IMPLEMENTATION AND WORK OF JURY IN THE JUDICIAL SYSTEM OF UKRAINE, PROBLEMS AND PROSPECTS

2017 ◽  
Author(s):  
Olena Gulac ◽  
◽  
Viktor Ladychenko ◽  
Liudmyla Golovko ◽  
◽  
...  
Keyword(s):  
Professional Training ◽  
Scientific Paper ◽  
Judicial System ◽  
Jury Trial ◽  
Judicial Process ◽  
Legal Doctrine ◽  
Advantages And Disadvantages ◽  
The People ◽  
Foreign Countries ◽  
Court Proceedings

The scientific paper is devoted to the study of the legal doctrine and regulatory framework for the formation and functioning of the institution of jury in the judicial system of Ukraine. The article analyzes the features of the introduction of the jury trial in the legislation of Ukraine, the experience of the functioning of this institution of legal proceedings in foreign countries in accordance with its main models in the world legal practice. The introduction of the jury is seen as one of the most democratic steps in reforming the judicial system, the advantages of which lie in the use of collegiality, reduced risk of miscarriages of justice, greater independence, nationality, publicity, and increased adversariality in the judicial process. The advantages and disadvantages of introducing a jury trial are formulated. Proposals for improving the legislation of Ukraine are presented. Particular attention is paid to the state of legislative support for the jury, guarantees and obstacles to its functioning in the legal realities of Ukraine. It has been established that in order to optimize the institution of the jury, it is necessary to change the legislation in terms of ensuring guarantees of the jury's activities, to increase the range of court proceedings that can be considered by the jury, to involve specialists in professional training of the jury, and the like. It has been proven that thanks to the participation of representatives of the people in the administration of justice, judicial proceedings become more transparent and open.

THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS

2021 ◽  
Vol 11 (2) ◽  
pp. 205-225
Author(s):  
V.V. MOVCHAN
Keyword(s):  
Human Rights ◽  
Judicial System ◽  
System Control ◽  
Judicial Process ◽  
Public Authorities ◽  
Legitimate Interests ◽  
Constitutional Right ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Judicial Protection

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.

scholarly journals The Right to Use Legal Remedies Against Court Decisions in Contested Procedure

2020 ◽  
Vol 4 (1) ◽  
pp. 9
Author(s):  
Arbnor Ajet Ajeti
Keyword(s):  
Human Rights ◽  
Main Idea ◽  
Scientific Paper ◽  
Fundamental Rights ◽  
European Convention ◽  
Court Decisions ◽  
Legal Doctrine ◽  
Legal Remedies ◽  
Court Proceedings ◽  
The Right

The purpose of this scientific paper is to handle in detail the main issues concerning the right to use legal remedies by the parties against court decisions. The right to use legal remedies against court decisions is recognized as one of the fundamental rights of litigants in the civil contested procedure. Due to the importance of using legal remedies in this procedure and other court proceedings, the right to use legal remedies is also foreseen by legal acts. We emphasize this because the right to use legal remedies is guaranteed by the Universal Declaration of Human Rights of 1948, by the European Convention on Human Rights of 1950. Also, the right to use legal remedies is guaranteed through the Constitution of the Republic of Kosovo of 2008 as one of the fundamental human rights. In contrast, the procedure, according to appealing means, has been regulated by the Law on Contested Procedure of Kosovo 2008. The main idea of this scientific paper is to clarify the right of parties to use legal remedies and what are legal remedies to this procedure. The results of handling consist of understanding the importance of legal remedies, in which cases legal remedies may be submitted, and their impact in exercising the right of litigants in order to provide protection to the legal interests of the parties. In this scientific paper have been conducted handlings concerning the right to use legal remedies, types of appealing means, ordinary legal remedies, and extraordinary legal remedies. This scientific paper is based on applicable legislation, judicial practice, and legal doctrine. In this paper are also given conclusions regarding the right to use legal remedies against court decisions in the contested procedure.

scholarly journals Administrative legal proceedings in Russia and foreign countries: a comparative legal analysis

2021 ◽  
Vol 39 (3) ◽  
pp. 80-84
Author(s):  
S. N. Keramova ◽  
Keyword(s):  
Great Britain ◽  
Dispute Resolution ◽  
Legal Analysis ◽  
High Quality ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
Specialized Courts ◽  
Court Proceedings ◽  
Administrative Proceedings

The article provides a comparative legal analysis of the administrative proceedings in Russia and foreign countries: France, Germany, Great Britain, USA, Italy, Spain, Switzerland. The relevance of the topic of the article is due to the need to identify the existing shortcomings of administrative court proceedings in Russia and possible ways to eliminate them, as well as the ongoing reforms of administrative court proceedings in the country. The advantages and disadvantages of the administrative proceedings of these countries and Russia are indicated, changes in the system of bodies carrying out administrative proceedings are proposed. The result of the study is the formulation of conclusions on improving administrative legislation using the experience of foreign countries, as well as on the need to create specialized courts in Russia, which will contribute to a narrower qualification of judges, high-quality dispute resolution, as reduce the burden on courts of general jurisdiction

scholarly journals Mediation from the Penalogical Viewpoint

2019 ◽  
Vol 7 (2) ◽  
Author(s):  
Mohammad Hossein Hajaryan ◽  
Iraj Golduzian ◽  
Ehsan Hajarian
Keyword(s):  
Low Cost ◽  
Criminal Liability ◽  
Status Quo ◽  
Judicial System ◽  
Legal Punishment ◽  
Advantages And Disadvantages ◽  
The People ◽  
The Status ◽  
Settlement Of Disputes

Due to increasing population and heaviness of the judicial system's burden and high expense of referring to the courts for the people of society, the judicial system tries to settle disputes through traditional and low cost ways. Mediation is a body which has long history in settlement of disputes between persons but the use of mediation has advantages and disadvantages. As mediation cost is lower than cost of referring to court, the parties will prefer to use this body. Result of mediation creates liability for the criminal and although this liability has no predetermined legal punishment, it is criminal liability which is enacted by the nongovernmental persons under supervision of government for the status quo of the dispute. Punishment has had different function at different times. It sometimes had authoritarian function and was controlled by the states and sometimes had preventive-corrective function and aims to protect people against the offender's behavior. This article attempts to show purpose of the mediation result in societies. Key words:Mediation, Penal, Penology

scholarly journals The Definition Artificial Intelligence and Its Semantic and Procedural Meaning in the Judicial System of Russia and Foreign Countries

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 41-45
Author(s):  
Irina V. Vorontsova ◽  
◽  
Yulia A. LuKonyna ◽  
Keyword(s):  
Artificial Intelligence ◽  
Judicial System ◽  
Judicial Process ◽  
Foreign Countries ◽  
Information Law ◽  
Definition Of ◽  
New Generation

The article reveals the definition of the artificial intelligence through the prism of the information law and modern trends in the development of the new generation technologies in the judicial system of Russia and the most digitally developed foreign countries. The artificial intelligence is seen as a virtual assistant, designed not to replace the judge, but to become an aider for him, capable of performing simple automatic operations that make up the judicial process.

scholarly journals Administrative offenses in the field of traffic in Germany

2020 ◽  
pp. 22-27
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Judicial System ◽  
European Countries ◽  
Court Cases ◽  
Judicial Process ◽  
Conceptual Approach ◽  
Foreign Countries ◽  
Administrative Jurisdiction

Introduction. The quality of justice depends on the peculiarities of the judicial process, in one way or another the opinion of the population about the judicial system is formed. This fact actualizes the need for research on the organization of court cases in foreign countries. However, it should be noted that a unified conceptual approach to the organization of litigation has not yet been developed. The automatic transfer of one of the world's existing models into the domestic judicial system can hardly be effective: any legal institute must organically fit into the already existing legal system. At the same time, the study of models of organization of trials of progressive European countries is necessary, since some of their elements can be borrowed and implemented in Ukraine today. The purpose of the paper is the analysis of the peculiarities of consideration of cases of administrative offenses in the field of traffic in Germany. Results. The experience of Germany shows that judicial review of administrative offenses in the field of traffic is conducted only if the offender (interested person) decides to appeal against the decision of the administrative jurisdiction to apply sanctions. In turn, to prevent the delinquent delinquency of administrative cases in the field of traffic, the courts are empowered to change the sanctions of administrative jurisdictions in the direction of increasing them, in addition, the court may reclassify the offense into a crime (during the case). Conclusion. The German legislature's approach to the organization of the trial and the circumstances of the case compels the offenders to pay the fine in the pre-trial proceedings. In this regard, the German judicial system is not overloaded with cases of this category, unlike the domestic judicial system.

Consideration of Civil Disputes During a Pandemic: Experience of England and Wales

2021 ◽  
Vol 6 ◽  
pp. 83-87
Author(s):  
A. S. Slabospitsky ◽  
Keyword(s):  
Dispute Resolution ◽  
Scientific Knowledge ◽  
Judicial System ◽  
Access To Justice ◽  
England And Wales ◽  
Advantages And Disadvantages ◽  
Legal Method ◽  
Administration Of Justice ◽  
The Subject ◽  
Court Proceedings

The restrictions that have arisen in a pandemic have a significant impact not only on substantive relations, but also affect the scope of dispute resolution. The resulting «procedural risks» arising from the «freezing» of court proceedings during a pandemic can be partially neutralized, for which it is necessary to use various remote mechanisms of access to justice. The author of this article researched international and interstate agreements, as well as legislation, experience of the judicial system of England and Wales, which adopted a number of procedural mechanisms for remote litigation in civil and economic disputes. The subject of work is interstate agreements and legislative and other normative legal acts of England and Wales, regulating the administration of justice in civil and economic disputes during a pandemic, the legal positions of the highest courts of England and Wales. The purpose of the work is to highlight the practical proposals of this jurisdiction for the administration of justice during the period of current restrictions, to identify the advantages and disadvantages of the analyzed experience. In the study, the following methods were used: logical methods (analysis, synthesis), formal legal method, and the study was carried out taking into account other methods of scientific knowledge. It is indicative that, despite the analysis of the experience of two independent judicial systems, a number of mechanisms proposed for implementation have common fundamental features, such as the transition to the widespread use of videoconferencing for holding a court session, as well as the resulting problems in identifying participants in the trial and the evidence presented.

THE APPLICATION OF WELLBEING RESEARCH TO REGIONAL LEVEL IN LITHUANIA

2015 ◽  
Author(s):  
Gintarė VAZNONIENĖ ◽  
Bernardas VAZNONIS
Keyword(s):  
Social Sciences ◽  
Regional Development ◽  
Good Practice ◽  
Research Problem ◽  
Regional Level ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
Key Factor ◽  
Development Context

In this article the significance of wellbeing research in the regional level in Lithuania has been analyzed, the advantages and disadvantages of the objective and subjective wellbeing research have been evaluated. The results of the analysis of wellbeing research reveal that the wellbeing research in the regional level is poorly amplified, the wellbeing research in the social sciences is not marked, the wellbeing is investigated in other fields not in social sciences or according to the aims of the researher and more often causes and outcomes of social economical inequality for regional development are emphasized. Scientific studies show that wellbeing research can have big influence for shaping the future of regions because it concerns local people, their choices and overall wellbeing of a particular region. Findings from foreign countries good practice disclose that wellbeing is currently widely used as a key factor and trend for the development policy evaluation. Accordingly in this article big attention is drawn to wellbeing research possible effect for policymakers. It can be concluded that wellbeing research should become an important discussion object in the regional development context because it reveals the situation about people overall wellbeing and particular life domains. The main aim of this article is to analyse the importance of wellbeing research to regional level in Lithuania. The research problem of this article is the fact that the poor experience of wellbeing research in Lithuania insufficiently reveals the wellbeing expression and use in the regional level. In the research common research methods like analysis and synthesis of the scientific literature, analysis of documents and comparative analysis have been employed.

INSTITUTE OF TRIAL BY JURY IN THE RUSSIAN EMPIRE: ORIGIN AND DEVELOPMENT

2020 ◽  
Author(s):  
Rafael Komiljonov
Keyword(s):  
Russian Empire ◽  
Jury Trial ◽  
Judicial Process ◽  
The Past ◽  
Russian State ◽  
Administration Of Justice ◽  
Jury System ◽  
The Russian Empire ◽  
The Moment

The article examines the Genesis of the institution of jury trial in the Russian Empire from the moment of its introduction to the end of the Provisional government. It is noted that the emergence of a trial with the participation of jurors was influenced by Western models of the judicial process, and the forms of participation of citizens in the administration of justice that previously existed on the territory of the Russian state were taken into account. The role that the jury system has played with some success in the search for truth, justice, and the implementation of effective and independent justice in the past centuries is particularly highlighted.

Judicial Legislation

1989 ◽  
Vol 2 (1) ◽  
pp. 3-18
Author(s):  
Oliver Aylmerton
Keyword(s):  
Judicial System ◽  
Democratic Process ◽  
Central Topic ◽  
The People ◽  
Parliamentary Debate ◽  
The Law ◽  
Elected Representatives

The author describes the main characteristics of the English judicial system and its methodology. A central topic is the so-called judicial legislation, as is illustrated by the developing case lawwith respect to the tort of negligence. The method has the twin advantages of flexibility and pragmatism and it also has the advantages of speed. But there is a minus side also. First, the development of the law in this way can only be achieved at the expense of certainty. Secondly, it involves the alteration of the law, sometimes a quite radical alteration, without any extensive consideration of the practical and economic results such as would take place in the course of parliamentary scrutiny and debate. Judges are not the elected representatives of the people and the methodology of English Judges which results in the development and alteration of the law without the benefit of parliamentary debate may not perhaps be altogether a satisfactory democratic process to a constitutional purist.

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