scholarly journals Procedure for authorization of professional integrity testing and assessment of the result of professional ingritacy test

2021 ◽  
pp. 40-43
Author(s):  
Alexandru Prisac ◽  

In this article analyzed the procedure for authorizing the testing of professional integrity and the assessment of the result of the test of professional integrity regulated in XXXIV of the Code of Civil Procedure of the Republic of Moldova. All the procedural conditions in which this procedure takes place are investigated. Particular attention was given to the analysis of the means offered by the procedural law to the court to ascertain circumstances in order to achieve the purpose of this procedure - authorizing the testing of professional integrity and assessing the result of the professional ingratitude test.

2017 ◽  
Vol 13 (2) ◽  
pp. 389
Author(s):  
Eduardo Cambi ◽  
Marcos Vargas Fogaça

O presente trabalho busca difundir o processo coletivo como instrumento para a melhoria da prestação jurisdicional. Também pretende a concretização das garantias constitucionais do direito processual brasileiro, corolários do devido processo legal coletivo, a partir de uma análise da conversão da ação individual em ação coletiva. Tal sugestão estava presente originalmente no artigo 333 do Código de Processo Civil de 2015 (NCPC), cuja inovação foi vetada pela Presidência da República. Para tanto, utiliza-se do método analítico de decomposição do instituto para analisar melhor cada especificidade. A conversão da demanda individual em demanda coletiva, prevista no texto vetado do NCPC, traria grandes conquistas a efetivação da justiça qualitativa, prestada de forma célere e efetiva. Assim, verifica-se a inconsistência do veto, uma vez que o instituto não estava mal disciplinado e permitia a convivência harmônica das técnicas de tutela coletiva de direitos com repercussão individual com as técnicas individuais de repercussão coletiva na sistemática processual civil brasileira. A partir da análise do incidente de coletivização, procura-se verificar em que medida tal instituto ainda pode ser aproveitado no atual sistema processual brasileiro.Palavras chave: Processo coletivo. Conversão da ação individual em ação coletiva. Veto ao Código de Processo Civil de 2015.AbstractThis study aims to spread the collective process as an instrument to the improvement of jurisdictional assistance and implementation of the constitutional principles of the Brazilian procedural law, corollaries of collective due process, on the basis of the analysis of conversion from individual in collective action, presents originally on article 333 of Civil Procedure Code of 2015, which was vetoed by the Presidency of the republic. Therefore, the analytical method of decomposition institute is used to better analyze each specificity. As the institute was regulated, the conversion from individual in collective action would bring great achievements to qualitative justice enforcement. Accordingly, there is inconsistency in Presidency’s veto, considering the institute wasn’t weak disciplined and there was the need for harmonious coexistence of rights collective protection techniques with individual techniques of collective repercussion on Brazilian civil procedure system.KeywordsCollective process. Conversion from individual in collective action. Veto on the Civil Procedure Code of 2015.


2021 ◽  
Author(s):  
Alexandru Prisac ◽  

In this article, a relatively new civil procedural institution from the Code of Civil Procedure of the Republic of Moldova was analyzed. All the procedural conditions in which judicial mediation takes place were analyzed. Those problematic aspects regarding the application in judicial practice of this legal institution were not overlooked. Likewise, those legislative imperfections existing in the Code of Civil Procedure on judicial mediation that we propose to be removed by amending and supplementing this legislative act were highlighted.


2021 ◽  
Vol 2021 (2021) ◽  
pp. 101-111
Author(s):  
Igor COBAN ◽  

Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.


2021 ◽  
Vol 11 (5) ◽  
pp. 233-241
Author(s):  
I.N. KOLYADKO

In this study the author confirms the thesis that the founder of the school of civil procedural law of Belarus is Professor S.V. Kurylev. It is emphasized that some of the main continuers of his ideas were V.G. Tikhini and N.G. Iurkevich, who conducted extensive work on training of scholars of procedural law. The main part of this work is devoted to the role of Professor M.K. Treushnikov in developing the school of civil procedural law of the Republic of Belarus, which was to a great extent realized through interaction with M.K. Treushnikov and V.G. Tikhini, which started with their monographic works that became the basis for their PhD theses. Another important milestone in the development of procedural science and legislation is that M.K. Treushnikov influenced as an organizer of lawmaking and educational process. Examples include his participation in the preparation of the draft of the Civil Procedure Code of the Russian Federation as co-chair of the working group and organization of its discussion with the invitation of scholars from post-Soviet states.


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.


2018 ◽  
Vol 13 (3) ◽  
pp. 158-164
Author(s):  
Serghei Cebanu ◽  
◽  
Mariana Tutunaru ◽  
Raisa Deleu ◽  
Angela Cazacu-Stratu ◽  
...  

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