scholarly journals Establishing Trust in the Court in Ukraine as a Strategic Task for Judicial Reform

2021 ◽  
Vol 4 (3) ◽  
pp. 101-116
Keyword(s):  
Strategic Planning ◽  
Legal Liability ◽  
Judicial System ◽  
Judicial Reform ◽  
Sociological Research ◽  
Current State

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.

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

2021 ◽  
Vol 1 (1) ◽  
pp. 72-76
Author(s):  
Vyacheslav Harkusha
Keyword(s):  
Judicial System ◽  
Public Confidence ◽  
Access To Justice ◽  
Judicial Reform ◽  
Sociological Research ◽  
Current State ◽  
Legislative Branch ◽  
Selection For ◽  
And Control ◽  
Rules Of The Game

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.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

DIAGNOSTICS OF THE CURRENT STATE OF HEALTHCARE IN RUSSIA

2020 ◽  
Vol 15 (5) ◽  
pp. 35-55
Author(s):  
N.P. STARYKH ◽  
◽  
A.V. EGOROVA ◽  
Keyword(s):  
Health Care ◽  
Life Expectancy ◽  
Statistical Data ◽  
Secondary Analysis ◽  
World Health ◽  
Healthy Life Expectancy ◽  
Federal State ◽  
Sociological Research ◽  
Healthy Life ◽  
Current State

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.

Principles of strategic financial management and their implementation in the information economy

2021 ◽  
Vol 27 (12) ◽  
pp. 2772-2784
Author(s):  
Anna P. GAVRYUSHENKO
Keyword(s):  
Strategic Planning ◽  
Strategic Management ◽  
Financial Management ◽  
Systems Approach ◽  
Information Economy ◽  
Legal Doctrine ◽  
Doctrinal Development ◽  
Russian Version ◽  
Management Objectives ◽  
Current State

Subject. This article discusses the general principles of strategic management in relation to strategic financial management. Objectives. The article aims to substantiate and formulate the principles of strategic financial management applicable in the conditions of the Russian version of the information economy, corresponding to the current documents of strategic planning and to the current state of the financial and legal doctrine. Methods. For the study, I used a systems approach, functional and structural analysis, retrospection, forecasting, observation, and classification. Results. The article reveals significant shortcomings of the current strategic planning documents, the lack of doctrinal development, as well as the normative consolidation of general and special principles, which could contribute to solving tasks by strategic financial management effectively. Conclusions. The general principles of strategic management in the economy as a whole are applicable and can be used as the basis for strategic financial management.

JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV
Keyword(s):  
Russian Federation ◽  
Major Change ◽  
Civil Procedure ◽  
Judicial System ◽  
Judicial Reform ◽  
Federal Law ◽  
Current Trends ◽  
Procedure Code ◽  
The Russian Federation ◽  
Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

Postgraduate Internationalisation in Brazil

2021 ◽  
Vol 9 (07) ◽  
pp. 1791-1805
Author(s):  
Concepta McManus ◽  
Abilio Afonso Baeta Neves ◽  
Cyntia Oliveira ◽  
Henrique De Oliveira Castro
Keyword(s):  
Higher Education ◽  
Strategic Planning ◽  
English Language ◽  
Language Skills ◽  
Education Institution ◽  
Funding Agency ◽  
Active Engagement ◽  
Current State ◽  
Funding Agencies ◽  
Almost All

Understanding the current state of the Internationalisation of postgraduate courses in Brazil was essential to serve as a basis for constructing effective policies in funding agencies. It also helps to understand the capacity of the higher education institution to carry out more effective strategic planning and internationalisation plans. This study looks at replies to a Brazilian national funding agency (CAPES) questionnaire on Internationalisation within Higher Education Institutes in Brazil, based on the postgraduate experience. Results showed that Internationalisation is based on mobility with little comprehensive thinking on its role towards academic achievement within the Postgraduate Programs realities, beyond the mobile individual.  English language skills need to be improved. While most institutions have offices that treat this theme, they lack an active engagement with the postgraduate programs and strategic planning, seen as vital for almost all institutions.  Resources are necessary to build infrastructure and capacitate lecturers and staff to this end.

scholarly journals Exceptions to Copyright for Scientific and Educational Purposes

2020 ◽  
Vol 9 (8) ◽  
pp. 67
Author(s):  
Roza Iosifovna Sitdikova ◽  
Ekaterina Sergeevna Starostina ◽  
Elvina Rustemovna Kashapova ◽  
Sergey Alexandrovich Baryshev
Keyword(s):  
Strategic Planning ◽  
Time Horizon ◽  
Socioeconomic Development ◽  
Process Approach ◽  
Regional Strategy ◽  
Educational Organization ◽  
Current State ◽  
The Russian Federation ◽  
Russian Education ◽  
Regional Problems

In this paper, it was tried to consider the current state of normative support for the development of strategic planning documents in the field of Russian education. The strategy for the development of education (DoE), as an industry document of strategic planning, has not been adopted in the Russian Federation (RF) to date. The article attempts to generalize the developments in this area, considers several international documents and projects of strategies for the development of Russian education  (DRE), national strategies focused on them. The analysis of regional strategy for the DoE, which is either component of strategies for socioeconomic development of the region, or separate concepts that are focused on municipal development strategies. Due to the lack of a strategic document at the Federal level, regional development concepts are mostly aimed at solving regional problems in the field of education, at a process approach, and, in fact, are not focused on solving breakthrough problems and taking into account all-Russian and global challenges. It is concluded that the Russian educational system cannot develop effectively in the course of planning only national projects that have their own time horizon; to solve this problem, a strategy for the DRE space is necessary, which can provide guidelines for the development of each educational organization.

CHALLENGES AND OPPORTUNITIES FOR THE CHINA INTERNATIONAL COMMERCIAL COURT

2019 ◽  
Vol 68 (04) ◽  
pp. 869-902
Author(s):  
Wei Cai ◽  
Andrew Godwin
Keyword(s):  
International Business ◽  
Critical Analysis ◽  
Judicial System ◽  
Global Competition ◽  
Judicial Reform ◽  
Judicial Interpretation ◽  
Global Business ◽  
Business World ◽  
Challenges And Opportunities ◽  
Commercial Courts

AbstractChina has confirmed its ambition to join the global competition for international business dispute resolution services by establishing the China International Commercial Court (CICC). The CICC has now begun operation following a judicial interpretation issued by the Supreme People's Court. By examining the trial process of the CICC as set out by the Supreme People's Court and comparing the rules with other international commercial courts, this article provides a detailed overview and critical analysis of the issues surrounding cases brought to the CICC. Overall, compared with the approaches adopted by other international commercial courts, the approach adopted by the CICC is conservative. Without bold innovations to China's existing judicial system, the competitiveness of the CICC is likely to be limited. This article argues that it is desirable for the Court to be more actively reformed. Such reforms might also promote judicial reform in China generally and increase China's institutional competitiveness in the global business world. This article also aims to outline the challenges that parties (in particular those from overseas) may face in litigation before the CICC and provide the international community with a critical analysis of the operation and framework of the CICC.

The Report of New Jersey's Constitutional Commission

1942 ◽  
Vol 36 (5) ◽  
pp. 900-906
Author(s):  
William Miller
Keyword(s):  
New Jersey ◽  
Policy Making ◽  
Structural Organization ◽  
Judicial System ◽  
Judicial Reform ◽  
Legislative Organization ◽  
State Constitution ◽  
Administrative Responsibility ◽  
Constitutional Revision

The Report of the Commission on Revision of the New Jersey Constitution (Trenton: May, 1942, 59 pp.), as conditioned by the peculiarities of the state's governmental environment, is conventional in philosophy but unique in many particulars. It recommends a new state constitution, which is set forth in full—a proposed constitution relatively short, and showing some rigidity in legislative organization and procedure, but ample flexibility in its executive and judicial provisions.The two outstanding characteristics of the proposed new constitution are its pronounced emphasis, first, upon positive restriction of the legislature to policy-making functions, and second, upon the identification of administrative responsibility through appropriate structural organization. Judicial reform has been the motivation for constitutional revision in New Jersey for over fifty years, and in recognition, the new document supplies a complete reorganization of the judicial system.

scholarly journals Big Data is Too Small: Research Implications of Class Inequality for Online Data Collection

2018 ◽  
Author(s):  
Jen Schradie
Keyword(s):  
Big Data ◽  
Data Science ◽  
Digital Data ◽  
The Internet ◽  
Sociological Research ◽  
Marginalized Populations ◽  
Online Data ◽  
Persistent Problem ◽  
Current State ◽  
Using Data

With a growing interest in data science and online analytics, researchers are increasingly using data derived from the Internet. Whether for qualitative or quantitative analysis, online data, including “Big Data,” can often exclude marginalized populations, especially those from the poor and working class, as the digital divide remains a persistent problem. This methodological commentary on the current state of digital data and methods disentangles the hype from the reality of digitally produced data for sociological research. In the process, it offers strategies to address the weaknesses of data that is derived from the Internet in order to represent marginalized populations.

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