scholarly journals The principle of independence of the judiciary as the basis of a democratic society

Author(s):  
Vyacheslav Harkusha

The article is devoted to the state of relations between the judiciary and the legislative and executive branches of government, maintaining a balance between branches of government, seeking to improve and optimize the organization of the judiciary in order to ensure access to justice by an independent and impartial court. The initiated judicial reform in 2016, as well as the attempt to restart it in 2019 and the current state of the judicial system are analyzed. The range of problematic issues in the field of justice and the reasons for their occurrence, the main of which are the imperfect balance between the branches of government, inefficient activities, and in some cases the inaction of the legislative branch. Sociological research was analyzed and the level of public confidence in the judiciary was established. It is concluded that in order to ensure the independence of the judiciary, as well as maintaining an effective balance between all branches of government, it is necessary to create conditions under which all three branches of government will be responsible for their actions before each other and control of one branch of government people in accordance with the principle of the rule of law. The necessity to develop a national strategy for the development of the judiciary, which should be adopted at the legislative level for at least 10 years and ensure the impossibility of changing the "rules of the game" in the field of justice during this period. The concrete and urgent steps that the judicial system needs today are identified, namely, the adoption at the legislative level of the procedure for forming the High Qualifications Commission of Judges of Ukraine, holding a fast and effective competition and, accordingly, launching this body. Until the formation of the High Qualifications Commission of Judges of Ukraine, its powers must be transferred to the High Council of Justice, which must take urgent measures to address staffing issues, including completing the selection for the position of judge, announced in 2017. To solve these problems, the Verkhovna Rada of Ukraine must adopt registered bills № 3711 and 4055.

2021 ◽  
Vol 4 (3) ◽  
pp. 101-116

This article highlights the key conclusions of international and national sociological research and observations on the current state of the judicial system of Ukraine. It analyses the achievements and failures at the main stages of the implemented judicial reform and highlights the importance of standards and recommendations for the proper organisation and functioning of the judiciary. Particular attention is paid to the conclusions of the ECtHR, which enshrine legal positions on issues that are essential for the implementation of effective justice: the inadmissibility of the use of independence guarantees of judges to avoid legal liability; the need to improve the institution of the jury; and balanced and strategic planning of further reforms in the field of justice.


2008 ◽  
Author(s):  
Lycia A. Carter ◽  
Dwayne G. Norris ◽  
Mark A. Wilson ◽  
Lee Ann D. Wadsworth ◽  
Kelley J. Krokos

2020 ◽  
Vol 9 (2) ◽  
pp. 275
Author(s):  
Dedi Putra

The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform in Indonesia, e-court, and access to justice, the conception of e-court including the performance of e-court and its drawbacks and challenges in the digital era. The research method uses normative research by approaching legal review and literature study. The technique of primary data collection applies Supreme Court regulation while means of secondary data are collected from concept or theory as set out under bibliography. Judicial reform in Indonesia is indicated by issuing new regulation regarding e-Court and e-Litigation, the implementation e-Court itself has been attributed to 32 courts consisting of general religious, and state administrative courts. Through e-Court, access to justice more transparent and accessible. Besides, justice seekers have no worries regarding distance issues as of e-Court may allow them to fight in court without face to face. Parties have no doubt relating to the acceleration of court to settle any dispute in Indonesia.


2019 ◽  
pp. 37-47
Author(s):  
Yao Yueqin ◽  
Oleksiy Kozlov ◽  
Oleksandr Gerasin ◽  
Galyna Kondratenko

Analysis and formalization of the monitoring and automatic control tasks of the MR for the movement and execution of various types of technological operations on inclined and vertical ferromagnetic surfaces are obtained. Generalized structure of mobile robotic complex is shown with main subsystems consideration. Critical analysis of the current state of the problem of development of universal structures of mobile robots (MRs) for the various types of technological operations execution and elaborations of computerized systems for monitoring and control of MR movement is done. In particular, wheeled, walked and crawler type MRs with pneumatic, vacuum-propeller, magnetic and magnetically operated clamping devices to grip with vertical and ceiling surfaces are reviewed. The constructive features of the crawler MR with magnetic clamping devices capable of moving along sloping ferromagnetic surfaces are considered. The basic technical parameters of the MR are shown for the further synthesis of computerized monitoring and automatic control systems. Formalization of the tasks of monitoring and control of the MR positioning at the processing of large area ferromagnetic surfaces is considered from the point of view of control theory.


2020 ◽  
Vol 04 ◽  
Author(s):  
A. Guillermo Bracamonte

: Graphene as Organic material showed special attention due to their electronic and conductive properties. Moreover, its highly conjugated chemical structures and relative easy modification permitted varied design and control of targeted properties and applications. In addition, this Nanomaterial accompanied with pseudo Electromagnetic fields permitted photonics, electronics and Quantum interactions with their surrounding that generated new materials properties. In this context, this short Review, intends to discuss many of these studies related with new materials based on graphene for light and electronic interactions, conductions, and new modes of non-classical light generation. It should be highlighted that these new materials and metamaterials are currently in progress. For this reason it was showed and discussed some representative examples from Fundamental Research with Potential Applications as well as for their incorporations to real Advanced devices and miniaturized instrumentation. In this way, it was proposed this Special issue entitled “Design and synthesis of Hybrids Graphene based Metamaterials”, in order to open and share the knowledge of the Current State of the Art in this Multidisciplinary field.


2020 ◽  
Vol 15 (5) ◽  
pp. 35-55
Author(s):  
N.P. STARYKH ◽  
◽  
A.V. EGOROVA ◽  

The purpose of the article is to analyze the current state of healthcare in Russia. Scientific novelty of the study: the authors suggest that the efficiency of the health care system depends on the state of such indicators of public health as life expectancy and healthy life expectancy. Life expectancy is an integrated demographic indicator that characterizes the number of years that a person would live on average, provided that the age-specific mortality rate of a generation would be at the level for which the indicator was calculated throughout life. The indicator ‘healthy life expectancy’ is formed by subtracting the number of years of unhealthy life (due to chronic diseases, disabilities, mental and behavioral disorders, etc.) from the life expectancy indicator. Results: the article presents an analysis of the current state of Russian healthcare based on statistical data provided by the Federal State Statistics Service, the World Health Organization, and world rankings. Attention is focused on the perceptions of Russians about the quality of medical services and Russian healthcare. Conclusions about the current state of health care in Russia are formulated by the authors, based on a secondary analysis of statistical data, as well as data from sociological research presented by leading Russian sociological centers.


1995 ◽  
Vol 117 (B) ◽  
pp. 80-86 ◽  
Author(s):  
Lung-Wen Tsai

This paper presents an overview of the current state-of-the-art in the design of tendon-driven manipulators. A special characteristic associated with tendon-driven manipulators is that tendons can only exert tension but not compression. Based on this unique characteristic, the fundamental mechanics associated with the design of tendon-driven manipulators are reviewed. The review includes structure classification, kinematics, statics, dynamics and control.


2005 ◽  
Vol 34 (4) ◽  
pp. 243-248
Author(s):  
L. Pinotti ◽  
V.M. Moretti ◽  
A. Baldi ◽  
F. Bellagamba ◽  
A. Campagnoli ◽  
...  

The protracted outbreak of mad-cow disease, repeated episodes of dioxin and mycotoxin contamination, and the issue of labelling genetically modified foods have severely shaken public confidence in the food supply industry, increasing consumer concerns about the origins of the raw materials used in both animal feed and food products. The need to develop improved techniques to characterize feed and food components has consequently become more urgent, and DNA-based technologies promise to be able to meet these needs. DNA methods can establish the origin of species in meat- and fish-based products and feed ingredients, and are the most reliable analytical approaches for authenticating processed foodstuffs. The identification of ingredients in processed feed and food is mandatory not only to ensure correct labelling and assessment of value, but also to avoid health risks related to the presence of toxic contaminants or pathogenic agents.


1999 ◽  
Vol 15 (5) ◽  
pp. 565-588 ◽  
Author(s):  
William C. Mahaney ◽  
Jessica Zippin ◽  
Michael W. Milner ◽  
Kandiah Sanmugadas ◽  
R. G. V. Hancock ◽  
...  

Subsamples of termite mound soil used by chimpanzees for geophagy, and topsoil never ingested by them, from the forest floor in the Mahale Mountains National Park, Tanzania, were analysed to determine the possible stimulus or stimuli for geophagy. The ingested samples have a dominant clay texture equivalent to a claystone, whereas the control samples are predominantly sandy clay loam or sandy loam, which indicates that particle size plays a significant role in soil selection for this behaviour. One potential function of the clays is to bind and adsorb toxins. Although both termite mound and control samples have similar alkaloid-binding capacities, they are in every case very high, with the majority of the samples being above 80%. The clay size material (<2 μm) contains metahalloysite and halloysite, the latter a hydrated aluminosilicate (Al2Si2O4·nH2O), present in the majority of both the termite mound soil and control soil samples.Metahalloysite, one of the principal ingredients found in the pharmaceutical Kaopectate™, is used to treat minor gastric ailments in humans. The soils commonly ingested could also function as antacids, as over half had pH values between 7.2 and 8.6. The mean concentrations of the majority of elements measured were greater in the termite mound soils than in the control soils. The termite mound soils had more filamentous bacteria, whereas the control soils contained greater numbers of unicellular bacteria and fungi.


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