The content of the preventive measure of home detention

The criminal procedural provisions in Romania regulate a number of 5 preventive measures, of which 3 are custodial and two restrictive. Of these, the measure of house arrest, regulated as a novelty at the beginning of 2014, seems to be an intermediate form between judicial control and pre-trial detention, borrowing elements of content from both measures. Compared to the obligations that can be imposed on the defendant arrested at home, certain situations can be left uncovered by the legislator, which can make the measure seem ineffective in practice.

The Impact of the Judicialization of the Unique Health System

This study aims to discuss the right to health, comparing collective and individual health and analyzing the impact of judicialization on the Unified Health System (SUS). Therefore, it addresses the right to health, presenting its concept and minimum content; discusses the principle of integrality; discusses the judicial control of public policies, weighing up the reserve of the possible and the minimum existential; and defends the prioritization of public policies that benefit the community. As a methodology, bibliographic research was adopted based on the literary review of books, articles and legislation that are dedicated to the theme in order to seek solutions to reduce expenses with judicialization.

SHAPING THE SYSTEM OF JUDICIAL CONTROL OF DISCIPLINARY DECISIONS IN SERVICE RELATIONSHIPS

Initially, disciplinary liability was not subject to judicial control. The shaping of the judicial control of disciplinary decisions was a long-standing process which was finally established with the entry into force of the constitutional principle right of access to court. A systemic analysis of the provisions in question indicates that the system and functioning of this institution are not based on clear and rational assumptions that meet the postulated criteria of a satisfactory (decent) regulation. Existing provisions often regulate institutional, material and procedural aspects of this control in a different way. This approach to the control system puts the litigant parties (especially the accused) in unjustifiably different procedural situations resulting from different rules of procedure in force in common courts of law and administrative courts.

Object of complaints to the investigating judge regarding the judicial control of acts, actions / inactions to the criminal investigation body

The examination of complaints by the investigating judge, filed by the parties to the proceedings and other persons claiming the violation of their rights in criminal proceedings, is an important form of control for detecting and preventing violations of law and errors committed by criminal prosecution bodies and which carries out the operative activity of investigations.

Historical overlook on the birth and formation of the institute of departmental procedural control in predictional criminal court proceedings in Russia

The authors submit to a detailed analysis the historical milestones of the origin and formation of the institution of departmental procedural control in criminal proceedings in Russia. Taking the generally accepted classification as the basis for constructing a preliminary investigation and highlighting seven periods of the formation of the institution of departmental procedural control, the principles for establishing a particular institutional model of a concrete historical period are reflected. As the main method in the process of writing this article, the general systemic method of cognition was used, which made it possible to comprehensively consider and analyze the process of origin and formation of the institution of departmental procedural control in pre-trial criminal proceedings in Russia. In addition, the authors argue that the institution of departmental procedural control of judicial control in the Russian Federation is quite young and its mechanisms need in-depth study. It is concluded that, through the analysis of statistical data, law enforcement practice, as well as the opinions and developments of scientists-processes, made it possible to identify the optimal ways to solve existing problems and directions for improving criminal procedure legislation.

Ewolucja cywilnych postępowań nakazowych i upominawczych w kierunku respektowania wymogów demokratycznego państwa prawnego

Although writ proceedings in the Polish civil proceedings have been in operation since the beginning of the modern Polish civil process, there are still controversies in the aspect of fairly structured court proceedings. The defendant may be convinced that their procedural rights have been violated. It is a consequence of considering the case without prior notification of the defendant about the initiation of the proceedings. In such an approach, the judiciary may be perceived as not respecting the standards of a democratic state ruled by law. At the same time, to be closer to the notions of a totalitarian or authoritarian state, because it is not the procedural rights of an individual that are primary, but the effectiveness of the authorities’ actions. However, the concerns about the order for payment mechanism are unfounded as long as the model in which the order for payment is applied complies with the necessary requirements. First, the public authority deciding the case should have the attribute of impartiality. It is not necessary that payment orders are issued by a court. However, if the case is not heard by the court, the judicial control of such decisions is necessary. Second, the evidence should not be assessed. The presentation of specific evidence may, however, be a necessary condition for issuing an order for payment. The issue of the public body examining cases is related to the issue of evidentiary proceedings. These two elements define the nature of the order for payment by defining a procedure model. Finally, it should be pointed out that the order mechanism in a democratic state ruled by law should only supplement the examination of cases in ordinary proceedings (or separate proceedings distinguished by the party types). If the number of cases examined in separate proceedings is significant, and even more so if this way of dealing with cases prevails, ordinary proceedings may be merely an illusion. If in a significant number of cases simplified procedures leading to issuing an order for payment are applied, procedural guarantees related only to ordinary proceedings are irrelevant in such cases.

Practical Application of the Provisions of the Code of Criminal Procedure Regarding the Measure of Preventive Arrest

Preventive measures are coercive criminal law enforcement institutions, aimed at the deprivation or restriction of individual liberty, by which the suspect or defendant is prevented from undertaking certain activities that would adversely affect the conduct of the criminal proceedings or the achievement of its purpose. They have been instituted by the legislator for specific purposes, namely: to ensure the proper conduct of criminal proceedings, to prevent the abstraction of the suspect or defendant from trial and to prevent the commission of new offenses (art. 202 para. 1 of the Criminal Procedure Code). Preventive measures are not inherent in any ongoing criminal trial, but are exceptional measures (art. 9 para. 2 of the Criminal Procedure Code), and the court can decide to sease the measure or make use of the measure in the light of the specific circumstances of each case. Of the five preventive measures, three are deprivation of liberty - detention, house arrest and pre-trial detention, and two are non-custodial: judicial control and judicial control on bail. All these measures are only applicable to the natural person. Specific preventive measures may be taken against legal persons, but those are regulated by the provisions of art. 493 of the Criminal Procedure Code.

Foreign experience of judicial control over the enforcement of decisions in civil judiciary

Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.

The Judicial Control of a Cross-Border Merger approved by means of an abusive resolution

The fight for the control of the Mediaset group has given rise to several judicial decisions issued in various national jurisdictions and even by the European Court of Justice. Three orders of Spanish Courts have been of particular interest. Two of them were issued by a Commercial Court in Madrid and the third one was issued on appeal by the Provincial Appeal Court Madrid. They instructed the suspension of the shareholders meeting resolutions of the Spanish Mediaset company approving a cross-border merger. The content of this resolution was to approve the acquisition of the Spanish company by another company domiciled in the Netherlands thus changing the applicable law. The resolution approving the merger was presumed (provisionally) to be abusive and, eventually, null and void. The decisions of the Spanish Court were grounded on the fact that the articles of association of the resulting Dutch company would be detrimental to the minority in the Spanish company. This limits the freedom of establishment (Art. 49 TFEU) and is based on a multilevel scrutiny, resulting from the national laws applicable to each company that participates in the merger. Those judicial decisions handled with other issues of interest in company law, such as the conclusive effect of the registration of a cross-border merger, the legitimation of the minority to challenge shareholders resolutions, or the effects of a shareholders meeting resolution replacing a previous merger resolution that has been challenged before the courts.

Effects of a Soft Law: An Overview of the Implementation of the UNSCR 1325 in the EU and the Western Balkans

As the variegation of soft law increases, so we witness a growing number of soft law instruments – resolutions, guidelines, recommendations and the like – being adopted and implemented. The idea behind soft law is to assist governance through flexible problem solving, considering that soft law instruments produce legal and practical effects that are beyond judicial control. These pages focus on the effects of UN Security Council Resolution 1325 (SCR 1325) that is considered a UN soft law instrument given that it was not adopted under the Security Council’s Chapter VII mandate and the Security Council has no enforcement power thereover. In a narrower sense, this paper examines the implementation of Resolution 1325 in the EU and select Western Balkan countries. Specifically, the paper offers a contrasting of the particular National Action Plans for its implementation in Croatia, Bosnia and Herzegovina, and the EU’s Strategic Approach to the EU implementation of the United Nations Security Council Resolutions 1325 and 1820 on women, peace and security. The comparison of objectives, fundamental terms and civil society involvement will serve as a platform for drawing conclusions on the relevance and the effects of Resolution 1325 in the said countries and the EU.