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Author(s):  
Krystina Shpak ◽  
Alexandra Gracheva ◽  
Olga Golovko

Problem setting.Today, society is developing rapidly, there is a process of globalization, the influence of information technology is growing significantly, which in some way complicates public relations and conflicts that need to be effectively resolved and resolved through justice. Raising this issue, in our opinion, we should first of all pay attention to such a problem as juvenile delinquency, because it is the rapid development of information technology has significantly affected the spread of this phenomenon. Thus, it should be emphasized that the state does not fully contribute to solving this problem, which just clearly illustrates the problem in the introduction of juvenile justice in Ukraine. The actualization of this issue is primarily due to the lack of understanding of the implementation of new changes in the protection of children’s rights in Ukraine. The state must understand that it has a responsibility to increase the responsibility of adults for the safety and lives of people. In turn, as already mentioned, low social protection of children creates crime among minors. And here there is another problem: the application of official justice, which involves primarily the application by the state to offenders of certain coercive measures, which is provided for in the sanctions of legal norms. In our opinion, this method of justice does not help to resolve the conflict between the victim and the accused. Because, in criminal proceedings, the main mediator of the accusation is the state, as a result of which the injured party receives double damage: both from the criminal offense itself and directly from justice, which has not solved the real problem in essence. In turn, the offender, through the application of appropriate means of state coercion, is not aware of his responsibility for the act committed by him. Thus, today there is a need for the introduction and application of restorative justice in juvenile cases. Since the restorative approach is aimed at restoring the socio-psychological condition of both participants in the process, as well as real compensation for the damage to the injured party. Target of research. Investigate juvenile justice in Ukraine, and the commission of criminal offenses by minors. Correlate the concepts of formal and restorative justice, as well as consider the need for restorative justice in Ukraine. Investigate national and international practices of juvenile justice, and implemented alternative programs for the application of restorative justice practices against juveniles in Ukraine. The object of this study is: juvenile justice, the commission of criminal offenses by minors, restorative justice in Ukraine, as well as the involvement of international practices in the application of restorative justice to minors. Analysis of reсent researches and publications. This issue was studied by the following scientists: G. Kostova, V. Zemlyanska, V. Lyska, V. Sidletska and others. Article’s main body. The article is devoted to the problem of introduction of restorative justice in juvenile cases in Ukraine. The authors studied the functioning of juvenile justice in Ukraine, as well as the implementation of state programs for the introduction of restorative practices, by reviewing the main provisions of national law and international practices. The author’s position and proposals for further reform of criminal justice for juveniles in Ukraine are formulated by introducing a restorative approach involving international practices. Norway is considered to be the first country to establish rehabilitation practices for minors. It is this leading country that has been based on the origins of mediation since 1970, but began on the basis of an experiment in the theft committed by a minor who was known in 1981. The case was a success, and in recent years almost 81 of Norway’s 345 municipalities have supported innovation – restorative justice, which has been expressed in a community decision in their area. And since 1991 it has become more accessible in 1991. Norwegian law enshrines this provision in the Municipal Mediation Councils Act, which was established in 1991, the 1992 Resolutions, the 1993 Circular, sections 71-72 of the 1998 Code of Criminal Procedure, and Part 2 include the right to the prosecutor in case of committing a non-public dangerous act without illegal consequences to transfer the offender to the mediation process. Conclusions and prospects for the development. Currently, the state and trends of juvenile delinquency, as shown by the analysis of judicial statistics, indicate the urgent need to organize consolidated and targeted actions of society and the state to prevent such crime, prevent its development and growth. Canada and Norway, we have established that they carry out executive activities for the restoration of justice, communication and restoration of justice, protection of fundamental human rights and freedoms, public relations. Also, these states are passing laws to get closer to the basics of restorative justice. Despite their imperfections, their direct component is the formation of the moral condition of both parties, ensuring their understanding of the crime, solving issues related to the moral condition of the victim, which is manifested in her conscious assessment of the situation, psychological rehabilitation in case of mental illness: panic attacks. , depression, which require quality treatment. Also, it is fundamental to report the guilt of a juvenile offender for his crime, the implementation of alternative measures of punishment: community service, a fine that would positively affect the further behavior of the offender. As practice shows, such an alternative in Ukraine would be a good attempt to minimize the level of crime among criminals also through advocacy in the form of lectures, seminars on offenses, as well as the adoption of alternative regulations in Ukraine, which would legally support mediation.


2021 ◽  
Vol 8 (2) ◽  
pp. 26-34
Author(s):  
Gabriela Nemțoi ◽  
Ciprian Gabriel Ungureanu

Tort liability consists in the obligation of the one who has committed an injury to indemnify the injured party. Tort liability is a legal operation which, according to the Civil Code, when an unlawful act causing damage is committed, the reverse means compensating the injured party. In the case of the environment, the one who harms is not always sanctioned, so in the case of this issue the legislator has developed a rather broad legislative framework. The common law has become applicable in the field of the environment based on the provisions of art. 135 para. (2) lit. e) of the Constitution, which stipulates that , which stipulates that , which stipulates that, the environment is an area that must have a legal protection so that the state maintains a permanent ecological balance. Rehabilitation of the environment is done by applying sanctions to those concerned. So the institution of tort liability is an instrument in the gear of environmental protection.


De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Mariya Danailova ◽  

Logorrhea (from Ancient Greek λόγος logos ‘word’ and ῥέω rheo ‘to flow’) is a communication disorder that causes excessive wordiness and repetitiveness which can lead to incoherence. The article justifies the assumption that, without legal guarantees, Article 301 of the Bulgarian Code of Administrative Procedure (CAP) could be a meaningless flow of words. When the administrative act is revoked after commencement of the enforcement, the administrative authority should restore the violated right within one month, or satisfy the injured party in another legal manner when this is possible. Insofar as there are no legal mechanisms to oblige the authority to perform its public duty, the person concerned is entitled only to compensation, which is not always an effective remedy. Based on the litigation, conclusions and recommendations are made for improving the restoration and compensation measures of Art. 301 of the CAP.


2021 ◽  
pp. 135-155
Author(s):  
DEJAN RADULOVIĆ ◽  
SARA ZARUBICA

In this paper, the authors investigate the needs and reasons for securing notaries when performing notary activities. The paper should investigate and answer, what is the interest of the state, notaries and parties, in connection with performing notarial activity, legal basis and manner of conducting professional liability insurance of notaries, determining the amount of the insured case, the occurrence of the insured case, comparative legal solutions rights. The paper deals with persons who are participants in insurance (insured, insurer, injured party and other persons covered by insurance), the concept and subject of insurance, in this case professional liability insurance, the risk it carries, protection of the injured party and protection of property.


2021 ◽  
Vol IX(258) (47) ◽  
pp. 27-31
Author(s):  
V. D. Sherstiuk

The article is devoted to the awarding of non-pecuniary damages in the European Court of Human Rights (ECHR) practice. The problem of research arises from the lack of criteria that the Court uses for calculating non-pecuniary damages which leads to unfair compensation for the injured party. The article examines ECHR cases and investigates how the Court has substantiated the precondition for a claim for compensation of non-pecuniary damage of a person. The grounds and circumstances which influence the amount of non-pecuniary damages are analyzed. The research proposes to define and introduce a list of criteria based on individual features of a person in recommendations on which ECHR should pay attention in non-pecuniary damages assessment to provide fair compensation to the victim which can help to create transparent mechanism for assessment in its practice


2021 ◽  
Vol 12 (1) ◽  
pp. 63-72
Author(s):  
Andrei Ivanov

The article is concerned with the dueling incidents with participation of Polish deputies of Imperial Duma which took place in 1906 and 1913. The author reconstructs the causes, further things happening and results of these clashes as well as evidences their coverage from Russian news media and perception by Russian public. Special attention is put to the conflict of deputies belonging to the Polish group in Imperial Duma with the future Prime Minister of the Provisional Government A.F. Kerensky. The author proves that although on a moral level the injured party was Polish deputies, their chosen modus operandi was unsuccessful, and in the minds of the liberal democratic part of the Russian society Kerensky came out victor.


Author(s):  
Veljko Ikanović

The author deals with the new position of the injured party in criminal proceedings, persons who may refuse to testify and exceptions from the direct presentation of evidence due to the unavailability of witnesses after the amendments to the Criminal Procedure Code of Republika Srpska from 2021. Starting from the current regulation of this matter, pointing to the solutions in the comparative legislation, the analysis of these changes indicates the consequences of such inconsistent and in some institutes unnecessary and erroneous standardization of this sensitive matter. Attention is drawn to the contradiction between the decision on the privileged witness and juvenile legislation, which is in line with the conventions protecting their position, and the European Convention for the Protection of Human Rights and Fundamental Freedoms. In that sense, the legislator is critically pointed out the shortcomings of certain solutions and suggests appropriate changes and additions in order to eliminate the problems that may arise during their practical application.


Author(s):  
Daniel Ślęzak ◽  
Marlena Robakowska ◽  
Przemysław Żuratyński ◽  
Joanna Synoweć ◽  
Katarzyna Pogorzelczyk ◽  
...  

Immediate resuscitation is required for any sudden cardiac arrest. To improve the survival of the patient, a device to be operated by witnesses of the event—automated external defibrillator (AED)—has been produced. The aim of this study is to analyze the way and correctness of use of automated external defibrillators placed in public spaces in Polish cities. The data analyzed (using Excel 2019 and R 3.5.3 software) are 120 cases of use of automated external defibrillators, placed in public spaces in the territory of Poland in 2008–2018. The predominant location of AED use is in public transportation facilities, and the injured party is the traveler. AED use in non-hospital settings is more common in male victims aged 50–60 years. Owners of AEDs inadequately provide information about their use. The documentation that forms the basis of the emergency medical services intervention needs to be refined. There is no mention of resuscitation performed by a witness of an event or of the use of an AED. In addition, Poland lacks the legal basis for maintaining a register of automated external defibrillators. There is a need to develop appropriate documents to determine the process of reporting by the owners of the use of AEDs in out-of-hospital conditions (OHCA).


Fenomena ◽  
2021 ◽  
Vol 20 (1) ◽  
pp. 129-144
Author(s):  
Alwi Musa Muzaiyin

Wedding Organizer is a service that provide services of organizing all the activities relating to the need in a marriage. This business appears because of the opportunities of modern life who want speed, convenience and practicality separately troubleshooting time deficiency urban communities. This research is motivated by the many people who use the wedding organizer to hold the wedding. Therefore, this study tried to see how the service system in UD.Santoso wedding organizer, is already in line with the Business Ethics Islam or not. From this background, the issues to be addressed is how the service system in UD.Santoso wedding organizer as well as whether the service system implemented by UD.Santoso it is in conformity with the Business Ethics Islam or not. The theory used in this study is one of them according to the "Sinambela" which explains what is meant by the service and also by "Napitupulu". Meanwhile, to collect data by interview and secondary data such as internet assistance and journals. The results of this study indicate that the service system which has been run by this UD.Santoso uses the principle of honest and open. This means that between the service provider and tenant services no shift that caused one of the injured party. On the other hand, in terms of Islamic Business Ethics, service system implemented by the UD.Santoso is in conformity with the principles of Islamic Business Ethics.


2021 ◽  
Vol 38 ◽  
Author(s):  
SONIA INOSTROZA-ADASME

The participation of the injured party in cases of tortious liability is fundamentally regulated in article 2330 of the Bello Code. This rule allows the reduction of the sentence if the tort, committed by the tortfeasor, has been joined by reckless participation of the injured party. In such interference, by act or omission, a desertion of its duty to discharge is supposed, the problem must be treated as a matter of fault in the measure that this implies the distribution of a part of the social risks linked to the activities of daily life. Currently, there is a large national doctrine that addresses the matter set forth. Consequently, adhering to it, we will analyse the decision of the court, contributing with critical and personal reasoning regarding this subject.


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