The Brazilian Center for Arbitration and Mediation (CBMA) as an appellate sports arbitration institution

This paper aims to demonstrate sports arbitration in practice in the Brazilian Center for Mediation and Arbitration (CBMA). For this, we will use an empirical approach, that is, based on practical cases from the National Chamber of Dispute Resolution (CNRD) of the Brazilian Football Confederation (CBF). The methodological approach is thematic and chronological. We will only address sports arbitration appeals related to Brazilian football since 2017, when the CBMA became a CNRD arbitral appeal institution. The analysis criteria are straightforward: the rules of sports arbitration appeal procedure, operation, and data collected from the cases. Through these criteria and qualitative and quantitative methodology, we will reach our conclusions.

Upaya Hukum Terhadap Putusan Perkara Anak yang Batal Demi Hukum

This research entitled “Implikasi Dan Upaya Hukum Terhadap Putusan Perkara Anak Yang Batal Demi Hukum” This study used a normative juridical method, a statutory approach, a case approach and a conceptual approach. This research aims to examine the legal consequences of a juvenile justice court decision that does not include social research report as the judge consideration? And legal remedies against a child's case verdict are null and void?. This study found that the legal consequence justice court ruling without a public research report will render the ruling null and void by law, which means the ruling has never been considered from the beginning, has no legal consequences and power, and from the beginning the verdict handed down has no execution power so it does not can be implemented, It is regulated under Article 60 of the Juvenile Justice System Law, because the report contains the socio-economic and physcological background of the juvenile and the recommendations given by the Penitentiary. While the legal remedies that can be taken is through an appeal procedure and judicial review.Keywords: Court Decision; Remedies; Social Research Report.AbstrakPenelitian ini berjudul “Implikasi Dan Upaya Hukum Terhadap Putusan Perkara Anak Yang Batal Demi Hukum” yang dalam penulisannya menggunakan metode yuridis normatif, dengan menggunakan pendekatan perundang-undangan, pendekatan kasus, dan pendekatan konseptual. Rumusan masalah dalam penelitian ini yaitu: (1) apa implikasi putusan pengadilan pidana anak tanpa mempertimbangkan laporan penelitian kemasyarakatan? (2) Apa upaya hukum terhadap putusan perkara anak yang batal demi hukum?. Implikasi putusan pengadilan pidana anak tanpa mempertimbangkan laporan penelitian kemasyarakatan akan membuat putusan tersebut menjadi batal demi hukum yang artinya dari putusan tersebut sejak semula dianggap tidak pernah ada, tidak mempunyai akibat dan kekuatan hukum dan sejak semula putusan yang dijatuhkan sama sekali tidak mempunyai daya eksekusi sehingga tidak dapat dilaksanakan, hal tersebut diatur didalam Pasal 60 Undang-undang Sistem Peradilan Anak, dikarenakan didalam laporan tersebut berisikan tentang keadan anak dan adanya rekomendasi yang diberikan oleh Balai Pemasyarakatan. Sedangkan upaya hukum yang dapat ditempuh ketika putusan perkara anak tersebut ternyata batal demi hukum, maka jika pada saat proses peradilan berlangsung dapat mengajukan banding dan apabila baru diketahui pada saat putusan sudah dijalankan maka dapat mengajukan peninjauan kembali.Kata Kunci: Putusan Pengadilan; Pemulihan; Laporan Penelitian Kemasyarakatan.

Appeal of Actions and Decisions of Public Authorities to a Higher Instance

. The judicial procedure for appealing of actions and decisions of public authorities is the most common way to protect violated rights. However, the implementation of this right does not always end with the adoption of a decision in favor of the subject of appeal, and they appeal to a higher court. In this case, the appeal procedure has its own peculiarities associated not only with the difference in procedural rules, but also with the difference in the court to which the examined complaint is sent. Therefore, consideration of the mechanism for the implementation of one of the main administrative rights of citizens, organizations, enterprises and institutions is relevant. In addition, the relevance of this research is due to the ongoing judicial reform, in accordance with which the system of appeal and cassation courts was created, thereby changing the procedure for appealing to a higher instance. The purpose of this study is a comprehensive analysis of the mechanism for appealing actions and decisions of agency of State administration. The objective of this study is to review the procedural rules that provide the basis and procedure for appealing actions and decisions of public authorities. In this study, we used a comparative legal and systematic method, a method of technical and legal analysis.

Wyczerpanie alokacji a prawo wnioskodawcy do otrzymania dofinansowania z funduszy unijnych. Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 11 kwietnia 2019 r. (I GSK 378/19)

<p>The commented judgement concerns the issue of refusal to grant co-financing from EU funds in a situation in which during the appeal procedure (as a result of which the project obtained a higher score than other projects that received funding), the funds allocated to the competition were exhausted. In the commented judgement, the Supreme Administrative Court considered whether the refusal to grant funding motivated by exhaustion of the allocation may give way to the institution’s obligation to shape competition procedures in such a way that the appeal procedure in these circumstances does not turn out to be merely illusory. In this commentary, the author approved the conclusion of the Court that the amount of funds allocated to the competition is secondary to the institution’s obligation to ensure a correct and reliable application evaluation procedure. It is necessary to shape the competition procedures in such a way that the entity which launched the appeal procedure has the opportunity to prove its arguments and, as a consequence, to receive the subsidy. The conclusions made by the Supreme Administrative Court remain particularly relevant from the perspective of the upcoming works on the new act defining the rules for the implementation of cohesion policy programs financed in the 2021–2027 financial perspective.</p>

Some gaps in criminal procedural legislation at the time of court decisions appeal

The article is dedicated to the explanation of such legislative defects as gaps in the criminal procedural legislation during court decisions appeal. Within the framework of the study the attention focuses on the fact that regulatory rulemaking of the court decisions appeal in criminal proceeding contains multiple gaps that affect negatively at its practical implementation. Detailed analysis of the gaps in the criminal procedure legislation has been carried out. By reference to specific aspects of the judicial review implementation, the gaps classification according to their subject is proposed. More specifically the following gaps in the rulemaking of the court decisions appeal in criminal proceedings are identified: 1) concerning the object of appeal; 2) concerning the appealer; 3) concerning the subject of appeal; 4) concerning the appeal procedure, etc. It is pointed out that number of legal regulation gaps regarding the identification of the object of appeal is quite significant. Such gaps arise in response to the determining a list of court decisions by the legislator that are subject to appeal consequently making impossible reviewing those court decisions that are not directly enlisted. Such matter is illustrated by the example of the establishment of restrictions on the ability to appeal the investigating magistrate decisions. Considering the gaps concerning the appealer it is pointed out that in some cases the legislation does not provide the right of relevant parties for court decisions appeal or does not provide them with sufficient legal opportunities which limits a person’s constitutional privilege for court decision appeal review and his/her access to judicial proceedings. The analysis of gaps concerning the subject of appeal was also carried out. It is concluded with reason that such gaps arise due to the disadvantageous legislative determining of the issues which are allowed to appeal procedure. In the course of the research attention is drawn to the fact that the criminal procedural legislature furthermore contains other gaps in the rulemaking of court decisions appeal. In particular they concern the appeal procedure itself, implementation of the rights of its participants and some other issues. By way of illustration of the given type of gap it is indicated that the opportunity of implementation of the right to appeal for those persons who are directly granted with it by the law may be complicated due to the shortage of the actual opportunity to appeal against the judgment, in light of the high requirements for its content and format, advanced by the domestic lawmaking body. In the article motions considering eliminating and overcoming the enlisted legislative defects are formulated.

On the possibility of appeals in the appeal procedure of decisions of investigating judges according to the results of the consideration of the complaint on the inaction of the investigator and prosecutor, which lies in the failure to enter information about criminal offense into unified register of pre-trial investigations, which were determined before June 17, 2020

Purpose. The publication is an attempt of the author to present the scientific community with the existing approaches and objective problems of appealing the decisions of investigating judges on the results of the complaint on the inaction of the investigator and prosecutor, which lies in the failure to enter information about a criminal offense to Unified Register of Pre-trial Investigations, which were determined before June 17, 2020. Methodology. Analysis and synthesis of scientific achievements of a number of researchers and available precedents, study of the state of regulatory support, formation of author’s conclusions. Structured system method, analysis and synthesis, functional, and other methods have been used in carrying out this scientific research. Results. In the course of writing this article, arguments have been put forward to support the conclusions below. 1. Since one of the constitutional principles of judicial proceedings, in accordance with the requirements of article 129, paragraph 8 of the Constitution of Ukraine, is to ensure the right to an appellate review of the case, and the right to appeal against procedural decisions, acts or omissions as the basis of criminal proceedings guarantees everyone the right to appeal against procedural decisions, acts or omissions of a court, investigating judge, prosecutor or investigator in a manner regulated by the Code of Criminal Procedure of Ukraine (article 24, paragraph 1 of the CCP of Ukraine), all criminal proceedings participants authorized by the Code of Criminal Procedure are entitled to exercise their constitutional and procedural right to appeal against decisions, acts or omissions of authorized entities, among other things through appeal procedure if there are grounds for doing so. 2. However, the procedure for appealing procedural decisions, acts or omissions of individual entities should be divided into two conventional blocks, namely, those procedural decisions, acts or omissions that take place during the preliminary investigation and those, which are common in the judicial stages. The appeals against decisions, acts or omissions during pre-trial investigations are regulated by chapter 26 of the CCP of Ukraine, which unites three different appeal procedures with their own procedural features, solutions and different constituents within its structure. In this chapter, among other things, the legislature also sets limits on appeals against certain procedural decisions, some of which are express prohibitions. The Constitutional Court of Ukraine has already declared some of these prohibitions unconstitutional. This unconstitutional bun on appeal decisions in pre-trial investigations cease to have effect, in accordance with article 152, paragraph 2 of the Constitution of Ukraine, from the date of the adoption of the relevant decision by the Constitutional Court of Ukraine, unless otherwise indicated in the decision itself. 3. It is logical, that on common grounds from the day when the Constitutional Court of Ukraine adopted its decision 4-r (II) /2020, that is, from June 17, 2020, on the following issue: «... prohibition of appeal against the decision of the investigating judge following consideration of a complaint of inaction on the part of the investigator, the prosecutor, which consists in failing to report a criminal offence to the Unified Register of Pre-trial Investigations after receiving the complaint, criminal offence reports», criminal proceedings participants authorized by the Code of Criminal Procedure have the right to appeal the decisions of the investigating judge on the basis of the outcome of the examination of the complaint of inaction by the investigator, prosecutor, which consists of failing to report a criminal offence to the Unified Register of Pre-trial Investigations upon receipt of the complaint, criminal offence reports. 4. Court of Appeal while adopting its procedural decision on the basis of an appeal of a criminal proceedings participant authorized by the CCP of Ukraine regarding his disagreement with the investigating judge’s decision on the results of resolving the complaint, including the inaction of the investigator or prosecutor, which consists of failing to report a criminal offence to the Unified Register of Pre-trial Investigations upon receipt of a complaint, a criminal offence report, must be based on the current regulations on criminal procedure and must justify its decision in accordance with the provisions of the CCP, applicable at the time of the adoption of the decision (article 5, paragraph 1, of the CCP of Ukraine). Scientific novelty. There are some differences in the legal positions of the various judicial chambers of the Criminal Cassation Court of the Supreme Court on the application of the provisions of article 307, paragraph 3 of the CCP of Ukraine when reviewing through the cassation procedure decisions of the appellate court refusing to open proceedings through the appeal procedure against decisions of the investigating judges made regarding a complaint about the inaction of the investigator, prosecutor, which lies in the failure to report a criminal offence in Unified Register of Pre-trial Investigations after the receipt of the complaint, the reported criminal offence. Today, there is a decision of the joint chamber of the Cassation Criminal Court of the Supreme Court in case 133/3337/19, which has also been controversial among legal practitioners, thus I will try to share my own thoughts on this issue. Practical significance. The results of the study can be used in law enforcement activities during investigation of criminal offenses.

When Ought a Reference for a Preliminary Ruling be Made?

Chapter 7 concerns the situation where the national court has discretion in its decision as to whether or not it should refer a preliminary question to the Court of Justice. It analyses (1) the different criteria that form the basis for the national court’s discretionary decision, (2) to what extent EU law interferes with that discretion, and (3) at what time in the proceedings it is best to make a preliminary reference. The chapter first identifies the different criteria that in general form the basis for the national court’s decision as to whether or not it should make use of the preliminary reference procedure. It then deals with the particular situation where a similar question is already pending before the Court of Justice or where the national court has a cluster of parallel cases before it and must decide whether to make a preliminary reference in all cases or only in one or a few test cases. Next, it discusses to what extent a national court not sitting as a court of last instance should refrain from posing a preliminary question because such a question could also be posed during a possible appeal procedure. Finally, chapter 7 examines at what stage of the proceedings it is most appropriate to refer a preliminary question and discusses to what extent points of fact and national law ought to be clarified before it is decided whether to make use of the preliminary procedure.

The appeal procedure in the general administrative proceedings (vol. 1 and vol. 2), edited by M. Bogusz (Gdańsk 2019, vol. 1 – pp. 161; vol. 2 – pp. 175) – review article

The aim of the description is the rating the monographs Postępowanie odwoławcze w ogólnym postępowaniu administracyjnym (vol. 1 i vol. 2) edited by M. Bogusz and having an in-depth discussion with some of the views expressed in it. The review article formula seems to be appropriate as the reviewed study is the source of a number of issues of interest in theoretical and practical terms. The monograph thus encouraging the discussion and deepening of the arguments presented by the authors. The limited formula, usually intended for reviews, does not seem to be sufficient in this case. In particular, this study discusses the Authors' views on the issues related to the waiver of appeal, views on the determination of the legal nature of the decision of the appeal administrative authority under Art. 138 § 4 of the Administrative Proceedings Act of 1960, the validity of the prohibition of reformationis in peius in the event of a change in the legal situation of a party as a result of issuing this decision by the appeal administrative authority, and the proper application of the provisions on appeal proceedings in proceedings initiated by lodging a complaint. In some places, the argumentation presented by the authors of the monograph was supplemented.

The Settlement of the Bidding Contest for a Public Task Implemented by Non-Governmental Organisations and Public Benefit Entities Without the Possibility of Initiating an Appeal Procedure

The paper focuses on the financial cooperation of public administration bodies with public benefit organisations (PBOs) in the form of delegation or commissioning statutory public tasks. As a result of cooperation, a contract is concluded, which is preceded by an open bidding contest procedure. Nevertheless, there is no provision in the contest procedure which would constitute a substantive law basis for issuing an administrative decision or taking other actions referred to in art. 3(2)(4) of the Act of 30 August 2002 on the Administrative Court Procedure by a public administration body or an appointed contest committee.