THE CONCEPT OF OPENNESS IN MILITARY COURT PROCEEDINGS: ITS MEANING, PURPOSE AND LEGAL NATURE

A decade ago, Serbia has carried out the reform of judicial control of public administration - by establishing the new Administrative Court. The expected results, however, have not been achieved and the problems that caused the reform have not been resolved. Therefore, a decade later, a new reform is in sight. The planned changes include establishing more administrative courts and introducing a two-instance administrative dispute. The aim of this paper is to discuss these changes, but in a slightly different way. Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute. Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes.

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Formation of the trial jury in the period of the pandemic: Russian and foreign experience

SHS Web of Conferences ◽

10.1051/shsconf/202110804006 ◽

2021 ◽

Vol 108 ◽

pp. 04006

Author(s):

Lydia Alekseevna Voskobitova ◽

Tatiana Yurievna Vilkova ◽

Sergei Aleksandrovich Nasonov ◽

Maksim Aleksandrovich Khokhryakov ◽

Rifat Rahmadjon Rahmadjonzoda ◽

...

Keyword(s):

Theoretical Treatment ◽

Significant Modification ◽

Normative Approach ◽

Foreign Countries ◽

Administration Of Justice ◽

Legal Nature ◽

Analysis And Synthesis ◽

Judicial Proceedings ◽

The Russian Federation ◽

Court Proceedings

The prerequisites for the research were formed by a complex collision between the legal nature of proceedings in the jury court and the standard sanitary and epidemiological restrictions. This collision was revealed in the course of the theoretical treatment of administration of justice in the pandemic period. The primary stage of judicial proceedings involving the participation of the jury was highlighted by the authors as a subject of the research – formation of the trial jury, where the said collision appears to be especially acute. The purpose of the study was to search for possible solutions to this collision; the objective – verification of the hypothesis stating that the pandemic situation has engendered a significant modification of the procedural form of trial jury selection. To resolve this problem, the normative approach, along with the method of legal comparative studies, was used: the criminal procedure legislation and the practice of its enforcement in the Russian Federation and a number of foreign countries was analysed. General logical methods were used: analysis and synthesis, induction and deduction, abstraction and progression from the abstract to the concrete, etc. The result of the research is the identification of special approaches in the Russian and foreign models of court proceedings involving the participation of the jury, reflecting the intention to adjust the procedure of trial jury formation to the pandemic period requirements: telecommuted formation of the trial jury in full or in part; replacing verbal questioning of candidates to the jury with a written questionnaire; extending the questioning of jury candidates through the inclusion of specific issues concerning the epidemiological situation. The hypothesis proposed in the publication was confirmed, in particular, relative to the Russian court proceedings with the participation of the jury.

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The role of the Occupational Court of Latvian Medical Association in the system of legal liability of medical practitioners

SHS Web of Conferences ◽

10.1051/shsconf/20185101014 ◽

2018 ◽

Vol 51 ◽

pp. 01014

Author(s):

Aldis Liepins ◽

Osvalds Joksts ◽

and Janis Vetra

Keyword(s):

Medical Association ◽

Medical Errors ◽

Legal Liability ◽

Legal Regulation ◽

Professional Liability ◽

Medical Practitioners ◽

Legal Nature ◽

Court Proceedings ◽

Made In

The article The Role of the Occupational Court of Latvian Medical Association in the System of Legal Liability of Medical Practitioners describes the system of professional liability of medical practitioners, analyzing in details one of the institutions, which ensures professional liability of doctors and dentists – the Occupational Court of Latvian Medical Association. The article characterizes the position and role of the Occupational Court in the system of legal liability of medical practitioners, researches legal regulation for operations of the Occupational Court, the essence of the Occupational Court proceedings and the legal nature of decisions made in the Occupational Court. The article identifies potential problems in operations of the Occupational Court, making proposals how to eliminate the problems found out. The authors offer to expand the competence of the Occupational Court in the future. The article also touches upon such problematic issues relating to legal liability of medical practitioners as doctor's errors and medical errors, causality, etc.

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A Russian Judge Roadmap of Intellectual Dispute Consideration and Resolution

Russian judge ◽

10.18572/1812-3791-2020-10-3-6 ◽

2020 ◽

Vol 10 ◽

pp. 3-6

Author(s):

Yuriy F. Bespalov ◽

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Russian Federation ◽

Legal Nature ◽

The Russian Federation ◽

Court Proceedings ◽

Proper Consideration ◽

The Way

The article presents the roadmap of the Russian judge for the consideration and resolution of intellectual disputes and other requirements in the intellectual and legal sphere. The author defines the list of actions of the judge at the stage of acceptance of the statement of claim (application) for court proceedings and at the stage of consideration and resolution of the case. The circumstances that are important for the proper consideration and resolution of an intellectual dispute include: 1) infringed intellectual property rights; 2) the substance of the violated right and its legal nature; 3) the person committed a violation of intellectual property rights; 4) the circumstances under which committed such violation; 5) whether the plaintiff is a person whose right is violated; 6) it is determined the way of protection; 7) the rules of law to be applied; 8) other, depending on the situation. Proposals were made to improve the legislation of the Russian Federation in the intellectual sphere.

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Die arbeitsgerichtliche Kontrolle kirchlicher AVR sowie von AVR-Verweisungsklauseln

10.5771/9783845299136 ◽

2020 ◽

Author(s):

Johannes Schmid

Keyword(s):

Employment Contracts ◽

Employment Contract ◽

Collective Agreements ◽

General Terms ◽

Legal Nature ◽

Court Proceedings

Church employment contract terms (AVRs) have a different legal nature than collective agreements. In part, it is still unclear how AVRs are to be handled by labour courts—in particular within the scope of the control of general terms and conditions. This work examines the ‘whether’ and the ‘how’ of a labour court’s control of AVRs. The issue of how reference clauses in employment contracts are to be treated in labour court proceedings is another focus of this study. It points out that for both constitutional and simple legal reasons clauses in employment contracts referring to ecclesiastical AVRs are not subject to the control of general terms and conditions.

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Executive Criminal Law / Izvršno krivično pravo

Годишњак факултета правних наука - АПЕИРОН ◽

10.7251/gfp1404132s ◽

2014 ◽

Vol 4 (4) ◽

pp. 132

Author(s):

Marina Simović ◽

Dragan Jovašević

Keyword(s):

Criminal Law ◽

Legal Theory ◽

Criminal Proceedings ◽

Criminal Sanctions ◽

The Third ◽

Procedural Law ◽

Legal Nature ◽

Penal Law ◽

Court Proceedings ◽

The Right

Executive criminal law or the right of execution of criminal sanctions is the third constituent part of the criminal proceedings which logically follows after the substantive criminal law and formal criminal procedural law. Only the proceedings of execution of types and measures of criminal sanctions prescribed by the law and pronounced in court proceedings give the purpose to its prescription, and that is suppression and prevention of criminality. Since this is a new branch of positive criminal (penal) law, the authors, on the basis of domestic and foreign legal theory, have analyzedat this paper the concept, subject, title, function, sources, characteristics, legal nature and location of this branch of criminal law.

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Legal Nature of Lawsuit Challenging Registered Title to Real Property

Journal of Russian Law ◽

10.12737/3464 ◽

2014 ◽

Vol 2 (5) ◽

pp. 76-83

Author(s):

Тихон Подшивалов ◽

Tikhon Podshivalov

Keyword(s):

Real Estate ◽

Civil Law ◽

Real Property ◽

Judicial Practice ◽

Legal Nature ◽

The Subject ◽

Court Proceedings ◽

Retained Ownership

This article analyzes the legal nature of the action contesting the registered rights to real estate. This requirement is often stated in the court proceedings, but hasn’t unique classification. Author on the base of civil law and judicial practice doctrine consideration comes to the conclusion that to contest the registered rights to real estate it’s necessary to apply consequences of the invalidity of legal transaction in the form of return of real estate unit, and if the application of restitution is not possible, take an replevin action (if the plaintiff does not know the subject of the dispute ) or an action for recognition of ownership (if the plaintiff has retained ownership of the subject of dispute).

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