scholarly journals Problems on determining the jurisdiction of claims when appealing against state authorities and local self-government decisions in the land disputes field: genesis, features and notion

1970 ◽  
pp. 272-278
Author(s):  
Diana Kolomiitseva
Keyword(s):  
Subject Matter ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Personality ◽  
Judicial Practice ◽  
Separate Category ◽  
Land Disputes ◽  
Land Relations ◽  
History Of ◽  
Grand Chamber

The issues of jurisdiction in disputes over appeals against decisions of state authorities and local self-government is one of the reasons for the ineffective implementation of these constitutional norms. The ascertainment of the issue of jurisdiction in a case in this category may be considered by courts of all three tiers and result in the closure of the proceedings in the case. Given that the issue of subject-matter jurisdiction in appealing against decisions of state authorities and local self-government in the field of land relations is poorly researched as a separate category of disputes, this article covers this issue. The author identifies three key stages in the formation and development of this group of disputes, which influenced the procedure for determining the subject-matter jurisdiction of disputes over appealing against decisions of state authorities and local self-government in the field of land relations. The first stage is the period of the formation of procedural legislation, allowing to appeal against the decisions and inaction of state authorities. The second stage is the stage of active formation of the practice of litigation over the choice of jurisdiction when appealing against decisions of state authorities and local self-government in the field of land relations. The third stage is the stage of deepening the law enforcement practice of litigation concerning the choice of jurisdiction when appealing against decisions of state authorities and local self-government in the field of land relations. The conducted research suggests that each of these stages has its own features, characterizing this group of disputes as a separate category of disputes has the following features: is formed from a derivative object related to the protection of the subjective land right or the realization of land legal personality; is always subject to judicial consideration within the stated claims, related to the protection of the subjective land right or the realization of land legal personality; creates independent legal consequences in the form of admission of the case to be considered in substance or revision of the made court decision or court decisions in the case, cancellation of the made court decision or court decisions in the case, and the closure of the proceedings in the case; has general and specific rules of application. General rules of application are stipulated by the requirements of the current procedural legislation, and specific rules have been formed by the case law in the judicial review of land disputes; the cases of this group at the stage of cassation are considered by the Grand Chamber of the Supreme Court, whose decisions are final and are not subject to appeal. Thus, disputes concerning the determination of jurisdiction when appealing against decisions of state authorities and local self-government in the field of land relations are a derivative category of disputes, which has its history of formation, forms an independent subject of judicial consideration and is based on the application of general and specific rules determined by, accordingly, the legislation and judicial practice.

scholarly journals On quality assurance of judicial decisions in cases of environmental administrative offenses

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Uliutina Olena ◽  
◽  
Denisyuk Ilona ◽  
Keyword(s):  
Environmental Safety ◽  
Court Decision ◽  
Decision Quality ◽  
Court Decisions ◽  
Procedural Law ◽  
Judicial Practice ◽  
Principles Of Justice ◽  
Correct Application ◽  
Substantive Law

The article, based on the study of the requirements for the quality of court decisions in cases of environmental administrative offenses and the analysis of judicial practice, are made proposals to improve the quality of court decisions in this category of cases. Justice is analyzed as the main criterion for the quality of court decisions in cases of environmental administrative offenses, which covers the signs of legality and validity. It is concluded that the criteria for the legality of a court decision in cases of environmental administrative offenses are the correct application of: substantive law and compliance with procedural law, analogy of law or analogy of right in terms of both substantive and procedural rules; compliance of the resolution within her national, constitutional, sectoral principles, basic principles of justice, requirements of the rule of law. In terms of compliance with the requirement of validity of the decision is most pronounced subject – object specifics of offenses – their «environmental», because it is in investigating the circumstances of the case and assessing evidence, the judge must operate it knowledge and rely not only on administrative tort law, but also environmental, natural resources, which sets requirements for the use and protection of natural objects and resources, environmental safety, which have been violated. In order to improve the quality of court decisions in cases of environmental administrative offenses, it is proposed to adopt a document «On court decisions in cases of administrative offenses» in the form of a resolution of the Plenum of the Supreme Court. Keywords: legality of a court decision, validity of a court decision, resolution, justice, court, court decision, quality of court decision

Nerespectarea hotărârilor judecătorești pronunțate în materia conflictelor de muncă

2021 ◽  
Vol 2021 (2021) ◽  
pp. 288-317
Author(s):  
Valentina DINU ◽  
Keyword(s):  
Criminal Code ◽  
Court Decision ◽  
Court Decisions ◽  
Interested Party ◽  
Judicial Practice ◽  
The One

This material analyzes two of the modalities of the crime provided by art. 287 of the Criminal Code, respectively the one of non-observance of court decisions: the one regulated at let. d) non-execution of the court decision by which it was ordered the reinstatement into work of an employee and the one regulated at let. e) non-execution of the court decision regarding the payment of salaries within 15 days as of the date of the execution request addressed to the employer by the interested party. With the entry into force of the Criminal Code, on February 1, 2014, these two crimes were taken over from the Labor Code, where they were previously regulated, a series of amendments being implemented with this occasion. The article examines these changes, but also deepens the issues that continue to arise regarding the constitutive content of these crimes, trying to propose solutions for a uniform interpretation at the level of judicial practice.

GUILT AS A SUBJECTIVE SIDE OF LEGAL RESPONSIBILITY OF JUDGE

2017 ◽  
Author(s):  
Yaroslav Skromnyy ◽  
Keyword(s):  
Supreme Court ◽  
Legal Liability ◽  
Court Decision ◽  
Legal Responsibility ◽  
Court Case ◽  
Court Decisions ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Law ◽  
Subjective Aspect

The article reveals the main aspects of determining the guilt of a judge as a subjective aspect of imposing legal responsibility on him. It was established that the key aspects of determining the guilt of a judge as a subjective aspect of imposing legal responsibility on him are represented by the provisions of such legislative and regulatory documents as the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, the Resolution of the Plenum of the Supreme Court of Ukraine «On the independence of the judiciary», the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights», Resolution of the Plenum of the Supreme Court of Ukraine «On judicial practice in cases of crimes against human life and health», Law of Ukraine «On the judicial system and the status of judges». It was found that the evidence of the judge's guilt in relation to the offense committed by him today is one of the important issues of imposing a certain type of legal liability on him. It has been determined that judges often commit offenses due to the adoption of unfounded and often illegal court decisions. It has been proved that the guilt of judges for the offenses committed by them is manifested as a result of non-compliance or disregard for the norms of procedural legislation or labor discipline. It has been determined that in order to make a court decision, a judge is obliged to determine the norms of the law, a number of bylaws and study judicial practice in considering the relevant court case. It has been established that one of the elements of a judge's fault is an inner conviction. It has been established that the subject of the court case regarding the adoption by the judge of an unjustified and illegal court decision is not the corpus delicti, which is present in the actions of the judge, but the legality of that, or the investigator will refuse to initiate a criminal case against the judge for making an unjust decision. It was found that the practical methods of determining the guilt of a judge in committing an offense should be a comprehensive study of the materials of the case, which is open against the judge, and the analysis of data from the judge's dossier, in particular, data on the consideration of such cases by a judge and the adoption of appropriate court decisions on them. It has been proven that quite often the release of a judge from legal liability occurs in conditions when offenses committed by a judge are re-qualified as a miscarriage of justice.

scholarly journals CLASSIFICATION OF JUDGMENTS IN THE ARBITRATION PROCESS

2021 ◽  
Vol 37 (1) ◽  
pp. 84-89
Author(s):  
M.A. Magomedova ◽  
Keyword(s):  
Court Decision ◽  
Court Decisions ◽  
Judicial Decisions ◽  
Judicial Practice ◽  
Arbitration Process ◽  
Different Types

The article is devoted to the classification of court decisions in the arbitration process. Based on the analysis of the opinions of scientists and judicial practice, the author comes to the conclusion that court decisions can be classified into different types on the following grounds: methods of defense; procedures for making a court decision; content; the time of the proceedings in which it was made, and the completeness of the response to the stated requirements. The article analyzes the norms of arbitration procedural legislation that contain requirements for a court decision, identifies problematic issues and suggests ways to solve them. It is proposed to legalize the interim decision on certain categories of cases and in the case of consideration of the case in separate court sessions in the arbitration process and to recognize the judicial decisions on challenging normative acts as lawmaking.

scholarly journals LEGAL REGULATION OF CRIMINAL LIABILITY OF JUDGES FOR MAKING AN UNJUST DECISION IN UKRAINE: CURRENT STATUS

2021 ◽  
Author(s):  
Nataliya Karpova ◽  
◽  
Grigoriy Zabarniy ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Court Decision ◽  
Current Status ◽  
Constitutional Court ◽  
Court Decisions ◽  
Judicial Practice ◽  
Logical Method ◽  
Definition Of

Subject of study. The article is determined for studying such a question as the recognition by the Constitutional Court of Ukraine of Article 375 of the Criminal Code of Ukraine as inconsistent with the Constitution of Ukraine (unconstitutional). The suggested article includes investigating such a question as the defining and applying of the notions “wittingly unjust” and “injustice” in Ukrainian law, taking into account the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020. Methodology. In this study, the authors used the logical method, the method of semantic analysis, as well as the comparative law method. The purpose. The purpose of this article is analyzing the method and arguments for recognizing the unconstitutionality of Article 375 of the Criminal Code of Ukraine, which have been used by the Constitutional Court of Ukraine in the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020, as well as delineation of the limits and grounds of criminal liability of judges for making unjust decisions after the abolition of Article 375 of the Criminal Code of Ukraine. The authors consider the definition and application of the terms “wittingly unjust” and “injustice” in judicial practice in Ukraine. The authors consider the options for defining the terms “wittingly unjust” and “injustice”, which were developed by Ukrainian lawyers. The authors conclude that there is no generally accepted definition of the terms “wittingly unjust” and “injustice” both in Ukrainian judicial practice and in Ukrainian legal science. The authors come to the conclusion that the concept of “injustice” cannot be used in modern Ukrainian law enforcement practice because it is not defined. The authors analyze the procedure for instituting a criminal case against a judge for a wittingly unjust court decision and conclude that this procedure leads to delegating the function of a judge to assess a court decision to the prosecutor, which is prohibited by the Constitution of Ukraine. The author review the international standards of criminal liability of judges for the issuance of court decisions in comparison with the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine. From the above data, the authors concluded that the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine duly justify the repeal of Article 375 of the Criminal Code of Ukraine. The main attention is given to the assessment of the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020 by the international legal institutions – the European Community and the United Nations. The authors used a logical method to analyze cases of Ukrainian judges making unjust court decisions and found signs of corruption offences or human rights violations in these cases. Сonclusion of the study. Therefore, the authors propose to proceed judges to criminal liability for the corruption offenses in cases where judges judge an unjust court decision. Value/originality. This study is an оriginal proposal to solve the current problem of regulating the criminal liability of judges for the issuance of an unjust court decision at present, after the repeal of Article 375 of the Criminal Code of Ukraine.

ПАТОЛОГИЯ ЛИЧНОСТИ В ТЕОРЕТИЧЕСКИХ ПОСТРОЕНИЯХ ПРЕДСТАВИТЕЛЕЙ ОТЕЧЕСТВЕННОЙ МЕТАФИЗИЧЕСКОЙ ТРАДИЦИИ В ПСИХОЛОГИИ

1970 ◽  
Vol 7 (1) ◽  
pp. 208-215
Author(s):  
Александр Бреусенко-Кузнецов
Keyword(s):  
Clinical Practice ◽  
Subject Matter ◽  
Clinical Psychology ◽  
History Of Psychology ◽  
History Of ◽  
Metaphysical Tradition ◽  
The Given

Статья посвящена проблеме восстановления искусственно прерванной метафизической традиции в отечественной персонологии. Данная проблема принадлежит областям истории психологии и психологии личности, но имеет выходы и в предметные области многих других психологических наук, в частности – клинической психологии. Указана важность соотнесения персонологических концептуализаций учёных-метафизиков с клинической практикой в процессе их опытной верификации. Проведена реконструкция и анализ взглядов на психопатологию и психотерапию представителей метафизической традиции в отечественной психологии личности. Согласно данным взглядам, суть патологии личности – в её уклонении от своего назначения, от подлинного бытия ради неподлинных, онтологически неоправданных форм жизнедеятельности. The article is devoted to the problem of restoration of artificialy interrupted metaphysical tradition in domestic personology. The given problem belongs to the areas of history of psychology and psychology of personality, but provides outcomes in subject matter of many other psychological sciences, in clinical psychology in particular. Importance of correlation between personological conceptualizations of scientists-metaphysicists and clinical practice in the process of their skilled verification is pointed out. The reconstruction and analysis of views at psychopathology and psychotherapy by representatives of metaphysical tradition in domestic psychology of personality have been made. According to the mentioned views, the essence of pathology of personality is in its evasion from the purpose, from original life for the sake of not original, ontologically unjustified forms of ability to live.

Toward an Islamic Framework for Worldview Studies

2007 ◽  
Vol 24 (2) ◽  
pp. 22-43
Author(s):  
Abdelaziz Berghout
Keyword(s):  
Subject Matter ◽  
Textual Analysis ◽  
Field Of Study ◽  
Inductive Approach ◽  
Islamic Thought ◽  
History Of ◽  
Field Of Inquiry ◽  
Muslim Scholars

The paper examines the importance of designing a framework for studying worldviews within the parameters of contemporary Islamic thought. It briefly reviews both selected western and Islamic stances on worldview studies. The literature reveals that research on this topic and its application to different spheres has become a topic of some interest to many intellectual circles, particularly in the western context. Hence, the possibility of forming an Islamic civilizational framework for an inquiry into people’s worldviews needs to be assessed. This article follows a textual analysis and inductive approach to analyze the prospects of formulating an Islamic framework for research on worldviews and its applications. It concludes that western scholars have made considerable efforts in treating people’s worldviews as a field of study, while Muslim scholars have not. In this respect, many western researchers have contributed to developing worldview studies as a separate field of inquiry, including the history of concept, subject matter, objectives, kinds, methods, and applications. Therefore, the need to enhance the Islamic input and research pertaining to this field by introducing an Islamic civilizational framework and approach of inquiry becomes apparent.

A Very Brief History of Internet Jurisdiction

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
Academic Community ◽  
Court Decisions ◽  
Time Period ◽  
Technological Developments ◽  
History Of

This chapter provides a brief history of Internet jurisdiction taking account of key court decisions, legislation as well as developments in the academic thinking on the topic. In doing so, it divides the history of Internet jurisdiction into four relatively distinct phases. The discussion in the chapter highlights facts such as that: (1) law has largely been reactive, responding to technological developments; (2) the level of creativity applied in the search for workable solutions was seemingly higher in the earlier stages than in more recent times; and (3) unsurprisingly, the attitudes of courts, legislators, and the academic community have varied considerably over the time period examined.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

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