scholarly journals A szülői felügyeleti jog megszüntetésének hatályos jogi szabályozása a Polgári Törvénykönyvben

2017 ◽  
Vol 14 (1-2) ◽  
pp. 12-18
Author(s):  
Tímea Csizmadiáné Pethő
Keyword(s):  
New York ◽  
Parental Control ◽  
Criminal Court ◽  
Special Treatment ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Best Interest ◽  
Court Proceedings ◽  
New York Convention ◽  
Legal Concepts

Being a judge practicing on the area of the law of crimes I rarely come across with the need to apply civil law. Nevertheless, a handful legal concepts may be applied also by criminal courts. One of these concepts is the termination of parental control. Before turning to relevant case analysis in my study, I focus on the principle of the "child's best interest" which is referred to under article 3 of the New York Convention on the rights of children and which has a general fundamental applicability in respect of all provisions of the Convention. This principle must apply not only in civil, but also in criminal proceedings and generally in all types of proceedings irrespective of the area of law such proceedings fall under. Special emphasis is attributed to the legal consequences of terminating parental control and to the distinction of cases where the termination of parental control by the court is mandatory and where such a decision is made in the discretion of the court. I pay separate attention to cases where the court has convicted the parent of a crime committed wilfully against the convicted person's own child and in which cases the convicted person is sentenced to prisonment and as a result of these the criminal court has competence to order the termination of parental control. I address also some issues relating to matters of proof and evidence in connection with crimes of domestic violence. Finally, I explain the nature of a child-focused jurisdiction through the presentation of the Hungarian system which ensures to respect and to give effect to the rights of children to the maximum extent possible. The ability of providing special treatment for children in court proceedings is of the utmost importance.

scholarly journals Final and Intermediate Court Decisions in the Context of Unification and Differentiation of Court Proceedings in Criminal Procedure

2019 ◽  
pp. 97-105
Author(s):  
S. V. Burmagin
Keyword(s):  
Content Analysis ◽  
Structural Analysis ◽  
Subject Matter ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Court Proceedings ◽  
Legal Concepts

The paper investigates normative-legal concepts of final and intermediate court decisions in criminal proceedings. Having carried out verbal and semantic and subject-content analysis of these definitions, the author reveals their drawbacks in terms of the terminology used and fictiousness in terms in the context of their subject matter. It is stated that the concept of an interim court decisions includes heterogeneous judicial acts fundamentally different in their nature and purpose. On the basis of the provisions of the theory of differentiation of criminal proceedings and the application of the method of systemic and structural analysis of the procedural activity of the criminal court, it is concluded that judicial acts and the final decisions of higher courts have common characteristics of final court decisions and should not be classified as interim, i.e. auxiliary. It is proposed to limit the concept of an interim judgment to a set of preparatory decisions, decisions to enforce and organizational decisions taken by the court in the course of preparation and conduct of a trial in any criminal proceedings.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

scholarly journals Exploring the concept of arbitral awards under the New York Convention

2021 ◽  
pp. 205556362110228
Author(s):  
Konstantina Kalaitsoglou
Keyword(s):  
New York ◽  
International Arbitration ◽  
Arbitral Award ◽  
New York Convention ◽  
Legal Concepts

Despite its importance, the arbitral award was left undefined by the New York Convention and most other major international arbitration laws. This has inevitably led to varying opinions regarding its nature and confusion regarding the thresholds that differentiate arbitral awards from other tribunal decisions. Partly in response to the above, there has been discussion to initiate the revising process of the Convention. Responses have been divided. In this paper, the author finds that revision will not bring the desired results, while the Convention itself has equipped international arbitration practice with tools to overcome obscure legal concepts such as the arbitral award.

CONCERNING THE STRUCTURE OF PUBLIC LEGAL INTEREST IN CRIMINAL COURT PROCEEDINGS

2021 ◽  
pp. 26-30
Author(s):  
Алексей Викторович Дашин ◽  
Петр Михайлович Малин ◽  
Алексей Васильевич Пивень
Keyword(s):  
Preventive Measures ◽  
Criminal Court ◽  
Public Authority ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Public ◽  
House Arrest ◽  
Legitimate Interest ◽  
Court Proceedings ◽  
Constituent Elements

В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.

scholarly journals Digital Information Platforms as an Object of Normative Legal Regulation in the Sphere of Criminal Proceedings

2019 ◽  
Vol 13 (6) ◽  
pp. 873-883 ◽  
Author(s):  
Viсtor Grigoryev ◽  
Alexander Sukhodolov ◽  
Sergey Ovanesyan ◽  
Marina Spasennikova ◽  
Vladislav Tyunkov
Keyword(s):  
Large Scale ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Court ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Digital Platforms ◽  
Road Map ◽  
Court Proceedings ◽  
Definition Of

While noting the general trend for the regulation of digital relations in the sphere of criminal court proceedings, the authors draw attention to the absence of a common approach to this work, or of a universal understanding of criminal procedure norms regarding digital relations, as well as to the drawbacks in preparing new norms that regulate digital relations. Problems connected with the regulation of electronic processes are not specific for Russia only. Laws of some countries do not recognize evidence obtained electronically, and view it as secondary. The results of implementing the road map of digital economy and the approaches to the definition and typification of digital platforms are the basis for laying the foundations of the criminal proceedings’ digitization in Russia. Large-scale growth of innovations for the platforms and an increasing complexity of their architecture enable the solution of a new research task — the spread of digital platforms to various sectors, in this case, to the sphere of criminal proceedings. The authors use the definition of a digital platform approved by the Russian Governmental Commission on Digital Development to formulate their own definition of a digital information platform as an object of normative legal regulation in the sphere of criminal proceedings and prove that it should belong to sectoral digital platforms. The value of the transition to the normative legal regulation of digital information systems in the sphere of court proceedings lies in the reduction of costs and the elimination of the subjective factor by using a package of digital technologies of data processing and changing the system of the division of labor while reaching the purpose of criminal justice. The authors also stress the inappropriateness of simplification and primitivism, when a criminal procedure system is mechanically viewed as a system of distributed registers (blockchain), or when digitization is used as an excuse for suggesting the abolishment of investigative departments as parasites in the digital reality where crime investigation and solution become a job for ordinary internet users.

scholarly journals The Role of the Prosecutor in the Prevention and Elimination of Investigative Errors: Russian and German Experience

2018 ◽  
Vol 12 (3) ◽  
pp. 424-430 ◽  
Author(s):  
Holm Putzke ◽  
Aleksey Tarbagaev ◽  
Аleksandr Nazarov ◽  
Ludmila Maiorova
Keyword(s):  
Criminal Court ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Police Investigation ◽  
Leading Role ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Court Proceedings

The paper is devoted to the prevention, identification and correction of mistakes during the preliminary criminal investigation because establishing the offence and all the circumstances that constitute evidence forms the basis for a just verdict, helps prevent crimes against justice and reach other goals of punishment. The authors present the conceptual and normative background for the model of permanent prosecutors supervision as the dominant control and supervision activity in the pre-trial criminal proceedings that allows to effectively implement the strategies of criminal prosecution and protection of human rights. This model establishes the authority of the prosecutor for the procedural management of the criminal prosecution in the criminal process as a significant supervision authority. The tasks of identifying, correcting and preventing (not making) mistakes in pre-trial investigations are equally urgent in Russia and in Germany. Although the Criminal Procedure Code of Germany gives the prosecutors office the leading role in the investigation, in practice the investigation is more often carried out by the police while the role of the prosecutor is reduced to summarizing the results of the police investigation and making the final decisions. At the same time, the prosecutors office has considerable powers of discretion regarding the initiation or non-initiation of criminal prosecution, the prosecutor uses his/her own discretion to determine the procedure and method of investigation. It is important to examine some aspects of the prosecutors role in German criminal court proceedings within the framework of correcting investigation mistakes in Russian criminal process. The model of prosecutors supervision presented in the paper does not preclude the legislative provisions for the transfer of some authority of the court to the prosecutor at the pre-trial stages of the criminal process. This model of prosecutors supervision allows timely and effective identification, correction and prevention of investigation mistakes at the pre-trial stages of criminal court proceedings.

Practitioner's Handbook on International Commercial Arbitration

2019 ◽  
Keyword(s):  
New York ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
International Arbitration ◽  
General Introduction ◽  
Comprehensive Overview ◽  
Commercial Arbitration ◽  
Model Law ◽  
New York Convention

This book provides reports on the arbitration systems and laws of thirteen countries in addition to commentaries on the arbitration rules of the International Criminal Court (ICC), the International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration (LCIA), and UNCITRAL Arbitration Rules as well as on the UNCITRAL Model Law and the New York Convention. This comprehensive overview of the key arbitral jurisdictions and the most important arbitral rules and conventions makes it a unique and indispensable work that belongs on the desk of each practitioner. The book combines a practical approach with in-depth legal research and analyses of important national and international case law. This new edition is written to meet the needs of both the non-specialist lawyer requiring quick and useful information on a particular legal system or set of rules or who is interested in a concise general introduction into the law of international arbitration, and the experienced arbitration practitioner looking for well-founded information on a particular issue.

scholarly journals Pluralism in International Criminal Procedure

2019 ◽  
pp. 992-1017
Author(s):  
Jenia Iontcheva Turner
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Equal Treatment ◽  
Crimes Against Humanity ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
Proper Weight

This chapter examines the pluralistic nature of international criminal procedure. International criminal procedure refers to the procedures used at the international criminal courts and tribunals that were established to address war crimes, crimes against humanity, genocide, and other serious offenses. The chapter begins with an overview of the evolution of modern international criminal procedure, first at the ad hoc tribunals for the former Yugoslavia and Rwanda and then at hybrid courts and the International Criminal Court. It then discusses the goals pursued by international criminal procedure, such as: providing a fair trial, establishing the truth, enforcing criminal laws effectively, respecting human rights, and promoting the rule of law. Different views about the proper weight to be placed on each of these goals leads to diverse procedures across and within international criminal courts. The chapter considers two examples of pluralism in international criminal procedure: judicial management of criminal proceedings and involvement of victims in the proceedings. Finally, the chapter offers a normative assessment of pluralism in international criminal procedure. While diversity of procedures can help international criminal courts arrive at solutions that address the unique political and practical challenges of international criminal justice, divergent procedures within the same court raise concerns about predictability and equal treatment.

Neither Conflict Nor Labeling Nor Paternalism Will Suffice: Intersections of Race, Ethnicity, Gender, and Family in Criminal Court Decisions

1989 ◽  
Vol 35 (1) ◽  
pp. 136-168 ◽  
Author(s):  
Kathleen Daly
Keyword(s):  
New York ◽  
Statistical Study ◽  
Criminal Court ◽  
Criminal Courts ◽  
Pretrial Release ◽  
Men And Women ◽  
Hispanic Men ◽  
Race Ethnicity ◽  
Black Defendants ◽  
Using Data

This statistical study examines sentencing and pretrial release decisions for black, white, and Hispanic men and women, using data from New York City and Seattle criminal courts. Hypotheses are tested on the interactive influences of gender and family, and the mitigating effects of family for men and women of different race and ethnic groups. The results show that gender differences in court outcomes can be explained by defendants' familial circumstances, and that such differences are greatest for black defendants. Arguing that neither the male-centered conflict or labeling perspectives, nor the paternalism thesis capture the logic of court decision making, I call for more research on how familial-based justice practices are classed, raced, and gendered.

scholarly journals Realization of the Purpose of Criminal Proceedings by the Investigator and by the Defense Counsel: Opposition or Interaction?

2021 ◽  
pp. 15-24
Author(s):  
Svetlana Bulatova
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Defense Counsel ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Independent Auditing ◽  
Case Based

The author discusses relationships between the prosecution and the defense during the preliminary investigation of a criminal case. Based on the analysis of contemporary Russian criminal procedure legislation and the links between the criminal procedure theory and criminalistics, the author concludes that it is necessary to single out the following forms of relationships between the defense counsel and the investigator: cooperation and counteraction to the investigation. The author, taking into account existing theoretical views, differentiates between these two concepts using the criterion of the legality of the actions of the sides. Correspondingly, it is suggested that cooperation is the activity of the sides carried out within the framework of the criminal procedure legislation and aimed at the realization of the purpose of criminal court proceedings as stated in Art. 6 of the Code of Criminal Proceedings of the Russian Federation. Using this as a basis, the author attempts to outline the procedural types of such interaction depending on the manner in which the defense counsel participates in proofing a criminal case. Firstly, there is a situation in which evidence is collected directly by the defense council. The author believes that in this case the investigator checks the evidence acting as an independent auditing body in the legal relationships and does not perform the function of the prosecution. Secondly, there is a procedural form of interaction when the defense counsel participates in the collection of evidence carried out by the side of the prosecution.

Sign in / Sign up

Export Citation Format

Share Document