Admissibility of Remedies Filed to the Supreme Court of the Republic of Macedonia in Civil Matters

2019 ◽  
Vol 81 ◽  
pp. 214-232
Author(s):  
Tatjana Zoroska-Kamilovska ◽  
Tatjana Shterjova
Keyword(s):  
Statistical Data ◽  
Critical Assessment ◽  
Judicial System ◽  
Application Of Law ◽  
Republic Of Macedonia ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Republic ◽  
Individual Justice ◽  
Insight Into

The text provides the genesis of the existing regime for access to the highest judicial body in Macedonia, the particularities of that regime and an assessment on its effects on the judicial system. The authors provide insight into two different modes of revision in Macedonian legal system, namely the ordinary revision and the leave to file a revision, depending on the goals each of these remedies primarily strives to achieve – individual justice in a particular dispute or uniform application of law and harmonisation of the judicial practice. The text also presents the issue of granting a leave to appeal, which has a number of specificities in comparison to its German and Austrian counterparts. Finally, it offers a critical assessment of recent reforms and provides statistical data on the Supreme Court’s caseload in Macedonia.

Dismantling Checks and Balances (II): Judges and Prosecutors

2019 ◽  
pp. 96-131
Author(s):  
Wojciech Sadurski
Keyword(s):  
Judicial System ◽  
National Council ◽  
Public Prosecution ◽  
Checks And Balances ◽  
The Supreme Court ◽  
Constitutional Tribunal ◽  
The Common ◽  
Law And Justice ◽  
The Republic ◽  
The Government

After transforming the Constitutional Tribunal (CT) into an active ally of the government, the Law and Justice (Prawo i Sprawiedliwość (PiS)) party in Poland embarked upon the comprehensive subjection of the entire judicial system to the executive, and in particular to the president of the Republic and the minister of justice/prosecutor general (MJ/PG). This chapter discusses how, for this purpose, the National Council of Judiciary (Krajowa Rada Sądownictwa (KRS)) was packed with the party faithful thanks to a changed system for selecting members of the KRS (they are now directly elected by Parliament, rather than by judges). It also deals with how the effect of the new law on the Supreme Court was a brand new court composition with a pro-PiS majority: this was created by combining early retirement for incumbent judges and increasing the number of seats on the Court. The chief justice’s constitutionally guaranteed term of office has been extinguished. It also looks at another statute, on the common courts, that has strengthened the power of the MJ to control court presidents, and hold judges accountable for their verdicts through a new disciplinary procedure. Finally, the chapter looks at how the prosecutorial system (prokuratura) was merged with that of the MJ, with the MJ becoming the ex officio PG, producing a deeply politicized system of public prosecution.

scholarly journals IMPLEMENTASI PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN (Study Putusan Pengadilan Agama Rantauprapat No. No.487/Pdt.G/2020/PA-RAP Jo Putusan Pengadilan Tinggi Medan No.73/Pdt.G/2020/PTA-MDN)

2020 ◽  
Vol 8 (2) ◽  
pp. 72-81
Author(s):  
Muhammad Yusuf Siregar
Keyword(s):  
Supreme Court ◽  
Legal Aspects ◽  
Judicial System ◽  
Court Decision ◽  
High Court ◽  
Is Research ◽  
The Supreme Court ◽  
Legal Position ◽  
The Republic ◽  
Research Show

This study aims to analyze the legal aspects of the implementation of the Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Courts (Study of Rantauprapat Religious Court Decision No. 487 / Pdt.G / 2020 / PA-RAP Jo Medan High Court Decision No. 73 / Pdt.G / 2020 / PTA-MDN. This research is Normative Empirical, which is research by looking at conditions in the field by linking the source of laws and regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this study are to find out and analyzing the legal position of the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts and To find out and analyze the Implementation of the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts in the Rantauprapat Religious Court Decision No.487 / Pdt .G / 2020 / PA-RAP Jo Medan High Court Decision No.73 / Pdt.G / 2020 / PTA-MDN. The results of the research show that the provisions of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2008 and / or Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts in article 02 paragraph 04 states that "Judges in consideration of the decision of a case must state that the case concerned has strived for peace through Mediation by stating the name of the Mediator for the case concerned. The position of Mediation as stated in the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 is one of the steps that must be taken in carrying out the Judicial system which is based on the decision of the Medan High Court Panel of Judges declaring that to completely reject the Plaintiff's Lawsuit with the Consideration that the case has been taken through the Mediation route although not maximally and His legal consideration is that the position of the witnesses presented by the Plaintiff is a witness who did not see the Plaintiff and Defendant fighting, but only told the story of the Plaintiff. Keywords: Implementation, Procedure, Mediation

scholarly journals Regional Benches of the Supreme Court of India - The Path Ahead

2017 ◽  
Vol 6 (1) ◽  
pp. 57-74
Author(s):  
Sankalp Mishra
Keyword(s):  
Supreme Court ◽  
Statistical Data ◽  
Well Being ◽  
Judicial System ◽  
Access To Justice ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Court Of Appeal ◽  
Wide Access ◽  
Law Commission

There is a need for the establishment of regional benches of the Supreme Court. By the analysis of various statistical data, the paper puts forward the urgent need for widening the reach of the Supreme Court and also to rejuvenate and reestablish the tarnishing reputation of the Supreme Court as an ordinary court of appeal. The paper explores the essential reasons for the establishment of benches of Supreme Court that can be broadly divided into three heads namely (i) wide access to justice (ii) Supreme Court reduced to an ordinary court of appeal (iii) litigation as a measure of well-being. The paper also analyses the recommendations laid out in the 95th, 120th, 125th and 229th Law Commission reports and analyses problem in hand, on the basis of analysis and the immediate need for the reform of the judicial system.

scholarly journals Is De Facto Partnership a Threat to Marriage? a Case Study from Macedonia

2016 ◽  
Vol 6 (2) ◽  
pp. 31
Author(s):  
Irena Avirovic ◽  
Makedonka Radulovic
Keyword(s):  
Young People ◽  
Quantitative Research ◽  
Statistical Data ◽  
Future Projections ◽  
Republic Of Macedonia ◽  
The Future ◽  
The Subject ◽  
The Republic

The subject of this work is to examine whether the increased number of de facto partnerships could jeopardize the future of the marital institution in the Republic of Macedonia. The paper will provide existing statistical data on the number of marriages, divorces, and de facto partnerships in the country. Furthermore, it will analyze possible factors which have influenced the increased number of extra-marital communities in Macedonia. For the purposes of this paper we conducted a quantitative research with a sample of 120 respondents aged 18 to 22 years. The questionnaire was outlined to measure the perceptions of young people on marriage and cohabitation. In conclusion, the results from the respondents’ answers were used as an inclusive consideration for future projections and possible major projects.

scholarly journals ON THE QUESTION OF THE LIMITS OF POWERS OF LEGISLATORS OF THE RUSSIAN FEDERATION SUBJECTS IN IMPROVING SOCIAL LEGISLATION

2020 ◽  
Vol 36 (4) ◽  
pp. 113-116
Author(s):  
D. P. Gevorkyan ◽  
Keyword(s):  
Social Support ◽  
Supreme Court ◽  
Russian Federation ◽  
Social Benefits ◽  
Judicial Practice ◽  
Support Measures ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of determining the scope of legislative powers of the constituent entities of the Russian Federation in the sphere of implementing the principles of the social state and the social rights of citizens. Taking into account the amendment to the Constitution of the Russian Federation, introduced in July 2020, which guarantee “targeted social support of citizens and the indexation of social benefits and other social benefits”, it is necessary to monitor current legislation and judicial practice in the social sphere. In the Republic of Daghestan, a fairly active formation of social legislation began in 2004, in recent years, judicial practice has also developed. The article examines a number of legal positions of the Supreme Court of the Republic of Daghestan and the Supreme Court of the Russian Federation, which must be taken into account in further law-making work on the formation of social legislation of the constituent entities of the Russian Federation. In particular, the legislators of the constituent entities of the Russian Federation in terms of establishing social support measures for certain categories of citizens at the expense of the budget of the constituent entity of the Russian Federation are not entitled to restrict the rights of persons who are established these support measures, in terms of introducing additional conditions for their provision

CONSTITUTIONAL AND LEGAL STATUS OF THE SUPREME COURT AS A COURT OF LAW IN UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vasyl Khmyz ◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Professional Activity ◽  
Constitutional Court ◽  
Main Function ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Law ◽  
Grand Chamber

The article reveals the features of the constitutional and legal status of the Supreme Court as a court of law in Ukraine. It has been established that the constitutional and legal status of the Supreme Court is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges» and the Code of Administrative Procedure of Ukraine. Analysis of the legislation allows us to note that the Supreme Court is the highest court in the judicial system in Ukraine. The composition of the Supreme Court is formed by the Grand Chamber of the Supreme Court, the Administrative Cassation Court, the Criminal Cassation Court and the Civil Cassation Court. It has been established that the President of the Supreme Court is elected to office, and also dismissed from office based on the results of a secret ballot held by the Plenum of the Supreme Court. The constitutional and legal status of the Supreme Court makes it possible to single out such basic functions of the Supreme Court as: the function of administering justice, during which the Supreme Court acts as a court of cassation; the function of analyzing judicial statistics, as well as summarizing judicial practice; the function of providing conclusions on draft legislative acts directly related to the judicial system; the function of providing an opinion on the presence or absence of signs of committing high treason or other crime in the acts for which charges are brought against the President of Ukraine, for committing high treason or other crime; the function of providing appellate and local courts with proper methodological information on law enforcement issues, etc. It has been determined that the professional activity of the Supreme Court contributes to ensuring the observance of the principle of equality of all before the law and requires ensuring at the same time the achievement of the unity of judicial practice. It is noted that the prospects for further research in this direction are the study of the legal status of the Constitutional Court of Ukraine as a body of constitutional jurisdiction, the main function of which is to ensure the supremacy of the Constitution of Ukraine.

The transformation of the judicial system in Kyrgyzstan an after 1991. Aspects of the development of administrative justice

2021 ◽  
Author(s):  
Roman Burenko
Keyword(s):  
Supreme Court ◽  
Judicial System ◽  
Constitutional Court ◽  
Kyrgyz Republic ◽  
The Supreme Court ◽  
The Creation ◽  
The Republic ◽  
Administrative Justice

This article examines the transformation of the judiciary in the Republic of Kyrgyzstan after 1991, as well as aspects of the development of administrative justice in this state. The article presents the main stages of the development of the judicial system of the Kyrgyz Republic: 1993-2002, 2003-2009, 2010-2020. The device of the judicial system of the republic is described, the system of courts of general jurisdiction, inter-district economic courts, the judicial bids of the Supreme Court of Kyrgyzstan, as well as the courts of the second instance, and in addition to the elimination of the system of arbitration courts in the Republic and Military Courts (2003), disbanding the Constitutional Court of the Republic of Kyrgyzstan (2010), the creation of the Constitutional Chamber in the Supreme Court of the Republic. The article provides aspects of the development of administrative justice.

CRIMINAL AND LEGAL CONSEQUENCES OF PHYSICAL FORCE AND SPECIAL MEANS ABUSEBY PENAL STAFF

2020 ◽  
pp. 61-65
Author(s):  
Динара Мансуровна Латыпова
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Statistical Data ◽  
Scientific Literature ◽  
Physical Force ◽  
Judicial Practice ◽  
Special Means ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Legal Consequences

В статье рассматриваются вопросы квалификации действий сотрудников исправительных учреждений, применяющих физическую силу и специальные средства к осужденным в случаях, предусмотренных действующим законодательством. На основе анализа статистических данных, научной литературы проводится исследование квалификации действий сотрудника в рамках реализации своего права на необходимую оборону и причинение вреда при задержании осужденного, совершающего противоправные действия. Исследуются вопросы разграничения правомерных действий сотрудника пенитенциарного учреждения, применяющего физическую силу и специальные средства в случае нападения на него осужденного от превышения должностных полномочий. Анализируются положения уголовного законодательства, материалы судебной практики по исследуемой теме, указываются пробелы в регулировании вопросов квалификации в постановлениях Пленума Верховного суда РФ. Обосновывается необходимость закрепления нового обстоятельства, исключающего преступность деяния в случае действий сотрудника исправительного учреждения, применяющего физическую силу и специальные средства. Предлагается внесение изменений в уголовно-правовую норму о превышении должностных полномочий, а именно разграничение квалифицирующих и особо квалифицирующих признаков состава в зависимости от применения физической силы, специальных средств либо оружия. The article deals with the qualification of actions of penal officers using physical force and special means in relation to convicted persons in cases prescribed by current legislation. Based on the analysis of statistical data and scientific literature, a study is conducted concerning the qualifications of the penal officers’ actions in the framework of the exercise of their rights to the necessary defense and harm when detaining a convictcommitted unlawful acts. The issues of delimitation of lawful actions of a penal officer using physical force and special means in the case of an attack on him by a convict from exceeding official powersare considered. The provisions of the criminal law, judicial practice materials on the topic under study are analyzed, the gaps in the regulation of qualification issues are indicated in the decisions of the Plenum of the Supreme Court of the Russian Federation. The need fora newfactcaptureexcluding criminality of an act in the case of actions on the part of a penal officer using physical force and special means is demonstrated. It is suggested to amend the criminal legal norm on exceeding official powers, namely the distinction between qualifying and especially qualifying features of the elements depending on the use of physical force, special means or weapons.

Sign in / Sign up

Export Citation Format

Share Document