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2021 ◽  
pp. 99-106
Author(s):  
V. V. Levin

The article analyzes the features of the process of constitutional proceedings, as one of the subtypes of legal proceedings in the Russian Federation, in addition, the comparative features of constitutional proceedings with the peculiarities of proceedings in civil, criminal and administrative cases are considered and a comparative characteristic of these processes is carried out.


2021 ◽  
Vol 17 (2) ◽  
pp. 14-21
Author(s):  
A. V. Makutchev

The article is devoted to the analysis of the provisions of one of the most important sources of early medieval European law, but little studied in Russian historiography – Ripuarian Law, namely, aspects of judicial proceedings. The aim of the study was to identify both the general features of the judicial process that were perceived by the Ripuarian Franks from the legislation of the Salic Franks, in particular, the Salic Law, and the features that reflect aspects of the socio-economic development of Ripuaria. In the course of the study, firstly, the provisions of the Ripuarian Law were identified, which correspond to the existing ideas about the legal proceedings of the Franks – about the procedure for summoning to court, about the types of evidence, etc.; Secondly, in accordance with the purpose of the study, deviations from the practice of legal proceedings adopted by the Salic Franks were identified, which are characteristic of the Ripuarian Franks and are subject to study in conjunction with them (in particular, a certain simplification of judicial procedures, attention to certain types of evidence, etc.).


Author(s):  
S. I. Gridin

The article deals with the issues of administrative proceedings in Roman law. Its beginning was laid in the 5th century BC by the laws of ХII tables. They briefly deal with the issues of legal proceedings, which at that time was called court agreement. Free citizens gathered at the forum (city square), where the plaintiff presented claims to the defendant. In Roman law, the rule was established to make claims through claims, which the magistrate (praetor) had to support. The judges were elected by the people. Gradually, the praetors changed the formulas of claims, which contributed to the development of Roman law. Often they proceeded not from the law, but from the circumstances of the case, therefore they could instruct the judge to consider the case “in good faith.” Gradually, various forms of claims were formed, which contributed to the improvement of administrative proceedings. In Roman law, many concepts were laid that have remained in modern legal proceedings. This is the election and turnover of judges, the necessary defense, the writ of execution and the persons who monitored their execution; jurisdiction; corruption; search procedure; jurisdiction; privilege; appeal against court decisions; requirement for witnesses; consideration of cases by the police; torts; limitation of actions; and some others. This makes the study of Roman justice relevant.


Obiter ◽  
2021 ◽  
Vol 31 (3) ◽  
Author(s):  
Andra le Roux-Kemp

During the course of legal proceedings, evidentiary material is analyzed and evaluated in order to make a final judgement whether the responsible party has discharged the onus of proof. The existence of a standard of proof against which the presiding officer can measure the evidence submitted consequently plays a pivotal role. This standard of proof (bewysmaatstaf) represents the standard of guilt in legal science and has also been described as a standard of conviction. The standard of proof does not pertain to the inherent qualities of evidentiary material, but rather to the degrees of conviction of the presiding officer in a particular case. The function of thestandard of proof is furthermore to provide presiding officers with a guideline/yardstick to measure the degree of conviction that the general public believe the presiding officer should have over the correctness of all the factual conclusions in the particular proceedings. In this article, the standard of proof in law will be discussed from a comparative point of view; different standards of proof from different jurisdictions will be considered and juxtaposed against similar standards used in the natural sciences.


Author(s):  
Lauren Meaux ◽  
Jennifer Cox ◽  
John F. Edens ◽  
David DeMatteo ◽  
Alexandra Martinez ◽  
...  

2021 ◽  
Vol 02 (08) ◽  
pp. 10-18
Author(s):  
Nadira Makhkamova ◽  

This article highlights the changes that took place in the state of the Muslim clergy of the Central Asian region after its conquest by the Russian Empire, and also attempts to determine whether its influence on the local population remains as strong as in previous periods. The author of the article concludes that Islam in colonial Turkestan continued to remain an influential force in Muslim society, and the influence of the Muslim clergy was equally comprehensive, despite certain changes that took place in the system of Muslim education and legal proceedings.


2021 ◽  
Vol 11 (3) ◽  
pp. 212-223
Author(s):  
R.R. DOLOTIN

The search for an optimal balance between the result of legal proceedings and the way to achieve it is currently one of the most important areas of development of procedural legislation. In this regard, there is a need to use not only the general procedure for the consideration and resolution of cases, but also a special one, which contributes to the rational simplification and acceleration of procedures. In this sense, the study of the procedural form used in the claim and simplified proceedings is of particular value. The author comes to the conclusion that in simplified proceedings, a truncated procedural form is used, which is characterized by such manifestations of procedural economy as the absence of a preliminary meeting, summoning the parties to a court session, the prohibition of the court’s examination of evidence provided in violation of deadlines, making a decision without a reasoned part, etc. It is noted that the effectiveness of arbitration proceedings should not be achieved by violating the fundamental principles of civil proceedings. In conclusion, the author concludes that the procedural form should be defined as a system of scientifically grounded, normatively defined conditions of effective and correct resolution of civil cases, determined by legal relations to be protected.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
K.L. Wasantha Perera ◽  
Roshan Ajward ◽  
Sisira Dharmasri Jayasekara

Purpose The purpose of this paper is to discuss the possible money laundering threats in fair value accounting practices giving particular attention to the list of predicate offences under recommendations of Financial Action Task Force (FATF). Design/methodology/approach This paper discusses case studies related to global accounting scandals and link outcomes of those scandals with the list of predicate offences given in FATF recommendations to build propositions. Findings The analysis reveals that legal proceedings on major accounting scandals show that legal proceedings have been restricted owing to a lack of evidence because of the technicality of frauds. Often the authorities have failed to prove cases under the list of current predicate offences which can be linked to accounting malpractices, i.e. fraud. Therefore, policymakers are required to revisit the list of predicate offences and the feasibility of considering accounting malpractices as a predicate offence to strengthen the corporate governance practices in regulated institutions. The adoption of fair value accounting practices provides opportunities to managers to adopt earnings management practices under a fair value accounting regime to maintain stable performance. The fair value practice recognizes unrealized gains which are not based on transactions giving bank managers an opportunity to repeat the outcomes of the discussed accounting scandals. Therefore, it is essential to criminalize accounting malpractices to strengthen the corporate governance practices in the banking industry and prevent possible accounting scandals. Research limitations/implications This study was designed to discuss the implications of fair value accounting practices on possible opportunities of money laundering. This paper provides only a viewpoint based on the analysis. Therefore, an empirical analysis is required to establish the authors’ views in a fair value accounting regime. Originality/value This paper is an original work done by the authors which discuss the implications of fair value accounting practices on possible money laundering. The views are original ideas of the authors in this context.


Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 141-151

The role of mediation as mechanism for the amicable settlement of disputes is growing in the modern legal sector. Mediation is an alternative dispute resolution mechanism in modern law, and the Committee of Ministers of the Council of Europe recommended to use it in administrative disputes in 2001*. Mediation as the alternative dispute resolution mechanism is actively applied in civil disputes in Georgian legal sector, although it has not gained popularity in administrative disputes. Overwhelmed courts with administrative disputes and delayed justice once again underscores the need for reform, which may consider development of a new program to establish new mechanisms in administrative disputes and popularize application of new mechanisms. The use of mediation as an alternative dispute resolution mechanism in administrative-legal proceedings may have prospects, given its growing popularity in civil disputes and the methodology for resolving disputes amicably, although this requires judicial/legislative readiness. The goal of the study is to consider the perspective and possibility of using mediation in administrative disputes in order to demonstrate the need to use mediation as a mechanism.


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