scholarly journals Ustrojowe gwarancje praw zatrzymanego jako wzorce sądowej kontroli zatrzymania w polskim procesie karnym

2021 ◽  
Vol 28 (2) ◽  
pp. 43-60
Author(s):  
Patryk Kępa
Keyword(s):  
Legal System ◽  
Direct Application ◽  
International Norms ◽  
Judicial Control ◽  
Recent Modification

The purpose of the article is to draw attention to the fact that the Polish legal system features system-related guarantees of the rights of the detainee which are regulated in a multi-centric system of law, consisting of a set of constitutional norms and legal international norms, which create the models of judicial control of detention in a Polish criminal lawsuit. The article puts forward a thesis that the Polish system features the socalled dispersed control of constitutionality, which is erroneously considered a synonym of the concept of the so-called direct application of the constitution. The questions under discussion are analysed by means of a formal-dogmatic method. The article also discusses the possibility of the participation of assistant judges in the exercise of judicial control of detention, with reference to the recent modification of the system-based position of assistant judges.

Application of international norms on human rights as a complex general legal problem

2021 ◽  
pp. 154
Author(s):  
Lev A. Lazutin
Keyword(s):  
Human Rights ◽  
Legal System ◽  
International Norms ◽  
Legal Problem ◽  
National Legislation ◽  
Legal Norms

The article is devoted to the interaction of domestic and international legal norms on human rights and the application of the latter in national legislation. The author comes to the conclusion that there are a number of problems in the implementation of international legal norms on human rights in the Russian legal system.

The Role of a Social Worker in Children Dragged Into Crime According to the Turkish Penalty System in the Digital World

2021 ◽  
pp. 19-38
Author(s):  
Fahri Özsungur
Keyword(s):  
Social Work ◽  
Social Workers ◽  
Social Worker ◽  
Legal System ◽  
Judicial Control ◽  
Digital World ◽  
The Social ◽  
Penalty System ◽  
And Training

Social work plays an important role in managing the process of planning, supervising, and ensuring the sustainability of protective and supportive measures applied to children who are dragged into crime and in need of protection in order to prevent incompatibilities that may arise in society. Social workers are actors in the field in the execution of the process. In this chapter, these practitioners who have made significant contributions to social work by giving reports and opinions about the measures taken by the courts about the children dragged into crime, determining the criminal tendencies of the children and the necessary precautions and training, are examined closely in the context of the Turkish legal system. The chapter includes the issues of judicial control, protective and supportive measures, preparation of a plan for the implementation of cautionary decisions, confidentiality, the role of the social worker and the social worker board for children who are dragged into crime and in need of protection.

INDIRECT JUDICIAL CONTROL OVER THE LEGALITY OF ADMINISTRATIVE ACTS

2021 ◽  
Vol 11 (3) ◽  
pp. 259-292
Author(s):  
A.F. VASILYEVA
Keyword(s):  
Legal System ◽  
Negative Impact ◽  
Civil Law ◽  
Judicial Control ◽  
Administrative Procedure ◽  
Indirect Control ◽  
Legal Implications ◽  
Legal Sanctions ◽  
Administrative Act ◽  
Legal Force

Indirect judicial control over the legality of administrative acts within the framework of which the court considers civil law claim whilst evaluates the legality of an administrative act with a missed deadline of direct retrial, is one of the most pressing and unresolved problems of civil and administrative law interplay. The permissibility of indirect judicial control over legally binding administrative acts generates inter-branch conflicts, ‘divergent legal implications’ that have negative impact both on the citizen, when his conduct, permitted by an administrative procedure, entails civil legal sanctions, and on the administrative body, since the civil law practice is a means of “invasion” into its competence to assess the circumstances of the case and make decisions in a particular managerial situation1. The approach of not accepting the binding nature of an administrative act which has legal force, established in the Russian legal system for the court considering a civil case, is perceived as an axiom that does not require proof. However, looking at the problem of binding nature of an administrative act through the prism of the German concept of legal force of administrative acts allows us to question the validity and effectiveness of this axiom for modern civil and public circulation. In German legal system indirect control over the legality of legally binding administrative acts is not possible, such acts are considered obligatory for the courts, with the exception of acts that are null. Thus, the limits of indirect judicial control over the legality of administrative acts are placed in their legal force, and the very concept of the legal force of administrative acts must be built on the grounds of harmonization of the underlying interactive principles: legality, legal certainty, protection of trust.

Domestic Courts and the Content and Implementation of State Responsibility

2013 ◽  
Vol 26 (3) ◽  
pp. 643-665 ◽  
Author(s):  
STEPHAN WITTICH
Keyword(s):  
International Law ◽  
Legal System ◽  
International Norms ◽  
Fine Tuning ◽  
State Responsibility ◽  
Limited Role ◽  
Domestic Courts ◽  
International Legal System ◽  
Further Development

AbstractThis article examines the role of domestic courts in addressing questions of international law concerning the content and implementation of state responsibility. Practice shows that domestic courts only play a limited role in developing the international law of state responsibility. This is partly due to the limited number of cases decided by domestic courts. Furthermore, the practice of domestic courts is quite disparate, reducing their value in generating consistent practice. There is also a general inclination of domestic courts to apply remedies under municipal rather than international law, which reduces their significance as agents of international law. It is only in exceptional cases that domestic courts may contribute to clarifying controversial norms and support the further development of international law. Domestic courts may furthermore take on the task of fine-tuning international norms on state responsibility. Probably the most important role domestic courts may play in applying secondary rules of state responsibility is that of strengthening the effectiveness of the international legal system and its individual rules.

scholarly journals A Comparative Study of Judicial Control in Iran, U.S.A and Canada

2014 ◽  
Vol 44 ◽  
pp. 61-73
Author(s):  
Askar Jalalian ◽  
Parisa Anvari
Keyword(s):  
Comparative Study ◽  
Legal System ◽  
Judicial System ◽  
Administrative Claims ◽  
Legal Systems ◽  
Judicial Control ◽  
Specialized Courts ◽  
Tools And Techniques ◽  
And Control ◽  
The U.S

Supervision and control need tools and techniques that would usually take two forms: the first form is that the same court that hears claims and complaints submitted by the departments and its agents, handles other claims and all the claims are processed by these courts of justice. Another form of judicial supervision is supervision in a dual judicial system and that is a judicial system wherein only specialized courts are competent enough to review administrative claims and to investigate the conducts of the department and its agents. In this paper, we deal with how these tools are used in advanced legal systems like the U.S., and Canada and the Iranian legal system. The result we discover in the end is that in all stages of supervision by the supervisor and the supervised, there must be a sense of accountability to people and officials and this will be achieved by transparency in performance. In the absence of transparency supervision will be disrupted and some economic and administrative corruption will arise, because wherever there are secrecy and monopoly, the results will be inevitably corruption.

The Pan-European General Principles of Administrative Law

2020 ◽  
pp. 739-753
Author(s):  
Vuk Cucić
Keyword(s):  
Legal System ◽  
Case Law ◽  
Administrative Law ◽  
International Agreements ◽  
Language Barrier ◽  
Direct Application ◽  
Council Of Europe ◽  
The Core ◽  
The Impact

This chapter is dedicated to exploring the impact of the pan-European principles of good administration on Serbian administrative law. It shows that the main (and almost exclusive) path for reception of these principles in Serbia has been through legislation, including the ‘core’ domains of administrative law. This chapter furthermore reveals that the Serbian legal system only rarely relies on alternatives to legislative enactment such as direct application of ratified international agreements or development of standards through judicial and administrative case law. It identifies that the reasons for this are the language barrier, the lack of online dissemination of the relevant Council of Europe materials, and the prevailing ‘formalistic’ attitude—to name but a few.

ԱՌՈՂՋԱՊԱՀՈՒԹՅԱՆ ՈԼՈՐՏԸ ԿԱՐԳԱՎՈՐՈՂ ՄԻՋԱԶԳԱՅԻՆ ԻՐԱՎԱԿԱՆ ԱԿՏԵՐԻ ՎԵՐԼՈՒԾՈՒԹՅՈՒՆ/ANALYSIS OF INTERNATIONAL NORMS REGULATING HEALTHCARE/АНАЛИЗ МЕЖДУНАРОДНО-ПРАВОВЫХ АКТОВ В СФЕРЕ ЗДРАВООХРАНЕНИЯ

2020 ◽  
pp. 18-31
Author(s):  
Naira Zohrabyan
Keyword(s):  
United Nations ◽  
Legal System ◽  
Right To Health ◽  
International Norms ◽  
International Standards ◽  
International Treaties ◽  
Good Opportunity ◽  
National Legal System ◽  
Independent States ◽  
The Right

This article reviews norms of international treaties and other documents related to healthcare. United Nations conventions in the field of healthcare were subject to special attention. Practice of the Commonwealth of Independent States in ensuring right to health was also analyzed. The author demonstrates that the right to health has become an integral part of the national legal system and is enshrined in key legal acts. This provides with a good opportunity for the enjoyment of this right in compliance with the international standards.

scholarly journals INFLUÊNCIA DA HUMANIZAÇÃO DO DIREITO INTERNACIONAL NO HISTÓRICO DE VALORAÇÃO DAS NORMAS JURÍDICAS PELO SUPREMO TRIBUNAL FEDERAL BRASILEIRO

2017 ◽  
Vol 4 (2) ◽  
pp. 102
Author(s):  
Gabriel Aparecido Anísio Caldas ◽  
Norton Maldonado Dias
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
International Norms ◽  
International Treaties ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Common Value ◽  
History Of ◽  
Federal Supreme

RESUMO O trabalho faz um retrocesso no histórico da atuação do Supremo Tribunal Federal com a finalidade de acompanhar julgados influenciados por normas celebradas em Tratados e Convenções Internacionais durante o processo de codificação do Direito Internacional. A proposta sonda a hipótese de relação do processo de Humanização do Direito Internacional com as alterações da hierarquia das normas previstas em Tratados e Convenções Internacionais dentro do ordenamento jurídico brasileiro. Fica, bastante, claro que as oscilações verificáveis na atuação do Supremo Tribunal Federal quanto à hierarquia das normas internacionais deixaram de ter valor comum de legislações ordinárias para status especiais de supralegalidade e, até, de emendas constitucionais. Tratando-se, ao final, justamente, das influências do fenômeno da Humanização do Direito Internacional no processo de hierarquização das normas internacionais no ordenamento jurídico brasileiro quando, especificamente, versassem por direitos humanos. Palavras-chave: Hierarquia das Normas Internacionais. Direitos Humanos ABSTRACTThe work makes a step back in the history of the action of the Federal Supreme Court in order to accompany those judged to be influenced by norms established in International Treaties and Conventions during the codification process of International Law. The proposal examines the hypothesis of a relationship between the process of Humanization of International Law and the changes in the hierarchy of norms foreseen in International Treaties and Conventions within the Brazilian legal system. It is quite clear that the verifiable oscillations in the Federal Supreme Court's performance regarding the hierarchy of international norms have no longer common value of ordinary legislation for special statuses of supralegality and even constitutional amendments. In the end, it is precisely because of the influence of the phenomenon of the Humanization of International Law in the process of hierarchizing international norms in the Brazilian legal system when they specifically deal with human rights.Keywords: Hierarchy of International Legal Norms. Human rights.  

Contributions to the mechanisms of mitosis and roles of cytoplasmic microtubules from ultrastructural analyses of fungi

1978 ◽  
Vol 36 (2) ◽  
pp. 266-267
Author(s):  
I. Brent Heath
Keyword(s):  
Nuclear Envelope ◽  
Direct Application ◽  
Ultrastructural Analysis ◽  
General Interest ◽  
Research Results ◽  
Organelle Motility ◽  
Cytoplasmic Microtubules

Detailed ultrastructural analysis of fungal mitotic systems and cytoplasmic microtubules might be expected to contribute to a number of areas of general interest in addition to the direct application to the organisms of study. These areas include possibly fundamental general mechanisms of mitosis; evolution of mitosis; phylogeny of organisms; mechanisms of organelle motility and positioning; characterization of cellular aspects of microtubule properties and polymerization control features. This communication is intended to outline our current research results relating to selected parts of the above questions.Mitosis in the oomycetes Saprolegnia and Thraustotheca has been described previously. These papers described simple kinetochores and showed that the kineto- chores could probably be used as markers for the poorly defined chromosomes. Kineto- chore counts from serially sectioned prophase mitotic nuclei show that kinetochore replication precedes centriole replication to yield a single hemispherical array containing approximately the 4 n number of kinetochore microtubules diverging from the centriole associated "pocket" region of the nuclear envelope (Fig. 1).

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