scholarly journals Issues Of Improving The Legal Basis Of The Institute Of Public Control In The Courts

2021 ◽  
Vol 03 (06) ◽  
pp. 122-126
Author(s):  
Murodjon Abdumutal Oglu Shermatov ◽  
Keyword(s):  
Public Participation ◽  
Judicial System ◽  
Scientific Article ◽  
Legal Basis ◽  
National Legislation ◽  
Public Control ◽  
Open Court ◽  
Court Proceedings

The scientific article examines the principles and problems of open and transparent functioning of the courts, ensuring public participation in open court proceedings as one of the ongoing reforms in the judicial system. Suggestions and recommendations have been developed for our national legislation.

Consideration of administrative cases on forced alienation of land plots for motive public needs: judicial practice and perspective

2020 ◽  
Vol 4 (4) ◽  
pp. 180-186
Author(s):  
Roman Myronyuk ◽  
Serhiy Shatrava
Keyword(s):  
Public Relations ◽  
Judicial Review ◽  
Case Law ◽  
Social Needs ◽  
Scientific Article ◽  
Legal Basis ◽  
Judicial Practice ◽  
Land Valuation ◽  
Court Proceedings

The article analyzes the legal basis of the courts in considering administrative cases of forced alienation of land for reasons of public necessity. The subject of research within this scientific article is public relations that arise during the judicial review of administrative cases of forced alienation of land for reasons of public necessity. The objectives of the study within its subject are: to clarify the legal basis for the judicial review of administrative cases of forced alienation of land for reasons of public necessity; determination of court proceedings for this category of administrative cases; clarifying the shortcomings of the jurisprudence of this category of cases and making individual proposals for its improvement. As a result of the analysis of case law, the authors conclude that when considering this category of cases the most difficult problems are: lack of effective pre-trial dispute resolution, difficulty of collecting and evaluating evidence in the case, in particular regarding confirmation of land valuation and legality of its intended use. social needs; determination of the terms of court proceedings, execution of a court decision, etc., the solution of which determines the purpose of the study. In the framework of the study, in order to fulfill its tasks, the materials of the practice of consideration of this category of cases by the courts were analyzed. plots for public needs; determining the truth of "public needs of forced alienation of land and objects located on it"; determining the objectivity of the assessment of the alienated property. Some scientifically substantiated directions of improvement of legal bases of activity of courts concerning consideration of administrative cases on compulsory alienation of the ground area for reasons of public necessity are offered.

Development of the Legal Framework for Regulating Relations for the Training and Retraining of Judges in the Soviet Period (1946–1991)

2020 ◽  
Vol 8 ◽  
pp. 39-47
Author(s):  
S. I. Pukhnarevich ◽  
Keyword(s):  
Professional Development ◽  
Soviet Union ◽  
Legal Framework ◽  
Judicial System ◽  
Soviet Period ◽  
Legal Basis ◽  
The Soviet Union

The article shows the formation of the legal basis for the formation, development and functioning of the system of training and retraining of judicial personnel in the country in the period from 1946 until the end of the USSR. The article also explores the forms and approaches to the organization of improving the quality of the staff of the judicial system. It was concluded that the Soviet Union has formed an ideologically oriented, strictly centralized Federal-Republican system of professional development of court employees.

scholarly journals Legal regulation of solving problems of pollution prevention Oceans

2020 ◽  
Author(s):  
S.V. Strygina
Keyword(s):  
Social Responsibility ◽  
International Cooperation ◽  
Marine Environment ◽  
Pollution Prevention ◽  
Environmental Problems ◽  
Legal Regulation ◽  
Legal Basis ◽  
National Legislation ◽  
The World

The article analyses the legal basis of activities of cleaning up the world oceans. It is emphasized that they are complex. The role of the UN in solving environmental problems is also highlighted. The need for international cooperation in the protection of the marine environment is mentioned. The article raises the problem of improving both international and national legislation and eliminating gaps in the law. The importance of social responsibility of business is emphasized.

scholarly journals Majalah Ahkam Johor: Sumbangannya dalam Perkembangan Islam di Johor pada Akhir Abad ke 19

2021 ◽  
Vol 16 (2) ◽  
pp. 1-19
Author(s):  
Mohd Hafiz Othman ◽  
Ermy Azziaty Rozali ◽  
Napisah Karimah Ismail
Keyword(s):  
Ottoman Empire ◽  
Document Analysis ◽  
Arabic Language ◽  
The State ◽  
Judicial System ◽  
Historical Research ◽  
Research Approach ◽  
Qualitative Design ◽  
Court Proceedings

The Majallah al-Aḥkām al-‘Adliyyah belongs to the Ottoman Empire has been introduced in Johor, Malaysia during the reign of Sultan Abdul Hamid II (1876-1908). The book was brought to the Johor Government in 1893 during the reign of Johor’s Sultan Abu Bakar (1862-1895) in its Arabic language and it was translated later into Malay language and Jawi script during the reign of Sultan Ibrahim (1895-1959) in 1913. The translation was done by the Mufti of Johor and it is known as the Majalah Ahkam Johor. The book is a legal reference comprises the civil matters of muamalat, for example sale and purchase, rent and hibah, besides of containing court proceedings too. There are previous studies which affirmed that the Majalah Ahkam Johor was rarely used as a reference in court due to the expansion of colonial British in Malaya. The objective of this paper is to discuss and analyse the challenges of the use of the book in Johor and the obstacles in it’s implementation. The methodology of this study is based on qualitative design with historical research approach and document analysis from primary and contemporary data. The findings of this study shows that the use of the Majalah Ahkam Johor at the court level faced obstacles due to the British administration policy of interfering with the state legal and judicial system. Furthermore, the introduction of British law led to the abandonment of the use of Majalah Ahkam Johor as a reference on Islamic matters in Johor.

REGULATORY AND LEGAL SUPPORT OF PUBLIC ADMINISTRATION IN THE ACTIVITIES OF THE COURT STAFF

2017 ◽  
Author(s):  
Artem Shcherbak ◽  
Keyword(s):  
International Law ◽  
Public Administration ◽  
Complex Analysis ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Local Action ◽  
Scientific Article ◽  
Organization Of Work ◽  
National Legislation ◽  
Administrative Organization

The scientific article is devoted to the formation of a system of normative legal acts that make up the normative and legal support of public administration in the activity of the court staff. Today there are many different regulations, which are constantly amended and supplemented, which necessitates systematic work in terms of their harmonization and alignment. The constant development of legislation in the system of public administration of the court staff in Ukraine is so dynamic that it requires urgent systematization. Therefore, the systematized and clearly formed legislation is a guarantee of efficiency, effectiveness and appropriateness of public administration of the court staff. It is established that the basis for the functioning of the system of public administration of the court staff is the Constitution of Ukraine, as well as laws and regulations. It is determined that the entire regulatory framework, which governs the system of public administration of the court staff is divided into two groups: 1) the rules of international law; 2) norms of national legislation. Considering the system of normative legal acts in the researched sphere, it is noted that ensuring the work of the court staff is carried out with the help of certain normative rules, which, in turn, regulate the administrative organization of the court staff. The complex analysis of normative-legal acts, which are reflected in laws and by-laws, determines the place of public administration in the court staff. It is proved that this system-forming chain of normative-legal acts, acts of departmental character and local action, creates levers of influence on the organization of work of the court staff. It should be noted that the analysis of regulations in the field of public administration of the court staff shows the lack of systematization of the legal framework, namely the dispersion of rules on various pieces of legislation, which greatly complicates the process of proper implementation of public administration.

THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS

2021 ◽  
Vol 11 (2) ◽  
pp. 205-225
Author(s):  
V.V. MOVCHAN
Keyword(s):  
Human Rights ◽  
Judicial System ◽  
System Control ◽  
Judicial Process ◽  
Public Authorities ◽  
Legitimate Interests ◽  
Constitutional Right ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Judicial Protection

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.

scholarly journals Public Participation in the Establishment and Management of the Natura 2000 Network—Legal Framework and Administrative Practices in Selected Member States

2008 ◽  
Vol 5 (1) ◽  
pp. 35-68 ◽  
Author(s):  
Herwig Unnerstall
Keyword(s):  
Public Participation ◽  
Natura 2000 ◽  
Legal Framework ◽  
Habitats Directive ◽  
Preliminary Evaluation ◽  
Legal Basis ◽  
Natura 2000 Network ◽  
Member States ◽  
Administrative Practices ◽  
The Eu

AbstractThe Natura 2000 network is one of the most important instruments for biodiversity conservation in the EU. Public participation at its establishment and its management is an idea often promoted for improving implementation and hence conservation results. The Habitats Directive being the legal basis for the network does not pay attention to the issue of public participation—leaving the task to the Member States. This paper analyses and compares the legal basis and administrative practices of a number of Member States in regard to public participation at different stages of development of the network. It distinguishes different of types of public participation and makes a preliminary evaluation of them.

scholarly journals Open Enforcement: New Approach of Ukraine

2020 ◽  
pp. 58-68
Keyword(s):  
Human Rights ◽  
Case Law ◽  
International Agreements ◽  
Court Decisions ◽  
Legal Doctrine ◽  
New Approach ◽  
National Legislation ◽  
European Court ◽  
The World ◽  
Court Proceedings

Open justice is one of the fundamental human rights guaranteed by international agreements, as well as by the national legislation of Ukraine. During the reform of justice, the provisions of procedural and judicial legislation have been substantially updated, in particular with regard to ensuring openness and transparency of court proceedings. At the same time, the legislation on enforcement of court decisions does not disclose the essence of these principles, which are enshrined in the relevant laws. Accordingly, the purpose of the article is to identify specific elements of the implementation of the principle of openness and transparency of the enforcement process based on the analysis of the legislation of Ukraine and other countries of the world, national legal doctrine and case law of the European Court of Human Rights.

scholarly journals PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DENGAN KERUGIAN NEGARA YANG KECIL DALAM MEWUJUDKAN KEADILAN

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Ahmad Muchlis
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Attorney General ◽  
Legal Basis ◽  
Legal Certainty ◽  
Small Loss ◽  
Circular Letter ◽  
Law Enforcement Officials ◽  
The Law ◽  
Court Proceedings

The Circulars letter of deputy attorney of general for special crimes number: B-113/F/ Fd.1/05/2010 can be used as a reference by prosecutors in doing law enforcement against corruption with small losses, but in practice law enforcement, this circular letter is making trouble in practice. The results of this research, namely: the law enforcement against corruption with a small loss of state must pay attention to the values of justice, expediency, and legal certainty. In enforcing the law against corruption with small losses only can be stopped during an investigation by utilizing the exchequer and redress demanded. the reason corruption cases with small losses were still continued by the prosecutor to the court proceedings after enactment of circulator letter because circulator letter contrary to corruption constitution and it has no the strength or binding in legal basis. The Suggestions are addressed for law enforcement officials (police, prosecutor, and judge) in order to do the law enforcement against corruption with small losses in order consider the value of a legal basis, namely: fairness, expediency and certainty. The circular letter of deputy attorney general for special crimes number: B-1113/F/Fd.1/05/2010 in order to be taken as government consideration in formulating the new rules (Ius constituendum). Key words: Corruption, Law Enforcement, Justice

Sign in / Sign up

Export Citation Format

Share Document