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Journal articles on the topic 'Court procedures'
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1
Zujienė, Gitana. "Witchcraft Court Cases in the Grand Duchy of Lithuania in the Sixteenth to Eighteenth Centuries." Lithuanian Historical Studies 20, no. 1 (February 20, 2016): 79–125. http://dx.doi.org/10.30965/25386565-02001005.
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The article presents an analysis of court procedures against witches in Lithuania. The author explains which courts handled such cases and which legal acts regulated the course of these procedures. The witchcraft court procedure in Lithuania is compared to a procedure discussed in a book by Jakob Sprenger and Heinrich Institor (Kramer) from 1487 called ‘Malleus Maleficarum’ (Hammer of the Witches). The similarities and differences between these court procedures are revealed.
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Terekhova, L. A. "Additional procedures in cassation and supervision proceedings of civilistic procedure." Law Enforcement Review 5, no. 4 (January 6, 2022): 197–208. http://dx.doi.org/10.52468/2542-1514.2021.5(4).197-208.
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The subject of the research is the additional powers of the Chairman of the Supreme Court of the Russian Federation in relation to cassation and supervisory complaints.The purpose of the article is to substantiate the necessity or redundancy of certain additional powers of the Chairman of the Russian Supreme Court taking into account the nature of such powers and the conditions for their application.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts and judicial practice of Russian Supreme Court were used.The main results. Since the transformation of the three-tier supervisory proceedings into a system of two cassation and one supervisory instance, as well as the liquidation of the Supreme Arbitration Court, the powers of the Chairman of the Supreme Court of the Russian Federation have spread to a fairly wide range of relations that allow influencing the movement of the case in the cassation and supervisory instance, and on itself initiation of a case in a supervisory instance. Moreover, such activities are far from always regulated by the norms of the law.The Chairman of the Supreme Court of the Russian Federation (or his deputy) currently has leverage over the possibility of considering a case in the cassation instance of the Supreme Court of the Russian Federation (Judicial Collegium of the Supreme Court) and in the supervisory instance (Presidium of the Supreme Court). These possibilities are called control and substitute in the article. Control powers should include: 1) regulation of key deadlines in cassation and supervisory proceedings; 2) interference in the procedure for filtering complaints. The procedure and conditions for the use of these powers are not regulated in the procedural codes. Having such powers in relation to procedural terms, the President of the Supreme Court actually influences the very possibility of initiating a case in a court of cassation or supervisory instance, as well as the duration (and, accordingly, the quality) of the examination of the complaint. The intervention of the Chairman of the Supreme Court of the Russian Federation in the procedure for filtering complaints has a clearly pronounced discretionary nature, moreover, it is selective. It would not be superfluous to point out that such as "order" in itself creates conditions for its abuse both by the participants in the case and by the courts. The substitute authority is the right of the Chairman of the Supreme Court to initiate supervisory proceedings on his own initiative, contrary to the basic rule of civil proceedings based on the principle of discretion (the case is initiated by the person whose rights have been violated). Supervisory proceedings are currently intended to appeal against judicial acts adopted by the Supreme Court of the Russian Federation itself when considering cases in the first, appeal and cassation instances. However, among the objects of appeal there are also acts of the Judicial Collegium of the Supreme Court, applications to which are possible with complaints against acts of any lower courts, with some restrictions on the decisions of justices of the peace (Article 390.4 of the Civil Procedure Code; Article 291.1 of the Arbitration Procedure Court). In this regard, the supervisory authority must continue to be viewed as the final link in the system of reviewing judicial acts. However, the system for reviewing judicial acts is very contradictory. On the one hand, there are a number of strict rules that cut off certain types of judicial acts from appeal; filtering complaints in the second cassation and supervision; establishing special rules for the jurisdiction of complaints. On the other hand, it is possible not to comply with these strict rules and directly contact the Chairman of the Supreme Court of the Russian Federation.This extraordinary power of the Chairman of the Supreme Court of the Russian Federation has been preserved, precisely because the Russian legislator firmly and consistently adheres to the conviction that it is necessary to leave at least one official who is not a party to the case the right to initiate an audit of a judicial act.Conclusions. The extraordinary powers of the Chairman of the Supreme Court are of an extra-procedural nature, at best they are based on the rules of record keeping (instead of the law), are selective and opaque.
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SAKHNOVA, T. V. "“INCOMPLETE” COURT PROCEDURES IN MODERN CIVIL PROCEDURE." Herald of Civil Procedure 11, no. 4 (October 20, 2021): 27–49. http://dx.doi.org/10.24031/2226-0781-2021-11-4-27-49.
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The development of judicial procedures is an indicator of increasing complexity of civil procedure, a clear manifestation of the general pattern – unification and differentiation of civil procedural form. And one of the main tasks of the legislator is to make sure that the objective complexity of the legal space does not lead to complication of the access to judicial protection for interested persons. This thesis, put forward by the author, acts as one of the key ideas of this study and is disclosed in the article in terms of “incomplete” judicial procedures. The “incomplete” judicial procedures, according to the author’s conception, include simplified proceedings, absentee proceeding, court-ordered proceedings and proceedings on insignificant claims. The latter should be understood as proceedings before a justice of the peace in action cases (see clauses 2–5 part 1 of Article 23 of the Civil Procedure Code of the RF). In conclusion it is concluded that the procedural nature of the Russian process, laid down in the codes of the early 20th century, now acquires conceptual importance, which requires a different methodology to solve current legislative problems. The procedures we have considered is a “litmus test” of the methods of justice, which allows us to comprehend the general vector of the further path of civilizational process reform.
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Radolović, Aldo. "Odnos redovnog sudskog i ustavnosudskog postupka u ustavnim tužbama." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 357–73. http://dx.doi.org/10.30925/zpfsr.38.1.12.
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This paper deals with relation between ordinary and constitutional judicial procedures in constitutional complaint. Constitutional protection against individual decisions of competent state authorities (mostly against decisions of ordinary courts) has supplementary nature. Citizens and legal entities may initiate procedure before the Constitutional Court only after exhaustion of ordinary legal remedies. Constitutional procedure is new judicial procedure, but it must take into account previous ordinary judicial procedures. It is new procedure because the Constitutional Court has the right to implement its specifi c procedural rules. On the other hand, this procedure is old one. From previous ordinary judicial procedure originates the constitutional dispute and its proper settlement is not possible without conversance of this previous judicial procedure.
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Ahmad, Sufmi Dasco. "PROSPECTS FOR SETTLEMENT OF CIVIL CASES THROUGH MEDIATION IN STATE COURTS BASED ON REGULATION OF THE SUPREME COURT NUMBER 1 OF 2016." Fox Justi : Jurnal Ilmu Hukum 12, no. 1 (July 30, 2021): 93–101. http://dx.doi.org/10.58471/justi.v12i1.187.
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The process of examining civil cases (lawsuits) in District Courts, such as at the Class IA Bale Bandung District Court is carried out through several stages, namely from the administrative process, to the examination in front of the trial/trial proceedings, one of which is a peace event (mediation), which carried out at the beginning of the trial, the procedure for which is currently regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, which revokes and declares that Perma Number 1 of 2008, whose implementation is considered ineffective. Based on the background and problems discussed in this thesis, the objectives of this study are as follows: To find out and analyze the process of resolving civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court, and the prospect of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This study finds answers, namely that: the process of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has been carried out optimally, but the results of case settlement through mediation have not been achieved optimally and settlement of civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has good prospects, if judges, mediators, and advocates are able to motivate and encourage litigants to settle the case amicably through mediation in order to accelerate the settlement of the case. In connection with the results of the study, the authors submit the following suggestions: In order for the implementation of the settlement of civil cases through mediation in the District Court based on the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the results are more optimal, one of which is the need for a mediator who has high integrity and impartiality supported by the ability to listen, ask questions, observe, interview, counsel and negotiate; and it is necessary to socialize the Regulation of the Supreme Court Number 1 of 2016 intensively to all elements of the legal profession to better understand the objectives of the PERMA.
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Gilchrist, Anne. "Workshops on court procedures." Psychiatric Bulletin 14, no. 1 (January 1990): 42. http://dx.doi.org/10.1192/pb.14.1.42.
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Nikitin, S., and M. Patsatsiya. "Summary Prosedures and Optimization of Commercial Court Proceedings in Russia." BRICS Law Journal 6, no. 2 (June 13, 2019): 108–31. http://dx.doi.org/10.21684/2412-2343-2019-6-2-108-131.
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This article deals with the problems involved in implementing simplified forms of legal proceedings in the Russian civil process, which is one of the important directions for optimizing commercial court proceedings. The study is largely based on the analysis of previously unpublished statistical information on the commercial courts of three districts for the period of 2016–2018, showing the results of their procedural activities in the framework of the procedures of simplified and writ proceedings in the context of court data of the commercial court system as a whole. The obtained results are highlighted taking into account domestic, foreign and international experience, doctrinal approaches and the existing need for the optimization of commercial court proceedings. The authors substantiate the conclusion that the consideration of cases in the procedures of simplified production facilitates significantly reducing the caseload burden on the commercial courts of first instance, both by simplifying the procedures for the consideration of these cases and by drawing up judicial acts on them. The article formulates proposals for the development of the current commercial procedural law, in particular the proposal to unify the procedural order of commercial court cases on the recovery of compulsory payments and sanctions. It further proposes possible variants of such unification.
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Gasanova, Daria P. "Participation and role of the court in conciliation of the parties in arbitration proceedings." Current Issues of the State and Law, no. 3 (2022): 413–22. http://dx.doi.org/10.20310/2587-9340-2022-6-3-413-422.
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We consider the implementation features of one of the tasks of modern legal proceedings in arbitration courts – the promotion of a peaceful settlement of the dispute. We analyze the articles of the Arbitration Procedure Code of the Russian Federation, which fix the actions of the court to promote the conciliation of the parties at various stages of the arbitration process. We highlight the procedural and organizational measures taken by the arbitration court in order to popularize the use of conciliation procedures. Examples from judicial practice illustrate the procedural actions of the court to reconcile the disputing parties. We analyze the statistics of the conclusion of settlement agreements in arbitration courts. We note the greater demand and effectiveness of conciliation procedures in the economic justice system than in the courts of general jurisdiction, due to the specifics of disputed legal relations and the subject composition. When characterizing organizational measures to promote the conciliation of the parties, emphasis is placed on the need to develop mediation and communication skills among representatives of the judicial community and employees of the judicial system, aimed at popularizing the use of conciliation procedures to resolve disputes in the arbitration process. We note that in order to develop the institution of conciliation in arbitration proceedings, it is necessary to carry out work on the implementation of a set of measures of an information-educational, organizational and regulatory nature. We conclude that the modern arbitration process is characterized by a new understanding of the role of the court in resolving legal disputes, an integral part of which are actions to conciliate the parties.
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Novak, Stjepan. "DIJALOZI IZMEĐU USTAVNIH SUDOVA DRŽAVA ČLANICA EUROPSKE UNIJE I SUDA EUROPSKE UNIJE." Pravni vjesnik 36, no. 3-4 (2020): 113–36. http://dx.doi.org/10.25234/pv/10408.
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In the context of the discourse on constitutional identities, national constitutional courts enter into various forms of dialogue with the Court of Justice of the EU. After having engaged for an extended period of time in exclusively indirect dialogues that were more or less successful and were realised through their own practices, national constitutional courts started making use of the possibility offered to them pursuant to Article 267 of the Treaty on the Functioning of the European Union, i.e., the preliminary ruling procedure. The paper aims to prove that the dialogues which constitutional courts engage in with the Court of Justice of the EU are the most successful forms of their communication. For that purpose the paper compares these dialogues with indirect forms of communication between constitutional courts and the Court of Justice of the EU. It is in this context that the paper, following introductory considerations in the second part, considers the concept of constitutional identity from the viewpoint of the Court of Justice of the EU and the viewpoint of national constitutional courts. The third part of the paper analyses different forms of indirect dialogue between constitutional courts and the Court of Justice of the EU and draws conclusions about their effectiveness. The fourth part analyses particular procedures instituted before the Court of Justice of the EU by constitutional courts and points out the pros and cons of these procedures. Finally, the paper concludes that the procedures instituted by national constitutional courts pursuant to Article 267 of the Treaty on the Functioning of the European Union are the most direct and the most efficient forms of their communication with this Court.
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Afriana, Anita, and Hazar Kusmayanti. "Review of Syaria Economy Disputes in Religious Courts within the Perspective of Small Claims Court (SCC)." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 2 (April 7, 2021): 183–94. http://dx.doi.org/10.25041/fiatjustisia.v15no2.2086.
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One of the absolute competencies of the Religious Court revolves around resolving sharia economy disputes. Quick, simple and inexpensive principles of the court must persist within Religious Court procedures, such as in sharia economy disputes relating to business disputes as regulated in Supreme Court Decree No. 14 of 2016 on Procedures in Sharia Economic Disputes. The solution in this way should be able to speed up commercial Shia dispute, but in fact, various obstacles were found. This article reviews the resolution of sharia economy disputes in Religious Court within the perspective of Small Claims Court implied through SC Decree No. 14 of 2016, along with the possible issues of Small Claims Court in Religious Court procedures. This research was conducted with a normative approach. Juridically SC Decree No. 14 of 2016 conforms with SC Decree No. 2 of 2015, now replaced with SC Decree No. 4 of 2019, permits parties to resolve certain nominal claims through a quicker dispute settlement procedure. Judges participate actively throughout the dispute resolution as Small Claims Court provides flexible interaction within formal courts. In practice, limitations such as the amount of sharia economy certified judges show that sharia economy cases are better resolved through standard procedure within the Civil Court. Other limitations, such as the insufficient electronic court (e-court) systems, limit dispute resolution capacity with further substantial limitations such as executorial clauses that are not yet regulated and can take more than 25 (twenty-five days).
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Koroied, S. O. "Efficiency of civil and procedural regulation of certain judicial procedures in connection with the martial law and temporary occupation." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 86–92. http://dx.doi.org/10.33663/2524-017x-2022-13-13.
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Summary: The article determines the effectiveness of civil procedural regulation of certain court procedures in martial law and temporary occupation on the basis of scientific and practical analysis of the procedure for changing territorial jurisdiction due to the termination of the court hearing of case and the mechanism for resuming lost proceedings. These procedures will in many cases be used in combination and have become key to ensuring that citizens exercise their constitutional right on access to justice. The urgency of the application of these procedures today is due to the imposition of martial law, in connection with which the courts in some areas have stopped working. A description of the procedure for transferring the case to another court on this basis is given. An overview of the provisions of the Laws “On the Legal Regime of Martial Law” and “On the Judiciary and the Status of Judges”, which defines the mechanism for changing the territorial jurisdiction of cases considered by courts in the territory where martial law is imposed. It is considered a situation when the case materials in paper form cannot be transferred for objective reasons (the court that stopped working is in the temporarily occupied territory or the territory of hostilities, or the case materials were destroyed or lost during the transfer). It turns out that this does not preclude the transfer of the case as a procedure for changing jurisdiction, as the case is transferred as a relevant legal dispute or other legal issue on which civil proceedings have been initiated with a single unique number. It is argued the conclusion that the transfer of case under jurisdiction will be considered completed from the moment the new court accepts such a case for proceedings, and not from the moment of the decision to change jurisdiction. It is justified, if in connection with the change of jurisdiction the unfinished case was not transferred to another court and (or) was not accepted by the new court for proceedings to continue its consideration, then after the restoration of jurisdiction such case should be continued by the court whose work was resumed. It is noted that during transfer of the case under jurisdiction it may also be addressed the issue of resumption of lost proceedings in connection with the loss of case materials. It is emphasized that in contrast to the goal of restoring lost “completed” court proceedings, which pursues individual procedural goals, the goal of restoring lost yet unfinished court proceedings will be to provide a real opportunity to exercise all components of the constitutional right to justice, including access to justice and the whole set of procedural rights that arose to the parties of the case in connection with the filing of a lawsuit and the opening of proceedings in a case reviewed by a court whose territorial jurisdiction has changed. It is substantiated the feasibility of introducing a mechanism for resuming lost but still unfinished court proceedings in order to ensure the continuation of consideration of a previously initiated case by a new court. Key words: civil proceedings, court, civil case, jurisdiction, lost proceedings, martial law, temporary occupation
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Feld, Barry C. "Juvenile (In)Justice and the Criminal Court Alternative." Crime & Delinquency 39, no. 4 (October 1993): 403–24. http://dx.doi.org/10.1177/0011128793039004001.
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The juvenile court has been transformed from an informal, welfare agency into a scaled-down, second-class criminal court as a result of a series of reforms that divert status offenders, waive serious offenders to adult criminal courts, punish delinquent offenders, and provide more formal procedures. There are three plausible policy responses to juvenile courts that punish in the name of treatment and deny elementary procedural justice: (a) restructure juvenile courts to fit their original therapeutic purpose; (b) accept punishment as the purpose of delinquency proceedings, but coupled with criminal procedural safeguards; or (c) abolish juvenile courts and try young offenders in criminal courts with certain substantive and procedural modifications.
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Siregar, Muhammad Yusuf. "IMPLEMENTASI PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN (Study Putusan Pengadilan Agama Rantauprapat No. No.487/Pdt.G/2020/PA-RAP Jo Putusan Pengadilan Tinggi Medan No.73/Pdt.G/2020/PTA-MDN)." JURNAL ILMIAH ADVOKASI 8, no. 2 (September 15, 2020): 72–81. http://dx.doi.org/10.36987/jiad.v8i2.1854.
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This study aims to analyze the legal aspects of the implementation of the Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Courts (Study of Rantauprapat Religious Court Decision No. 487 / Pdt.G / 2020 / PA-RAP Jo Medan High Court Decision No. 73 / Pdt.G / 2020 / PTA-MDN. This research is Normative Empirical, which is research by looking at conditions in the field by linking the source of laws and regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this study are to find out and analyzing the legal position of the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts and To find out and analyze the Implementation of the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts in the Rantauprapat Religious Court Decision No.487 / Pdt .G / 2020 / PA-RAP Jo Medan High Court Decision No.73 / Pdt.G / 2020 / PTA-MDN. The results of the research show that the provisions of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2008 and / or Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts in article 02 paragraph 04 states that "Judges in consideration of the decision of a case must state that the case concerned has strived for peace through Mediation by stating the name of the Mediator for the case concerned. The position of Mediation as stated in the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 is one of the steps that must be taken in carrying out the Judicial system which is based on the decision of the Medan High Court Panel of Judges declaring that to completely reject the Plaintiff's Lawsuit with the Consideration that the case has been taken through the Mediation route although not maximally and His legal consideration is that the position of the witnesses presented by the Plaintiff is a witness who did not see the Plaintiff and Defendant fighting, but only told the story of the Plaintiff. Keywords: Implementation, Procedure, Mediation
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KOVALYOVA, A. V. "CONCILIATION PROCEDURES USING SPECIAL KNOWLEDGE: CAN WE APPLY IN RUSSIA THE EXPERIENCE OF THE AMERICAN, FRENCH OR ITALIAN MODEL?" Herald of Civil Procedure 11, no. 6 (February 14, 2022): 214–38. http://dx.doi.org/10.24031/2226-0781-2021-11-6-214-238.
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Judicial systems of various jurisdictions, faced with the problem of overloaded courts, including through disputes based on circumstances, the establishment of which or the search for a causal relationship between which requires the use of knowledge (special) unknown to judges, they are more or less successfully solve it through the development of conciliation procedures with the participation of knowledgeable persons. The current Russian procedural legislation does not provide for such conciliation procedures. In this respect, the experience developed in France, Italy and the USA is of interest. The reform of conciliation procedures initiated by the Plenum of the Supreme Court of the Russian Federation served as normative consolidation by the Federal Law of 26 July 2019 No. 197-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” in the reborn form of the procedure of judicial conciliation known to the domestic civil procedural legislation of the Russian Empire, the regulations for which were approved by the Plenum of the Supreme Court of the Russian Federation on 31 October 2019. Is there a need to introduce conciliation procedures using special knowledge into Russian civil procedural legislation? Is it possible to use the American, Italian or French model? This article attempts to answer these two questions.
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Keith, Ken J. "The Development of Rules of Procedure by the World Court Through its Rule Making, Practice and Decisions." Victoria University of Wellington Law Review 49, no. 4 (November 15, 2018): 511. http://dx.doi.org/10.26686/vuwlr.v49i4.5338.
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Courts and tribunals follow procedures in reaching their decisions. Those procedures should provide the parties, appearing before an independent, impartial and qualified body, with a full and equal opportunity to present their cases and to challenge those presented against them. The process should also provide the body with sufficient material for it to resolve the dispute. The procedural rules may be established by those who set up the court or tribunal, including treaty makers and legislatures, or by the body itself through the exercise of its general rule making power and its rulings and practice in particular cases. This article considers the work of the Permanent Court of International Justice and its successor, the International Court of Justice, over almost the last 100 years in developing their procedures. A striking feature of the history is that the Statutes of the two Courts have remained essentially unchanged and that it is the Courts themselves that have developed the procedures which they and the parties are to follow. Along with the development of the law and practice of evidence in the two Courts, the history contributes an answer in one area to recurring questions about the best means of clarifying and making law.
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Steinberg, Jessica K. "Informal, Inquisitorial, and Accurate: An Empirical Look at a Problem-Solving Housing Court." Law & Social Inquiry 42, no. 04 (2017): 1058–90. http://dx.doi.org/10.1111/lsi.12211.
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Substantive justice is often seen as elusive in courts dominated by low-income individuals. Complex court rules, coupled with pervasive lack of counsel, can make it difficult for the traditional adversary process to identify and redress legitimate grievances. This article takes on the social problem of substandard housing and examines whether inquisitorial procedure has the potential to produce accurate outcomes in a tribunal dominated by the unrepresented. Relying on in-court observations of nearly 300 hearings, and a longitudinal review of nearly seventy-five cases, this article surfaces the regularized procedures utilized by a purported “problem-solving” housing court, and theorizes that the inquisitorial features of judicially controlled investigation and enforcement may motivate landlords to repair substantiated housing code violations. This article adds nuance to our understanding of informal justice by identifying the hidden procedural formalisms that may guide alternative decision-making processes. Furthermore, it evaluates the relationship of one iteration of experimental formalism to substantive justice, and suggests that inquisitorial procedures may be correlated with improved accuracy in case outcomes.
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Korol, D. "THE ROLE OF THE COURT IN CHOOSING THE CIVIL CASE PROCEDURE: PROBLEMATIC ISSUES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 109 (2019): 15–18. http://dx.doi.org/10.17721/1728-2195/2019/1.109-3.
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Following the 2017 reform the civil litigation has been significantly changed. The action proceedings, inter alia, have been divided into general and simplified procedures. Therefore, the role of the court in determining the procedure for of the case consideration is decisive, since the law does not impose the obligation to apply to the court in a specific procedure but stipulates respective court power and criteria for its implementation. Thus, the case may be heard in the general proceedings or in a simplified procedure, which provides for the possibility of a court hearing or without such a hearing, in accordance with the grounds and criteria laid down in Article 11, Parts 4 and 6 of the Article 274, Parts 1 and 2 of the Article 277, as well as Part 6 of Article 279 of the Civil Procedural Code of Ukraine, the common only approaches of which have not yet been achieved in practice. Therefore, the object of attention of the author is the problems of differentiation and determination by courts of specific grounds for consideration of civil cases according to the general or simplified procedure of action proceedings, as well as the appointment of a court session, based on the analysis of first instances courts decisions, adopted during 2018-2019 and available for the research on the website of the Unified State Registry of Judgments. As a result, the problematic issues that have arisen in the jurisprudence, in particular, regarding the decisive role of the court in choosing the civil case procedure have been identified and the relevant solutions have been proposed. The role of the court is to determine whether there are grounds for a simplified procedure, whether there are no grounds for a mandatory general procedure for this case consideration, as well as an assessment of the merits and motivation of the plaintiff's and defendant's motions for choosing the procedure for this case consideration, in particular, as it is defined in Article 11 of the Civil Procedural Code of Ukraine. Exercising the abovementioned powers, the court must first of all proceed with the goals of civil justice and its general principles as well as Article 19 of the Civil Procedural Code of Ukraine.
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Al-Billeh, Tareq. "The Correction of the Invalidity of the Civil Trials Procedures in Jordanian and Egyptian Legislation: The Modern Judicial Trends." Kutafin Law Review 9, no. 3 (October 5, 2022): 486–510. http://dx.doi.org/10.17803/2713-0525.2022.3.21.486-510.
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The research deals with correcting the invalidity of procedures in the Jordanian Civil Procedures Law and the Egyptian Civil and Commercial Procedures Law. It highlights the status of the procedural invalidity and the mechanism of its correction. These conditions must be met to correct the procedural invalidity and the period specified by the Jordan and Egypt legislator to correct the invalid procedure. The study concluded several findings and recommendations, the most important of which is that the Jordanian legislator did not specify a period for correcting the invalid procedure and did not explicitly grant this right to the court in determining the period of correction, just as the Egyptian legislator did by granting the court the authority to specify the period for correction, and that the invalid procedure may be corrected, even if it pertains to the general system, as long as this correction has been made within the specified time.
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Daka, Marija. "ADVISORY OPINION AND PRELIMINARY RULING PROCEDURE – A COMPARATIVE AND CONTEXTUAL NOTE." Pravni vjesnik 36, no. 3-4 (2020): 289–308. http://dx.doi.org/10.25234/pv/10767.
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The apropos of this article is Additional Protocol No. 16 complementing to the European Convention on Protection of Human Rights and Fundamental Freedoms that recently came into force. This paper presents the main common and differing elements of two non-contentious procedures before supranational courts. The advisory opinion procedure of European Court of Human Rights (ECtHR) and the preliminary ruling procedure marked by unprecedented success before the Court of Justice of the European Union, -as at least prima facie- similar types of proceedings. The paper also analyses cross-cutting issues arising from the application of both procedures in the same case arising before designated national court or tribunal. Although the purpose of the advisory opinion is to achieve and maintain efficiency bearing in mind that the ECtHR is victim of its own success the paper outlines some of serious doubts and assumptions whether in current format and in foreseeable future this purpose will be achieved. Furthermore, the paper also takes a closer look at the procedural aspects of the first advisory opinion delivered by ECtHR given its importance as we can draw at least some conclusions on the functioning of this type of procedure. Lastly, the paper -in comparative spirit- also refers to the relationship of the ECHR and the European Union Law as the two main trustees within the European multilevel system of rights protection.
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Smirnova, Irina, Vyacheslav Nikolyuk, Elena Markovicheva, and Oksana Kachalova. "Placing Juvenile Delinquents into Residential Correctional Schools." Russian Journal of Criminology 13, no. 5 (October 31, 2019): 837–45. http://dx.doi.org/10.17150/2500-4255.2019.13(5).837-845.
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An integral part of modern criminal policy is criminal procedure policy regarding juvenile delinquents, aimed at resolving a criminal law conflict in the ways that are most beneficial for these persons and that lead to their re-integration in the society. The purpose of juvenile criminal proceedings is connected with special educational tasks and requires special procedures. In Russian criminal proceedings, the court can substitute criminal punishment with compulsory educational measures as part of such procedures. Russian system of compulsory educational measures is complicated, and a special place is held by the most severe sanction — directing a juvenile guilty of a grave crime or a crime of medium gravity into a special residential correctional school. The authors note that the legislation does not fully regulate the application of this sanction, which hinders its use by courts. They also present statistical data on the number of juveniles who the courts place into special residential correctional schools and analyze the reasons why this measure is seldom used. As there is no service of probation in Russia, the courts have no opportunity to find good solutions to the problems connected with a delinquent’s stay in a residential correctional school. The authors support the initiative of the Supreme Court of the Russian Federation to transfer these problems to the sphere of administrative court procedure, which should both benefit the court system and promote the rights of minors. They argue for the development of two strategic spheres of state criminal procedure policy for juveniles — that criminal court procedure should no longer deal with resolving socio-pedagogical, rehabilitation and medical problems of a juvenile's stay in a residential correctional school, and that there should be a detailed procedure for placing a juvenile into such an institution.
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Muhammad, Hasanuddin. "EFEKTIFITAS DAN EFISIENSI PENYELESAIAN SENGKETA EKONOMI SYARIAH DI PERADILAN AGAMA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (June 19, 2020): 35. http://dx.doi.org/10.29300/mzn.v7i1.3192.
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The era of the industrial revolution 4.0 has brought great changes to the human. The Supreme Court as the highest judicial body should embody effective and efficient justice with the simple, fast, and low cost princeples. This study examines the extent to which the Supreme Court Regulations regulate and embody an effective and efficient judicial system in resolving Islamic economic disputes in religious courts. This type of research is qualitative with a normative juridical approach. As a result, the Supreme Court has issued several rules as an effort to embody an effective and efficient judiciary, namely Supreme Court Regulation Number 2 of 2015 concerning the procedure for simple lawsuit resolution, Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settling Sharia Economic Disputes, Regulation of the Supreme Court Number 5 year 2016 concerning Sharia Economic Judge Certification, Supreme Court Regulation 04 of 2019 concerning amendment to Supreme Court Regulation Number 02 of 2015 concerning Simple Settlement Procedures and Supreme Court Regulations 01 of 2019 concerning Electronic Case and Trial Administration. It regulates efforts to embody the resolution for Sharia economic disputes that are effective and efficient, namely through a simple lawsuit, judges must have competence in the field of sharia economics by issuing a sharia economic judge certification policy and providing judicial services electronically.
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Chakim, M. Lutfi. "A Comparative Perspective on Constitutional Complaint: Discussing Models, Procedures, and Decisions." Constitutional Review 5, no. 1 (May 31, 2019): 096. http://dx.doi.org/10.31078/consrev514.
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The constitutional complaint is one of the important constitutional court jurisdictions that can be described as a complaint or lawsuit filed by any person who deems his or her rights has been violating by act or omission of public authority. Currently, the constitutional court in many countries have adopted a constitutional complaint system in a variety of models. However, the first application of the constitutional complaint jurisdiction came from Europe. In Austria, the constitutional complaint is allowed against the administrative actions but not against the court decisions. While Germany and Spain have a similar model that is a complaint against an act of the public authority including court decisions. In Asia, it is imperative that the court in Asia actively participate in the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). The AACC members have adopted a system of constitutional adjudication in a variety of models, and when it comes to jurisdictions, out of sixteen AACC members, there are four countries (Azerbaijan, South Korea, Thailand, and Turkey) have the constitutional complaint in their jurisdictions. In Azerbaijan, constitutional complaint is comparatively broad. Azerbaijan’s Constitutional Court can handle constitutional complaint against the normative legal act of the legislative and executive, an act of a municipality and the decisions of courts. In contrast, even though constitutional complaint in South Korea and Thailand can be against the exercise and non-exercise of state power, constitutional complaint cannot be filed against court decisions. In Turkey, the constitutional complaint mechanism is coupled with the regional system of human rights protection. The Turkish Constitutional Court handles complaints from individuals concerning violations of human rights and freedoms falling under the joint protection of the Turkish Constitution and the European Convention on Human Rights (ECHR). This paper argues that constitutional complaint represents the main part of the constitutional court, and through a comparative perspective among three countries in Europe and four AACC members are expected to provide lessons for the other AACC members that do not have a constitutional complaint mechanism, such as Indonesia.
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Koshel, A. S. "Parliamentary procedure as a type of legal procedure." Law Enforcement Review 5, no. 2 (July 5, 2021): 170–84. http://dx.doi.org/10.52468/2542-1514.2021.5(2).170-184.
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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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Suri, Noémi. "Non-Litigious Proceedings under the Jurisdiction of the Court in Hungary." Acta Universitatis Sapientiae, Legal Studies 10, no. 2 (December 15, 2021): 245–52. http://dx.doi.org/10.47745/ausleg.2021.10.2.06.
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The author outlines in her study the main non-contentious (nonlitigious) procedures under Hungarian law that are governed by special norms in conjunction with those of the Code of Civil Procedure and that now employ electronic means for submitting requests and documents, as well as for communication with the parties and service of procedure. The main procedures examined are those instituted by the new Hungarian Code of Civil Procedure itself and those pertinent to procedures before the Company Register, during insolvency procedures and during the registration of entities comprising non-governmental organizations and other manifestations of the civil society. The author concludes that the most significant non-litigious procedures now employ means of electronic communication.
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Batchaeva, Erna Kaysynovna, Daria Olegovna Chistilina, Aleksandr Viktorovich Grinenko, Tatyana Kimovna Ryabinina, and Vasiliy Jonovich Potapov. "Russian court in adversarial criminal procedures." Cuestiones Políticas 39, no. 71 (December 25, 2021): 531–42. http://dx.doi.org/10.46398/cuestpol.3971.30.
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This article discusses the role of the Russian court in accusatory criminal proceedings. At the legislative and practical levels, there is uncertainty about the degree of judicial activity in relation to the question of evidence. The theoretical model of the accusatory system assumes that there is minimal judicial intervention in the investigative proceedings of the parties. The latter must act and defend their position in the criminal case. The court is supposed to have a passive stance. The methodological basis of this study is composed of general scientific and legal methods such as dialectical, historical, systematic, comparative legal, formal-logical methods, etc. Most countries that practice an accusatory model of criminal justice grant the court a certain level of action that allows it to participate fully in the evidence during trials. By way of conclusion, it is suggested to improve the capabilities of the Russian court to actively investigate the evidence, as well as to offer new forms of defense to the parties.
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Bellia, Anthony J. "Federal Regulation of State Court Procedures." Yale Law Journal 110, no. 6 (April 2001): 947. http://dx.doi.org/10.2307/797561.
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Matevosyan, Naira Roland. "Court-visited obstetrical and fertility procedures." Archives of Gynecology and Obstetrics 285, no. 5 (January 21, 2012): 1195–203. http://dx.doi.org/10.1007/s00404-012-2216-7.
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Poryvaev, Sergei A. "Proceedings for the Settlement of Administrative and Legal Disputes out of Court." Rossijskoe pravosudie, no. 1 (December 23, 2021): 32–38. http://dx.doi.org/10.37399/issn2072-909x.2022.1.32-38.
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Statement of the Problem. Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of administrative-procedural procedures implemented in judicial and non-judicial procedures. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative-legal disputes in an out-of-court manner. Such allocation will help, in particular, to reduce the burden on the courts in terms of resolving administrative cases. Goals and Objectives of the Study. The purpose of the work is to identify the current level of development of proceedings for the settlement of administrative legal disputes in an out-of-court manner in Russian law. This requires solving the tasks of formulating criteria for the processalization of the relevant proceedings, as well as analyzing the current legal regulation of the proceedings, primarily in terms of certain legislative acts containing special rules for the consideration of certain categories of cases. Methods. The study used systematic, logical, formal and legal methods. Results, Brief Conclusions. According to the results of the study, conclusions were drawn about the fact that within the framework of administrative procedure legislation, proceedings were formed to resolve administrative disputes out of court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production.
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Трезубов, Егор, and Egor Trezubov. ""Procedural Revolution". Review of Changes to Civil Procedure Codes." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 3, no. 2 (September 3, 2019): 187–98. http://dx.doi.org/10.21603/2542-1840-2019-3-2-187-198.
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This review examines some changes introduced by the Federal Law on January 28, 2018, No. 451-FZ, to the Civil Procedure Code, the Arbitration Procedure Code, and the Code of Administrative Procedure of the Russian Federation. The media called the amendment pool “procedural revolution”. It touched many institutions. On the one hand, it promoted unification of the civil process and imposed legal certainty on many issues. On the other hand, it simplified some ordinary procedures. Some of the changes fix the rules formed in judicial practice; others are essentially transitional and imply the need for further refinement. The present research explores the following innovations: modernization of the institute of court competence in the context of the availability of judicial protection, simplification and unification of the procedure for reviewing a challenge to the court, expanding the scope of simplified procedures for reviewing requirements, fixing the rules of continuous appeal in civil and administrative proceedings, etc. The review introduces the upcoming changes to the reader and outlines the author's opinion on the procedural reform. Some changes are characterized as positive, and the author substantiates the need for reform. Meanwhile, some innovations are criticized as they will inevitably lead to restriction of the rights of participants in the procedural relations. The author believes that the innovations of the “procedural revolution” will not lead improve the court system.
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Kotviakovskyi, Yu O. "CERTAIN ASPECTS OF COMMENCING APPELLATE PROCEEDINGS AGAINST THE DECISIONS OF ARBITRATION COURTS AND PREPARING THEM FOR TRIAL." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 34–38. http://dx.doi.org/10.15421/391952.
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On the basis of the analysis of the rules of the Code of Civil Procedure of Ukraine governing proceedings on appeals against decisions of arbitration courts, and taking into account scholars’ points of view on this issue, the article investigates the procedure for commencing proceedings in cases of the relevant category and preparing them for judicial review. The author argues that it is advisable to consider commencement of appellate proceedings against the decisions of arbitration courts as a separate stage of civil proceedings that has a specific procedural purpose, structure and deadlines clearly defined by the law. Attention is drawn to the unreasonable refusal to commence proceedings in the event of an appeal against a decision made by an arbitration court on the grounds not provided for by the law. In this part, it is noted that the decision on the presence or absence of the grounds for setting aside an award made by the arbitration court, according to Part 3 of Article 457 of the Code of Civil Procedure of Ukraine, is taken when considering the case in court. Thus, refusing to commence proceedings on the basis of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine, the court actually makes a decision on the substance out of court. With respect to the abovementioned, it is suggested to specify the rules of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine. Considering the procedure for preparation of cases on appeals against decisions of arbitration courts, the author focuses his attention on the progressive nature of the provisions of Article 456 of the Code of Civil Procedure of Ukraine. It establishes the right of a competent court on its own initiative to ask the arbitration court for the necessary case materials concerning the grounds for setting aside the arbitral award. The implementation of this approach creates the conditions for further fair trial. At the same time, the consideration of cases on appeals against the decisions of arbitration courts in the order of simplified procedure according to the current version of the Code of Civil Procedure of Ukraine, in the author’s opinion, limits the parties’ possibilities for a compromise solution to the dispute. Emphasis is placed on the reasoning of further improving the legislation in terms of empowering the parties to conciliate procedures, at the stage of preparation of cases for trial.
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Borisevich, G. Yа. "ABOUT THE REASONABLE BALANCE IN PROTECTING THE RIGHTS OF AN INDIVIDUAL DURING THE EXAMINATION AND VERIFICATION PHASE IN RUSSIA'S PROCEDURAL LAW." Ex jure, no. 2 (2018): 90–102. http://dx.doi.org/10.17072/2619-0648-2018-2-90-102.
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in the article, a number of situations are described that provide for a necessity to unify Russia's procedural law norms regulating such multisectoral institutions as appeal, cassation and supervisory proceedings. One of the purposes of this unification is a reasonable ensuring of protecting the rights of the individual in examination and verification phases of the civil, arbitration, administrative, criminal procedure. The following issues were reviewed: the right and term of appealing against the court decision, the rule of using the ways of appealing against court decisions until they are legally effective, reasons for reversing or changing the court decision, improvement of the legislative regulation of the first phase of the cassation procedure performed in accordance with Civil Procedural Code, Administrative Procedure Code, Criminal Procedural Code of the Russian Federation. The proposals were formulated on improving the procedural legislation. The need was shown for the concurrence in the positions of the legislators representing the four forms of the court procedures during the development and adoption of the laws regulating the mult-sectoral institutions
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Saputra, Happy Agung, Iwan Rachmad Soetijono, and Shofi Munawwir Effendi. "Reformulating Political Party Court Procedures in Parties' Dispute Settlement." Indonesian Journal of Law and Society 1, no. 2 (September 30, 2020): 181. http://dx.doi.org/10.19184/ijls.v1i2.19345.
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This paper aims to revisit the procedures for internal dispute resolution of political parties through political party courts. Reformulation is the stage of law enforcement in abstracto by the legislature or is limited to the formulation of provisions and substances that will be regulated in law in accordance with the situation and conditions, both present and future. The political party court is an important institution in the law enforcement process that has a mixed-function, namely as a regulator, administrator, and even adjudicator with a quasi-judicial nature. Internal dispute resolution brought to the political party court is to ensure the freedom of political parties, as well as to limit government interference which can lock in the freedom and role of political parties as one of the institutions needed to exercise people's sovereignty. Thus, it is urgent to have the idea of reformulating the procedural arrangements of the political party court which are in accordance with the principles of justice and can be accounted for. This is an answer to the problems of political party disputes so that these dispute cases can be accommodated through strict and perfect regulations.KEYWORDS: Reformulation, Political Party Court, Dispute Resolution, Political Parties.
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Agmon, Iris. "Recording Procedures and Legal Culture In the Late Ottoman Shari'a Court Of Jaffa, 1865-1890." Islamic Law and Society 11, no. 3 (2004): 333–77. http://dx.doi.org/10.1163/1568519042544376.
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AbstractIn the 1870s, a new procedure for recording cases in the shari'a courts was officially introduced by the Ottoman judicial administration. In this essay I explore the implementation of this innovation in the Jaffa court between the years 1865 and 1890. My sources include the Jaffa court records and the Ottoman regulations that specify the instructions about the new recording procedure. I argue that the court of Jaffa was a site of ongoing changes that were part of its legal culture. The judges and court scribes were regularly involved in creating new recording practices through trial and error. Thus, legal reform, from the perspective of the Jaffa court, was not the exclusive domain of the imperial center. The local court played an active role in it.
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Lind, E. Allan, Maureen Ambrose, Maria de Vera Park, and Carol T. Kulik. "Perspective and procedural justice: Attorney and litigant evaluations of court procedures." Social Justice Research 4, no. 4 (December 1990): 325–36. http://dx.doi.org/10.1007/bf01126779.
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Burenko, Roman. "THE ASPECTS OF THE DEVELOPMENT OF ADMINISTRATIVE JUSTICE IN THE REPUBLIC OF TAJIKISTAN AFTER 1991." Administrative law and process, no. 3(38) (2022): 72–86. http://dx.doi.org/10.17721/2227-796x.2022.3.06.
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The purpose of the scientific article is to study the problems of the development of administrative justice in the Republic of Tajikistan after 1991. Despite the fact that in this country the Code of Administrative Procedures was adopted in 2007, which determines the procedure for the preparation, adoption and execution of administrative legal acts, consideration of administrative applications and complaints, the implementation of proceedings on administrative procedures in court, the interaction of administrative bodies, some part of the cases characterized by administrative and public disputes is considered within the framework of the Civil Procedure Code of the Republic of Tajikistan dated January 5, 2008, as well as within the framework the Code of Economic Procedure of the Republic of Tajikistan dated January 5, 2008. The article gives advice on the harmonization of legislation in the field of consideration of administrative and public disputes. In addition, in order to improve the judicial system of Tajikistan, it is proposed to create administrative courts in the Republic of Khatlon Region, Sogdian Region, Gorno-Badakhshan Autonomous Region, the capital – Dushanbe, as well as in the economic courts of these regions. Alternatively, at the first stage, it is essential to create judicial chambers for administrative cases in the courts of these regions, as well as for administrative cases in the Supreme Court of the Republic of Tajikistan and the Supreme Economic Court of the Republic of Tajikistan.
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Sánchez, Kevin Toro. "The right to reparations in the contentious process before the African Court on Human and Peoples' Rights: A comparative analysis on account of the revised Rules of Court." African Human Rights Law Journal 21, no. 2 (December 31, 2021): 1–24. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a32.
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The purpose of this article is to examine the possible repercussions that the revised Rules of the Court adopted in September 2020 may have on the right to reparations. In particular, the article focuses on the two procedures to issue a judgment on reparations, specific procedures and third party interventions. The information therein has been assembled by reviewing relevant regional legal instruments such as the African Charter, the African Court Protocol and the Rules of Procedure of the African Commission and the Court with their counterparts in the European and Inter-American systems, as well as through an appraisal of pertinent case law. The revision of the Rules of Court demonstrates a constructive attempt by the African Court to clarify previously imprecise rules, expand the scope of specific procedures and reiterate its competencies. These additions are evident in the new arrangement of the contents of an application, and the inclusion of the pilot-judgment procedure or the revised Rule 72 which reaffirms the binding nature of all Court decisions. The article highlights relevant changes to the Rules of Court while arguing that additional rules need to be amended or expanded to more effectively guarantee the right to reparations. To that end, it provides recommendations for the African Court to consider.
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Horgos, Lívia. "Thought fragments of Preliminary Session in Relation to Accusation and Evidentiary Procedure." Belügyi Szemle 69, no. 6. ksz. (December 1, 2021): 89–106. http://dx.doi.org/10.38146/bsz.spec.2021.6.6.
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The present study focuses on preliminary session, which was altered in its function by the resolutions of the new Law of Criminal Procedure (entering into force in 2018), that is Act XC of 2017 (henceforth LCP) with special regard to the relationship between accusation and evidentiary procedure with the help of a case. I also examine the rules of criminal procedure codified in Hungarian judicature, the function and influence of preliminary session, the main characteristics and the place of preliminary session among procedural forms of court procedures. The study examines whether preliminary session regulated by LCP meets the requirements and checks indictment eliminating unsubstantiated procedures. In case it fails to do so, what further regulations are needed to be added to present ones in order to meet requirements with special regard to codification policy embodied in criminal judicature, especially effectiveness, promptness, simplicity and coherence. I examine in details the possibility whether it could be the right and obligation of the court to examine not only the means of evidence deriving from legal elements and other informative elements contained in the presented indictment but also the legality of preliminary sessions and investigation procedures as a legal condition of initiating a court procedure. The study describes the regulation of LCP concerning evidentiary procedures in the preliminary session emphasizing the modifications by Act XLIII of 2020 concerning the interrogation of the accused. I examine its significance and point out whether anomalies in connection with the limits of evidentiary procedure are successfully eliminated in judicature.
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Nobles, Richard, and David Schiff. "The Supervision of Guilty Pleas by the Court of Appeal of England and Wales – Workable Relationships and Tragic Choices." Criminal Law Forum 31, no. 4 (July 7, 2020): 513–52. http://dx.doi.org/10.1007/s10609-020-09400-2.
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AbstractThe judgments of criminal appeal courts are an example of Calabresi and Bobbitt’s concept of ‘tragic choice’. Judges justify convictions by reference to the values which they attribute to criminal procedures: fairness, truth and rights, rather than the full range of considerations which have influenced the introduction of those procedures: cost, efficiency, crime control, public perceptions of crime, etc. The difficulties facing the Court of Appeal in justifying convictions by juries after a full trial are multiplied in the case of convictions following guilty pleas. A procedure which on its face is less capable of identifying guilt than a trial, has to be defended on the basis that it is overwhelmingly more capable of identifying guilt (or so fair as to justify disregarding the possibility of innocence). Recent changes to the plea system restricting maximum sentence discounts to pleas made at the earliest opportunity further distance guilty pleas from the protections afforded by trial, and compound the difficulties in justifying these convictions as ‘safe’. With guilty pleas we have reached a situation where the Court of Appeal seems unable to provide a remedy for miscarriages, but instead, like the judges of the 19th century opposing the creation of the Criminal Court of Appeal, claims the procedure is so safe that there is little or no need for review, even in cases of procedural irregularity (short of abuse of process) or new evidence (short of exoneration).
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Kutnjak Ivković, Sanja, Darko Datzer, and John Hagan. "Postwar Justice in Bosnia and Herzegovina." International Criminal Justice Review 31, no. 2 (January 13, 2021): 161–81. http://dx.doi.org/10.1177/1057567720984621.
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This article explores the perceptions of justice expressed by victims of severe violations of human rights in Bosnia and Herzegovina (BiH) who have testified before the International Criminal Tribunal for the former Yugoslavia (ICTY) and/or the Court of BiH. In 2009, we surveyed 495 members of a victims’ association and inquired about their perceptions of postwar justice. The respondents were more likely to assess the ICTY than the Court of BiH as fair both in terms of its decisions and procedures. Compared to the perceptions of procedural justice, perceptions of distributive justice were more strongly correlated with the assessments of both courts’ overall fairness. Multivariate logistic regression models reveal that measures of procedural justice are directly related to the respondents’ evaluations of the both courts’ fairness, while demographic factors were mostly unrelated to their evaluations of the two courts. The results of our study suggest that the respondents who said that they testified at the ICTY had more positive views about both the ICTY and the Court of BiH than the respondents who said that they either testified at both courts or only at the Court of BiH.
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Mortensen, Reid. "Comity and Jurisdictional Restraint in Vanuatu." Victoria University of Wellington Law Review 33, no. 1 (July 1, 2002): 95. http://dx.doi.org/10.26686/vuwlr.v33i1.5852.
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This article revisits Pacific Courts' treatment of two procedural tools for locating litigation in the best court: the doctrine of forum non conveniens and the anti-suit injunction. The recent reporting of the Vanuatu Court of Appeal's decision in Chan Wing (Vanuatu) Limited v Motis Pacific Lawyers shows that the court accepted orthodox principles for both procedures, representing an improvement in adjudication on the conduct of international litigation in the Pacific. Chan Wing also reveals a technique by which courts exercising the jurisdiction to grant anti-suit injunctions can unilaterally improve the enforceability of their own judgments in other countries. It is suggested that respect for international comity in Pacific Island adjudication has reached new heights in the principles stated in Chan Wing for the plea of forum non conveniens and the grant of anti-suit injunctions. However, it also seems that the Court of Appeal's efforts at enhancing the extraterritorial enforcement of its own judgments offends settled principles governing friendly and courteous relations between courts.
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KAZIKHANOVA, S. S. "ON THE NATURE OF RELATIONSHIPS FOR RECONCILIATION AND THE DESIRABILITY OF THEIR REGULATION IN CIVIL PROCEDURAL CODES." Herald of Civil Procedure 11, no. 3 (August 30, 2021): 109–31. http://dx.doi.org/10.24031/2226-0781-2021-11-3-109-131.
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The article analyzes the changes made to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative Code of the Russian Federation by the Federal Law of 26 July 2019 No. 197-FZ, related to the regulation of conciliation procedures. The question is raised as to whether the civil procedural codes should regulate relations on reconciliation and to what extent. Agreement is expressed with those authors who believe that, by their nature, the relations that develop in conciliation procedures between its participants (including in cases where the conciliation procedure is directed by a judge) are not procedural and are not part of the subject of civil procedural law. The non-procedural nature of the relationship between the judicial conciliator and the court in the procedure of judicial conciliation under the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative code of the Russian Federation is substantiated. It is concluded that due to the qualitatively different nature of reconciliation relations from civil procedural relations, as well as their lack of connection with the resolution of a civil case in a certain system of guarantees (civil procedural form), there is no place for articles on individual conciliation procedures among procedural norms. In this regard, it is proposed to either exclude them, or, as an option, transfer them to the appendix to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Administrative code of the Russian Federation (just as in the Civil Procedure Code of 1964 there was an appendix, in particular, about the arbitration court).
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Lang, Michael. "ECJ and Mutual Agreement Procedures." Intertax 42, Issue 3 (March 1, 2014): 169–72. http://dx.doi.org/10.54648/taxi2014018.
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The Mutual Agreement Procedure (Article 25 OECD Model Convention) is a rather helpful tool to sort out all kind of interpretation conflicts between two contracting states. If tax treaties are in an intra-Union setting replaced by a Directive and if the content of the OECD Model Convention is transformed in such a Directive, the Court of Justice would become competent to solve all interpretation issues. There does not seem to be room for a MAP any more. However, the author explains that the settled case-law of the Court of Justice allows to give some room for the MAP, although the Court of Justice has to have the last word.
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Musjtari, Dewi Nurul, Benny Riyanto, and Ro’fah Setyowati. "REFORMULATION OF MEDIATION IN DISPUTE SETTLEMENT ON ISLAMIC BANKING." Humanities & Social Sciences Reviews 7, no. 4 (September 4, 2019): 184–94. http://dx.doi.org/10.18510/hssr.2019.7424.
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Purpose of the study: The general objective of this study was to explore the potential of the mediation process as a reformulation of Islamic banking dispute settlement after the Supreme Court Regulation (SCR) on mediation procedure in the court. On the one hand, this study tries to find a repositioning of mediation procedures in resolving disputes over Islamic Banking in religious courts.
Methodology: This research was normative and empirical. The data collection techniques of this literature would be done utilizing literature study and field research. Primary data was obtained through field research with interviews. The participants from Judges of Religious Court, Abdul Manan as a Judge of in the Supreme Court Institution, Islamic banking legal unit. Data were processed by a qualitative descriptive analysis technique. Secondary data used consisted of primary legal material sourced from SCR No. 1 of 2016 and the contract.
Principal Findings: The mediation process as a reformulation of Islamic banking dispute settlement especially in the Religious Court is according to Article 2 Paragraph (1) SCR No. 1 of 2016. The repositioning of mediation procedures in resolving Islamic banking disputes in the Religious Courts applied by making changes as part of the case registration process implemented through honesty, fidelity, and justice.
Applications of this study: This paper is essential for the parties to get the legal certainty in maintaining the continuing development of Islamic banking business, product development, risk management and efficiency of the bank. The study may be instrumental in helping to improve the development of the legal studies programs, notably the Islamic Economic Law. The results of this study will provide benefits for the religious court to improve its performance effectively and efficiently in dispute settlement through mediation.
Novelty/Originality of this study: Determination of the mediation as reformulation of dispute settlement on Islamic banking post-enactment or issuance of the SCR No. 1 of 2016 and to find out about repositioning of the mediation procedure and proposing changes in the position (repositioning) of the mediation process and reaffirming the roles, duties and accountability of professional mediators or non-judge mediators so that it is expected that the role of non-judge mediators can active in resolving Islamic banking disputes both in procedures in the court or outside the courts applied at the Indonesian Religious Court. The contribution of this paper will be the revision of the curriculum of legal studies and Islamic Economic Law. The importance for researchers of the study is to develop and improve the capability of researchers for developing the law study program called Islamic Economic Law.
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Siswajanthy, Farahdinny, and Abid . "GUGATAN SEDERHANA DALAM PENYELESAIAN SENGKETA EKONOMI SYARIAH DI INDONESIA." PALAR | PAKUAN LAW REVIEW 7, no. 2 (August 8, 2021): 147–59. http://dx.doi.org/10.33751/palar.v7i2.3737.
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ABSTRAKSengketa ekonomi syariah diselesaikan di pengadilan agama sesuai dengan Undang-Undang Nomor 50 Tahun 2009 tentang Perubahan Kedua Atas Undang-Undang Nomor 7 Tahun 1989 tentang Peradilan Agama, Peraturan Mahkamah Agung Nomor 2 Tahun 2008 tentang Kompilasi Hukum Ekonomi Syariah (KHES) dan Peraturan Mahkamah Agung Nomor 14 Tahun 2016 tentang Tata Cara Penyelesaian Perkara Ekonomi Syariah, dimana penyelesaian sengketa ekonomi syariah tersebut biasa disebut dengan gugatan biasa dan dianggap tidak efektif dan efisien, karena penyelesaian sengketanya memakan waktu yang lama sebagai akibat dari pemeriksaan yang sangat formalitas dan sangat teknis serta memerlukan biaya yang tidak sedikit. Pelaksanaan penyelesaian sengketa ekonomi syariah di Pengadilan Agama dilakukan dengan 2 (dua) cara yaitu melalui prosedur acara biasa dan melalui prosedur acara sederhana. Sesuai dengan azas yang berlaku pada hukum acara perdata yaitu cepat, sederhana, dan biaya ringan maka Mahkamah Agung mengeluarkan peraturan mengenai gugatan sederhana yaitu Peraturan Mahkamah Agung Nomor 2 Tahun 2015 tentang Tata Cara Penyelesaian Gugatan Sederhana yang kemudian ada perubahannya dalam Peraturan Mahkamah Agung Nomor 4 Tahun 2019 tentang Perubahan Atas Peraturan Mahkamah Agung Nomor 2 Tahun 2015 tentang Tata Cara Penyelesaian Gugatan Sederhana. Dengan dikeluarkannya PERMA tersebut diharapkan penyelesaian sengketa ekonomi syariah dapat dilakukan dengan tidak memerlukan waktu yang lama yang artinya memangkas prosedur yang panjang menjadi lebih sederhana. Kata kunci : Peradilan agama, Sengketa, Ekonomi Syariah. ABSTRACTSharia economic disputes are resolved in religious courts in accordance with Law Number 50 of 2009 concerning the Second Amendment to Law Number 7 of 1989 concerning Religious Courts, Supreme Court Regulations Number 2 of 2008 concerning Compilation of Sharia Economic Law (KHES) and Supreme Court Regulations Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases, where the settlement of sharia economic disputes is commonly referred to as an ordinary lawsuit and is considered ineffective and inefficient, because the dispute resolution takes a long time as a result of a very formal and very technical examination and requires a fee. which is not small. The implementation of sharia economic dispute resolution in the Religious Courts is carried out in 2 (two) ways, namely through ordinary procedures and through simple procedures. In accordance with the principles that apply to civil procedural law, namely fast, simple, and low cost, the Supreme Court issued a regulation regarding simple lawsuits, namely Supreme Court Regulation Number 2 of 2015 concerning Procedures for Settlement of Simple Lawsuits which was later amended in Supreme Court Regulation Number 4 of 2015 2019 concerning Amendments to the Regulation of the Supreme Court Number 2 of 2015 concerning Procedures for Settlement of Simple Lawsuits. With the issuance of the PERMA, it is hoped that the settlement of sharia economic disputes can be carried out without requiring a long time, which means cutting long procedures into simpler ones. Keywords: Religious Courts, Disputes, Sharia Economics.
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Endang, M. Ikbar Andi, Mohamad Fadli, Istislam, and Dewi Cahyandari. "Examining The Shift in The Procedural Law of The Administrative Court: Discourse on Changes in Society and The Judiciary." KRTHA BHAYANGKARA 16, no. 1 (April 3, 2022): 31–50. http://dx.doi.org/10.31599/krtha.v16i1.1023.
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Shifting the procedural law of the Administrative Court is a necessity. This happened as an effort to respond to the absence of arrangements for resolving administrative disputes and government administration regulated in sectoral laws. The Supreme Court through Perma responded to the void in legislations regarding the procedures or procedures for this matter. To analyze the context, this study uses a legal approach, a historical approach, and a conceptual approach. Based on the analysis, it can be seen that there is a shift in the conservative setting from the procedural law of the Administrative Court towards a procedural law system with a progressive setting nuance. This can be seen with changes in procedures, both in terms of reducing the levels of examination, reducing the process of proceedings, and determining the grace period for the event process. With this progressive system, the renewal of the case administration system and the electronic trial go hand in hand. Interpreting the dynamics between law and the judiciary with changes in society, the momentum for changes in the procedural law of the Administrative Court with social changes in society accommodates legal certainty and the principles of a simple and fast trial. Consequently, the shift in the character of the Administrative Court requires proper legislation in a law that regulates the procedural law of the Administrative Court
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Poryvaev, S. A. "Proceedings for the Resolution of Judicial and Non-Judicial Administrative Disputes as Part of the Administrative Process." Siberian Law Review 18, no. 3 (October 21, 2021): 350–58. http://dx.doi.org/10.19073/2658-7602-2021-18-3-350-358.
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Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of procedures of the administrative process implemented in judicial and non-judicial forms. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative disputes. On this basis, the fact is noted that the modern development of administrative law and process should be based on constitutional norms, which implies a significant transformation of the relationship between public authorities and private individuals, turning the latter into a full-fledged subject of administrative legal relations, creating new functions of administrative legal regulation. The research paper analyzes the existing administrative-procedural legislation regulating both non-judicial and judicial procedures for resolving administrative disputes. The specifics of individual legislative acts in this area are studied. In particular, a comparison is made between the general and special procedures for resolving out-of-court administrative disputes. The research paper analyzes the legal regulation of such procedures, the features of individual methods of legislative regulation of the out-of-court procedure for resolving administrative disputes are noted. The article also compares administrative recovery and administrative-rehabilitation administrative disputes. Judicial resolution of administrative disputes has significant specifics due to the special place of the judiciary in a state governed by the rule of law. This is expressed in the special legal consequences of a court decision, as well as in the application of administrative legal principles for more effective protection of the rights and legitimate interests of participants in legal relations. Based on the results of the study, conclusions are drawn about the fact that within the framework of administrative procedure legislation, proceedings are formed to resolve administrative disputes both out of court and in court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production. The consolidation of the procedures for resolving out-of-court administrative and legal disputes should be carried out in a single legislative act, and not within the framework of separate laws and subordinate legal acts. In addition, the resolution of judicial administrative and legal disputes should also be unified within the framework of the Code of Administrative Proceedings of the Russian Federation, however, taking into account the positive elements that are currently available in the Code of Arbitration Proceedings of the Russian Federation.
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Sarvarian, Arman. "Procedural Economy at the International Court of Justice." Law & Practice of International Courts and Tribunals 18, no. 1 (May 8, 2019): 74–100. http://dx.doi.org/10.1163/15718034-12341396.
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Abstract In April 2016, the International Court of Justice held a colloquium to commemorate the 70th anniversary of its establishment. One of the principal themes of this event was the potential adoption of improvements to the procedures and working practices of the Court. Responses to a Counsel Survey revealed a general interest in procedural reform at the Court, particularly with respect to the areas of evidence and procedural efficiency. The purpose of this article is to set out a case for procedural reform at the ICJ, presenting multiple options, with supplementary reference to the ITLOS. Whereas the work of the Committee also addresses procedural integrity or “the sound administration of justice”, this contribution will focus upon the Court’s case management procedures to call for their reform in order to enhance procedural economy. This would enable the Court to improve its “throughput” to be able to cope with an expanded caseload.
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Hanifah, Mardalena. "PERBANDINGAN TUGAS MEDIATOR PADA PENGADILAN AGAMA INDONESIA DENGAN MAHKAMAH SYARIAH MALAYSIA." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 2 (March 8, 2021): 101. http://dx.doi.org/10.36913/jhaper.v6i2.134.
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Article 3 (2) Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures, Case Examining Judges in the consideration of a decision must state that the case has been pursued peace through mediation by mentioning the mediator. The court is not only tasked with examining, trying, and resolving cases it receives but also seeks to reconcile the parties. The court, which has been impressed as a law enforcement and justice institution, now appears as an institution that seeks peaceful solutions for the parties. The implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts can be an eff ort to resolve civil disputes so that the settlement of civil disputes through mediation is the main choice. The research method used is normative legal research which includes research on legal principles which is very basic in guided law. The nature of the research carried out is descriptive, namely research that describes and explains in clear and detailed sentences. The data used are secondary data obtained from literature, consisting of primary, secondary, and tertiary legal materials. Processing and data analysis used qualitative methods. The defi nition of mediation according to the Religious Courts in Indonesia and the Syari’ah Courts in Malaysia is the eff ort of the judges and courts to reconcile the parties so that the divorce process does not continue at the next trial. When the mediation process was carried out at the Indonesian Religious Court and the Syari’ah Court in Malaysia, there was a similarity, namely the mediation process was carried out at the fi rst trial and it was an obligation for the disputing parties in a divorce case to take mediation. according to the procedure for the appointment of mediators at the Indonesian Religious Courts and the Syari’ah Courts in Malaysia and the appointments of these mediators are both made by the judges.
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Sikary, Asit Kumar, and D. N. Bhardwaj. "Doctor’s Witness and Court Procedures in India." Journal of Forensic Chemistry and Toxicology 2, no. 1 (2016): 37–44. http://dx.doi.org/10.21088/jfct.2454.9363.2116.7.
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Lanyon, Richard I. "Psychological assessment procedures in court-related settings." Professional Psychology: Research and Practice 17, no. 3 (June 1986): 260–68. http://dx.doi.org/10.1037/0735-7028.17.3.260.
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