scholarly journals The role of the advocate in the ensuring the unity of the judicial practice in civil cases

2021 ◽  
Author(s):  
O. I. Popov
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Civil Process ◽  
Judicial Practice ◽  
Active Subject ◽  
The Supreme Court ◽  
The Status ◽  
Civil Cases ◽  
Grand Chamber ◽  
The Individual

The presented work highlights the possible ways of the advocate's influence on the implementation by the Supreme Court of the function of ensuring the unity of judicial practice in civil cases. Without denying the status of the Supreme Court as a central institution in the field of forming unified approaches to law enforcement, attention is focused on the fact that the dynamics of procedural legislation in terms of regulating procedures for access to cassation in civil cases allows us to rethink the mission and content of the representative function of a lawyer at the appropriate stage of the civil process. Based on the analysis of the current edition of the Civil Procedure Code of Ukraine, it is argued that the ability of the advocate to be an active subject of influence on the formation of a unified law enforcement practice is most noticeably manifested when overcoming existing filters of access to cassation, in particular, when applying to the Supreme Court with a cassation appeal, which today demands from the advocate extended argumentation when proving the existence of grounds for cassation revision, with a thorough analysis of the established practice of the cassation court and, at times, giving reasons for the need to deviate from such practice and form new law enforcement approaches.          Along with the above, among the individual methods of influence of the advocate on ensuring the unity of judicial practice, the filing of a petition for the suspension of proceedings on the basis of a review of a court decision in similar legal relations (in another case) by way of appeal by the chambers of the Supreme Court, as well as a petition to transfer the case for consideration The Grand Chamber of the Supreme Court in connection with the need to resolve an exceptional legal problem.

Slovo of the National School of Judges of Ukraine

2021 ◽  
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Case Law ◽  
Judicial Reform ◽  
Council Of Europe ◽  
Judicial Practice ◽  
National School ◽  
The Supreme Court ◽  
Grand Chamber ◽  
The Impact

The special edition of the national professional scientific and practical legal magazine “The Slovo of the National School of Judges of Ukraine” was published, which contains reports delivered at the online conference "Ensuring the unity of judicial practise: the legal positions of the Grand Chamber of the Supreme Court and standards of the Council of Europe", held on the occasion of the third anniversary of the Grand Chamber of the Supreme Court. time of thematic sessions and webinars for judges of each of the courts of cassation in the Supreme Court, as well as joint sessions for judges of different jurisdictions at the end of 2020. The National School of Judges of Ukraine held these events together with the Supreme Court and in synergy with the Council of Europe projects "Support to Judicial Reform in Ukraine", "Further Support for Ukraine's Implementation in the Context of Article 6 of the European Convention on Human Rights", USAID New Justice Program, OSCE Project Coordinator in Ukraine. These are projects that support various aspects of judicial reform in Ukraine, compliance with Council of Europe standards and recommendations, offering best practices from member states to help make priorities in the national reform process. The conference and training events were attended by more than 550 participants - judges of the Supreme Court, other courts, leading Ukrainian and foreign experts, representatives of the legal community. Trainers and all structural subdivisions of the National School of Judges of Ukraine were involved, the training activities of which were identified by the CCEJ in one of its conclusions as one of the important tools to ensure the unity of judicial practice. Programs of activities included reports on the role of the Grand Chamber of the Supreme Court in ensuring the unity of judicial practice and the impact on the legal system; unity of judicial practice in the context of standards - improving access to justice in Ukraine: removing procedural obstacles and ensuring the right to an impartial court, approaches to identifying cases of minor complexity and cases of significant public interest or exceptional importance for a party in the context of access to court of cassation: practice the supreme courts of the member states of the Council of Europe and the European Court of Human Rights; key positions of the Supreme Court - application of the provisions of the procedural codes on the grounds for transferring the case to the Chamber, the joint chamber or the Supreme Court, the impact of its decisions on legislative activity, ensuring the specialization of courts and judges, the practice of the Supreme Court of the Supreme Court on administrative cases, the practice of considering cases of disciplinary liability of judges, conclusions on the rules of criminal law, review of court decisions in criminal proceedings in exceptional circumstances; the impact of the case law of the European Court of Human Rights on the case law of national courts and the justification of court decisions and the "balance of rights" in civil cases in its practice, the development of the doctrine of human rights protection; ECtHR standards on evidence and the burden of proof, the conclusions of the CCEJ and their reflection in judicial practice; judicial rule-making in the activities of European courts of cassation, etc. The issues raised are analyzed in the Ukrainian and international contexts from report to report, which, we hope, will be appreciated by every lawyer - both practitioners and theorists. As well as the fact that the depth of disclosure of each of the topics through the practice of application serves the development of law and contributes to the formation of the unity of judicial practice of the Supreme Court, the creation of case law is a contribution to rulemaking and lawmaking. The conversion of intellectual discourse into the practice of Ukrainian courts is an important step towards strengthening public confidence in the judiciary. And here the unifying force of the Supreme Court can be especially important, as the Chairman of the Supreme Court Valentyna Danishevska rightly remarked, speaking about the expectations of the society.

ECHR decision to refuse to waive the immunity of a person under article 1 of the protocol no. 6: Individual interpretations of the essence and consequences

2021 ◽  
Vol 28 (3) ◽  
pp. 257-267
Author(s):  
Bohdan V. Shchur ◽  
Iryna V. Basysta
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Method Comparison ◽  
Scientific Basis ◽  
Criminal Proceedings ◽  
European Court ◽  
The Supreme Court ◽  
International Obligations ◽  
Grand Chamber ◽  
The Individual

In present-day Ukraine, there is no unanimous answer to the question of the essence and consequences of the ECHR decision to refuse to waive immunity under Article 1 of the Protocol No. 6 either in the national criminal procedural legislation, or in the theory of criminal procedure, or among judges, investigators, prosecutors. Therefore, the purpose of the present paper is to try to attempt to formulate individual approaches to address this issue. The relevance of the subject under study is conditioned upon its theoretical and practical components. The former is that there this area is heavily understudied, and judicial practice, among other things, requires a certain scientific basis to formulate individual positions in their unity. The dilemma proposed in the title of this study was also addressed by members of the Scientific Advisory Board of the Supreme Court, who were approached by judges of the Grand Chamber for scientific opinions, emphasising the urgency and necessity of feedback from practitioners. To formulate the individual approaches serving the purpose of this study, the authors employed such general and special research methods as dialectical, induction and deduction, Aristotelian, system-structural, sampling method, comparison, and legal forecasting. Notwithstanding the fact that the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6, adopted by its plenary session in accordance with Article 4 of the Protocol No. 6 to the General Agreement on Privileges and Immunities of the Council of Europe, is “procedural”, it was proven that the Grand Chamber of the Supreme Court has the authority to conduct proceedings on the application of such a person to review the judgment precisely in exceptional circumstances. It is emphasised that the ECHR decision should be considered as one that does not aim at the final assessment of criminal proceedings, so it cannot be equated with the decision of an international judicial institution, which would state Ukraine's violation of international obligations in court and the order of its execution will differ. The authors also address the fact that the consequences of the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6 are critical. After all, such a decision of the European Court of Human Rights is the “bell” for Ukraine, which, among other things, may hint at the probability that the Court will identify the facts of human rights violations

scholarly journals Registration of Second FIR (First Information Report) in Sughran Bibi Case: A Landmark Judgement of the Supreme Court of Pakistan

2020 ◽  
Vol 3 (1) ◽  
pp. 113-122
Author(s):  
Rais Nouman Ahmad ◽  
Faiz Bakhsh ◽  
M. Danyal Khan ◽  
Sidra Kanwal
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Supreme Court ◽  
Significant Role ◽  
Criminal Trial ◽  
Judicial System ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
Police Report ◽  
The Status

The registration of First Information Report (FIR) has remained a challenging area for the judicial system of Pakistan; the multiplicity of the FIRs means separate investigation and separate police report. Precedents were available far and against the second FIR which had been creating perplexity and nuisance for law enforcement agencies. First Information Report is contaminated by the inclusion of exaggerated facts by the aggrieved parties. Moreover, there are several allegations on the working of police in Pakistan for drafting the FIR arbitrarily. Although FIR is a mere document to report the incident, however, it has gained a significant role in deciding the fate of a criminal trial in Pakistan. Therefore, it is imperative to examine the status of FIR in criminal-trail framework of Pakistan. To do this, Sughran Bibi Case is very significant in interpreting the status of multiplicity of FIRs in the criminal trail framework. Seven judges of esteemed Supreme Court decided the fate of second FIR in this human rights case. The study investigates the doctrinal aspects of the judgement by presenting a theoretical examination of the status of FIR, its evidentiary value, and effectiveness in the criminal trial framework.  

Senate Voting on Supreme Court Nominees: A Neoinstitutional Model

1990 ◽  
Vol 84 (2) ◽  
pp. 525-534 ◽  
Author(s):  
Charles M. Cameron ◽  
Albert D. Cover ◽  
Jeffrey A. Segal
Keyword(s):  
Statistical Model ◽  
Supreme Court ◽  
Large Degree ◽  
The Political ◽  
Political Environment ◽  
Roll Call ◽  
Roll Call Voting ◽  
The Supreme Court ◽  
The Status ◽  
The Individual

We develop and test a neoinstitutional model of Senate roll call voting on nominees to the Supreme Court. The statistical model assumes that Senators examine the characteristics of nominees and use their roll call votes to establish an electorally attractive position on the nominees. The model is tested with probit estimates on the 2,054 confirmation votes from Earl Warren to Anthony Kennedy. The model performs remarkably well in predicting the individual votes of Senators to confirm or reject nominees. Senators routinely vote to confirm nominees who are perceived as well qualified and ideologically proximate to Senators' constituents. When nominees are less well qualified and are relatively distant, however, Senators' votes depend to a large degree on the political environment, especially the status of the president.

scholarly journals «Use of office position» when committing fraud: problems of application

2021 ◽  
Vol 60 (1) ◽  
pp. 97-104
Author(s):  
Valeria V. Zabrodina ◽  
Anna G. Menshikova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Position Errors ◽  
Judicial Practice ◽  
Official Position ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation

The authors in the article consider the problems of establishing the qualifying feature use of official position when committing fraud. Based on the analysis of the doctrine of criminal law, clarifications of the highest court, materials of specific judicial practice, a circle of subjects related to persons using their official position is determined, as well as the procedure and mechanism for using official position in fraud. According to the results of the study, it is proposed to include in the current resolution of the Plenum of the Supreme Court of the Russian Federation On judicial practice in cases of fraud, misappropriation and embezzlement additional clarifications that reveal the understanding of the content of the sign use of official position. The authors propose to expand the understanding of the subject of official fraud. Such provisions will promote uniformity in law enforcement and helpavoid qualifying fraud using official position errors.

scholarly journals DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION?

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 196-211
Author(s):  
Jasmaniar Jasmaniar ◽  
Sutiawati Sutiawati
Keyword(s):  
Domestic Violence ◽  
Supreme Court ◽  
Dispute Resolution ◽  
Legal Research ◽  
Civil Case ◽  
Civil Process ◽  
Legal Problems ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases

AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

CONSTITUTIONAL AND LEGAL STATUS OF THE SUPREME COURT AS A COURT OF LAW IN UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vasyl Khmyz ◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Professional Activity ◽  
Constitutional Court ◽  
Main Function ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Law ◽  
Grand Chamber

The article reveals the features of the constitutional and legal status of the Supreme Court as a court of law in Ukraine. It has been established that the constitutional and legal status of the Supreme Court is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges» and the Code of Administrative Procedure of Ukraine. Analysis of the legislation allows us to note that the Supreme Court is the highest court in the judicial system in Ukraine. The composition of the Supreme Court is formed by the Grand Chamber of the Supreme Court, the Administrative Cassation Court, the Criminal Cassation Court and the Civil Cassation Court. It has been established that the President of the Supreme Court is elected to office, and also dismissed from office based on the results of a secret ballot held by the Plenum of the Supreme Court. The constitutional and legal status of the Supreme Court makes it possible to single out such basic functions of the Supreme Court as: the function of administering justice, during which the Supreme Court acts as a court of cassation; the function of analyzing judicial statistics, as well as summarizing judicial practice; the function of providing conclusions on draft legislative acts directly related to the judicial system; the function of providing an opinion on the presence or absence of signs of committing high treason or other crime in the acts for which charges are brought against the President of Ukraine, for committing high treason or other crime; the function of providing appellate and local courts with proper methodological information on law enforcement issues, etc. It has been determined that the professional activity of the Supreme Court contributes to ensuring the observance of the principle of equality of all before the law and requires ensuring at the same time the achievement of the unity of judicial practice. It is noted that the prospects for further research in this direction are the study of the legal status of the Constitutional Court of Ukraine as a body of constitutional jurisdiction, the main function of which is to ensure the supremacy of the Constitution of Ukraine.

scholarly journals ON THE INTERACTION OF LAW ENFORCEMENT BODIES AND JUDICIAL COMMUNITY

2017 ◽  
pp. 0-0
Author(s):  
Олег Степанов ◽  
Oleg Stepanov
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Public Confidence ◽  
The Public ◽  
Effective Implementation ◽  
The Supreme Court ◽  
The Status ◽  
The Russian Federation ◽  
Relevant Level

The article discusses the possible forms of interaction between law enforcement bodies and judicial community. There are also proposals for improvement of the qualification collegiums of judges, for increasing of the public confidence in the judicial branch of power in current conditions. The current law allows bringing judges to disciplinary responsibility for the imposition of clearly illegal judicial act, if the illegality is confirmed by the highest instance, and the conclusion about the apparent illegality is made by the qualification collegium of judges. This approach does not contradict the legal approach on the principle of non-involvement of the judge to the responsibility for rendering its judgment — the judge shall be brought to disciplinary responsibility not for the opinion expressed in the judicial act, but for actions that violate the requirements of the Law on the status of judges. The author suggests the new way for the composition of the qualification collegiums of judges of all levels, which implies to guarantee the objectivity and impartiality of their work by reducing of the proportion of judges in the collegium to 51% and to replace remaining 49% of members by the members of the public society (25%) appointed by representative bodies of the relevant level, and the remaining (24%) — by the independent prosecutors appointed by the President of Russia. According to the author, creation of such institution of “independent prosecutors” in Russia will provide more effective implementation of the principle of “three keys”, when the appointment of the members of the qualification collegiums of judges will be involved popularly elected President, Chairman of the Supreme Court of the Russian Federation, the Federation Council (the legislative assemblies of the constituent entities).

scholarly journals Actual Qualification Problems of Sexual Crimes: the Limits of Judicial Interpretation

2015 ◽  
Vol 2 (4) ◽  
pp. 107-113
Author(s):  
S F Miliukov ◽  
O Yu Stepanova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Critical Analysis ◽  
Judicial Interpretation ◽  
Sexual Crimes ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Individual

This article presents a critical analysis of postmen of the Plenum of the Supreme Court of the Russian Federation «On judicial practice in cases of crimes against sexual inviolability and sexual freedom of the individual». The authors point out the limitations of WHO- judicial interpretation opportunities due to serious structural under-STATCOM relevant criminal law and suggest ways to improve them.

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