Judicial Procedure Of Divorce & Khula In Pakitan :An-Analytical Study

Family laws are an essence in settling on and resolving all issues in any country and in this regard tangling disputes between spouses and issues of divorce and Khula are brought forth the courts so that these matters and issues can be resolve and sort out neutrally and fairly. The court procedure has grave importance for the finest resolution of such sort of issues and cases. Sometime, the matters and cases , which are brought forth the courts , turn into the worst situation and become more complicated than before due to an inadequate and derisory procedure, Thus, judicial procedure related to the Divorce and Khula is an immense perceptive and a sensitive matter. Moreover, the amendments to the Muslim Family Laws of 2001 in actual were aimed at dealing familial cases and matters promptly, resolve all those familial cases which women have to confront, as well as to ensure the protection of their rights. Under the sub- Section 4 of section 10 of the family court Act, October, 2005, the people have been facilitated by reducing to bare bones the procedure of Divorce and Khula. According to the legal connoisseurs , the divorce rate has increased after these facilitating amendments and the situation is that the courts are sharing out the divorce degrees like sweetmeats. While sometime, under such law the grievance of the oppressed woman comes forth. In such familial cases, laws as well as the procedure of the court proceedings is also a very delicate issue in which the rate of the divorce and Khula can significantly be reduced by doing some effective changes and reforms. However, in this research paper , the analyses of the court procedure , regarding the issues of divorce and khula would be presented on.

Artificial intelligence in justice

The relevance of this study is condition upon the necessity of an in-depth investigation of the phenomenon of artificial intelligence, including its use in the judicial system of various legal states and its impact on the entire judicial system of the state. In this regard, the present paper aims to cover the main definitions of the concept of artificial intelligence, its origins, characteristics, grounds for application, as well as direct interaction and influence on the implementation of the main tasks of justice through the use and development of artificial intelligence in the judicial procedure. The leading method of this study is dialectical, although the authors also employ a combination of other different methods of scientific cognition. The dialectical method, which underlies the theoretical work and is directly listed as fundamental, allowed thoroughly analysing the nature of the concept of artificial intelligence, its key advantages and disadvantages, by analysing its use in the legal systems of the world's leading states. This paper investigates the emergence and transformation of artificial intelligence in modern technological and information relations, its gradual introduction in various spheres of life, namely the ways of implementation and the possibility of application in justice.

An Issue of Alternative Forms of Termination of a Public Dispute

Prospects for the introduction of the idea of reconciliation in public disputes are considered by analyzing the features of a substantive public relation, the specifics of a dispute arising in it, the possibility of its "settlement" or "resolution". The authors highlight the problems of determining the objective of ending the dispute, the order and alternative forms of implementation, the possibility of combining and transitioning from one order to another. It is concluded that the use of conciliation procedures in public disputes is possible both at the pre-trial and at the judicial stage. It is proposed to develop and create mechanisms that determine the main conditions for the introduction of conciliation procedures, which would be an alternative to the judicial procedure for resolving the dispute. The proposed amendments will reduce the judicial burden on the consideration and resolution of cases arising from administrative and other public legal relations. The authors analyze the forms of termination of a public dispute both from the position of its settlement on the terms agreed by the parties, and its alternative resolution, while maintaining a balance of private and public interests.

Recht als Gegenstand rhetorischer Grundlagenforschung

According to the self-image of lawyers, jurisprudence is a science: the premises in legal conclusions are truth-apt, as are the conclusions or judgements that follow from them, the cognition of true law is consequently regarded as their task. Against this background, a program that understands and analyzes law as the product of a rhetorical practice is confronted with fierce resistance. According to the research of analytical legal rhetoric, on the other hand, the evidence for a rhetorical imprint on law is overwhelming: starting with the logical status of legal inferences, to the peculiarities of judicial procedure, to the motivational situation of those involved in it, everywhere it becomes apparent that the image of strict truth-orientation inadequately describes the genesis of law. Following Aristotle, who assigned law to the field of phrónēsis and not to epistēmē, contemporary legal rhetoric research aims to draw a realistic picture of the genesis of law. Subdivided into the triad of logos, ethos, and pathos, it attempts to fully grasp the interrelationships involved. It becomes apparent that the rational or argumentative dimension is far from dominating in legal justifications. It is precisely at the neuralgic point, i.e., where arguments are opposed to each other, that the rhetor typically uses a rhetorical figure that links all levels of the triad: the restrictio.

CONSTITUTIONAL PRINCIPLES OF THE JUDICIAL PROCEDURE AND THE JUDICIAL SYSTEM DEVELOPMENT IN THE RUSSIAN FEDERATION

The article discusses contemporary problems of developing constitutional principles of improving judicial procedures in the Russian Federation and the influence of constitutional principles on judicial proceedings.

E-evidence and e-court in the context of the Covid-19 pandemic: A study from Ukraine

The possibility of using information technology in courts can be called a novelty and a progressive innovation in Ukraine. This is is an important factor in improving the efficiency of the openness and transparency of justice and simplifies judicial procedure, shortens court proceedings and procedural time limits, reduces operating costs, and saves time for all the participants of the process while cases are under consideration. Due to the rapid spread of COVID-19, rapid judicial reforms have taken place around the world to ensure access to justice in this new environment. Insufficient levels of information and technical support for the courts in Ukraine, the lack of a single format for data exchange between automated document management systems of various instances and specialisations, imperfect information protection systems, and insufficient regulation of the information legislation remain problematic issues in the functioning of e-justice systems, all of which require further study. Addressing these issues will help justice in Ukraine to reach a new level in the coming years. Since the e-justice system is aimed at optimising the work of courts through the informatisation of processes, and electronic means of proof are designed to ensure the rights of litigants to use electronic information, the interaction of the notion of electronic evidence with the e-justice system is quite possible. This interaction will increase the efficiency of the judiciary and the quality of justice. This article examines the development of information technology in the courts of Ukraine, including during the COVID-19 pandemic, analyses court decisions rendered in the context of the pandemic, and reflects on the real state of the judicial system in the adoption and examination of electronic evidence. It should be noted that the procedure for processing, submitting, and examining electronic evidence is currently not fully regulated, so the use of electronic evidence in litigation is not always effective. All of the above indicates the need to refine the current procedural codes in terms of introducing clear rules for the collection, execution, submission, and examination of electronic evidence.

Historical and Legal Context and Significance… of Selected Roman Public Law Institutions of the Early Principate Described in Canonical Gospels of the New Testament

The article analyses the issues in question by means of a method used in the legal sciences which in the Polish methodology is called “the historical and legal method.” It involves presentation and analysis of selected legal institutions and of their evolution in time. The following issues—identified across the pages of the Gospel—are analysed in this article: political and systemic context of evangelical events (section 1), the role of censuses in the implementation of Roman administrative and systemic principles (section 2), Roman tax law in the context of tax burdens resting on residents of Judea (section 3) and the Roman judicial procedure in the context of the trial of Jesus (section 4). In the summary the author answers the research question asked in the introduction: to what degree does the historical and legal significance of selected institutions of Roman law, inspired by the description of these institutions in canonical gospels of the New Testament, determine the contemporary understanding of the gospels themselves?

High anti-corruption court in the context of international standards of judicial procedure and administration of justice

The article is devoted to the study of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions on the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, formal-logical, comparative-legal and other methods. As a result of the study, the description of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions for the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts, is provided. It is noted that the rapid implementation of international standards in the national legislation and consistent application in law enforcement practice will help to restore the citizens' confidence in the judicial system, strengthen the authority of the judiciary, establish high criteria of competence, professional ethics and integrity, and effectively implement a specialized anti-corruption court in Ukraine.

Administrative-Procedural Form and Stages as Elements of the Characteristics of the Administrative Process

The subject of research in this paper is the administrative-procedural form and stages of the administrative process. The purpose of the study is to analyze the essential characteristics of the administrative-procedural form and stages. It is stated that the evolution of the administrative process and administrative-procedural legal relations entailed changes in the administrative-procedural form, which were influenced by changes in the political system and the system of public administration in the Russian Federation. It is concluded that the improvement of the administrative process and its form ensures compliance with both the interests of the state and society, as well as the rights and legitimate interests of citizens. Attention is drawn to the fact that one of the characteristic features of administrative-procedural legal relations that distinguish it from other types of procedural legal relations – arbitration, civil, criminal, constitutional, is the administrative-procedural form, which is characterized by out-of-court, pre-trial and judicial procedures of proceedings in an administrative case, due to the specifics and features of its subject. The author notes that the administrative-procedural form is an external expression of administrative-procedural activity, and the stages are its internal content. At the same time, the stages of the administrative process are separate, but interrelated stages consisting of administrative procedural actions united by common tasks and intermediate and final administrative procedural decisions, procedural deadlines. Attention is drawn to a certain specificity of the stages of the administrative process, which consists in the fact that they cannot be clearly divided into judicial and pre-trial stages, as it is in the criminal process. The system of stages of the administrative process should be the same for all types of administrative proceedings, since this follows from the principle of self-similarity, when the particular comes from the general and corresponds to it. To determine the place of administrative judicial procedure in the administrative process, it is necessary to understand that the court, as a subject of administrative procedural legal relations, can enter into the process at different stages, and it is not the only subject of administrative procedural relations that makes legally significant procedural decisions. The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.