scholarly journals CLASSIFICATION OF JUDGMENTS IN THE ARBITRATION PROCESS

2021 ◽  
Vol 37 (1) ◽  
pp. 84-89
Author(s):  
M.A. Magomedova ◽  
Keyword(s):  
Court Decision ◽  
Court Decisions ◽  
Judicial Decisions ◽  
Judicial Practice ◽  
Arbitration Process ◽  
Different Types

The article is devoted to the classification of court decisions in the arbitration process. Based on the analysis of the opinions of scientists and judicial practice, the author comes to the conclusion that court decisions can be classified into different types on the following grounds: methods of defense; procedures for making a court decision; content; the time of the proceedings in which it was made, and the completeness of the response to the stated requirements. The article analyzes the norms of arbitration procedural legislation that contain requirements for a court decision, identifies problematic issues and suggests ways to solve them. It is proposed to legalize the interim decision on certain categories of cases and in the case of consideration of the case in separate court sessions in the arbitration process and to recognize the judicial decisions on challenging normative acts as lawmaking.

scholarly journals Production model for administration of judicial decisions in the case of theft

2019 ◽  
Vol 65 ◽  
pp. 04012
Author(s):  
Anna Bakurova ◽  
Mariia Pasichnyk ◽  
Elina Tereschenko ◽  
Yurii Filei
Keyword(s):  
Production System ◽  
Information Society ◽  
Criminal Code ◽  
Production Model ◽  
Court Decisions ◽  
Court System ◽  
Judicial Decisions ◽  
Judicial Practice ◽  
Level Of Automation ◽  
Fuzzy Production System

The economic essence of the theft, as a crime against property, and its connection to unemployment is revealed. The general model of the support system making court decisions as fuzzy production system is developed. For the case of theft (Article 185 of the Criminal Code of Ukraine), two variants of the implementation of the fuzzy production system - the Mamdani and Sugeno algorithms - are proposed. Incorporation of the developed model into the “Electronic Court” system, which is a feature of the information society, is able to increase the level of automation of judicial practice and prevent corruption.

Major court and tribunal decisions in Australia in 2018

2019 ◽  
Vol 61 (3) ◽  
pp. 421-437 ◽  
Author(s):  
Ingrid Landau ◽  
Dominique Allen
Keyword(s):  
Small Group ◽  
Employment Status ◽  
Federal Court ◽  
Food Delivery ◽  
Court Decision ◽  
Court Decisions ◽  
Judicial Decisions ◽  
Gig Economy ◽  
Employment Standards ◽  
Definition Of

The year 2018 saw significant tribunal and court decisions concerning the definition of ‘casual’ for the purposes of the National Employment Standards, the obligations of labour hire employers, and the employment status of food delivery drivers in the gig economy. This review also covers a number of significant changes to awards made by the Fair Work Commission as part of its 4-yearly award review; a Full Federal Court decision about the extent to which a small group of employees genuinely agreed to approve an enterprise agreement. An unusual tribunal decision about an employee who was assumed to have a disability is noted. Finally, the review considers several significant judicial decisions on accessorial liability and penalites under the Fair Work Act.

scholarly journals Implementation of the Right of Appeal of Judicial Decisions in Civil Cases

2019 ◽  
pp. 60-71
Author(s):  
Oksana Trach
Keyword(s):  
Court Decision ◽  
Court Decisions ◽  
Significant Group ◽  
Large Group ◽  
Judicial Decisions ◽  
Procedural Law ◽  
Civil Cases ◽  
And Performance ◽  
The Right ◽  
Court Of First Instance

The mechanisms for reviewing judgments in civil cases should include additional guarantees to ensure the implementation of the right of appeal, conditioned by the specificity of the court decision, which will serve as the subject of verification. There is a need to establish implementation peculiarities of the right of appeal, as well as the procedures for revising court decisions made in lawsuits against a large group of persons, an indefinite number of persons that are not defined by the current civil procedural law. It has been substantiated the necessity to fix on a legislative level the two-step procedure for implementation of the right of appeal of judicial decisions on such claims. The exercise of the right to appeal depends on the knowledge of the decision on the case by the court of the first instance, as well as the direct involvement of the participant in the process. Particular significance has got the commission of these actions in relation to potential participants of the case. It has been established that the implementation of the right of appeal against the decision on these types of claims will facilitate the creation of options called «Claims for a large group of people», «Claims for an uncertain circle of persons» on the official web site of the judiciary. It was determined that informing the participants of the case, their representatives about the opening of appeal proceedings is important for the possibility of exercising the right to review court decisions in the court of appellate instance, and the use in this regard of procedural opportunities provided by law. It was established that excluding the representative from the participants of the case, the legislator did not regulate properly all procedural aspects of his participation in the process, the exercise of his procedural rights, and performance of duties. There is no clear timetable for the court of appellate instance to determine the issue whether the court decision of the court of first instance concerns the rights, freedoms, interests and / or duties of a person if it was not examined in the trial by the court of first instance and who filed a complaint, as well as the procedural form of its examination. It is necessary to consolidate the possibility to close the appeal proceedings in a case and the possibility to close proceedings against a specific appeal. Preparation of a case for an appeal on a complaint to a court decision on a suit against a significant group of persons should be marked according to its specifics. For this type of claim, it is necessary to change its procedural form in order to hold the preparatory meeting and foresee the necessity of preparing a panel of three judges. The preparatory meeting will expand the procedural capabilities of the participants and their representatives.

scholarly journals On quality assurance of judicial decisions in cases of environmental administrative offenses

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Uliutina Olena ◽  
◽  
Denisyuk Ilona ◽  
Keyword(s):  
Environmental Safety ◽  
Court Decision ◽  
Decision Quality ◽  
Court Decisions ◽  
Procedural Law ◽  
Judicial Practice ◽  
Principles Of Justice ◽  
Correct Application ◽  
Substantive Law

The article, based on the study of the requirements for the quality of court decisions in cases of environmental administrative offenses and the analysis of judicial practice, are made proposals to improve the quality of court decisions in this category of cases. Justice is analyzed as the main criterion for the quality of court decisions in cases of environmental administrative offenses, which covers the signs of legality and validity. It is concluded that the criteria for the legality of a court decision in cases of environmental administrative offenses are the correct application of: substantive law and compliance with procedural law, analogy of law or analogy of right in terms of both substantive and procedural rules; compliance of the resolution within her national, constitutional, sectoral principles, basic principles of justice, requirements of the rule of law. In terms of compliance with the requirement of validity of the decision is most pronounced subject – object specifics of offenses – their «environmental», because it is in investigating the circumstances of the case and assessing evidence, the judge must operate it knowledge and rely not only on administrative tort law, but also environmental, natural resources, which sets requirements for the use and protection of natural objects and resources, environmental safety, which have been violated. In order to improve the quality of court decisions in cases of environmental administrative offenses, it is proposed to adopt a document «On court decisions in cases of administrative offenses» in the form of a resolution of the Plenum of the Supreme Court. Keywords: legality of a court decision, validity of a court decision, resolution, justice, court, court decision, quality of court decision

Nerespectarea hotărârilor judecătorești pronunțate în materia conflictelor de muncă

2021 ◽  
Vol 2021 (2021) ◽  
pp. 288-317
Author(s):  
Valentina DINU ◽  
Keyword(s):  
Criminal Code ◽  
Court Decision ◽  
Court Decisions ◽  
Interested Party ◽  
Judicial Practice ◽  
The One

This material analyzes two of the modalities of the crime provided by art. 287 of the Criminal Code, respectively the one of non-observance of court decisions: the one regulated at let. d) non-execution of the court decision by which it was ordered the reinstatement into work of an employee and the one regulated at let. e) non-execution of the court decision regarding the payment of salaries within 15 days as of the date of the execution request addressed to the employer by the interested party. With the entry into force of the Criminal Code, on February 1, 2014, these two crimes were taken over from the Labor Code, where they were previously regulated, a series of amendments being implemented with this occasion. The article examines these changes, but also deepens the issues that continue to arise regarding the constitutive content of these crimes, trying to propose solutions for a uniform interpretation at the level of judicial practice.

GUILT AS A SUBJECTIVE SIDE OF LEGAL RESPONSIBILITY OF JUDGE

2017 ◽  
Author(s):  
Yaroslav Skromnyy ◽  
Keyword(s):  
Supreme Court ◽  
Legal Liability ◽  
Court Decision ◽  
Legal Responsibility ◽  
Court Case ◽  
Court Decisions ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Law ◽  
Subjective Aspect

The article reveals the main aspects of determining the guilt of a judge as a subjective aspect of imposing legal responsibility on him. It was established that the key aspects of determining the guilt of a judge as a subjective aspect of imposing legal responsibility on him are represented by the provisions of such legislative and regulatory documents as the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, the Resolution of the Plenum of the Supreme Court of Ukraine «On the independence of the judiciary», the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights», Resolution of the Plenum of the Supreme Court of Ukraine «On judicial practice in cases of crimes against human life and health», Law of Ukraine «On the judicial system and the status of judges». It was found that the evidence of the judge's guilt in relation to the offense committed by him today is one of the important issues of imposing a certain type of legal liability on him. It has been determined that judges often commit offenses due to the adoption of unfounded and often illegal court decisions. It has been proved that the guilt of judges for the offenses committed by them is manifested as a result of non-compliance or disregard for the norms of procedural legislation or labor discipline. It has been determined that in order to make a court decision, a judge is obliged to determine the norms of the law, a number of bylaws and study judicial practice in considering the relevant court case. It has been established that one of the elements of a judge's fault is an inner conviction. It has been established that the subject of the court case regarding the adoption by the judge of an unjustified and illegal court decision is not the corpus delicti, which is present in the actions of the judge, but the legality of that, or the investigator will refuse to initiate a criminal case against the judge for making an unjust decision. It was found that the practical methods of determining the guilt of a judge in committing an offense should be a comprehensive study of the materials of the case, which is open against the judge, and the analysis of data from the judge's dossier, in particular, data on the consideration of such cases by a judge and the adoption of appropriate court decisions on them. It has been proven that quite often the release of a judge from legal liability occurs in conditions when offenses committed by a judge are re-qualified as a miscarriage of justice.

scholarly journals Konsistensi Putusan Hakim Terhadap Perkara Kerugian Lingkungan Hidup di Indonesia

2021 ◽  
Vol 15 (2) ◽  
pp. 81-102
Author(s):  
Sri Wahyuni ◽  
Arum Nur Rahmawati ◽  
Cheryl Permata Kumala Dewi ◽  
Widya Chrisna Manika ◽  
Sapto Hermawan
Keyword(s):  
Environmental Sustainability ◽  
Research Method ◽  
Environmental Law ◽  
Criminal Court ◽  
Environmental Damage ◽  
Court Decisions ◽  
Legal Research ◽  
Judicial Decisions ◽  
Litigation Process ◽  
Different Types

To ensure environmental sustainability, environmental management must be supported by the enforcement of environmental law through litigation process, whether on criminal, civil, or administrative aspects.  (In Indonesia, there are numerous cases of environmental losses, as well as examples of environmental damage that have been attempted on the court of mandalawangi, natural kallista and sungailiat cases.) The purpose of this research is to find out the extent of court decisions’s consistencies  on environmental cases Using normative legal research method, this research examined three court decisions form two different types of court, which are criminal court (Sungai Liat case) and civil court (Mandalawangi case and Kalistas case). It was found that these judicial decisions show inconsistencies. This condition may weaken the enforcement of environmental law in Indonesia. On the other hand, this difference in judgments may be apprehended as a new standpoint of environmental law in Indonesia. Keberlangsungan pengelolaan lingkungan hidup harus ditunjang dengan penegakan hukum lingkungan, baik melalui jalur peradilan maupun luar peradilan, baik yang bersifat perdata, pidana, maupun administrasi. Penelitian ini mengkaji tiga kasus lingkungan hidup yang diselesaikan melalui peradilan pidana dan perdata, yaitu Kasus Mandalawangi, Kasus Kallista Alam dan Kasus Sungailiat. Tujuan penelitian ini adalah untuk mengetahui problematika penegakan hukum lingkungan hidup di Indonesia, dan untuk mengetahui dampak dari konsistensi putusan hakim dalam perkara lingkungan di Indonesia yang berbeda-beda. Untuk mencapai tujuan tersebut, ketiga putusan hakim tersebut di atas dikaji dengan menggunakan metode penelitian hukum normatif. Hasil penelitin menunjukkan bahwa ketiga kasus tersebut diputuskan secara berbeda. Inkonsistensi tersebut dapat menjadi faktor pelemahan penegakan hukum lingkungan di Indonesia. Namun di samping itu dapat dimaknai sebagai suatu pandangan baru terhadap ketentuan lingkungan hidup di Indonesia.

scholarly journals LEGAL REGULATION OF CRIMINAL LIABILITY OF JUDGES FOR MAKING AN UNJUST DECISION IN UKRAINE: CURRENT STATUS

2021 ◽  
Author(s):  
Nataliya Karpova ◽  
◽  
Grigoriy Zabarniy ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Court Decision ◽  
Current Status ◽  
Constitutional Court ◽  
Court Decisions ◽  
Judicial Practice ◽  
Logical Method ◽  
Definition Of

Subject of study. The article is determined for studying such a question as the recognition by the Constitutional Court of Ukraine of Article 375 of the Criminal Code of Ukraine as inconsistent with the Constitution of Ukraine (unconstitutional). The suggested article includes investigating such a question as the defining and applying of the notions “wittingly unjust” and “injustice” in Ukrainian law, taking into account the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020. Methodology. In this study, the authors used the logical method, the method of semantic analysis, as well as the comparative law method. The purpose. The purpose of this article is analyzing the method and arguments for recognizing the unconstitutionality of Article 375 of the Criminal Code of Ukraine, which have been used by the Constitutional Court of Ukraine in the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020, as well as delineation of the limits and grounds of criminal liability of judges for making unjust decisions after the abolition of Article 375 of the Criminal Code of Ukraine. The authors consider the definition and application of the terms “wittingly unjust” and “injustice” in judicial practice in Ukraine. The authors consider the options for defining the terms “wittingly unjust” and “injustice”, which were developed by Ukrainian lawyers. The authors conclude that there is no generally accepted definition of the terms “wittingly unjust” and “injustice” both in Ukrainian judicial practice and in Ukrainian legal science. The authors come to the conclusion that the concept of “injustice” cannot be used in modern Ukrainian law enforcement practice because it is not defined. The authors analyze the procedure for instituting a criminal case against a judge for a wittingly unjust court decision and conclude that this procedure leads to delegating the function of a judge to assess a court decision to the prosecutor, which is prohibited by the Constitution of Ukraine. The author review the international standards of criminal liability of judges for the issuance of court decisions in comparison with the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine. From the above data, the authors concluded that the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine duly justify the repeal of Article 375 of the Criminal Code of Ukraine. The main attention is given to the assessment of the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020 by the international legal institutions – the European Community and the United Nations. The authors used a logical method to analyze cases of Ukrainian judges making unjust court decisions and found signs of corruption offences or human rights violations in these cases. Сonclusion of the study. Therefore, the authors propose to proceed judges to criminal liability for the corruption offenses in cases where judges judge an unjust court decision. Value/originality. This study is an оriginal proposal to solve the current problem of regulating the criminal liability of judges for the issuance of an unjust court decision at present, after the repeal of Article 375 of the Criminal Code of Ukraine.

The Requirement of Legality of Decisions of the Criminal Court: The Legal Basis and Content Components

2021 ◽  
pp. 213-224
Author(s):  
Sergey V. Burmagin ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Judicial Decisions ◽  
Judicial Practice ◽  
Procedure Code ◽  
The Russian Federation

Legality as a complex legal requirement to judicial decisions, developed for a long time by Russian science and legal practice, was formally consolidated in the Criminal Procedure Code of the Russian Federation in 2001 and extended to all decisions of the criminal court. However, the wording of the law does not fully and adequately reflect the content of this requirement, and to some extent it contradicts the established scientific ideas and needs of judicial practice. In this regard, the author aims to reveal the content side of the concept of legality of judicial decisions in criminal proceedings, both from a historical perspective and from the perspective of modern legal understanding, and to justify the need to adjust the legislative expression of this requirement. The research problems are solved using historical, dialectical and comparative legal methods of cognition based on the analysis of relevant theoretical concepts developed by the Russian science of criminal procedure law, the provisions of criminal procedure legislation and the legal positions of the judicial authorities: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, federal courts of general jurisdiction. The legal sources of regulatory requirements that the criminal court should follow when making procedural decisions have been identified. The author substantiates the need for an expanded understanding of the legality of judicial decisions as their compliance not only with direct instructions of the law, but also with legal provisions contained in other forms of law: constitutional norms, generally recognized principles and norms of international law, established legal customs, as well as standards of justice developed by judicial practice and legal positions on specific issues of law enforcement. In the context of historical development, the material and procedural aspects of the requirement of legality of judicial decisions in criminal proceedings are analyzed and its content components are formulated. Continuity and at the same time dynamism of doctrinal and legislative approaches to determining the legality of court decisions supported by judicial practice are noted. Certain shortcomings of the normative consolidation of the requirement of legality of court decisions in the current Criminal Procedure Code of the Russian Federation are revealed, in connection with which specific proposals are made to change and optimize certain formulations of the procedural law that determine the content of the requirement of legality of a sentence and other court decisions in criminal proceedings.

scholarly journals Problems on determining the jurisdiction of claims when appealing against state authorities and local self-government decisions in the land disputes field: genesis, features and notion

1970 ◽  
pp. 272-278
Author(s):  
Diana Kolomiitseva
Keyword(s):  
Subject Matter ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Personality ◽  
Judicial Practice ◽  
Separate Category ◽  
Land Disputes ◽  
Land Relations ◽  
History Of ◽  
Grand Chamber

The issues of jurisdiction in disputes over appeals against decisions of state authorities and local self-government is one of the reasons for the ineffective implementation of these constitutional norms. The ascertainment of the issue of jurisdiction in a case in this category may be considered by courts of all three tiers and result in the closure of the proceedings in the case. Given that the issue of subject-matter jurisdiction in appealing against decisions of state authorities and local self-government in the field of land relations is poorly researched as a separate category of disputes, this article covers this issue. The author identifies three key stages in the formation and development of this group of disputes, which influenced the procedure for determining the subject-matter jurisdiction of disputes over appealing against decisions of state authorities and local self-government in the field of land relations. The first stage is the period of the formation of procedural legislation, allowing to appeal against the decisions and inaction of state authorities. The second stage is the stage of active formation of the practice of litigation over the choice of jurisdiction when appealing against decisions of state authorities and local self-government in the field of land relations. The third stage is the stage of deepening the law enforcement practice of litigation concerning the choice of jurisdiction when appealing against decisions of state authorities and local self-government in the field of land relations. The conducted research suggests that each of these stages has its own features, characterizing this group of disputes as a separate category of disputes has the following features: is formed from a derivative object related to the protection of the subjective land right or the realization of land legal personality; is always subject to judicial consideration within the stated claims, related to the protection of the subjective land right or the realization of land legal personality; creates independent legal consequences in the form of admission of the case to be considered in substance or revision of the made court decision or court decisions in the case, cancellation of the made court decision or court decisions in the case, and the closure of the proceedings in the case; has general and specific rules of application. General rules of application are stipulated by the requirements of the current procedural legislation, and specific rules have been formed by the case law in the judicial review of land disputes; the cases of this group at the stage of cassation are considered by the Grand Chamber of the Supreme Court, whose decisions are final and are not subject to appeal. Thus, disputes concerning the determination of jurisdiction when appealing against decisions of state authorities and local self-government in the field of land relations are a derivative category of disputes, which has its history of formation, forms an independent subject of judicial consideration and is based on the application of general and specific rules determined by, accordingly, the legislation and judicial practice.

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