scholarly journals A Review of the Criminal Procedure System and its Causes A Model Study on the Arab Countries

2021 ◽  
Vol 4 (4) ◽  
pp. 192-233
Author(s):  
Muhammad Laeba ◽  
Mohamed Ibrahim Negasi ◽  
Mohammed Salem Sultan Hariz
Keyword(s):  
Arab Countries ◽  
The Other ◽  
Res Judicata ◽  
Model Study ◽  
Legal Nature ◽  
Judicial Ruling ◽  
Descriptive Approach ◽  
Definition Of ◽  
The Right ◽  
Shed Light

Reconsideration is one of the methods of extraordinary objection to the final judgments, i.e. those that have acquired the authority of the res judicata and become unobjectionable by appeal or cassation, and it is one of the regular means granted to litigants by virtue of which they can file a lawsuit for the damage they have suffered as a result of a judgment or decision. In their interest, and in this sense, it is a license granted by the system to the litigants to show the defects of the judgment issued in the case and to demand the competent judiciary to cancel it or amend it in a way that removes its defects. Some laws and regulations in Arab countries call it reconsideration, others petition, and the other retrial. With these different names, it became clear to the researcher, after studying these means, especially in the statutory reasons and justifications that their existence requires to object accordingly to reconsider a decision or a judicial ruling issued in the interest of the objector to obtain a decision or a judicial ruling in his favor, and he found that there is a problem in some of them, which It lies in the fact that only the litigants have the right to use it, so no objection is accepted from another person who is not a party to the lawsuit. Therefore, the researcher in this study will shed light on it through the use of the inductive and descriptive approach in order to show its importance in achieving judicial justice, which guarantees the litigants to resolve the dispute between them by reconsidering the final ruling, in order to arrive at a new ruling that expresses the desired truth, and he divided it into two sections, The first is a definition of the concept of reviewing the system of criminal procedures and its legal nature, and the second of the reasons for which litigants may request a review of the system of criminal procedures based on the final rulings and the legal nature of these reasons.

scholarly journals Society of doctors at Kazan University. Rhino-laryngo-otiatric section. 20th meeting 9 / XI - 1928

1929 ◽  
Vol 25 (4) ◽  
pp. 459-460
Keyword(s):  
Temporal Bone ◽  
The Other ◽  
Mastoid Process ◽  
Unusual Location ◽  
The Third ◽  
Zygomatic Process ◽  
Mathematical Definition ◽  
Definition Of ◽  
The Right ◽  
Point Of Intersection

Dr. D. H. Matveev and engineer N. I. Pautkin. - "Mathematical definition of the approach to the antrum of the mastoid process." The outer surface of the temporal bone with the plane applied to it is always in contact at three points. One of the points lies on the zygomatic process, the other on the temporal line and the third on the most prominent part of the mastoid process. These points define a triangle called the temporal. The results of measurements of more than 50 bone preparations give the right to state the following position: the antrum of the mastoid process is in the direction of the perpendicular restored to the plane of the temporal triangle at the point of intersection of its bisectors. On the available preparations (including those with an unusual location of the antrum), the indicated perpendicular enters the temporal bone in the area of ​​the spina suprameatum Henle and approaches the antrum. In addition, being guided by the found position, an operation was performed on 40 bones. In all cases (including those with an unusual location of the antrum), they inevitably fell into the antrum without any complications in terms of damage to adjacent parts. Based on the studies performed, the following conclusion can be made: 1. The proposed approach to the antrum using the temporal triangle is expedient due to its accuracy, safety in relation to complications and the shortest length of its path. 2. The found dependence of the location of the antrum on the external parts of the temporal bone makes it possible to navigate during antrotomy according to mathematical "data". 3. The mathematical definition of the approach to the antrum raises the question of the practical use of this definition in antrotomy. - Drs. BS Goland, BN Lebedevsky, NK Trutnev, SP Yakhontov took part in the debate and prof. V.K. Trutnev.

scholarly journals To the Definition of Preferential Right in Civil Law

2021 ◽  
Vol 17 (2) ◽  
pp. 45-53
Author(s):  
A. V. Pikalov
Keyword(s):  
Civil Law ◽  
Third Parties ◽  
Legal Obligation ◽  
Specific Group ◽  
Legal Nature ◽  
The Subject ◽  
Single Idea ◽  
Definition Of ◽  
The Right ◽  
The Relationship

The essential features of the preferential right are revealed and the main approaches to understanding its legal nature are considered. According to the first approach, preferential rights are defined as cases when, under all equal conditions, the advantage is granted by law to a specific group of persons with some special characteristics. The second approach does not have a single idea: the authors focus on a certain aspect of preferential rights and propose to understand other preferential rights in the same way. The place of “preferential rights” among other exceptions in the law is determined, the relationship and difference from related legal categories are shown. Based on the results of carried out research, the author's definition of a preferential right is developed as an additional possibility based on the property (corporate) interest of its owner, established by law or contract, to demand from the subject-accomplice in the right or the party in respect of proper behavior in the form of providing advantages over third parties. This right is proposed to be considered an independent subjective right due to the obvious independence of its existence in objective law as a measure of possible behavior defined by law (by contract, constituent document), the presence of a construction corresponding to it of a legal obligation, its own mechanism for the implementation of this right, and for a number of other reasons set out in the work.

scholarly journals The Jurisprudence Hadith Analysis of Bribery and It's Impact on Human Life

2019 ◽  
Vol 6 (1) ◽  
pp. 93-103
Author(s):  
Nuryamin Nuryamin
Keyword(s):  
Legal Status ◽  
Daily Life ◽  
Human Life ◽  
The Other ◽  
Social Phenomenon ◽  
Other Hand ◽  
Definition Of ◽  
The Right

This article discusses the concept of bribery in the perspective of hadith jurisprudence and its impact on human life. By looking at some definitions of bribery, it is found that all definitions give different meanings, goals, and aspects, there are essence of bribery, or which have similarities to them (such as gratification), because bribery is a social phenomenon and has many patterns making it difficult to define definitions the right and limit the meaning. But a definition that explains the meaning of bribery objectively, namely: Giving given to someone (an official) so that the right becomes wrong and wrong becomes right, because it summarizes the essence of bribery practice and is considered a comprehensive definition of all banned aspects of bribery, so let us choose this. In Qur’ān and Ḥadīth, Allah forbade his servant to eat bribery property, because this property was included as part of consuming other people's assets with vanity. Even though bribery is called a variety of terms in daily life, such as facilitation payments, tips, etc., the legal status and prohibition cannot change with these various terms. Bribes also have the potential to create hate conflicts and hostility among members of the community. Because in essence, bribery is only a tool for those who hold policies to oppress the weak. On the other hand, those who surrendered their wealth to the recipients of this bribe gave their assets very forcefully.

Współczesny kryzys migracyjny a uwarunkowania międzynarodowoprawne

2016 ◽  
pp. 67-98
Author(s):  
Przemysław Saganek
Keyword(s):  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
International Protection ◽  
Other Hand ◽  
The Law ◽  
Migration Crisis ◽  
Definition Of ◽  
The Right ◽  
The Eu

The text of Przemysław Saganek is a part of a wider discussion on the Mediterranean migration crisis. The author underlines the multi-aspect character of the crisis and the fact that several branches of international law which are at stake in it. They cover: the law on refugees, human rights, the law of the sea, the maritime law, the rules on territorial sovereignty and on the crossing of borders. What is of importance are customary norms, treaties and norms of the EU law. The idea of the author is to look at the instruments of international law which may act as incentive for hundreds of thousands of newcomers or as main obstacles for the states to put an end to uncontrolled inflow of people through their borders. His idea is to identify such instruments and start discussion on their possible suspension or termination if the crisis persists. The author comes to the conclusion that the definition of a refugee from the 1951 Geneva Conventionis not by itself a source of problems. The same concerns the subsidiary protection as introduced by the EU qualification directive. The same can be said about the scope of rights of persons covered by the international protection. The only element which requires discussion is the possible redefinition of the right to national treatment as regards the social aid. On the other hand, the scope of powers of states to defend their borders depends on the interpretation of the EU instruments on the protection of borders and the rights of applicants for international protection. The author comes to the conclusion that neither the procedural directive, nor the 2016 Schengen Border Code can be interpreted as a source of the right of an applicant to enter the territory of a Member State. On the other hand, the geographical conditions and the law of the sea make Greece and Italy the most vulnerable for the inflow of persons. The necessity of important changes to the law and its interpretation are referred to in a general way.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

scholarly journals The Concept of Spiritual Tourism

2021 ◽  
Vol 5 (1) ◽  
pp. 142-151
Author(s):  
Novi Rifa'i ◽  
Mohammad Kamaludin
Keyword(s):  
Qualitative Research ◽  
Service Providers ◽  
The Other ◽  
Natural Environments ◽  
Spiritual Values ◽  
Other Hand ◽  
Spiritual Tourism ◽  
Descriptive Approach ◽  
The Right

Komunikasi transendental dapat terlihat oleh banyak orang di objek-objek wisata yang ada di lingkungan sekitar kita, seperti upacara kehamilan, kelahiran, sunat, pertunangan, pernikahan, ucapan syukur dan kematian. Melalui penelitian ini para peneliti ingin mengeksplorasi nilai-nilai spiritual yang menjadi obyek pariwisata. Penelitian kualitatif ini akan mengungkap fokus kajian nilai spiritualitas pariwisata dalam mengembangkan konsep wisata spiritual berdasarkan kegiatan pariwisata yang telah dilakukan dengan berbagai atraksi. Jenis penelitian ini merupakan penelitian kualitatif dengan menggunakan pendekatan deskriptif-filosofis. Penelitian ini menggunakan pendekatan deskriptif karena bertujuan untuk mengungkap  konsep wisata spiritual yang tepat untuk wisata ramah muslim. Nilai spiritual pariwisata dalam Islam adalah pendekatan yang dilakukan oleh manusia kepada Allah SWT dalam menjalankan kegiatan pariwisata. Upaya yang dilakukan adalah menjauhkan haram dan melaksanakan yang halal, baik dalam aktivitas makanan maupun pariwisata. Konsep wisata spiritual yang dihadirkan adalah dengan selalu menggabungkan 4 (empat) elemen dalam menjalankan aktivitas, keempat elemen ini adalah pelaku pariwisata, keberadaan Allah atau kekuatan SWT dalam setiap aktivitasnya, kebijaksanaan Sumber Daya Manusia penyedia layanan, dan keharmonisan, kondisi alam lingkungan yang mengarahkan kepada getaran jiwa atas kehadiran Sang Pencipta di setiap langkah.   Transcendental communication is seen by many people in tourism objects in our surroundings,  such as ceremonies of pregnancy, birth, circumcision, engagement, marriage, thanksgiving and death. Through this research, researchers want to explore spiritual values ​​in tourism. This qualitative research will reveal the focus of the study of the tourism spirituality value and develop the concept of spiritual tourism based on tourism activities that have been carried out with various attractions. Thus, the type of research is qualitative research, using descriptive-philosophical approaches. This study uses a descriptive approach because it aims to disclose the spiritual values of tourism. In the other hand this study also analyzes the right concept of spiritual tourism for Moslem friendly tourism. The spiritual value of tourism in Islam is an approach taken by humans to Allah SWT in carrying out tourism activities. The efforts taken are to avoid the haram and the conduction of the corrupt ones, both in food and tourism activities. The concept of spiritual tourism that is presented  always combines 4 (four) elements in conducting activities, these four elements are tourism actors, the existence or power of Allah SWT in each of its activities, the wisdom of service providers, harmony and the atmosphere of natural environments thrilling the tourist actors to the The Creator in each of their steps.

scholarly journals Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects

2020 ◽  
Vol 10 ◽  
pp. 355-362
Author(s):  
Yuri O. Zaika ◽  
◽  
Oleksandr Ye. Kukhariev ◽  
Volodymyr L. Skrypnyk ◽  
Aliesia A. Mytnyk
Keyword(s):  
Civil Rights ◽  
Scientific Community ◽  
Civil Law ◽  
Inheritance Law ◽  
Legal Literature ◽  
Legal Nature ◽  
The Will ◽  
Methodological Approaches ◽  
Definition Of ◽  
The Right

The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.

scholarly journals Methodological strategy for the teaching of the pythagorean theorem in the eighth grade of the institution monseñor Jaime Prieto Amaya

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Henyi Maryan Gómez-Sánchez ◽  
Mawency Vergel-Ortega ◽  
Jhan Piero Rojas-Suárez
Keyword(s):  
Prior Knowledge ◽  
Quantitative Research ◽  
Pythagorean Theorem ◽  
The Other ◽  
Post Test ◽  
Descriptive Approach ◽  
One Year ◽  
Search For Information ◽  
The Right ◽  
Methodological Strategy

This experimental quantitative research with a descriptive approach, which was developed in a period of time of one year with the participation of the teacher of the mathematics area and a total of 100 students who were in grade 8, arose due to the difficulties that the students presented. students in the application of the Pythagorean theorem in everyday life. Due to this, the need arose to propose methodological strategies for the contextualization of the teaching of the Pythagorean Theorem and in this way, achieve a better understanding regarding this concept; For this reason, it was investigated with the students from a pre - test of prior knowledge which allowed to show the rhythms and styles of learning. After this search for information, it was possible to corroborate that the students felt more comfortable when classes were held outside the classroom; In this way, the activities were more experiential and significant, which made it possible to relate the Pythagorean theorem in a transversal way with areas such as physical education, in terms of the identification of the right triangle in different spaces of the court, measurements and distances; on the other hand, in relation to the artistic area in the formation of triangles the rectangles from origami and the way to find their measurements for the creation of these figures.  The construction of this knowledge could be verified through the application of a post test which resulted in an improvement in the understanding of the practical use of the Pythagorean theorem in different contexts.

scholarly journals Access to justice and problems of its restriction in criminal procedure

2020 ◽  
pp. 13-28
Author(s):  
Larisa Nikolaevna Maslennikova ◽  
Tatiana Topilina
Keyword(s):  
Criminal Procedure ◽  
Access To Justice ◽  
Initial Stage ◽  
Legal Nature ◽  
Objective Factor ◽  
Legislative Model ◽  
Definition Of ◽  
The Right ◽  
Right Of Access ◽  
Restriction Of Right

This article analyzes the controversies in definition of the concepts “right of access”, “access to justice”, “court accessibility”, "access to justice", as well as the problem of restriction of access to justice in criminal procedure. Detailed analysis is conducted on the existing approaches towards definition of the aforementioned concepts. The subject of this research is the norms of Russian and foreign legislation that regulate the right to access to justice in criminal procedure. It is demonstrated that the concept of “accessibility of justice” reflects an exogenous objective factor unrelated to the system of criminal justice, while “access to justice” in criminal procedure should be considered an indigenous objective factor, associated with the structure of criminal procedure, substantiated by its public-legal nature. The authors conduct the analysis of complaints regarding the restriction of right to access justice, which were received by the Ombudsman for Human Rights in the Russian Federation. The conclusion is formulated on the need for creating a novel algorithm (legislative model) of the initial stage of criminal procedure that ensures access to justice without dismantling the very foundation of criminal procedure, while maintaining an optimal ratio between public and dispositive beginnings of criminal procedure. 

scholarly journals DISCUSSION ISSUES OF LEGAL DISCRETION

2020 ◽  
Vol 30 (1) ◽  
pp. 165-169
Author(s):  
N.V. Kuznetsova ◽  
L.P. Lapshina
Keyword(s):  
Legal Norms ◽  
Judicial Practice ◽  
Legal Relationship ◽  
Legal Nature ◽  
Legal Position ◽  
Contractual Relations ◽  
Definition Of ◽  
The Right ◽  
Discretionary Powers

The article presents an analysis of some issues of legal discretion. There is no unified approach either to the definition of discretion or to the legal nature of this phenomenon. There are difficulties in the evaluation of the legal discretion in acting legislature. In private law trial discretion comprises codified regulation. This phenomenon is particularly typical in contract law: the court’s assessment of the behavior of participants in contractual relations as lawful or unlawful, abuse of rights, determination of the nature of the legal norms governing contractual relations. The discretionary powers of the court in many respects make it possible to ensure uniformity in the consideration of cases of a certain category, to form judicial practice on the application of the relevant legislation. The main areas of judicial activity in this case are: making the right choice of the rule of law to be applied to qualify the relevant legal relationship, applying the analogy of law and as well as the legal position developed when resolving a certain category of cases.

Sign in / Sign up

Export Citation Format

Share Document