scholarly journals МОВА ЦИВІЛЬНОГО СУДОЧИНСТВА ТА СУДОВОГО РІШЕННЯ У ЦИВІЛЬНІЙ СПРАВІ

2019 ◽  
Vol 12 ◽  
pp. 313-320
Author(s):  
І. В. Андронов
Keyword(s):  
Theoretical Analysis ◽  
Civil Procedure ◽  
Official Language ◽  
Judicial Practice ◽  
Regional Languages

Зміст однієї з основоположних засад цивільного судочинства — принципу державної мови судочинства, у зв'язку з прийняттям та набранням чинності цілої низки норматив­но-правових актів, які по-новому визначають порядок використання державної мови у процесі відправлення правосуддя, зазнав суттєвої трансформації. Передбачена законом можливість використання регіональних мов у цивільному судочинстві підіймає цілий пласт питань, які потребують як науково-теоретичного аналізу, так і практичного ви­рішення у судовій практиці.   The table of contents of one of fundamental principles of the civil procedure — principle of official language of process, in connection with an acceptance and entry by virtue of a number of legal acts that newly determine the order of the use of official language in the process of administering law, was exposed to substantial transformation. Statutory possibility of the use of regional languages in the civil procedure lifts the whole layer of questions, that need both theoretical analysis and in a practical decision by judicial practice.

scholarly journals The features of participation of the defender and the legal representative of a juvenile suspect (accused) in the stage of preliminary investigation

2019 ◽  
pp. 196-199
Author(s):  
Анна Кучинская ◽  
Anna Kuchinskaya
Keyword(s):  
Theoretical Analysis ◽  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Representative ◽  
Defense Counsel ◽  
Judicial Practice ◽  
Procedure Code ◽  
The Russian Federation

In the article the theoretical analysis of the provisions of the Russian Federation Criminal Procedure Code, regulating the procedural activities of the defense and the legal representative of a juvenile suspect (accused). The author identified gaps in the current legislation and ways to fill them. Summarizing the materials of judicial practice, the author presents data on the effectiveness of participation of defense counsel and legal representative.

Establishing the Circumstances of Civil Cases: Some Doctrinal and Practical Approaches

2021 ◽  
Vol 16 (12) ◽  
pp. 53-68
Author(s):  
S. M. Mikhailov ◽  
M. D. Olegov
Keyword(s):  
Russian Federation ◽  
General Rule ◽  
Civil Procedure ◽  
Judicial Practice ◽  
Legal Fiction ◽  
Close Relationship ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
Civil Cases ◽  
True Knowledge

The paper analyzes certain provisions of civil procedural legislation in terms of their effectiveness as a means of establishing actual circumstances of civil cases by the court from the standpoint of doctrine and judicial practice. The authors examine the relationship between the presentation and disclosure of evidence, draw a conclusion about their close relationship, and their identification, sometimes admitted by judicial practice, is critically assessed. The question of the period for disclosure of evidence was investigated, in respect of which it was concluded that provisions of the Code of Civil Procedure of the Russian Federation, although not quite specific, but sometimes quite definitely allow this period to be established. Taking into account the stance of the Supreme Court of the Russian Federation, then authors propose a solution to the problem of the consequences of non-disclosure of evidence in a civil case. The paper analyzes individual norms and institutions that allow the court to establish the circumstances of civil cases without evidence or on the basis of explanations of the other party. It is concluded that the norm of the second sentence of Part 1 of Art. 68 of the Code of Civil Procedure of the Russian Federation is neither a legal fiction nor an evidentiary presumption. This is one of the manifestations of the action of the general rule for the distribution of the duty of proof. The authors support and justify the position that the norm of Part 31 of Art. 70 of the Arbitration Procedure Code of the Russian Federation is an evidentiary presumption, and the presumption not of fact, but of evidence. In relation to Part 3 of Art. 79 of the Code of Civil Procedure of the Russian Federation, it is concluded that establishment of the facts by the court by applying this norm does not mean obtaining true knowledge about them. Therefore, this provision of the civil procedure law is applied in judicial practice with extreme care.

scholarly journals SELECTED LEGAL ISSUES OF LAND CADASTRAL SURVEYING IN LITHUANIA

2015 ◽  
Vol 41 (2) ◽  
pp. 74-80
Author(s):  
Vladislovas Česlovas Aksamitauskas ◽  
Kristina Grinevičiūtė
Keyword(s):  
Theoretical Analysis ◽  
Legal Issues ◽  
Legal Regulations ◽  
Land Plot ◽  
Judicial Practice ◽  
Immovable Object ◽  
Cadastral Surveying

This study is limited to the selected problematic aspects of cadastral surveys of land plots. Special attention is paid to the problem of on-site marking of the land plot boundaries. Authors have found that it determine imperative and complicated legal regulations. Cases where the act of marking-demonstration of the land plot boundaries is declared faulty in judicial practice are discussed. The problems of establishing the land plot boundaries are considered. Theoretical analysis is based on judicial practice. The advanced judicial practice demonstrates that immovable object cadastral surveys cannot correct legal ownership relationships.

scholarly journals Zarzut potrącenia jako podstawa powództwa opozycyjnego po zmianach wprowadzonych na mocy ustawy z dnia 4 lipca 2019 r. o zmianie ustawy – Kodeks postępowania cywilnego oraz niektórych innych ustaw (Dz.U. 2019, poz. 1469)

2020 ◽  
Vol 29 ◽  
pp. 198-212
Author(s):  
Andrzej Olaś ◽  
Keyword(s):  
Civil Procedure ◽  
Practical Application ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Theoretical Assumptions

This article discusses the issue of the set-off defense as the basis for an action to limit or cancel the enforceability of an enforceable title after amendments as provided for pursuant to the Act of 4 July 2019 amending the Act – Code of Civil Procedure and some other acts. The purpose of the article is to indicate the basic interpretative issues emerging from the regulations contained in the Article 840 § 1 item 2 of the Code of Civil Procedure which are likely to pose major problems in its practical application and to offer some reasoned proposals for their solution in a manner consistent with theoretical assumptions and at the same time as useful as possible for judicial practice in the civil proceedings.

scholarly journals The Urgency of Prioritizing Indonesian Language for Efficiency of The Public Education Process to Against Endemic Threats

2021 ◽  
Vol 317 ◽  
pp. 02011
Author(s):  
Nur Sitha Afrilia ◽  
M. Suryadi
Keyword(s):  
Public Education ◽  
Public Communication ◽  
Official Language ◽  
Misleading Information ◽  
The Public ◽  
Medical Terms ◽  
Legal Foundation ◽  
Regional Languages ◽  
Primary Medium ◽  
Education Process

The threat of endemic that caused by the pandemic of global Covid-19 should be educated by a capable and well legitimized person. This is a manifestation of efforts to anticipate the fatal risks caused by the misleading information conveyed to the public. Indonesian language, as the primary medium that associates public communication, basically needs to optimize its function in order to be able to minimize the risk of misleading information. The researcher used qualitative methods by collecting information from the mass media, which used the diversity of medical terms, and words in regional languages that often triggers the ambiguity of meaning in the society. Therefore, it is necessary to have consistent collaboration between institutions to optimized the Indonesian language’s function in the health education process. This optimization is also an embodiment of UU No.24 / 2009, which is the legal foundation for using Indonesian as the state’s official language.

scholarly journals Judicial mediation in the code of civil procedure of the Republic of Moldova

2021 ◽  
Author(s):  
Alexandru Prisac ◽  
Keyword(s):  
Civil Procedure ◽  
Legal Institution ◽  
Republic Of Moldova ◽  
Judicial Practice ◽  
The Republic

In this article, a relatively new civil procedural institution from the Code of Civil Procedure of the Republic of Moldova was analyzed. All the procedural conditions in which judicial mediation takes place were analyzed. Those problematic aspects regarding the application in judicial practice of this legal institution were not overlooked. Likewise, those legislative imperfections existing in the Code of Civil Procedure on judicial mediation that we propose to be removed by amending and supplementing this legislative act were highlighted.

scholarly journals COMPENSATION OF CIVIL PROCEDURE COSTS IN MASS TORT LITIGATION

2018 ◽  
pp. 069
Author(s):  
Ana Lukić Vidojković
Keyword(s):  
Civil Procedure ◽  
Mass Tort ◽  
Judicial Practice ◽  
Tort Litigation ◽  
Litigation Cost ◽  
Legal Consequences

This paper examines the legal consequences of mass tort litigation where the amount of damages is multiple times lower than the litigation cost. In the context of current judicial practice, the author observes this phenomenon from the aspect of prohibition of abuse of rights, and offers proposals for improving the existing regulation in order to effectively prevent the abuse of rights.

scholarly journals الاستفادة منها في تعليم اللغة العربية للومبوكيين SASAK-INDONESIA الكلمات الساساكية ذات أصل عربي في معجم

2018 ◽  
Vol 2 (01) ◽  
pp. 1-11
Author(s):  
Muzamiludin ◽  
Nuradi
Keyword(s):  
Official Language ◽  
Regional Languages ◽  
Descriptive Method

Language Absorption is something that available in all Language because Languages is something lives, develops, and the absorption is not limited in only an official language of a country, but includes regional languages ​​as well as in the Sasak language. To complete this research the researcher used analytical descriptive method that appropriate with the research, because this research was aimed for collecting sasak’s, vocabulary wich from arabic in the Kamus Bahasa Sasak-Indonesia letters A to J and analyzing  meaning alteration, pronuncing, and composition, and then use it to teaching Arabic for Lombok’ people. And the result of this research indicate that there seventy one sasak language’s vocabularies that from arabic divided into Four parts according to meaning Changes and the forms  Sasak Language: 1) Vocabulary that contains the same meaning as in Arabic, example: word “AKIL” and "عاقل", 2) Vocabulary that undergoes a total changes of the meaning in Sasak language, example: word “JINAH” and "زنى", 3) Vocabulary that experiences meaning in Sasak Language, example: word “AMIL” and "عامل", 4) Vocabulary that experiences stricture meaning in Sasak language, example: word “JIMAT” and "عزيمة", study tells that the vocabulary can use to teach Arabic for lombok's people, especially for beginner.

scholarly journals Research on Lis Pendens in Private International Law

2021 ◽  
Vol 8 (8) ◽  
pp. 61-64
Author(s):  
Baozhou Zhou ◽  
Keyword(s):  
International Law ◽  
Civil Procedure ◽  
Direct Result ◽  
Private International Law ◽  
International Level ◽  
International Treaties ◽  
Judicial Practice ◽  
National Jurisdiction

Litigation concurrence, or parallel proceedings, is an essential issue in the international civil procedure law and judicial practice. It is a direct result of the division of national jurisdiction legislation at the international level. In order to avoid wasting judicial resources, the development of private international law has led to a move towards refinement and harmonisation of the provisions on parallel proceedings in national and international treaties. Lis pendens is a settlement of parallel proceedings and plays an important role in private international law.

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