scholarly journals Judicial Cooperation with Foreign Authorities in Criminal Matters in Albania

2021 ◽  
Vol 4 (2) ◽  
pp. 125
Author(s):  
Klodjan Skenderaj ◽  
Ejona Bardhi
Keyword(s):  
International Law ◽  
Criminal Procedure ◽  
The United States ◽  
Judicial Cooperation ◽  
Constitutional Principle ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Basic Law ◽  
The Republic ◽  
Criminal Matters

The Code of Criminal Procedure is the basic law that regulates jurisdictional relations with foreign authorities in criminal matters in Albania. This Code defines the instruments of judicial cooperation, the manner and procedure of how judicial cooperation is carried out and what are the authorities for the implementation of judicial cooperation. According article 10 of the Code of Criminal Procedure it is guaranteed the compliance of international agreements, principles and norms of international law, accepted by the Albanian state, in accordance with the constitutional principle stipulated by Article 116 of the Constitution of the Republic of Albania. This paper will analyze extradition as a traditional means of judicial cooperation in criminal matters, legal provisions, domestic judicial practice, but also the latest extradition agreement concluded between Albania and the United States of America.   Received: 27 September 2021 / Accepted: 29 October 2021 / Published: 5 November 2021

Contemporary Practice of the United States Relating to International Law

1996 ◽  
Vol 90 (2) ◽  
pp. 263-279
Author(s):  
Marian Nash ◽  
(Leich)
Keyword(s):  
United States ◽  
Foreign Policy ◽  
International Law ◽  
The United States ◽  
Executive Branch ◽  
Department Of State ◽  
International Bank ◽  
Legal Adviser ◽  
The Republic ◽  
Contemporary Practice

In response to a request from the court to the Legal Adviser of the Department of State, by a letter dated November 29, 1995, the United States submitted a Statement of Interest in Meridien International Bank Ltd. v. Government of the Republic of Liberia. The United States stated that the executive branch had determined that allowing the (second) Liberian National Transitional Government (LNTG II) access to American courts was consistent with U.S. foreign policy. The court, the United States maintained, should therefore accord that Government standing to assert claims and defenses in the action on behalf of the Republic of Liberia.

scholarly journals Implementation of the three-link model of pre-trial investigation in the Republic of Kazakhstan

2021 ◽  
Vol 136 (3) ◽  
pp. 113-118
Author(s):  
B.M. Smatlaev ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Pilot Program ◽  
Legal Regime ◽  
Judicial Practice ◽  
Procedure Code ◽  
Foreign Countries ◽  
Link Model ◽  
The Republic

The article presents innovations of the Code of Criminal Procedure of the Republic of Kazakhstan which, in pre-trial investigations, play a major role in protecting the rights and freedoms of citizens. The article justifies the need for special legal regulation of these objects of citizens ‘ rights. The author considers positions of scientists, judicial practice and legislation of Kazakhstan and foreign countries. It identifies shortcomings and contradictions of legal legislation. In accordance with the requirements of the new legislation, the transition to a three-link model under the pilot program will protect the rights of many citizens in the country, which will practically reduce the responsibility of persons who are not involved in crimes in the course of investigations. As a result of the analysis of the legislation of Kazakhstan, the author concluded that it is necessary to change the legal regime and recently adopted Criminal Procedure Code, which is more or less beneficial for citizens.

The Work of the Joint International Commission on Panama Claims

1914 ◽  
Vol 8 (4) ◽  
pp. 738-757 ◽  
Author(s):  
Leo S. Rowe
Keyword(s):  
United States ◽  
International Law ◽  
United States Of America ◽  
The United States ◽  
International Commission ◽  
The Republic

The questions presented to the Joint International Commission appointed under the terms of Articles VI and XV of the treaty between the United States of America and the Republic of Panama, ratified February 26, 1904, were of so unusual a character that a brief statement of the principles formulated by the Commission will probably be of interest to students of international law.

Estonian Legal Culture on the Threshold to the 21st Century

2001 ◽  
Vol 29 (1) ◽  
pp. 75-83 ◽  
Author(s):  
Peeter Järvelaid
Keyword(s):  
European Union ◽  
International Law ◽  
Radical Change ◽  
Legal Culture ◽  
The United States ◽  
League Of Nations ◽  
The European Union ◽  
The Czech Republic ◽  
The Republic ◽  
The Government

The Republic of Estonia is one of those European countries for which the year 1918 meant a deep and radical change in the development of their states. During the last decade, these states – Austria, Hungary, the Czech Republic (the Czech and Slovak Federal Republic in 1918), Poland, Finland, Lithuania, Latvia and Estonia – have all become Member States of or applicant countries to the European Union. On 28 July 1922, the Republic of Estonia was de jure recognized by the Government of the United States. This was an important act, since soon afterwards, on 22 September 1922, Estonia became a member of the League of Nations. Estonia had thus become a subject of international law.

The Ne Bis in Idem Principle in the Interpretation of European Courts: Towards Uniform Interpretation

2012 ◽  
Vol 25 (4) ◽  
pp. 955-977 ◽  
Author(s):  
NOREL NEAGU
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
The United States ◽  
The European Union ◽  
Judicial Cooperation ◽  
Court Of Justice ◽  
European Court ◽  
Ne Bis In Idem ◽  
Criminal Matters

AbstractAs a result of the extension of the jurisdiction of the Court of Justice of the European Union over the former third pillar (Police and Judicial Cooperation in Criminal Matters), several cases were referred to the Court for interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters, especially the ne bis in idem principle. This principle was also addressed in the case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the Supreme Court of the United States. While addressing the problem at international level, this article focuses principally on the case law of the Court of Justice of the European Union and the European Court of Human Rights in the field of the ne bis in idem principle, concisely presenting the legal framework, findings of the Courts, and some conclusions on the interpretation of the principle. The study also analyses the absence of uniformity in interpretation and the use of different criteria in addressing identical situations by different courts, or even by the same court, concluding on a (seemingly) fortunate approximation in interpretation at European level.

scholarly journals THE IMPACT OF LEGISLATION THE ANGLO-SAXON LEGAL SYSTEM ON THE REFORM OF THE RUSSIAN CRIMINAL PROCEDURE LAW

2017 ◽  
Vol 21 (5) ◽  
pp. 178-184
Author(s):  
T. K. Ryabinina
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Criminal Procedure ◽  
The United States ◽  
Anglo Saxon ◽  
Criminal Process ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Anglo American ◽  
The Impact

The article discusses issues concerning the impact of legislation some countries Anglo-Saxon legal family on contemporary reform of Russian criminal procedure. The author raises the problem of community many of the legal provisions and institutions of Russian and Anglo-Saxon law. The work focuses on the fact that due to frequent legal stories, contradictory law-enforcement practice, the active work of the constitutional Court of the Russian Federation and Plenum of the Supreme Court of the Russian Federation which, by their individual decisions initiate new legislative changes, the reference to comparative legal study of foreign models of the criminal process is inevitable. The study used General scientific and special legal methods of studies: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem, which has not only theoretical but also practical importance, consists in the fact that, despite the seemingly opposite type of the Russian legal system related to civil law jurisdictions, and countries of the Anglo-American conglomerate, however, in fact, at the present time, there is the mutual influence and complementarity. In support of this thesis, the author made analysis of such a legal institution as a simplified procedure (in countries with Anglo-Saxon legal family called plea of guilt), which is in the form of a special order of judicial proceedings was introduced in the Russian criminal process. The Russian version of this procedure differs from Anglo-American, however, at its core, it is based on the legislative regulations of great Britain and the United States. The work is concluded that the main influence in Anglo-Saxon law is in the Russian criminal process is manifested in the extension of adversarial origins.

scholarly journals Application of preventive measures in the criminal process: current issues

2020 ◽  
pp. 122-126
Author(s):  
V.S. Suslova ◽  
O.I. Tyshchenko
Keyword(s):  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
Procedure Code ◽  
Wide Range ◽  
Definition Of ◽  
The Right ◽  
Criminal Matters

The article is devoted to the research of topical issues of application of the institute of preventive measures in criminal proceedings on the basis of the analysis of normative provisions of the current criminal procedure legislation and law enforcement practice. It is emphasized that the Criminal Procedure Code of Ukraine 2012 (hereinafter - the CPC of Ukraine) provides for an updated system of preventive measures, unlike the CPC of 1960. Attention is drawn to the degree of restriction of human rights and freedoms in the application of preventive measures. The purpose of this article is to analyze topical issues regarding the grounds and procedural order for the application of preventive measures in criminal proceedings and to offer optimal ways of solving them. The author has come to the conclusion that at this stage criminal procedural legislation in terms of regulation of preventive measures needs improvement. The article investigates the types and reasons for choosing preventive measures, which determined the author's position on the need to consolidate at the legislative level the definition of the term "preventive measures". The scientific positions of different authors on the issues related to the application of preventive measures are analyzed, in particular, the views of the processional scientists on the concept of "preventive measures". This made it possible to demonstrate the existence of a rather wide range of scientific proposals for defining this concept at the legislative level. Attention is drawn to the fact that, in practice, the right of a person to liberty and personal integrity when choosing a preventive measure in the form of detention is quite often unduly restricted. The materials of the case law, legal provisions of the ECtHR, Letter of the High Specialized Court of Ukraine on Civil and Criminal Matters "On Some Issues of Preventive Measures During Pre-trial Investigation and Proceeding in the Procedure Provided by the Criminal Procedure" Code of Ukraine of 04.04.2013 are used.

scholarly journals Alternatives to criminal procedure against juvenile and young adult offenders and alternative to criminal procedure in the cases of domestic violence

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 43-53
Author(s):  
Bozica Cvjetko
Keyword(s):  
Domestic Violence ◽  
Young Adult ◽  
Violent Behavior ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Juvenile Courts ◽  
Special Obligation ◽  
Legal Provisions ◽  
The Republic ◽  
Professional Assistance

In the paper, the author is analyzing the Act on juvenile courts of the Republic of Croatia, which foresees a broad possibility of implementing the principle of opportunity in the pre-trial, i.e. reinvestigation phase of the procedure in terms of the decision of the public prosecutor about the criminal charge against these persons, including the implementation of particular obligations as informal sanctions. Particular attention is paid to the special obligation called off-court agreement. The aim of the off-court agreement is ?reconciliation between the juvenile or young adult offender and the victim of the crime, and establishment of the social peace?. Similar project and the implementation of the principle of opportunity is used in the cases of the criminal offence of domestic violence. The main aim of these obligations is to offer professional assistance to the families which are in crisis and have difficulties related to the violent behavior of one family member - mostly the father. Such an approach is more efficient than the long lasting criminal procedure, testifying and strengthening the crisis in the family. This paper gives also an insight into the legal provisions concerning this measure and its implementation in practice.

scholarly journals NATIONAL SELF-DETERMINATION IN THEORY AND PRACTICE

2019 ◽  
Author(s):  
В.Д. Дзидзоев
Keyword(s):  
International Law ◽  
The United States ◽  
Complex Problem ◽  
Theory And Practice ◽  
Self Determination ◽  
Independent State ◽  
South Ossetia ◽  
The Usa ◽  
The Republic ◽  
The Right

В статье рассматривается, сложная проблема национального самоопределения народов. В современном международном праве, как известно, признаются два кардинально противоположных подхода к решению данной про блемы. Первый подход связан с территориальной целостностью государств, ко торая признается международным правом и уставом ООН, а второй с правом нации на самоопределение вплоть до отделения и возникновения нового незави симого государства. В то же время от влиятельных государств земного шара, а не от международного права зависит, признавать то или иное вновь образо вавшееся государство или не признавать. Классическим примером в этом плане служит Республика Косово, чью независимость признали США и другие государ ства, а независимость Абхазии и Южной Осетии признала РФ и еще несколько государств. The article deals with the complex problem of national selfdetermination of peoples. Modern international law, as we know, recognizes two radically opposite approaches to the solution of this problem. The rst approach is related to the territorial integrity of States, which is recognized by international law and the UN Charter, and the second to the right of a nation to selfdetermination up to the separation and emergence of a new independent state. At the same time, it is up to the in uential States of the world, not international law, to recognize a newly formed state or not to recognize it. Classic examples in this regard are the Republic of Kosovo, separated with the help of the United States, great Britain and other States from Serbia, as well as Abkhazia and South Ossetia, separated from Georgia. The independence of Kosovo was recognized by the USA and other States, and the independence of Abkhazia and South Ossetia was recognized by Russia and some other States.

scholarly journals PECULIARITIES OF CRIMINAL-PROCEDURAL ACTIVITY OF THE PUBLIC PROSECUTOR IN PRE-TRIAL PROCEEDINGS IN FOREIGN COUNTRIES

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Ксения Таболина ◽  
Kseniya Tabolina
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
The United States ◽  
Public Prosecutor ◽  
Kyrgyz Republic ◽  
Federal Republic Of Germany ◽  
The Public ◽  
Foreign Countries ◽  
Independent States ◽  
The Republic

This article is dedicated to peculiarities of criminal-procedural activity of the Public Prosecutor in pre-trial proceedings in foreign countries. In this regard, the author studied the provisions of the constitutional and criminal procedure legislation of all member states of the Commonwealth of Independent States (the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, Moldova, Tajikistan, Turkmenistan, Uzbekistan, Ukraine), Georgia, and Federal Republic of Germany, and presented in the article foreign experience of the French Republic and the United States of America. According to the results of the analysis the conclusion is drawn concerning the role of public prosecution in foreign countries, the main activities of the Public Prosecutor in pre-trial criminal procedure of these countries and the scope of the powers of the Public Prosecutor in pre-trial proceedings in foreign countries and its relationship with the form of the preliminary investigation.

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