“Publicity” and “Confidentiality in Arbitral Judiciary: Approaches to Understanding and Application

The growing interest in alternative forms of dispute resolution has prompted attention to the peculiarities of the application of the principles of publicity and confidentiality in the arbitration. It is determined that the observance of the principle of publicityof the legal proceeding is the basis for ensuring justice. However, approaches to the application of this principle in arbitration differ both from the point of view of researchers and within the framework of legal regulation at the national and international levels. Some believe that the application of the principle of publicity will destroy the features of arbitration as such. However, the presented article demonstrates other approaches. The position was supported that the principle of confidentiality should be distinguished from the concepts of “privacy” or “closed trial”. In this context, publicity is often compared to concepts such as “openness”, “clarity” and “transparency” of the proceedings. Of concern is some regulatory restriction on the application of the principle of publicity, which affects the level of awareness of the activities of arbitration courts among the public and lawyers who intend to use alternative forms of dispute resolution. It is hoped that such further research will help solve similar problems.

A Restorative Response to Victims in Proceedings before the International Criminal Court: Reality or Chimaera?

The integration of the framework of victims’ participation into the legal proceeding of the International Criminal Court (icc) has been seen as a transformation of the icc process beyond narrow retribution to better accommodate restorative justice (rj) values and practices. However, there is little research into whether, or how the icc metes out rj. This article argues that rj principles brought within icc emphasise the growing importance that victims’ participation in proceedings plays in achieving justice for victims. It then examines how the icc process aligns to the key elements of rj practice, namely victim-offender meeting; offender’s acknowledgement of responsibility and apology; collaborative conflict-resolution approach; victims’ healing and reconciliation; symbolic reparation and material restitution. This article demonstrates that these elements, developed to address ordinary juvenile criminality, are not structured to operate in the particular context of the icc, characterised by grave harm caused to victims and communities by mass atrocity.

Comparative Study of Competition Law between China and Pakistan with Special Reference to the Use of Evidences Submitted by Companies to Other Legal Proceedings

The present study makes an attempt to make comparison between China and Pakistan with reference to Competition law. The research aims to find out that whether or not the evidences submitted by the companies during the course investigation can substantially be used in any other legal proceeding. As far as the methodology of this study is concerned, qualitative data analysis is used along with comparative legal method for analyzing “de lege lata” and “de lege ferenda” situation in scope of the solved topic. The study finds out that competition in Pakistan works same as China’s AML since both forbids actions that play their negative role in reducing the competition like market dominance in the market. Therefore, the act encourages agreements that confine and restrict market dominance. Furthermore, methods and policies are stated by the law with reference to review of enquiries, acquisitions, mergers, penalties’ imposition, leniency’s grant along with other aspects of law enforcement. The evidences submitted by the companies during the course investigation can substantially be used in any other legal proceeding. The study concluded while contending that, however, AML in China and competition Act in Pakistan has provided both countries substantive and sound law, but there is need of strong and effective institutional implement which can provide a base for the evidences submitted by the companies during the course investigation to be substantially used in any other legal proceeding. Compliance is promoted by leniency through competition law along with incentives to prohibited arrangements. Qualitative research methodology has been applied to the following article.

Should videoconference be elected over personal presence in criminal legal proceedings?

This article analyzes the conditions and legal ramifications of application of videoconference in various forms of criminal legal proceedings, highlighting practical issues emerging in arrangement of participation of parties in criminal proceedings via videoconference calls. As a product of digital technologies, videoconference is examined not only as a formal means of communication used by parties to a legal proceeding, but also as one of the means of exercising the right to a fair trial. The object of this research consists of communication and procedural relations arising between the parties to a legal proceeding with application videoconference. The subject of this research covers the entire complex of fairly recent norms for the Russian criminal procedural regulation governing application of videoconference on various stages of criminal proceedings on a case. The article contains practical recommendations by indicators that should be considered in determining optimal forms of participation in a criminal proceeding, as well as actions of parties that must be undertaken if during application of videoconference, the rights of the defendant are violated or the standards of fair trial are not being met. The article complies answers to the most topical questions on videoconference calls, taking into the consideration practical experience of the author, as well as relevant case law of the Russian courts and the European Court of Human Rights. The conclusion is made that application of videoconference is allowable in legal proceedings of the courts of first instance and courts of appeal in criminal cases heard in special order, cassation instance, supervisory instance, in execution of sentence, as well as within the framework of judicial control at pretrial stage in a criminal case, but only if procedural guarantees could be provided to all parties of the proceedings. In a trial by jury such technology is unacceptable.

Issues of Demarcation of Jurisdiction and Competence of Civil, Arbitration and Administrative Cases

This article is devoted to analysis the norms of civil, arbitration and administrative procedural legislation, that are regulated the order of determination jurisdiction the civil, arbitration and administrative cases and proceeding to consideration of the case in accordance to the rules of civil and administrative jurisdiction as well. In particular the author considers the problems of distinction the type of legal proceeding in different stages of process depending on the possibility of distinction the related requirements. In the article there’s provided a comparative legal analysis the norms of GPK RF, APK RF and KAS RF based on the application of the law’s analogy rule. In the end the author draws conclusions about contradictory character amendments, contained in FZ № 451 and necessity of their broad interpretation in every situation.

REGARDING DISPUTE AND ARBITRATION

It shall be necessarily acknowledged that a dispute is usually originated from such a situation in which a party feels harmed by the other party. Unsatisfied expression shall come out if there is any conflict of interest. In respect of which, people shall have such a certain way to settle a conflict or dispute itself, in which the process of dispute settlement engaged herein may be taken through both formal and informal approaches. In relation to which, Arbitration Agency may receive a request raised by the parties in such an agreement and give a binding opinion regarding the matters pertaining to the aforementioned agreement, for instance, if there is any interpretation of any unclear provision; there is any addition or variation in the provision with respect to the existence of any new circumstance. Accordingly, the issuance of opinion by arbitration agency shall cause the both parties bound to it, if a party’s action is in violation to the aforesaid opinion, it shall be deemed to breach the agreement, and against the aforesaid binding opinion, any legal remedy or protest whatsoever may not be filed either in the form of legal proceeding of Appeal or Cassation.

Diskursus antara Kedudukan Delik Pencucian Uang sebagai Independent Crime dengan sebagai Follow Up Crime Pasca Putusan MK Nomor 90/PUU-XIII/2015

Sebagai tindak pidana lanjutan (follow up crime), kedudukan tindak pidana pencucian uang dilihat berdasarkan terjadinya tindak pidana tersebut secara faktual. Akan tetapi, jika cara memandang Tindak Pidana Pencucian Uang sebagai follow up crime seperti itu dipertahankan dalam hal pembuktian, maka riskan untuk membuat tidak efektifnya pembuktian terhadap Tindak Pidana Pencucian Uang dalam keadaan-keadaan tertentu, utamanya dalam hal materiele dader tindak pidana asal tersebut sedang berstatus DPO. Oleh sebab itu, dimunculkanlah sebuah ide yang pada pokoknya menghendaki agar dalam keadaan demikian, masih dimungkinkan untuk dibuktikan tindak pidana pencucian uangnya. Konsep itu disebut dengan istilah independent crime, yang melihat kedudukan TPPU dari perspektif unsur esensial dari delik pencucian uang, dan dari perspektif pembuktian tindak pidana pencucian uang itu sendiri. Dan hal tersebut juga tidak menyalahi apa yang tertuang dalam Putusan Mahkamah Konstitusi No 90/PUU-XIII/2015, sebagaimana dalam ratio decidendi putusan tersebut Mahkamah menyatakan bahwa frasa "tidak wajib dibuktikan terlebih dahulu" bukan berarti tidak perlu dibuktikan sama sekali tindak pidana asalnya, namun TPPU tidak perlu menunggu lama sampai perkara pidana asalnya diputus atau telah memperoleh kekuatan hukum tetap.As a follow up crime, money laundering offences are seen factually based on the offences done. However, if this perspective about money laundering as a follow up crime is maintained in the trial process perspective, it would be very risky of making the Money Laundering’s proofs in the court. Some may become ineffective in certain circumstances, especially in term of the materiele dader of predicate offences have declared as a fugitive. For that reason, an idea is created which in essence allow to, in such circumstances, prove his/her money laundering offences. This concept is recognized as the concept of “independent crime”, which sees the crime of money laundering from the essential element of money laundering offense, and from the proofing perspective of the money laundering itself. This is also in line with the decision of the Constitutional Court number 90/PUU-XII/2015, where in the ratio decidendi of the decision, the Constitutional Court declared that the phrase “not obligated to be proven first” does not mean that there is no obligation at all to prove the original offense, instead it means that for it to continue its legal proceeding, but that does not have to wait for the original offense to be sentenced or has received permanent legal force.

Рroblem aspects of individual, ordinary proceedings and in-council consideration of the case in terms of civil procedural legislation of Ukraine

In the order of the civil legal proceeding taken shipping from the civil, housings, domestic, labour relations landed,, and also from other legal relationships, exept for the cases when consideration of so goes the world is conducted after the rules of other court. Matters of obednuyut'sya in certain categories, that influences on the judicial specific of the legal proceeding. The article is devoted the problem aspects of separate, order realization and extra-mural consideration of business within the limits of civil judicial legislation of Ukraine. In the article the compressed description is given each of realizations, it is indicated on terms at which taken shipping in each of types of realizations, namely to separate, order, and zaochnomu. Each of the selected types of realization has inherent only this type of feature of their consideration in a court. Therefore description of realization in the civil rule-making pulls the special order (procedure) of consideration of separate categories of legal businesses; well-regulated the norms of civil judicial law order of realization in civil cases, that is determined by the system of взаємопов'язаних civil judicial laws and duties and civil judicial actions they will be realized that by subjects - court and participants of process; character determines and by the specific of material right or охоронюваного law of interest, that is subject to defence; judicial order of violation, consideration, decision of certain group of civil cases. From December, 15, 2017 changes inured in a Civilly-judicial code, and essentially a civil judicial law is expounded in a new release, here him substantially and it is radically changed. From this time courts apply new judicial norms. Thus, there is founding preliminary to analyse the next types of realizations. In accordance with a Civilly-judicial code by the tasks of civil is guard of rights and legal interests physical, legal entities, states by all-round just, timely consideration and dispatch of civil civil businesses in complete and by a current legislation. Legislation about the civil rule-making вс order of consideration of the civil cases incorporated after signs in three types of realizations lawsuit; separate; order.