scholarly journals Judicial Governance and Judicial Self-Governance as a Guarantee of Judicial Independence

2019 ◽  
pp. 367-377
Author(s):  
Oleksandr BOROVYTSKYI

The article deals with issues of judicial governance and judicial self-governance as a guarantee of the independence of the judiciary, examines their general and purpose, points out their distinction not only at the terminology but also at the functional level. The provisions of the updated legislation on the organizational forms and activities of judicial governance and judicial self-governance bodies, their interaction in terms of ensuring the principle of independence of the judiciary are analyzed. In this context, issues related to such bodies of judicial governance as the High Council of Justice, the High Qualifications Commission of Judges of Ukraine and bodies of judicial self-governance are considered. Based on the analysis, it was concluded that the bodies entrusted with protecting the independence of judges should be autonomous, independent judicial authorities, which provides for the possibility of individual judges exercising their functions regardless of any control by the executive and legislative branches and without undue pressure from within the judicial system, which is the source of International and European standards in the field of justice. It is determined that in the general purpose - ensuring the independence of the judiciary and judges, the purpose of the «judicial governance» is to create and provide for the organs of the judiciary such organizational conditions under which the activity of the court will be transparent, justice - fair, impartial, and judges to meet high requirements training, ethics and integrity. «Judicial self-governance» is also focused on protecting the professional rights of judges and resolving issues of internal court activity. Based on the analysis of the provisions of the updated legislation, it is foreseen that some powers of the Integrity and Ethics Commission may interfere with the activities of the High Council of Justice and thus violate the principle of independence of the body.

2021 ◽  
Vol 2021 (8) ◽  
pp. 67-76
Author(s):  
Sergey Korshunov ◽  
Aleksandr Skachkov ◽  
Sergey Samoshkin ◽  
Aleksandr Smirnov ◽  
Dmitriy Goncharov

The development of the international trade and the entrance of domestic car manufacturers into international markets required bench equipment development for tests in accordance with the requirements of the European standards. In this connection the purpose of this work is to develop an experimental and methodical basis for the estimation of the strength correspondence of export railway produce to the European standard basis. In the work there is shown a description of the bench developed for static tests of rolling stock for loads corresponding to the European standard basis. In the requirements mentioned there is used a more extended list of loads and combination of efforts and the necessity in the application of longitudinal loads to the elements of the end wall in three levels should be particularly emphasized. On the test bench there are carried out static tests of the car of model 61-4514 for Egyptian national railways and the body of the motor-rail car of model 2853 for the railway infrastructure of Serbia.


2015 ◽  
Vol 11 (2) ◽  
Author(s):  
Alessandro Melcarne ◽  
Giovanni B. Ramello

AbstractAlthough often assumed by economic theory, the idea of an efficient judicial system often sounds like an oxymoron. In this work, we suggest an innovative approach to investigating the determinants of court performance. Our focus is on determining the ideal institutional environment for fostering the appropriate set of incentives for judges to operate efficiently. In this setting, we find evidence that greater independence enjoyed by the judiciary from politics induces more competition among judges to obtain professional upgrades. Such an environment will incentivize ambitious individuals to be more efficient, thus positively affecting the aggregate performance of the judiciary.


Author(s):  
Robert M. Andrews ◽  
Michael Smith

Fracture control studies for new gas transmission pipelines usually produce a specified minimum Charpy energy, often including “correction factors”, which will ensure that a crack will arrest in the body of the pipe. The basic pipeline parameters such as pressure, pipe grade, diameter and wall thickness will be fixed early in design, and the reservoir and process engineering design will set limits on the extremes of the gas composition. The inverse case, where the gas composition in an existing pipeline is to be changed from the original design basis, is more challenging. Changes in composition can arise from ageing of the reservoir supplying a pipeline, or opportunities for the operator to generate additional revenue from 3rd party access. Sales gas specification limits for general purpose natural gas transmission often have broad limits, which can be met by a wide range of compositions. As a wide range of gas compositions can give the same crack driving force, determining the composition limits is a “many to one” problem without a unique solution. This paper describes the derivation of an envelope of richer gas compositions which gave an acceptable probability of crack arrest in an existing pipeline which had originally been designed for a very lean gas mixture. Hence it was necessary to limit the amount of rich third party gas to ensure that the crack driving force did not increase sufficiently to propagate a long running fracture. Manufacturing test data for the linepipe were used with the EPRG probabilistic approach to derive a characteristic Charpy energy which would achieve a 95% probability of crack arrest in 5 joints or fewer. After “uncorrecting” the high Charpy energy, the value was used with the Battelle Two Curve model to analyse a range of gas compositions and derive an envelope of acceptable compositions. Sensitivity studies were carried out to assess the effects of increasing the temperature and of expanding the limits for nitrogen and carbon dioxide beyond the initial assumptions. It is concluded that for a specific case it will be possible to solve the inverse problem and produce composition limits which will allow increased flexibility of operation whilst maintaining safety.


2019 ◽  
Vol 24 (2) ◽  
pp. 124-130
Author(s):  
Corina Enache

Abstract Simultaneously with the globalization of economies, it was necessary the adoption and implementation of international accounting standards for the public sector also. In 1996 a set of accounting standards for public sector entities was developed, namely International Public Sector Accounting Standards (IPSAS). After 31st July 1998, 32 IPSAS standards, mostly inspired by IASs, centered on model and engagement-based accounting, were issued. IPSAS 1 – Presentation of financial statements relating to the place of intangible assets, inventories and personnel expenses in the content and format of the financial statements is applied to all general purpose financial statements realized under accrual accounting. The IPSAS 12 – Inventory objective is to state the stock accounting treatment. The IPSAS 25 objective – Employee benefits is to state the employee benefits from an accounting perspective.


Prawo ◽  
2019 ◽  
Vol 327 ◽  
pp. 269-283
Author(s):  
Jevgenij Machovenko ◽  
Haroldas Šinkūnas

The problems of court relations with the other branches forming the constitutional triad of powers the legislative and the executive as well as judicial independence are among the most sensitive issues, which never lose their relevance. The article deals with the problems by reference to the constitutional and ordinary law of 1918–1920, the circulars of the Ministry of Justice, other legislation, as well as research papers. A retrospective analysis of certain issues is also presented by way of establishing links with the Constitution of 3 May 1791 and other historical sources of law. The co-authors have arrived at the conclusion that, while refl ecting general observance of the principle of separation of powers and the intention to ensure judicial independence, the Founding Principles of 1918 and 1919, adopted by the State Council, and the Interim Constitution of 1920, adopted by the Constituent Assembly, enshrined the legislative and the executive powers explicitly but judicial power only implicitly the texts do not even mention courts and the respective principle is derived from the others. Due to the severe shortage of lawyers in 1918–1920, judges were allowed to serve in the executive branch at the same time. The Ministry of Justice explained the law to judges, while judges assisted the executive such as the police in discharging their functions. All that contradicted the principles of separation of powers and judicial independence but was accepted as an unavoidable and temporary arrangement. The Ministry of Justice tried to avoid abusing its power and harming the dignity of the judicial system’s employees by intrusive oversight, and acted in their regard as discretely as possible. It encouraged judicial independence and activism and demonstrated confi dence in the courts.


Author(s):  
Mr. Ghodke shubham Gorakhnath

Abstract: The various products to enhance beauty and elegance to look young and charming. Cosmetics thus play a vital role in human life. Now a days, herbal cosmetic are widely used because of the Belief that they have fewer side effects and better safety. Hair is one of the primary parts of the body which Acts as a protective appendage. The objective of the present work is to develop a hair oil for general purpose (daily use) using various herbs. The formulated oil was evaluated for its organoleptic properties, acid value, Saponification value, refractive index, pH etc. All the parameters were found to be good and within the Standards. Keywords: hair, oil, herbs, cosmetics, formulation, evaluation


2016 ◽  
Vol 10 (1) ◽  
pp. 98
Author(s):  
Ebad Rouhi ◽  
Leila Raisi Dezaki ◽  
Mahmoud Jalali Karveh

The rule of law is one of the very polemical and controversial concepts in the field of public law and political thoughts. This concept has been acclaimed in both international and domestic level and can be observed in the practice of the United Nations and many of states practically. In the light of the principle of the rule of law at the meantime ruling by law can be strengthened and also security and peace, development, democracy and human rights can be protected and promoted. The rule of law and human rights as two concepts with mutually interacting to each other has noteworthy great importance. An independent and impartial judiciary such as linkage has an important role in strengthening both of them.Human rights, separation of powers and judicial independence are regarded as some basis of the rule of law and as well as its consequence. Thus, in this regard rule of law has p very guidelines and indicators which some of them related to the judicial systems of states. In the light of exercise of these guidelines human rights are better protected and promoted.These instructions and guidelines generally are provided in international and regional human rights instruments to enforce in every sector of the state and especially for judges and judicial power to protection and promotion of human rights. This article investigates the relationship between rule of law and judicial system to introduce some measures and indicators of the rule of law to enforce them in the judiciary for better protection and promotion of human rights.


2005 ◽  
Vol 38 (3) ◽  
pp. 120-153 ◽  
Author(s):  
Michal Agmon-Gonnen

In a democratic country an independent justice system plays a major role in protecting human rights and the rule of law. However, an independent judicial system is at risk from a number of factors that derive from outside the sytsem as well as from within. The external dangers facing judicial independence are often discussed; whereas the internal perils that weaken the system as well as judicial independence, are far less known. This article will focus on the danger from within and will discuss the judicial administration's influence on human rights, specifically the right to due process under the law.


2021 ◽  
Vol 65 (1) ◽  
pp. 17-23
Author(s):  
O.S. Litovchenko ◽  
◽  
A.S. Maksimova ◽  
S.T. Barseghyan ◽  
◽  
...  

The article presents the results of a research of the functional state of the central nervous system of medical students studying in a Northern region. The study was based on such parameters of variational chronoreflexometry as the latent period of a simple visual-motor reaction, CNS functional level, response level, the functional level of the system. The study involved 94 girls of 1-2 years of study; the average age of students was 19.7±1.59 years. The analysis of the CNS characteristics of female students re-vealed a slightly reduced level of performance, combined with signs of the inhibition process, fatigue and body stress-reaction to the hypocomfort climatogeographic educational environment. The reduced functional level of the central nervous system and the latent period of response to visual stimuli in most of the examined students indicated weaker perceptual processes and lower psychomotor control of the body activity.


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