THE PUSH FOR THE DIGITALIZATION OF THE COURTS IN THE INDIAN CONSTITUTION, IN THE WAKE OF COVID 19 AND ITS SOCIAL IMPACT

According to Salmond ‘Law may be defined as the body of principles Recognized and applied by the state in the administration of justice. We cannot Imagine our life without the law as it also governs the human conduct in day to day life, In a young democracy like that of democracy the Importance of Judiciary is Magnified, although it has its flaws, the Indian judiciary, especially the higher judiciary, has come through for the citizens more often than not, Things changed when the pandemic that struck the world in 2019 made its presence in India as well. It brought the life to standstill, like everything and everyone the judiciary was also affected by the deadly virus too, there was delay in justice, when the most foundational mandate of an institution is not being fulfilled, and its credibility will be called into question. On the other hand the Pandemic has blessed the judiciary in many ways, Indian judiciary has always lacked behind when it came to digital access, and digitalization was limited only to those people who wanted to access individual cases. The court proceedings were still based on old aged approach, however like it forced everyone hand to embrace a new way of living , the Pandemic forced the Indian judiciary to come out of its shell.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

COUNTERACTING MOBBING IN THE PROBATION SERVICE

This article discusses the issues related to the possible causes of mobbing in the professional group of probation officers and the issues of tasks and activities of the probation officer employer in situations related to the phenomenon of mobbing in the probation officer service. Due to the special position of probation in the administration of justice, the author focuses on the tasks of presidents of regional and district courts aimed at counteracting the phenomenon of mobbing. It refers to activities that seem advisable in the event of the initiation of appropriate proceedings and remedial actions in the event of confirmation of mobbing. The issue of mobbing in the probation service has not been covered by a broader analysis so far. The aim of this study was to indicate the tasks incumbent on the presidents of courts as persons performing the tasks of the employer towards the probation officer, related to counteracting the phenomenon of mobbing. It cannot be ruled out that the variety and specificity of tasks entrusted to probation officers, the nature of these tasks and the structure of the location of this group in the structure of the judiciary may cause doubts as to the implementation of tasks related to counteracting mobbing.

ARBITRATION JUDICIARY – NEW QUALITY OF DISPUTE RESOLUTION

Arbitration judiciary, often referred to as arbitration, is commonly presented in the literature as one of the alternative methods of dispute resolution. The objections to the irregularities of the judicial state system and legitimate expectations in terms of reducing the time and costs of the proceedings guarantee the parties real access to court and protection of their rights by drawing up an arbitration clause. As part of the mutual relations of arbitration with respect to alternative dispute resolution methods, it should be emphasized that arbitration is a real alternative to the state justice administered by the common courts. It is also worth pointing to the possibilities and the need for disputes resolution by arbitration constituting as an important addition to the course of justice made by courts. The consistent intention to resolve the conflict reflected in the arbitration agreement and the exceptional opportunities for the parties to participate in the arbitration proceedings constitute a new content of the culture and legal awareness of citizens and the creation of modern mutual relations between the parties of broadly understood civil law relations. An arbitration clause, the implementation of arbitration proceedings and the resolution of a dispute within the framework of arbitration may and should therefore constitute a new quality in the administration of justice.

Niezależność sądu oraz niezawisłość sędziowska w sprawach karnych w okresie rządów autorytarnych i totalitarnych w Polsce

At present, there is no doubt that a need exists to ensure the citizens’ right to have a criminal case examined by an independent and unbiased court. For the proper functioning of the court-based administration of justice to be possible, the courts must have the attribute of independence and the judges must be autonomous. These issues are regulated in international treaties to which Poland is a party. The aim of this study is to describe the role of judiciary independence and judicial autonomy in criminal cases. In order to achieve these goals, considerations will be presented on the essence of such independence and autonomy, and a reference will be made to the way the authoritarian state functioned after the May coup in the Second Polish Republic, and the totalitarian state during the era of the Polish People’s Republic.

The Concept of “Judicial Doctrine” in Russian Jurisprudence (General Notes)

The paper aims to address the totality of individual terms based on the generic concept of “doctrine”: “legal doctrine”, “scientific doctrine”, “judicial doctrine” the way they are interpreted in modern Russian legal science. Substantially and conceptually, the work anticipates an approach to another subject that is an integral part of the Russian judicial doctrine and the process of its formation, namely the application of the principles and norms of international law in the administration of justice. The paper focuses on some ambiguous interpretations of the understanding of the phenomena that are combined with each other due to the interweaving of the above concepts found in modern domestic and foreign literature, sometimes mixing their external and internal sides, proposed corresponding original solutions or paradoxical qualifications. Two extremes are emphasized in the course of revealing the essence of the analyzed concepts: either an almost arbitrary — mechanical — connection of all the elements present in one case or another into a kind of artificial “complex”, or a declination in favor of only one component as a central (or supporting) component while ignoring the others. Analyzing the legal doctrine as a concept the author differentiates between a category of science and judicial doctrine, and assumes that it is worth avoiding hyperbolization of differentiation between them. On the other hand, it would be fruitless to draw direct lines of their influence on each other. At the same time, when using the term “judicial doctrine”, it is impossible to abstract from the concept of “doctrine” in the general scientific sense. Their mutual intersection with each other, “penetration” into each other are objective. Formulating the conclusions on the problems of the concepts of legal, scientific and judicial doctrine, the author advocates greater caution in making proposals and, at the same time, greater criticism in assessing the already existing conclusions of legal theorists and practitioners.

Protecting the Freedom of Corporate Commercial Expression and Advertising

The European Court of Human Rights (ECHR) has consistently recognized corporationsas entities falling within the scope of protection of the European Convention on Human Rights.The ECHR’s perception of corporations as “beneficiaries” of human rights is subject to criticism forconceptual incompatibility (human rights can only apply to people) and accusations that as long ascompanies refuse to commit to human rights, they should not be able to benefit from their protection).There is a discussion in the scientific literature about the philosophical and legal rationale forgranting corporations human rights. It is clear that human rights are for man. Therefore, they needa philosophical understanding and theoretical substantiation of the issue of extrapolation of humanrights protection to corporations; because corporations have a certain impact on the economic andsocial life of people, people in this context are the weaker sides. What are the consequences?This article will consider the European Court of Human Rights’ approaches to protecting corporationsfor freedom of expression and advertising under Article 10 of the Convention on Human Rights.The main principles of protection of freedom of corporate expression and advertising are: 1) thecorporation has the right not only to protect freedom of expression and advertising, which appliesnot only to “information” or “ideas” that are favorably (positively) perceived by society, but alsothose that are considered offensive or shocking. Such are the demands of pluralism, tolerance andbroad-mindedness, without which there is no “democratic society;” 2) the protection of freedomof expression of corporations is subject to exceptions, which, however, must be interpreted strictly,and the need for any restrictions must be sufficiently convincing; 3) exceptions to the protectionof freedom of expression presuppose the existence of an “urgent social need” which determineswhether a “restriction” is compatible with freedom of expression, which is protected by Article 10 ofthe ECHR; 4) The task of the European Court of Human Rights in the administration of justice is todetermine whether the restrictions were “proportionate to the legitimate aim pursued” and whetherthe grounds given by the national authorities to justify them were “relevant and sufficient.” In doingso, the Court must satisfy itself that the domestic authorities applied standards which complied withthe principles enshrined in Article 10 of the Convention and, in addition, relied on an acceptableassessment of the relevant facts.According to the author, the criteria developed by the ECHR for assessing the protection of theright to freedom of corporate commercial expression and advertising are fair and effective. Given thefact that the European Convention on Human Rights is a living mechanism that should be interpretedin the “light” of modern conditions, the emergence of new improved approaches to determiningthe extent and existence of violations in this area should not be ruled out. It is true that in today’smarketplace, corporations have the right to defend their rights, including freedom of expression andadvertising, and to protect themselves, for example, from unfair competition, when a corporationis “attacked” by unfair accusations or baseless accusations that damage its business reputation. Inaddition, corporations must also respect and respect human rights. According to the author, thecreation of a truly effective mechanism for monitoring the observance of human rights by corporations can balance the weights of “opponents” and “supporters” of recognizing the right of corporations toprotection by referring to the principles of the European Convention on Human Rights.

The Courtroom as an Arena of Ideological and Political Confrontation: The Chicago Eight Conspiracy Trial

Normative theories of law conceive the courtroom as a geometrically delineated, politically neutral, and linguistically transparent space designed for a fair and orderly administration of justice. The trial, the most legalistic of all legal acts, is widely regarded as a site of truth and justice elevated above and beyond the expediency of ideology and politics. These conceptions are further underpinned by certain normative understandings of sovereignty, the subject, and politics where sovereignty is conceived as self-instituting and self-limiting; the subject is understood as an autonomous and rational being capable of self-consciousness and self-representation; and politics is posited as the exercise of reason in the public sphere. In this article, I argue that such a normative conceptualization of the criminal trial and the courtroom not only ignores structures of power and privilege that produce inequalities but also forecloses possibilities for transformative judicial praxis. Drawing on the 1969–1970 trial of eight radical activists accused of conspiring to incite a riot at the 1968 Democratic National Convention in Chicago, the article argues for a performative re-conceptualization of sovereignty, the subject, and the law as indeterminate, unpredictable, and open-ended discursive formations. The article demonstrates how the accused, working with and against legal doctrines, norms, and discourses, rethought normative conceptions of sovereignty, law, and subjectivity as contingent power-knowledge constellations that are open, unpredictable, and un-closable.

De werkrechtersraad van beroep van Gent

In Belgium, the administration of justice with regard to labour law is in the hands of specialised courts, staffed by a combination of professional and lay judges. This has historical roots. An important step in the evolution of these courts is the establishment of the ‘werkrechtersraden van beroep’ (‘conseils de prud’hommes d’appel’). From their creation in 1913 until their reform in 1967, these councils were the highest authority in Belgium to settle disputes on the work floor and consequently the highest interpreter of labour legislation. The institution constantly balanced on the remarkable interface between law and labour. In this contribution, a fact check is carried out to see how this balance worked in practice. An exceptional episode are the periods in which this system was placed under tension. Therefore, this contribution pays special attention to the case law pronounced by the werkrechtersraad van beroep of Ghent in the crisis-ridden period 1935-1950.