legal procedures
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Author(s):  
M.N. Tarsheva

Legal procedures in a state governed by the rule of law are a kind of guarantor of legality and protection of citizens' rights, and therefore issues related to the development and improvement of the procedural mechanism are among the top priorities. The procedural mechanism is the most important structural element of the legal regulation system, which includes entire procedural branches. The article substantiates the need to develop and legislate procedures within which actions can be carried out to reconcile and make amends for harm, compensation for damage or otherwise make amends for harm (since gaps and shortcomings in the legislation associated with the lack of procedural mechanisms do not allow to fully realize the human rights potential of Articles 25, 25.1, 28 Part 1, 28.1 of the Criminal Procedure Code of the Russian Federation), as well as the need to classify these procedures (which has not been previously carried out). The author proposes to divide such procedures into conciliatory and restorative ones. The author's definitions of conciliation and restorative procedures in pre-trial proceedings are given.


2021 ◽  
Vol 133 (4) ◽  
pp. 442-455
Author(s):  
Viktor Ber

Abstract This article argues for the importance of the purging formula in Judg 20:13. In the Deuteronomic Code, this formula provides the motivation for capital punishment in two areas relevant to the Judges narrative: first, apostasy and incitement to it, and, second, the perversion of Deuteronomic legal procedures. This study argues that both motifs are present in and important to Judges’ rendering of the Sodom-like outrage in Gibeah. The first is obvious. With regard to the second, the article argues that the Israelites err in their investigation of the case, and therefore their decisions and subsequent action lead to more violence and confusion. It is further argued that the triple oracular inquiry of YHWH in Judg 20:18–28 is presented as an inadequate substitute for proper forensic adjudication; it therefore does not lead to the establishment of order and justice.


Author(s):  
I.A. Shynchukovskyi ◽  
O.G. Tereshchuk ◽  
A.V. Artemchuk ◽  
O.Yu. Golubchenko ◽  
T.A. Fedorenko

At present, the issues concerning violations of human and civil rights and freedoms are in the focus of legislation globally. Those issues are also relevant in the field of healthcare. Patient-centred approach, patience, understanding of the situation and knowing the laws often help healthcare professionals to avoid conflicts, lawsuits and legal procedures. Dental services have been found out among the most controversial issues of healthcare services. Every year the number of complaints related to the performance of diagnostic and treatment by dentist is constantly growing. The main causes for such lawsuits usually include wrong or incorrect choice of dental treatment, incomplete informing patients about the state of their dental health, not fully developed treatment plan, incomplete or incorrect diagnostic examination or its complete absence both at the beginning and during dental treatment, incorrect choice of technique and failure to follow the sequence of diagnostic and treatment manipulations, especially in patients with malocclusions. Such circumstances cause difficulties in deciding how and in what sequence to perform diagnostic and treatment manipulations, what specialists should be involved in the treatment and what dental equipment should be used at different stages of diagnosis and treatment. The scrutinized investigation of the issues has provided an opportunity to prevent possible conflict situations with patients at different stages of diagnosis and treatment, as well as will help to resolve existing conflicts between doctor and patient. The correct patient-centred approach to solving each of the problems allows dentists to find the best conditions to prevent conflicts and legal procedures when rendering dental services. Selection of individual solution in order to resolve conflict situations is an important step in achieving harmony between doctor and patient.


2021 ◽  
pp. 103-108
Author(s):  
Marco Antonio Jiménez Sánchez
Keyword(s):  

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
د. عثمان سيد أحمد خليل

This research titeld:(The Role of Security Media In The Awareness and The Achievement of Community Participation in Security Preservation), suggests two curriculums for Security Media administrations to implement this role. The research aims at identifying the importance of Security Media in standing against cultural threats,intellectual invasion, and liquidation of entity (religious, creed, and original culture),also aims at  awarening how to avoid crimes, and how to follow up legal procedures to face crimes whenever it occurs.  The research concluded to many findings, the most important of which is: There is a feasibility to prepare theoretical and practical scientific curricula in the field of : The awareness to preserve security, and: The achievement of community participation in security preservation. Implementing these curricula through scholastic stages make it possible to arrange a complete generation who will bear responsibility in  achieving  community participation in security preservation. The study presented many Recommendations, the most important of which is: The awareness to preserve security, and: The achievement of community participation in security preservation, should be in the fore preference of security media programs. Framing the possibility enables security media bodies to make use of many educational institutions in delivering security media messages pertaining the awareness to preserve security, and the achievement of community participation in security preservation, to all community categories.  


2021 ◽  
Vol 45 (4) ◽  
pp. 271-286
Author(s):  
Miko M. Wilford ◽  
Kelly T. Sutherland ◽  
Joseph E. Gonzales ◽  
Misha Rabinovich

Author(s):  
Ilya Bykov

The purpose of the article is to study public communications in digital platforms of public administration in Russia. In recent years, there has been an intensive introduction of digital platforms into the practice of public administration, and communications within the platforms have become part of the national system of public communications. The object of research in this article will be public communications in two digital platforms in Russia: St. Petersburg and the Leningrad region. In the period from December 1, 2019 to November 1, 2020, we collected 10993 messages from the Our St. Petersburg platform and 3758 messages from the People's Expertise platform. The main research methods were the Text Mining method and qualitative analysis of messages. The results of the study of the platforms «Our St. Petersburg» and «People's Expertise» show that the practice of communication in them is very different from the ideals of public democratic communication. The most characteristic differences are the problematic nature of communications: citizens turn to authorities to solve problems most often in the field of housing and communal services. Public communications in the studied urban communication platforms are very different from communications in social networks in their limitations; platform affordances inhibit the spread of discussions. The most important epistemic authority in public communications is bureaucratic rules and appeals to legal procedures. When analyzing the procedure of political reasoning on digital platforms, some methods of manipulative presentation of information are revealed.


2021 ◽  
Vol 3 (2) ◽  
pp. 237-246
Author(s):  
Anny Yuserlina

The provision of legal assistance at the level of investigation in the law of criminal justice in Indonesia is expected to provide maximum protection of the rights of life of suspects, especially those of weak and poor origin in the form of legal aid since the early stages of examination of suspects, Legal aid is not only interpreted as the right of the suspect since the investigation stage, but also as an obligation that must be fulfilled by every law enforcement apparat, especially investigators before starting an examination of suspects. Protection of the human rights of suspects since the stage of investigation is at least expected to be one of the factors that minimize the possibility of arbitrariness by law enforcement apparat and the possibility of irregularities in the application of criminal procedural legal procedures therefore examination at the level of investigation is important to get justice minimizing violations that can occur at any level that includes intimidation at the time of drafting News Of Inspection event so that apparat law enforcement stick to apparat law enforcement code of conduct and human rights values.


2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Dinh Thi Hai Yen

The Criminal Procedure Code 2015 is defined as a fundamental and comprehensive amendment, including 510 articles, of which 176 new articles are added, 317 articles are amended, and 26 articles are annulled. The Code is created to meet the requirements of building and perfecting a socialist law-governed state of Vietnam and implementing the policy of judicial reform, meeting the practical requirements of the investigation, prosecution and adjudication and protect human rights. The article focuses on analyzing the new points of the Criminal Procedure Code 2015 on legal procedures for people under 18 years old. <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0854/a.php" alt="Hit counter" /></p>


2021 ◽  
Vol 5 (2) ◽  
pp. 170-184
Author(s):  
A. S. Koshel

The subject. The article examines the refraction of the doctrine of legal procedure in relation to the activities of parliament.The purpose of the article is to confirm or disprove hypothesis that parliamentary procedure is the kind of legal procedureThe methodology. The author uses formal legal interpretation of Russian legislative acts and decisions of Russian Constitutional Court and European Court of Human Rights as well as such general scientific methods as analysis, synthesis, systemic approachThe main results, scope of application. The author draws attention to the fact that at the present stage of the development of the theory of law, it can be stated that procedural social relations have developed in the parliamentary bureaucracy, which are not only regulated, but must also be regulated by procedural norms, which confirms the conclusions of the authors of a "broad" approach to the theory of legal process. However, there will be a window of opportunity for the supporters of the "narrow" approach in the parliamentary process. In accordance with the conclusions of the ECHR and the Constitutional Court of the Russian Federation, which have prerequisites even in the works of Montesquieu, the parliament, as a body with jurisdictional powers, must comply with the appropriate procedure in their implementation. Hence, the author deduces the tasks of further improving both the doctrine of parliamentary procedure and the need for clear and competent regulation of legal procedures in parliament, the ultimate goal of which is to observe and implement the rights, freedoms and constitutional guarantees of participants in the parliamentary process.Conclusions. The procedures governing the work of the Parliament and its organs are legal procedures in the broad sense of the term. This does not negate the understanding that the legal procedures of the parliament, corresponding to its quasi-judicial powers, has the nature of the jurisdictional process. This conclusion is consistently confirmed in the jurisprudence of the European Court of Human Rights and the Constitutional Court of the Russian Federation.


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