CURRENT QUESTIONS OF LAW ENFORCEMENT PRACTICE ON THE APPLICATION OF LEGISLATION ON ENFORCEMENT PROCEEDINGS: THE EXPERIENCE OF THE TWELFTH ARBITRATION COURT OF APPEAL

2021 ◽  
Vol 11 (4) ◽  
pp. 251-281
Author(s):  
S.Yu. SHARAEV ◽  
D.Kh. VALEEV ◽  
T.V. VOLKOVA
Keyword(s):  
Law Enforcement ◽  
Court Of Appeals ◽  
Practical Analysis ◽  
Court Of Appeal

This research is a scholarly and practical analysis of the Twelfth Arbitration Court of Appeals’ 2019–2021 consideration of enforcement law disputes and includes selected scholarly judgments based on law enforcement practice. According to statistics, between 2019 and 6 months of 2021, a total of 30,641 cases were heard by the Twelfth Arbitration Court of Appeals, of which disputes related to the application of legislation on enforcement proceedings – 425 cases, which amounted to 1.4% of all cases heard by the court. In 2019, the court considered 14,880 cases, of which disputes related to the application of the legislation on enforcement proceedings – 177 cases, or 1.2% of all cases considered by the court. As for the cases of this category, 25 judicial acts of the courts of first instance were cancelled (changed) by way of appeal, which amounted to 14.1% of the cases of this category. In 2020, the court considered 10,931 cases, including 172 disputes related to application of the legislation on enforcement proceedings, or 1.6% of all cases considered by the court. As for the cases of this category, 18 judicial acts of the first instance courts were cancelled (changed) by way of appeal, which amounted to 10.5% of all cases of this category. In the first half-year of 2021 the court considered 4,830 cases, of which 76 cases (1.6% of all cases considered by the court) were disputes concerning application of the legislation on enforcement proceedings. As for the cases of this category, 12 judicial acts of the courts of first instance were cancelled (changed) by way of appeal, which amounted to 15.8% of all cases of this category.

scholarly journals Procedure for consideration of cases in the Court of Appeal of Lviv (1919–1939s)

2020 ◽  
pp. 77-83
Author(s):  
Yurij Olijnyk
Keyword(s):  
Judicial System ◽  
Appellate Court ◽  
Final Decision ◽  
Social Changes ◽  
District Courts ◽  
Legal Proceedings ◽  
Court Of Appeals ◽  
Legal Traditions ◽  
Lower Courts ◽  
Court Of Appeal

The acquisition of the Polish independence state in November 1918 was a decisive condition for the establishment and developmentof the Polish judicial system and legal proceedings. It is noted that the functioning of the institution of the judiciary in Polanddirectly depended on legal traditions, social changes, the level of legal culture and the influence of the legislation of the countries thatat one time participated in the division of the Second Commonwealth of Poland. The restored Polish state from the very first days of its existence began the activities aimed at the formation of judicial authorities, for some time foreign sources of law (Austrian, German,and Russian) remained in force in its territory. During the interwar period in the Polish state a special mission was assigned to the courts,because they were the spokesman for social justice. The role of courts played an important role in their structure and leadership. Thestructure and management of the appellate and district courts in the judicial system of the Second Commonwealth of Poland and thecharacteristic features of the structure and leadership of the Court of Appeal of Lviv have been analyzed.The Court of Appeals in Lviv was responsible for administering in its judicial district, carrying out inspections in lower courts,and bringing to justice judges and court officials through disciplinary violations, organization and reorganization of the courts of firstand second instance. The Court of Appeals also dealt with the nomination and transfer of judges from one court to another, followedthe law by lower courts, regulated the territory of the judicial districts (the final decision was nevertheless at the highest court in Warsawand the Ministry of Justice), took reports on the number of cases considered by the lower courts authoritiesThe article analyzes the procedure for consideration of cases in the Court of Appeal of Lviv (1919-1939s). It is noted that thecase was considered by the Court of Appeal according to the rules established for consideration of the case by the court of first instance(county or district). The Court of Appeal in Lviv reviewed the case in full, or focused only on a separate part of it, but only within thelimits of the complaint filed by a party in the process. The appellate court considered the case on the merits and made a decision, changingthe decision of the lower court, or leaving it unchanged.

Legal Disputes on the Assessment of Customs Value: Trends in the Courts Rulings

2021 ◽  
Vol 3 ◽  
pp. 81-91
Author(s):  
G. V. Matvienko ◽  
Keyword(s):  
Law Enforcement ◽  
Court Decisions ◽  
The Past ◽  
Eurasian Economic Union ◽  
Practical Analysis ◽  
Economic Union

The article presents the findings of scientific and practical analysis of court decisions made following the review of disputes on the assessment of customs value over the past few years. The author comes up with suggestions aimed at improving legislation and unification of law enforcement practice in Russia and throughout the territory of the Eurasian Economic Union.

Structuring the Cherokee Nation Justice System: The History and Function of the Cherokee Nation Marshal Service

2001 ◽  
Vol 12 (1) ◽  
pp. 26-42 ◽  
Author(s):  
William P. Heck ◽  
Ralph Keen ◽  
Michael R. Wilds
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Cherokee Nation ◽  
Civil Action ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Tribal Member ◽  
Indian Country ◽  
And Function

On July 4, 1986, a Cherokee tribal member was shot in the leg and arrested by a deputy in Adair County, Oklahoma. In a subsequent civil action, the Tenth Circuit Court of Appeals ruled that absent a statutory grant of authority by Congress or consent from the tribe itself, Oklahoma law enforcement officers have no criminal jurisdiction “in Indian country” unless the crime is committed by a non-Indian against another non-Indian or the crime is a victimless crime committed by a non-Indian. Realizing that they were no longer protected by the state, the Cherokee Nation responded by creating its own Marshal Service. This article describes the evolution of that agency, checkerboard jurisdiction, and the need for cross deputization. In particular, the article addresses the recent political tribal crisis that almost devastated the newly formed Marshal Service and the tribe's current struggle to regain stability in the politically charged aftermath.

scholarly journals Claiming for recovery of funds and (or) property of others: search for legislative compromise and review of law enforcement practice

2021 ◽  
Author(s):  
O. I. Uhrynovska
Keyword(s):  
Law Enforcement ◽  
Burden Of Proof ◽  
Case Law ◽  
Legal Regulation ◽  
Court Decisions ◽  
Discretionary Power ◽  
Legal Nature ◽  
The Subject ◽  
Court Of Appeal ◽  
Recovery Procedure

In the light of extremely low level of enforcement of court decisions in Ukraine, the formation of effective legal instruments of coercive judgment enforcement measures is getting particularly important. One of the most effective ways to protect the interests of the claimant, which increases the effectiveness of execution of a court decision of a property nature and expands the possibilities of enforcement proceedings, is to claim for recovery of money and (or) property of others. This legal institution allows the enforcement of money and (or) property of another person who is not a party to the enforcement proceedings, but either holds the property or has a debt to the debtor. The article describes the issue of legislative uncertainty of the procedural status of another person whose property and (or) funds are being recovered and formulates ways to resolve it. A number of collisions between the Civil and Commercial Procedural Codes and the Law of Ukraine “On Enforcement Proceedings” were revealed in terms of legal regulation of the institution of claim for recovery of property of others, in particular in terms of seizure of funds of a person in debt to the debtor. It is proposed to resolve the identified collisions in favor of procedural codes. The legal nature of the arrest, which is imposed on the money of another person in the recovery procedure, is determined. On the example of case law, the discretionary power of the court in considering claims for recovery of funds of a person who owes money to the debtor are analyzed, and the incompleteness of the legislative list of grounds for refusal to satisfy the application for recovery is stated. Attention is drawn to the imperfection of the procedural codes in terms of regulating the possibility to appeal to Court of Appeal and Court of Cassation judgements issued as a result of consideration of claims for recovery of funds of a person who has debts to the debtor. Through the prism of law enforcement practice, the subject of proof in the consideration of applications for recovery of funds of persons who have debts to the debtor and clarifies the distribution of the burden of proof in this category of cases.

Third and Eighth Circuits Rule on Medicaid-Funded Abortions

1995 ◽  
Vol 23 (3) ◽  
pp. 297-297
Author(s):  
A.S.
Keyword(s):  
Law Enforcement ◽  
The United States ◽  
Federal Courts ◽  
Federal Law ◽  
Court Of Appeals ◽  
The Third ◽  
Reporting Requirements ◽  
Reporting Requirement ◽  
Law Enforcement Officials ◽  
Prevailing View

The United States Court of Appeals for the Third Circuit has followed the prevailing view in the federal courts by holding that state Medicaid funds must cover the same kinds of abortions as provided for under the 1994 Hyde Amendment. On July 25, 1995, the court held that a Pennsylvania law was preempted to the extent that it restricted Medicaid funding for abortions beyond the limits set by federal law (Elizabeth Blackwell Health Center for Women v. Knoll, No. 94-1954 (3d Cir. July 25, 1995)) by imposing additional procedures not prescribed by the Hyde Amendment.Particularly, the court held that the Pennsylvania Abortion Control Acts (18 Pa. Cons. Stat. Ann. §§ 3201-20 (1983 & Supp. 1994)), whch requires victims of rape and incest to report the crime to law enforcement officials before Medicaid abortion funding is made available, exceeded the reporting requirements set by the Hyde Amendment, which provides a waiver for patients who are physically or mentally unable to comply with the reporting requirement.

THE POWER OF COUNSEL TO INVESTIGATE EVIDENCE IN THE COURT OF APPEAL

2019 ◽  
pp. 151-159
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Practical Significance ◽  
Appellate Court ◽  
Defense Counsel ◽  
Procedure Code ◽  
Comparative Results ◽  
Court Of First Instance ◽  
New Evidence ◽  
Court Of Appeal ◽  
Logical Semantic

Purpose. The purpose of the paper is to consider the problematic aspects of the lawyer's participation in the study of evidence in the court of appeal, as to the procedure for the investigation, the possibility of presenting new evidence, participation in expert activities, etc. Determine the methodological features of the lawyer's activity in the evidentiary activity, which are conditioned by this stage of the criminal process. The methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative. Results in the course of the research it was determined that the examination of the evidence in the court of appeal has peculiarities in comparison with the court of first instance. Based on a comparative study, it is determined that such features are conditioned by an existing appeal, which limits the range of circumstances under investigation, as well as how the party tactically influences the process of investigating evidence. Originality. In the course of the investigation it was established that the tactics of investigating evidence in the court of appeal depend on who initiated the commencement of the proceedings. The peculiarities of individual court actions depend on the limits set by the appeal. Practical significance. The results of the study can be used in the law enforcement practice of the rules of the Criminal Procedure Code, regarding the activity of a defense counsel in reviewing court decisions by an appellate court.

The Exhaustion of Alternative Remedies in Administrative Law

1992 ◽  
Vol 51 (1) ◽  
pp. 138-153
Author(s):  
Clive Lewis
Keyword(s):  
Law Enforcement ◽  
Social Security ◽  
Judicial Review ◽  
Administrative Law ◽  
Planning Law ◽  
High Court ◽  
Primary Means ◽  
Court Of Appeal ◽  
Alternative Remedies ◽  
Public Bodies

The application for judicial review is the primary means of challenging the legality of action taken by public bodies. Judicial review is not, however, the only avenue by which an individual may challenge a particular decision. Statute may create an appellate machinery to hear appeals against decisions of public bodies. There is a wide variety in the pattern of such schemes. There may be an appeal from a decision to a tribunal or other body, with a further right of appeal on a point of law or by way of case stated to the High Court or the Court of Appeal. Such mechanisms exist in a number of fields, most importantly in the field of revenue law, enforcement notices in planning law, decisions of inferior courts such as magistrates& courts, and social security law. There may be an appeal from a decision to an administrative tribunal or inferior court but with no right of appeal to the High Court, as in certain immigration cases where decisions may be appealed to an adjudicator and from him to the Immigration Appeal Tribunal. There may be an appeal from decisions to an administrative body such as a Secretary of State either with provision for appeal to the courts, as with appeals against refusals of planning permission by local authorities, or without any further right of appeal, as in the case of appeals against disciplinary decisions of chief constables.

Pyrotechnic Residues in Gunshot Residue Analysis

1985 ◽  
Vol 43 ◽  
pp. 128-129
Author(s):  
H. M. Sagara ◽  
S. A. Schliebe ◽  
M. C. Kong
Keyword(s):  
Law Enforcement ◽  
Residue Analysis ◽  
Gunshot Residue ◽  
Particle Analysis ◽  
Dry Skin ◽  
X Ray ◽  
Skin Cells ◽  
Smokeless Powder ◽  
Carbon Coated ◽  
Detailed List

Particle analysis by scanning electron microscopy with energy-dispersive x- ray analysis is one of the current methods used in crime laboratories to aid law enforcement in identifying individuals who have recently fired or handled a firearm. During the discharge of a firearm, the high pressure caused by the detonation of the cartridge materials forces a portion of the generated gases through leaks in the firing mechanism of the weapon. These gases contain residues of smokeless powder, primer mixture, and contributions from the projectile itself. The condensation of these hot gases form discrete, micrometer-sized particles, which can be collected, along with dry skin cells, salts, and other hand debris, from the hands of a shooter by a simple adhesive lift technique. The examination of the carbon-coated adhesive lifts consist of time consuming systematic searches for high contrast particles of spherical morphology with the characteristic elemental composition of antimony, barium and lead. A detailed list of the elemental compositions which match the criteria for gunshot residue are discussed in the Aerospace report.

Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy
Keyword(s):  
Medical Center ◽  
Federal District ◽  
Federal Court ◽  
University Of Pennsylvania ◽  
District Court ◽  
Appellate Court ◽  
Court Of Appeals ◽  
Department Of Health ◽  
Administrative Proceedings ◽  
Summary Judgment

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.

Antitrust: U.S. Supreme Court Affirms FTC Jurisdiction but Vacates Scope of Analysis on CDA Policy

1999 ◽  
Vol 27 (2) ◽  
pp. 197-198
Author(s):  
Joseph R. Zakhary
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Federal Trade Commission ◽  
Ninth Circuit ◽  
Court Of Appeals ◽  
For Profit ◽  
Rule Of Reason ◽  
Antitrust Analysis ◽  
Business Financing ◽  
The U.S

In California Dental Association v. FTC, 119 S. Ct. 1604 (1999), the U.S. Supreme Court reviewed a decision by the U.S. Court of Appeals for the Ninth Circuit that a nonprofit affiliation of dentists violated section 5 of the Federal Trade Commission Act (FTCA), 15 U.S.C.A. § 45 (1998), which prohibits unfair competition. The Court examined two issues: (1) the Federal Trade Commission's (FTC) jurisdiction over the California Dental Association (CDA); and (2) the proper scope of antitrust analysis. The Court unanimously held that CDA was subject to FTC's jurisdiction, but split 5-4 in its finding that the district court's use of abbreviated rule-of-reason analysis was inappropriate.CDA is a voluntary, nonprofit association of local dental societies. It boasts approximately 19,000 members, who constitute roughly threequarters of the dentists practicing in California. Although a nonprofit, CDA includes for-profit subsidiaries that financially benefit CDA members. CDA gives its members access to insurance and business financing, and lobbies and litigates on their behalf. Members also benefit from CDA marketing and public relations campaigns.

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