CERTAIN ISSUES OF FAMILIARIZATION WITH THE MATERIALS OF THE CRIMINAL CASE AT THE END OF THE PRELIMINARY INVESTIGATION

Familiarization with the materials of the criminal case at the end of the preliminary investigation affects the timeliness and quality of criminal proceedings in the court and adoption of a procedural decision, as well as the observance of the procedural period of criminal proceedings and ensuring the rights of participants in the parties, and therefore there is a need to resolve problems during its conduct. The authors uphold the position that it is necessary to provide for the mandatory participation of the legal representative of the minor victim and the accused in familiarization with the materials of the criminal case in order to carry out their defense, as well as the need to rehabilitate the victim after the crime committed against him. It is proposed to give the prosecutor the power to return the criminal case to the investigator if he considers it necessary to satisfy the applications. This proposal is aimed at ensuring the quality of support for public prosecution. A proposal to grant the parties the right to petition the investigator to declare the evidence in the case inadmissible and not to include it in the indictment is substantiated. The proposed procedure will exclude disputes that are not related to the circumstances of the commission of the crime in court, will improve the quality of criminal proceedings.

The Moderating Effect of Holding Shareholders on Corporate Performance in Institute Spin-Offs from the Perspective of Institutional Logics

Based on the panel data of 577 spin-offs of the Chinese Academy of Sciences (CAS) from 2008 to 2017, this paper explores the moderating effect of the different types of holding shareholders on business performance and innovation performance in institute spin-offs from the perspective of institutional logics. The findings indicate that investment in research and development (R&D) has a significant positive impact on the business performance and innovation performance of the institute spin-offs. Corporate legal representative holding shareholders positively moderate the relationship between R&D investment and business performance. Due to the conflict of incentive mechanism, research institute legal representative holding shareholders negatively moderate the relationship between R&D investment and both areas of performance. Scientist natural person holding shareholders positively moderate the relationship between R&D investment and both areas of performance. The research conclusions of this paper enrich the research on institute spin-offs and expand the research on the role of holding shareholders in business operation.

Efektivitas Mediasi dalam Penanganan Perceraian di Pengadilan Agama Ponorogo

Every civil case in court must be resolved through mediation first. As technology develops, PERMA No. 1 of 2016 concerning mediation provides an option for parties who cannot attend in-person to carry out audio-visual mediation. The purpose of this study was to find out how the implementation and effectiveness of direct and audio-visual mediation in the settlement of divorce cases in PA Ponorogo and what factors were supporting and inhibiting its effectiveness. This is an empirical study that employs a qualitative approach. data collection techniques use observation, interviews, and documentation, while the analysis uses inductive analysis. From this study, it was concluded that in divorce cases in PA Ponorogo, direct mediation was more effective than audio-visual. Factors supporting the effectiveness of direct mediation are the ability of a mediator and a reliable legal representative; the existence of legal awareness; the existence of good faith; and the existence of legal knowledge of the parties. Then there are the supporting factors of audio-visual mediation, which are adequate facilities, informative and educative communication of attorneys to their clients, good faith and legal knowledge of the parties, and the agreed schedule. While the inhibiting factors of the two mediation models are the panel of judges' policies, inadequate facilities, time zone differences, and the emotions of the parties.

PROCEDURAL STATUS OF A LEGAL REPRESENTATIVE IN THE MODERN RUSSIAN CRIMINAL PROCESS

The article reveals the features of the normative consolidation of the procedural status of a legal representative in the Russian criminal process. The authors focus their attention on the problems of investigative and judicial practice related to the shortcomings of the current legislation. The most important issues that need to be addressed as soon as possible have been identified. Particular attention is drawn to the need to resolve problems arising from conflicts between a legitimate representative and a person represented by him/her, which gives rise, on the one hand, to grounds for appealing against decisions made, and on the other, to a conflict between the parties, which may affect their subsequent relationship. The absence of a single rule regulating the rights of legal representatives raises questions in practice about the possibility of their participation in individual investigative and procedural actions, applications, etc. Attention is drawn to the lack of regulation in the law of the duties of a legal representative in criminal proceedings, which creates controversial situations when assessing their behavior, especially when deciding on their removal from participation in the case. The article concludes that it is necessary to develop a single, universal model of legal representation in criminal proceedings.

The Indeterminacy of Precedent: Negotiating the Admissibility of Victim Participant Testimony before the International Criminal Court

The icc represents a legal laboratory that is still consolidating itself, with multiple unclarities in evidence and procedural law requiring resolution through jurisprudence. Our paper draws on interaction analysis to unpack this process, focusing on the jurisprudential construction of ‘dual status’ victim participant testimony. To elucidate how this evidentiary/procedural element is locally negotiated, we examine an excerpt from the Ongwen hearing transcripts, in which the defense objects against the testimony by a dual status witness called by the victim participants’ legal representative. The analysis traces how the defense counsel’s objection is anchored in a trajectory of prior decisions, and demonstrates that the implementation of the criteria drawn from these decisions is mediated by deep-rooted common-sense assumptions about the ‘ownership’ of testimony. These unspoken assumptions open up a discursive space in which trial actors can discuss the interactional quality of testimony, which adds an element of contingency to the final decision.

Ensuring the right to protection at the stage of appeal proceedings in criminal case: problems of theory and practice

Introduction. The right of the accused to a defense in criminal proceedings is a prerequisite for the effective administration of justice, since it minimizes possible errors in the final decision in a case, which may result in the conviction of innocent persons, which contradicts the purpose of criminal proceedings and undermines citizens confidence in the judicial system. The purpose of the article is to identify systemic problems that impede the effective implementation of the right to defense at the stage of appeal, as well as to suggest ways to resolve them. Main results. The authors come to the conclusion that the structural and logical elements of ensuring the right of the accused to a defense at the stage of appeal proceedings in a criminal case are: subjects defending the accused; duties of a defense lawyer to exercise the right of the accused to defense at the stage of appeal proceedings in the case; subjects who, in accordance with the requirements of the criminal procedure law, are obliged to ensure the right of the accused to defense; the duties of the courts of first and appellate instances imposed on them by the criminal procedure law, corresponding to the rights of the accused, his defense lawyer and legal representative and forming in their totality a system of interim measures necessary for the realization of the accuseds right to defense; the powers of the accused, his defense counsel and legal representative, through which the constitutional right to defense is exercised; guarantees of the accuseds right to defense. The only ground for limiting the right to defense is abuse of the right by the defense. The fact of abuse of the right can only be established by the court, the abuse of the right cannot be evidenced exclusively by the external expression of the actions of participants in the process. The question of the presence or absence of abuse of the right to defense should be decided by the court on the basis of the totality of factual circumstances and procedural features of each individual situation. The system of powers that make up the content of the defendants right to defense at the stage of appeal proceedings in the case consists of two interrelated elements, including powers exercised at the stage of filing an appeal and before the start of the court session of the court of appeal, as well as the powers that the defense side has directly in consideration of a criminal case in a court session of the court of appeal. Conclusion. Thus, the effective provision of the right to defense at the stage of appeal proceedings requires a change in approaches on the part of legislator and law enforcement officers.

International Criminal Court (ICC): Dominic Ongwen

On 4 February 2021, the ICC's Trial Chamber IX found Lord Resistance Army's Commander Dominic Ongwen guilty for a total of 61 crimes comprising crimes against humanity and war crimes, including many conflict-related sexual and gender-based violence crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. On 6 May 2021, Dominic Ongwen was sentenced to 25 years imprisonment for these crimes.<br/> In this Q&A we discuss this case with three renowned experts, namely Victoria Nyanjura (Survivor, Founder Women in Action for Women Uganda), Joseph Manoba (lawyer and Legal Representative for victims in the Ongwen case) and Lorraine Smith van Lin (independent victim's rights expert). By answering 11 questions, they provide insight in the complexity of this case, including how it is perceived by LRA victims and survivors in Uganda.

Legal status of child with disabilities as legal category of social security (part ІI)

The article is devoted to the study of such a legal category as the legal status of a child with disabilities in the field of social security, its structural elements, the relationship with the status of other categories of material support recipients. The authors conclude that the elements of the legal status of a child with disabilities are only his/her rights and responsibilities, which are realized by him/her through a legal representative or with hi/her active assistance. Freedom is not the subject of a study of social security law and is not part of a child’s legal status. Legal capacity indicates that a child with disabilities is a subject of social security law and has the rights and responsibilities provided by this branch of law since birth until reaching adulthood. In most cases, children with disabilities are not aware of the importance of their actions and cannot be guided by them, that is, to dispose of rights and responsibilities, and therefore they cannot be full-fledged subjects of social security relations. In such legal relations, they are often replaced by legal representatives. The special rights of a child with disabilities in the field of social protection are the child`s legal possibilities with the assistance of his/her legal representative to receive additional types of compensatory social security, which are associated with disability due to persistent dysfunction. In social security law, ensuring the responsibilities and violating of them rely on the child`s legal representative. Some responsibilities may be imposed on a child with disabilities when he/she receives social services, but in most cases he/she will be morally responsible for the violation. In the article the authors conditionally divided three categories of children with special needs: 1) children with disabilities; 2) children with serious illnesses who have not been diagnosed with disabilities; 3) children with mental or physical disabilities who have no grounds for establishing disability. Key words: the concept of the category “child with disabilities”, the procedure for establishing disability in children, elements of the legal status of a child with disabilities, rights and responsibilities of children with disabilities in social protection, social benefits for children with disabilities, social services for children with disabilities.

6. The First Client Meeting and Initial Considerations

Legal representatives who are new to practice are expected initially to assist in clients’ cases and ultimately to handle their own files. In every new matter for every client, their professional conduct duties, particularly client care issues, should be at the forefront of their mind as a legal representative before proceeding to undertake any work for the client. This chapter focuses on professional conduct issues; client care; money laundering requirements; the first meeting with the client; and initial investigations. The chapter includes details of the Consumer Contracts Regulations 2013 and a range of applicable examples.

14. Interim Applications—Common Types

This chapter considers the interim applications that a legal representative may most often come across in practice. It looks at the procedure for the specific interim application. Then it discusses the form of the evidence needed to make or oppose it. The interim applications considered here include an application to set aside default judgment; summary judgment; interim payment; an application for specific disclosure; an application for security for costs; and an application for an injunction.