scholarly journals Unified standards of judicial acts in criminal, arbitration, civil and administrative proceedings

2020 ◽  
pp. 122-126
Author(s):  
Aliya Sharipova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Legal Proceedings ◽  
Administrative Proceedings

It is alleged that the institution of judicial acts is universal for all judicial branches of rights. Defined standards that must comply with court decisions, rulings, decisions. The values of the properties of legality, validity, motivation, justice and correctness of court decisions are disclosed. Unreasonable differences are revealed in the legislative requirements for judicial and civil, administrative legal proceedings. Intersectoral borrowing is proposed for optimal legal regulation.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

scholarly journals The Procedure of the Court Appealing the Actions of Officials Carrying out Operative-Investigative Activity: Regulation Problems and Perspectives of Improvement of Legal Procedure

2020 ◽  
Vol 16 (1) ◽  
pp. 84-92
Author(s):  
Vasilii V. Semenchuk
Keyword(s):  
Legal Regulation ◽  
District Court ◽  
Legal Proceedings ◽  
State Secret ◽  
The Subject ◽  
The Russian Federation ◽  
Closed Procedure ◽  
Administrative Proceedings ◽  
Appeal Procedure ◽  
Investigative Activity

The article deals with the issues of legal regulation and the actual implementation of the procedures for appealing against the actions of officials carrying out operative-investigative activity. It is noted that there is uncertainty in the choice of the type of legal proceedings (criminal or administrative) also as a level of the court for such complaints (court of the subject of the Russian Federation or district court). Another problem is related to the actual assignment responsibility for the plaintiffs to substantiate complaints about covert operative-investigative measures which, as a rule, leads to a refusal to consider them. The authors are invited to introduce a universal appeal procedure in the framework of administrative proceedings. The secret nature of the operative-investigative activity does not allow the plaintiff to fully substantiate the essence of his claims, so this task may be performed by the court. In order to preserve information constituting a state secret, it is necessary to introduce a closed procedure for dealing with such complaints.

scholarly journals REVIEW OF THE TEXTBOOK M. I. SMOKOVYCH, V. M. BEVZENKO «ADMINISTRATIVE PROCESS OF UKRAINE: THEORY, PRACTICE»

2021 ◽  
pp. 145-148
Author(s):  
O. I. Mykolenko
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Administrative Proceedings ◽  
Functional Purpose

Administrative process is a legal phenomenon that causes discussion and controversy among representatives of administrative law and the process both in terms of determining its content, form and functional purpose in the system of legal proceedings, and in terms of subjects, principles and substantive jurisdiction. Thus, the ideas of Ukrainian scholars about the administrative process are not always related exclusively to the understanding and legal regulation of administrative proceedings, and therefore textbooks and manuals on the disciplines "Administrative Procedure" and "Administrative Procedural Law" differ significantly in content.

THE INFLUENCE OF CODIFICATION OF LEGISLATION ON THE CHOICE OF FORMS OF COURT PROCEEDINGS: ADMINISTRATIVE OR CIVIL

2021 ◽  
Vol 11 (1) ◽  
pp. 225-236
Author(s):  
M.B. VELICHKO
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Correct Choice ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Proceedings ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Administrative Proceedings

The problem of the correct choice of forms of legal proceedings in this article will be considered in a narrow aspect, through the influence of the codification of legislation, analysis of the nature of such rules of law as аrt. 11 of the Civil Code of the Russian Federation on the procedure for judicial protection of civil rights, art. 12 of the Civil Code of the Russian Federation on how to protect civil rights, art. 13 of the Civil Code of the Russian Federation on the invalidation of acts of subjects of public authority. The relevance of the research topic is due to the practical tasks of correctly determining the type of legal proceedings, as well as determining the place and role of administrative proceedings as an independent element of legal regulation and a form of judicial activity, the need to increase its effectiveness in achieving the goals of protecting the rights, freedoms, and legitimate interests of citizens and organizations. The rationale for the existence of the problem in this aspect is that many procedural scientists assign the role of the “life form of material industries” to the procedural branches, as a result of which one of their criteria for differentiating civil and administrative proceedings is the branch affiliation of the method of protection chosen by the plaintiff. In the literature, there are judgments that cases considered in the order of administrative proceedings are clearly defined by law in the Special Part of the Code of Administrative Procedure of the Russian Federation and cannot be expanded and supplemented without introducing appropriate changes to the legislation.

scholarly journals Administrative proceedings in Roman law

2021 ◽  
pp. 133-144
Author(s):  
S. I. Gridin
Keyword(s):  
Good Faith ◽  
Roman Law ◽  
Court Decisions ◽  
Search Procedure ◽  
Legal Proceedings ◽  
The People ◽  
The Law ◽  
Limitation Of Actions ◽  
Administrative Proceedings

The article deals with the issues of administrative proceedings in Roman law. Its beginning was laid in the 5th century BC by the laws of ХII tables. They briefly deal with the issues of legal proceedings, which at that time was called court agreement. Free citizens gathered at the forum (city square), where the plaintiff presented claims to the defendant. In Roman law, the rule was established to make claims through claims, which the magistrate (praetor) had to support. The judges were elected by the people. Gradually, the praetors changed the formulas of claims, which contributed to the development of Roman law. Often they proceeded not from the law, but from the circumstances of the case, therefore they could instruct the judge to consider the case “in good faith.” Gradually, various forms of claims were formed, which contributed to the improvement of administrative proceedings. In Roman law, many concepts were laid that have remained in modern legal proceedings. This is the election and turnover of judges, the necessary defense, the writ of execution and the persons who monitored their execution; jurisdiction; corruption; search procedure; jurisdiction; privilege; appeal against court decisions; requirement for witnesses; consideration of cases by the police; torts; limitation of actions; and some others. This makes the study of Roman justice relevant.

scholarly journals PROBLEMS OF LEGAL REGULATION OF ADMINISTRATIVE DELIVERY AND DETENTION

2021 ◽  
Vol 1 (91) ◽  
pp. 54-59
Author(s):  
Maksims Bashlikovs
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Delivery Time ◽  
Specific Time ◽  
Legal Proceedings ◽  
Time Limits ◽  
Office Space ◽  
The Russian Federation ◽  
Administrative Proceedings

The purpose of this work is to study the problems of legal regulation of administrative delivery and detention in Russian administrative law and the study of possible ways to solve them. This problem is due to the fact that the Code of Administrative Offenses of the Russian Federation. The delivery time is not specified as a measure to secure proceedings on cases of administrative offenses, which is a flaw in administrative legislation and may violate the rights and freedoms of a person and citizen. And the law does not establish the duration of a person’s time in office space and his waiting for the start of legal proceedings which is a serious legislative gap. The novelty of this work lies in the formulation by Autor’s of modern and effective proposals for the revision of individual issues related to measures of administrative proceedings and the reality of solving these problems. The Code of Administrative Offenses of the Russian Federation must be modified accordingly in order to clearly regulate or establish specific time limits for the delivery in police office and the time to wait for the commencement of proceedings. In this paper, the above problems and progressive solutions are discussed in detail.

scholarly journals The questions of territorial jurisdiction of advocating for the election or extension of pre-trial detention

2020 ◽  
pp. 10-20
Author(s):  
Oleg Aleksandrovich Kravchenko ◽  
Roman Valer'evich Fedorov
Keyword(s):  
Preliminary Investigation ◽  
Accurate Determination ◽  
Case Law ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Territorial Jurisdiction ◽  
Legal Situation ◽  
Administrative Proceedings ◽  
Principle Of Legality

Accurate determination of the place of preliminary investigation indicates adherence to the principle of legality in criminal proceedings and the achievement of goals on the protection of rights and lawful interests of the affected parties, as well as on protection of individual from wrongful and unfounded accusations and restrictions of their rights and freedoms. Science addresses the general questions pertaining to determination of the place of preliminary investigation, but does not give due attention to realization of discretionary powers of the higher investigating authority to determination of the place of preliminary investigation. The article reveals the essential conditions for application of such power by the investigating authority, and analyzes case law for compliance with these conditions. The conclusion is made that legislation does not contain clear and specific rules for determination of the place of preliminary investigation, including the territorial jurisdiction of advocating for the election or extension of pre-trial detention. The author describes the flaws in legal regulation associated with the possibility of determination of jurisdiction of a case in administrative proceedings, by means of law enforcement decision prior to the emergence of legal situation (for example, before  submission of a request for the election or extension of pre-trial detention) by lowering the rank of investigating authority, for example to district level. From the practical perspective, elimination of such flaws should facilitate the proper application of the corresponding legal norm, as well as accurate determination of the place of preliminary investigation.

scholarly journals STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

2020 ◽  
Vol 10 (1) ◽  
pp. 73-89
Author(s):  
Vadym Kolomiiets ◽  
Tetiana Lukianenko ◽  
Daria Lazareva ◽  
Nana Bakaianova ◽  
Oksana Kadenko
Keyword(s):  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
State System ◽  
Situational Analysis ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
State Management ◽  
The Usa ◽  
Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

scholarly journals ISSUES OF LAW ENFORCEMENT PRACTICE ON THE USE OF SPECIAL EQUIPMENT FOR PHOTO AND VIDEO RECORDING FOR IMPOSING ADMINISTRATIVE LIABILITY FOR TRAFFIC VIOLATION: COMPARATIVE AND LEGAL ANALYSIS OF LEGAL RULES ON ADMINISTRATIVE LIABILITY IN THE RUSSIAN AND FOREIGN LAW

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Наталия Сухарева ◽  
Nataliya Sukharyeva ◽  
Павел Падеров ◽  
Pavel Paderov
Keyword(s):  
Video Recording ◽  
Legal Regulation ◽  
Technical Equipment ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Automatic Equipment ◽  
Special Equipment ◽  
Legal Rules ◽  
Traffic Violation ◽  
Administrative Proceedings

This article deals with the problem of using special technical equipment for automatic recording of traffic violations. The article draws attention to certain important issues concerning administrative liability of vehicle possessors (owners), when a traffic violation is recorded by special automatic equipment, in particular: special characteristics of a subject of administrative offense, exceptions to the «presumption of innocence» principle; peculiarities of administrative proceedings in such cases. When writing this article the authors used the method of comparative legal analysis. The article contains comparative analysis of administrative legal rules of the Russian Federation, and those of the Federal Republic of Germany and the Republic of Belarus. The main conclusion of the study performed is that lawmakers have not sufficiently examined the issue of imposing administrative liability on vehicle owners for the offenses, recorded by special technical equipment, operating in the automatic mode, which leads to some problematic aspects in legal regulation of relevant administrative relations.

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