above principles, as it prevents discrimination and abuse of rights, misuse of budget funds. It was found that the essence of the principle of differentiation for the legal regulation of social protection of judicial staff is the adaptation of law to the specifics of a particular position to ensure coverage of the maximum range of social risks and the establishment of appropriate social protection measures. The principle of differentiation should not create social inequality or artificial value for individual members of the judiciary. Thus, based on the study, it is possible to conclude that the principles of legal regulation of social protection of judicial staff are a single system that indicates the correct interpretation and application of law, as well as determines what legal ideas and values should be maintained or improved under time to reform the legislation. It is important that the principles of legal regulation of social protection of employees of the judiciary are enshrined not only within one article of the law, but are reproduced in every rule of law.

scholarly journals Judicial Law-making and Its Regulation in Independent Ukraine: Its History and Development

2021 ◽  
Vol 4 (3) ◽  
pp. 82-100
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Legal Regulation ◽  
Judicial System ◽  
Judicial Power ◽  
Constitutional Court ◽  
Judicial Reform ◽  
The Supreme Court ◽  
History Of ◽  
Law Making

The article studies the history of the origin and development of legal regulation of judicial law-making in Ukraine. The analysis of doctrinal ideas about judicial law- making, as well as the peculiarities of its formation in Ukraine, allowed us to emphasise that our scientific research is relevant because of: 1) the duration of the domestic judicial system and judicial reform, which dates back to the proclamation of Ukraine’s independence (1991) and continues to this day; 2) the ambiguity of the legal support for judicial law-making in Ukraine, the high level of its variability, and the uncertainty of the legal status of the subjects of judicial power in the mechanism of domestic law-making; 3) the doctrinal uncertainty of the place of judicial law-making in the domestic legal system, the ambiguity of its scientific perception, and the understanding of its function in the domestic mechanism of legal regulation. This paper analyses the provisions of the legislation of Ukraine in terms of legal support for forms and procedures of judicial law-making, the legal significance of judicial law-making acts, and their impact on administering justice in Ukraine. Particular attention is paid to the activities of the judiciary in the areas of law enforcement and law-making, the relationship and interaction of which requires strengthening in the current context of reforming the judicial system and the judiciary in Ukraine. The stages of development of the legal regulation of judicial law-making in Ukraine are revealed, the peculiarities of the legal support for judicial law-making are determined, and the content of the legal regulation of the mechanism of participation of the subjects of the judicial power of Ukraine in the national law-making is characterised. Analysis of the history of the legal regulation of judicial law-making in Ukraine and the current state of its legal provision allowed us to conclude that despite the scale of legislative changes in the legal support for the judicial system of Ukraine today, neither the Supreme Court, nor the Constitutional Court of Ukraine, nor any other court institution is recognised by the legislation of Ukraine as subjects of law-making. The legislation of Ukraine does not contain a clear definition of their status as the subject of law-making with the right to accept generally obligatory acts of this process. It is noted that such uncertainty significantly weakens both the legal support for the courts and their activities. At the same time, it is noted that as a result of the adoption of legislative acts within the judicial reform during 2014-2017, which are still in force today, the legislator has made a significant step towards recognising and consolidating the official status of judicial law-making, namely: 1) a number of legislative powers of the Supreme Court and the Constitutional Court of Ukraine were consolidated; 2) the legislative regulation of the stages of the law-making process by the Supreme Court and the Constitutional Court of Ukraine has been strengthened; 3) the legal consolidation of the status of law-making acts of the Supreme Court and the Constitutional Court of Ukraine has been improved.

The judicial system at the stage of the formation of the Soviet state as the most important element of the state legal system: the activities of the revolutionary tribunals

2022 ◽  
pp. 115-121
Author(s):  
I. D. Changli
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Judicial System ◽  
Soviet State ◽  
Early Stages ◽  
Further Development

This article examines the main historical, ideological, social and other factors that determined the emergence of the judicial system of the Soviet state (RSFSR) during its formation in 1917-1922, as well as the main patterns of its further development, features of legal regulation of the activities of courts and extraordinary judicial bodies, as well as the views of Soviet jurists on the essence and importance of courts in building socialism in the early stages of its development.

scholarly journals Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights

2018 ◽  
Vol 28 (4) ◽  
pp. 16-22
Author(s):  
M. Dei ◽  
A. Kochkova
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
Judicial System ◽  
International Standards ◽  
Labor Rights ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
The Status ◽  
Protection Of Human Rights

The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.

scholarly journals FEDERAL PATENT COURT OF GERMANY AS AN INSTITUTE FOR THE PROTECTION OF PATENT RIGHTS

2020 ◽  
Vol 24 (4) ◽  
pp. 1024-1038
Author(s):  
Karina V. Kirilova
Keyword(s):  
Federal Court ◽  
Legal Regulation ◽  
Patent Law ◽  
Judicial System ◽  
Federal Republic Of Germany ◽  
Patent Rights ◽  
Long Time ◽  
German Model ◽  
General Scientific ◽  
Judicial Protection

The establishment of the Institute for the protection of patent rights, namely the establishment of the Federal patent court of Germany, has passed a rather difficult historical path. Interest to protection of patent rights was first identified in 1877, and that year the Patent law came into force; it is still relevant with a new version dated December 16, 1980. The German Federal patent court was established on 1 July 1961 as an independent Federal court. Strife for its establishment was conducted for a long time; it was accompanied by the need to introduce qualified specialists into that system, so called technical judges. The relevance lies in the borrowing of the German model of organization and functioning of the Federal patent court of the Federal Republic of Germany by other States to regulate the work of such a body in the judicial system of the country. The purpose of this article is to study the Institute for intellectual property protection in Germany. The author pays attention to the place and role of the Federal patent court of Germany in the German judicial system, as well as examines the legal regulation of the activities, structure and formation of the Federal patent court of Germany. The methodology of the research consists of the General scientific dialectical method of cognition and the methods that stem from it: systemic, logical, special-legal and statistical. In conclusion, the author of the study argues that today the most effective tool in ensuring and restoring violated intellectual rights is judicial protection, because the process of reviewing complaints in court contributes to finding objective solution to the dispute and allows restore the violated rights.

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