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.

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.

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.

scholarly journals PROBLEMS OF CRIMINAL LAW EVALUATION OF PATENT TROLLING

2020 ◽  
Vol 30 (2) ◽  
pp. 282-288
Author(s):  
V.V. Rovneyko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Good Faith ◽  
Judicial Practice ◽  
Legal Nature ◽  
Sufficient Degree ◽  
Legal Costs ◽  
The One ◽  
Abuse Of Law

The article deals with the issues of criminal law and legal assessment of patent trolling, which, on the one hand, is a kind of abuse of law and violation of the principle of good faith of participants in civil legal relations, and, on the other hand, has a sufficient degree of public danger and prevalence to be the basis of criminal liability. The author's conclusions are based on the study of media materials and judicial practice. Most of the “victims” of patent trolling pay money, not being mistaken about the legality of the claims, but being guided by the desire to avoid legal costs and other problems associated with litigation. Establishing the criminal legal nature of patent trolling is somewhat problematic, since it is a combination of fraud and extortion in the broad sense of these concepts. Signs of existing crimes, such as fraud (article 159 of the criminal code) and extortion (article 163 of the criminal code), contain definitions of these concepts in a narrow sense. This does not allow such actions to be classified as specified crimes.

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

scholarly journals THE IMPLEMENTATION OF MATERIAL CRIMINAL LAW TOWARD THE CRIME OF TRAFFICKING IN PERSONS

2021 ◽  
Vol 1 (1) ◽  
pp. 97-113
Author(s):  
Warsifah Warsifah ◽  
Julian Mangatur
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Code ◽  
Court Decision ◽  
District Court ◽  
Trafficking In Persons ◽  
Campus Environment ◽  
Library Research ◽  
The One ◽  
Economic Capacity

The unbalanced and unequal economic growth in society often creates social and social jealousy in the community. On the one hand, there is a group of people who have sufficient capacity economically, but on the other hand there is a group of people who have no economic capacity in their lives, so that the latter group is often a social problem that even commits the crime of theft, for example. The criminal act of theft according to the Criminal Code, there is an element of "burdensome" as regulated in Article 363 paragraph (1) of the 5th Criminal Code, namely: "It is punished with a maximum imprisonment of seven: Theft committed by a wrongdoer by entering the place. the crime or it can reach the goods to be taken, such as the example of the case presented by the author in this thesis research, namely the theft of a helmet which was committed by the defendant, preceded by the defendant entering the campus environment, the case of which was decided by the Sukabumi District Court with a decision Number: 17 / Pid. B / 2010 / PN. Skh. The formulation of the problem that will be discussed by the author are: 1) How is the application of material law to the perpetrator of the crime of theft with weighting? and 2) How is the law enforcement against the perpetrators of the crime of theft of a helmet with a weight as in Court Decision Number 17 / Pid.B / 2010 / PN. Skh? The research method that the author uses is the normative juridical method, meaning that the data used comes from library research, carried out by searching, quoting, taking notes, inventorying, analyzing, and studying data in the form of library materials needed and related to law enforcement against perpetrators. theft by weight. Finally, based on the results of the research, the authors conclude that law enforcement against the perpetrators of the crime of theft of a helmet with a weight as in Court Decision Number 17 / Pid.B / 2010 / PN. Skh, the defendant was threatened with article 363 paragraph (1) to 5 of the Criminal Code, so that the defendant Agus Hery Santoso Bin Diyono was found legally and convincingly guilty of committing a criminal act. for 2 (two) months and 15 (fifteen) days.

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 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 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.

CRIMINAL RESPONSIBILITY FOR LEGALIZATION OF CRIMINAL INCOME: TO THE QUESTION OF THE SUBJECT OF CRIMINAL INFRINGEMENT

2020 ◽  
Vol 1 (3) ◽  
pp. 102-107
Author(s):  
Yu. S. ZHARIKOV ◽  
◽  
MAHIR BAYRAM OGLU AHMEDOV ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Subject

The article focuses on the characteristics of the subject of crimes under Art. 174.1 of the Criminal Code. Based on the analysis of applicable international, domestic and foreign legislation, as well as materials of judicial practice, the author determines the essential features of property acquired by a person as a result of a crime.

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

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