scholarly journals High anti-corruption court in the context of international standards of judicial procedure and administration of justice

2021 ◽  
Vol 10 (46) ◽  
pp. 32-41
Author(s):  
Vasyl Kondrych
Keyword(s):  
Law Enforcement ◽  
Professional Ethics ◽  
Judicial System ◽  
International Standards ◽  
Administration Of Justice ◽  
The Status ◽  
Judicial Proceedings ◽  
General Scientific ◽  
Judicial Procedure ◽  
Consistent Application

The article is devoted to the study of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions on the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, formal-logical, comparative-legal and other methods. As a result of the study, the description of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions for the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts, is provided. It is noted that the rapid implementation of international standards in the national legislation and consistent application in law enforcement practice will help to restore the citizens' confidence in the judicial system, strengthen the authority of the judiciary, establish high criteria of competence, professional ethics and integrity, and effectively implement a specialized anti-corruption court in Ukraine.

ARBITRATION FLASH JUSTICE?

2021 ◽  
Vol 11 (1) ◽  
pp. 60-77
Author(s):  
A.R. SULTANOV
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Judicial System ◽  
Court Decision ◽  
Sources Of Information ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Administration Of Justice ◽  
External Conditions

In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

On the classification of the participants of civil process

2019 ◽  
pp. 224-234
Author(s):  
Aleksandr Fedorovich Voronov
Keyword(s):  
Russian Federation ◽  
Social Phenomena ◽  
Civil Process ◽  
The Status ◽  
Procedural Code ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Judicial Procedure

The article is devoted to the classification of participants in civil proceedings, it also touches on some issues of classification of participants in the commercial judicial proceedings and administrative judicial proceedings. Using logical methods of cognition: analysis, synthesis, deduction and induction, General scientific and special scientific methods and techniques knowledge of social phenomena and processes: historical, comparative, system-structural and others, the author concludes that the generally accepted classification of civil process participants is imperfect; based on the study of classification criteria, he proposes to identify new categories of participants in the process, to legislate their rights and obligations, to clarify their names. The author reveals the imperfection of some norms of the Civil Procedural Code of the Russian Federation and Code of Administrative Judicial Procedure of the Russian Federation, justifies the need to change them. The relevance of the research topic is justified by the fact that the new procedural legislation sometimes does not fully take into account the classification of participants in the process, which determines the status of the participant, the scope of his procedural rights and obligations, and this is directly related to the constitutional guarantees of protection of rights, freedoms and interests.

scholarly journals Current Issues and Problems of Challenging Legal Proceedings for Antimonopoly Control of Administrative Offences Legal in Courts

2021 ◽  
Vol 3 (2) ◽  
pp. 103-116
Author(s):  
Кirill А. Pisenko ◽  
Keyword(s):  
Theoretical Basis ◽  
Judicial System ◽  
Business Law ◽  
Public And Private ◽  
Scientific Methods ◽  
Legal Proceedings ◽  
Balance Of Interests ◽  
Judicial Proceedings ◽  
General Scientific ◽  
Social Economic Development

Introduction. The article is devoted to the development of methods of solving the current issues and problems of how to challenge legal acts of administrative offence proceedings for antimonopoly control in the courts. The focus is on the problem of the balance of interests between support for, and on the other hand increasing the burden on the judicial system of administrative procedural regulations for challenging such acts. Theoretical Basis. Methods. The theoretical basis of this article is the works of domestic and foreign researchers in the field of jurisprudence. This is primarily the administration and administrative procedures, antimonopoly (competition) law, business law and their related scientific fields. The methodological basis of this research is a combination of philosophical, general scientific and private scientific methods of cognition. Results. This study of administrative and procedural antimonopoly regulation has shown that there is no well-thought-out system of legal means in the legislation that meets the needs of en- suring a balance of interests in terms of approaches to procedural economy and the efficiency of using public and private resources. As a result, administrative and judicial proceedings in- crease for the same events of alleged violations whilst there is an absence of an objective need to engage in many of them. This leads to overloading of the judicial system, an unreasonable expenditure of public resources and costs of participants in the process. It creates unreason- able economic-legal barriers, resulting in the distraction of the forces and resources of the state and the private sector from solving problems of social-economic development and socially useful business activity. Discussion and Conclusion. To overcome this complicated problem, obviously, requires legisla- tive change, confidently using the principles of law, and an analogy of law that will form the ap- proaches for the objective needs of the balance of interests. This paper contains specific propos- als for the development of such approaches.

scholarly journals Registration of Second FIR (First Information Report) in Sughran Bibi Case: A Landmark Judgement of the Supreme Court of Pakistan

2020 ◽  
Vol 3 (1) ◽  
pp. 113-122
Author(s):  
Rais Nouman Ahmad ◽  
Faiz Bakhsh ◽  
M. Danyal Khan ◽  
Sidra Kanwal
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Supreme Court ◽  
Significant Role ◽  
Criminal Trial ◽  
Judicial System ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
Police Report ◽  
The Status

The registration of First Information Report (FIR) has remained a challenging area for the judicial system of Pakistan; the multiplicity of the FIRs means separate investigation and separate police report. Precedents were available far and against the second FIR which had been creating perplexity and nuisance for law enforcement agencies. First Information Report is contaminated by the inclusion of exaggerated facts by the aggrieved parties. Moreover, there are several allegations on the working of police in Pakistan for drafting the FIR arbitrarily. Although FIR is a mere document to report the incident, however, it has gained a significant role in deciding the fate of a criminal trial in Pakistan. Therefore, it is imperative to examine the status of FIR in criminal-trail framework of Pakistan. To do this, Sughran Bibi Case is very significant in interpreting the status of multiplicity of FIRs in the criminal trail framework. Seven judges of esteemed Supreme Court decided the fate of second FIR in this human rights case. The study investigates the doctrinal aspects of the judgement by presenting a theoretical examination of the status of FIR, its evidentiary value, and effectiveness in the criminal trial framework.  

scholarly journals Сoncepts and elements of judicial enforcement

2021 ◽  
Vol 2021 (2) ◽  
pp. 33-45
Author(s):  
L. P. Samofalov ◽  
◽  
О. L. Samofalov ◽  
Keyword(s):  
Law Enforcement ◽  
International Standards ◽  
Judicial Power ◽  
Judicial Reform ◽  
Public Authorities ◽  
Legal Form ◽  
Positive Law ◽  
The Law ◽  
Judicial Procedure ◽  
The Right

The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.

Principles of organization of the judicial system in the conditions of national liberation competitions 1917-1921

2020 ◽  
pp. 8-15
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Legal Aspects ◽  
Judicial System ◽  
Practical Significance ◽  
National Liberation ◽  
Military Justice ◽  
The Status ◽  
Western Ukraine ◽  
Democratic Revolution ◽  
General Scientific ◽  
Liberation Struggle

Purpose. The aim of the study is to determine the general principles and approaches to the organization of the judiciary and the judiciary during the Ukrainian National Democratic Revolution of 1917-1921, to establish common and different approaches and principles in the organization of the judiciary. Methods. The methodological basis of the study was a combination of principles and methods of scientific knowledge: objectivity, historicism. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific cognition is used. Findings. Following the dynamics and specifics of the formation of the judiciary in the national liberation struggle of 1917-1921, it was established that for the UPR, the Ukrainian State and the Western Ukraine, there are a number of common and different principles. What they have in common is the lack of proper experience in the field of organization of the judicial system in particular, and state power in general; focusing on military justice; declarative nature of the independence of the judiciary. It was remarkable that only in the Western Ukrainian People's Republic there was more experience in legislative activity, which, together with the reception of Austrian law, led to a clear legislative consolidation of the functions and powers of civil and military courts. Only in the period of the Central Rada and the Western Ukrainian People's Republic was an attempt made to constitutionalize the judicial system and determine the status of the judiciary. Originality. Based on the analysis of historical and legal aspects of the formation of the judicial system during the liberation struggle of 1917-1921, common and different approaches and principles in the organization of the judicial branch of power were revealed. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

scholarly journals Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights

2018 ◽  
Vol 28 (4) ◽  
pp. 16-22
Author(s):  
M. Dei ◽  
A. Kochkova
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
Judicial System ◽  
International Standards ◽  
Labor Rights ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
The Status ◽  
Protection Of Human Rights

The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.

Observing Minority Rights in the Administration of Justice and Public Administration: European Developments in 2016

2018 ◽  
Vol 15 (01) ◽  
pp. 113-147
Author(s):  
Noemi Nagy
Keyword(s):  
Case Law ◽  
Special Focus ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
National Minorities ◽  
European Court ◽  
Administration Of Justice ◽  
The Status ◽  
Judicial Proceedings

This article overviews the 2016 developments concerning the status and rights of European minorities with respect to administrative and judicial proceedings, with special focus on language rights. The longest section of the article is devoted to the activities of the Council of Europe, including the case-law of the European Court of Human Rights and the implementation of the European Charter for Regional and Minority Languages, as well as the Framework Convention for the Protection of National Minorities. Furthermore, the relevant legal developments in the activities of the United Nations, the Organization for Security and Cooperation in Europe and the European Union are presented.

scholarly journals ОТКАЗ ОТ ОБВИНИТЕЛЬНОГО УКЛОНА В СТАДИИ ДОСУДЕБНОГО РАССЛЕДОВАНИЯ – ОДИН ИЗ ПУТЕЙ ЗАЩИТЫКОНСТИТУЦИОННЫХ ПРАВ ГРАЖДАН (REFUSAL OF THE ACCUSATORY BIAS AT THE STAGE OF PRE-TRIAL INVESTIGATION IS ONE OF THE WAYS TO PROTECT THE CONSTITUTIONAL RIGHTS OF CITIZENS)

2020 ◽  
Author(s):  
Renat Shaikhadenov
Keyword(s):  
Law Enforcement ◽  
Judicial System ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Technical Problems ◽  
The People ◽  
Head Of State ◽  
Administration Of Justice ◽  
The Republic

The article deals with the issues of reforming the law enforcement and judicial system in the protection of constitutional rights and freedoms of citizens, which was raised in recent years by the Head of state Kassym-Jomrt Kemelovich in his Address to the people of Kazakhstan on September 1, 2020. In the system of law enforcement agencies, there is still an accusatory bias from which it is still not possible to get rid of. The stage where the greatest violation of the constitutional rights of citizens involved in the orbit of criminal prosecution occurs is the pre-trial stage of the investigation. Therefore, special attention should be paid to this stage of the criminal process. In addition, a significant layer of problems is not only in the procedural, but also in the organizational and legal sphere. In this regard, the provisions of the CPC of the Republic of Kazakhstan related to evidentiary activities in pre-trial proceedings should be considered in the format of new tasks and updated functions of the pre-trial investigation bodies, the Prosecutor, the investigating judge and the lawyer. If Kazakhstan resolves the question repeatedly raised by the Leader of the nation about the true, rather than illusory, institutional independence of the judge in the administration of justice within the judicial system itself, then procedural and technical problems, including the deformalization of evidence, will become secondary and will be resolved in a fair trial without the influence of the materials of the criminal case in any form.

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