How to avoid medical errors, how to respond and relate to them: a review of the scientific monograph «Defects in the provision of medical care»

Currently, the number of judicial proceedings on real and alleged offenses and disputes in area of provision of medical care has been exponentially increased. Some of such proceedings become publicly disclosed, but many more of them remain unnoted in mass media and civilian society as a whole. Increasing number of medical doctors has been accused of criminal offenses, being more often sentenced to real terms of imprisonment, showing a clear tendency to increase gravity of responsibility applied to medical doctors. This publication represents a peer-reviewed response of paramount importance to the book by A.A. Ponkina and I.V. Ponkin «Defects in the provision of medical care» raising ontological, value and technical issues for negative outcome of medical care – by the fault or in the absence of the fault of the doctor. The book puts the scientific basis beneath changes so much awaited by the Russian public health in relation to medical doctors, their social importance, objective limitlessness of their opportunities and capabilities in curing sick people and saving their lives.

Penulisan Penghakiman Menurut Perspektif Fiqh Al-Qaḍā’dan Aplikasi Mahkamah Syariah Di Malaysia

Islamic management strongly emphasizes the method of writing such as the writing of wills, debts, agreements and judgments. Judgment writing is an important aspect of the justice process. The writing of judgments is emphasized by the majority of fuqaha’ to ensure transparency in judicial proceedings. The purpose of writing this article to view at the approach outlined by Fiqh al-Qaḍā regarding the writing of judgments and applications of Syariah Courts in Malaysia based on the provisions of laws and the application of Practice Direction in Syariah Courts. The writing of this manuscript has revealed that Islamic scholars have outlined the concepts of al-Sijjilāt, al-Maḥaḍar and Kitāb al-Qaḍī ilā al-Qaḍī as a process of judicial writing. Notes of proceedings and records of cases in respect of judgments are kept for the purpose of appeal and execution of judgments. This matter is also applied in the Syariah Courts in Malaysia through the approach outlined by the laws and the practice directions of the Syariah Courts. The implementation of judgment writing by Syariah Judges in Malaysia has been transformed through the e-Bicara application of the e-Syariah system and it is in line with the Fiqh al-Qaḍā ’approach.

Legal policy and its effectiveness in the field of certain types of judicial proceedings

This scientific publication examines the problems associated with modern Russian legal policy and its effectiveness. In particular, the issues of both general theoretical legal nature and sectoral significance are analyzed, namely, the implementation of legal policy in the field of constitutional, criminal, civil, arbitration, administrative proceedings, as well as proceedings in cases of administrative offenses, including in the aspect of recent constitutional amendments. For researchers, teachers, postgraduates, law students, practitioners, as well as for anyone interested in modern problems of legal policy and its sectoral manifestations.

Online Courts: Bridging the Gap Between Access and Justice

This article analyses the introduction of online court proceedings through the prism of access to justice. It distinguishes between the two major recent developments in terms of justice and court accessibility – ie the institutionalisation of alternative dispute resolution mechanisms and the expansion of online dispute resolution within public courts. Whilst both movements appear to be driven by similar theoretical forces, the practical adoption of fully online judicial proceedings constitutes a step towards a different direction, opening up new opportunities for attenuating the apparently intrinsic efficiency-fairness trade-off. Due to the unique features of digital technology, the emergence of state-provided online courts and tribunals for the resolution of minor civil disputes could significantly improve the efficiency of formal adversarial litigation processes, without the risk of sacrificing proper procedural protections. Overall, this article advocates that the balanced combination offered by online court systems, albeit not a panacea, may be translated into a potential enhancement of both ‘access’ and ‘justice’.

Technology, the Global Economy and other New Challenges for Civil Justice

This is a fresh and stimulating book on new challenges for civil justice. It brings together leading experts from across the world to discuss relevant topics of civil justice from regional, cross-border, international and comparative perspectives. <i>Inter alia</i>, this book will focus on multinational rules and systems of dispute resolution in the era of a global economy, while also exploring accountability and transparency in the course of civil justice. Transnational cooperation in cross-border insolvency, regionalism in the process of recognition and enforcement of foreign titles, and the application of electronic technologies in judicial proceedings, including new types of evidence also play a major role. <br><br><i>Technology, the Global Economy and other New Challenges for Civil Justice</i> is a compact and accessible overview of new developments in the field from across the world and written for those with an interest in civil justice.

EU cooperation could help Croatia reduce corruption

Significance The European Public Prosecutor’s Office (EPPO) has unblocked the long-stalled Zalac case. This shows the impact of the new institution on the fight against organised crime and corruption at the highest levels in the EU and Croatia. However, other high-profile cases are unresolved. Impacts Trust in the judiciary, traditionally very low, will not grow soon, but could improve in the long run with help from the EPPO. Populist parties are trying to use palpable public anger against elites, focusing on a referendum to end COVID-19 restrictions. With trust in institutions low, vaccine scepticism will remain high and Croatia will remain an EU laggard for its vaccination rate. The excessive length of judicial proceedings is a recurrent problem vexing investors.

‘In the hope to have judged a good sentence as merchants’

Summary Arbitration is a form of conflict resolution that was popular in commercial disputes in medieval times. Its informal nature and ability to mediate the shortcomings of the formal courts have made it the supreme example of merchants solving their own disputes. However, there has been relatively little inquiry into its actual practice. This article investigates the functions and practice of arbitration in medieval Bruges, where arbitration was frequently used as a form of conflict resolution. This was not because merchants preferred extra-judicial proceedings, but because arbitration was a necessary procedure to deal with the shortcomings of the judicial framework of the aldermen of Bruges. Arbitration was exercised as a specific consequence of the context in which Bruges found itself in the second half of the fifteenth century. This context, however, also undermined the procedure. The ambivalent attitude of the Bruges aldermen towards arbitration and its impossibility to appeal allowed some undertaking merchants to use the procedure to their own benefit, and not necessarily to the benefit of commerce.

Online reconciliation as a means of improving the access to justice

The subject of this research is the problem of improving the effectiveness of conciliation procedures, their relevance to the citizens, and increasing the role and importance of the forms of pacific settlement of the dispute within the Russian system of justice in the conditions of digitalization of judicial activity. The goal of this article is to prove online reconciliation as a method for improving access to justice, as well as substantiate the integrated model of reconciliation in judicial activity using digital services and platforms. Leaning on the works of the Russian and foreign researchers (V. M. Zhuykov, S. K. Zagaynova, V. V. Yarkov, and others), the conclusion is made that the institution of reconciliation, including mediation, is historically built around the judicial system. Hindsight analysis of the judicial and non-judicial forms of dispute settlement indicates their coherent development. The implementation of the digital platform &ldquo;Justice Online&rdquo; in judicial activity allows improving citizens&rsquo; access to dispute resolution in or without judicial proceedings using pacific means. In the current context, reconciliation is viewed within the structure of judicial activity and consists in implementation of reconciliation procedures, including online reconciliation, in the courthouse or with the involvement of court, or via digital judicial platforms. The application of comparative legal analysis substantiates the integrated mod el of reconciliation, which has the following characteristics: access to mediation services in the courthouse; granting authorities to the court staff for elucidation of the possible methods of dispute settlement; accretion of power of reconciliation judges; integration of technological services of online reconciliation with the digital judicial platform; merger between the website of the court and the websites of mediation organizations.