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Journal articles on the topic 'Judgment executions'

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1

Putri, Gita Ananda, and Yatini. "Analisis Penyelesaian Sengketa Bisnis antara PT. Menara Hasil Jaya dan PT. Sumber Alam Cemerlang." International Journal of Politic, Public Policy and Environmental Issues 5, no. 1 (2025): 17–24. https://doi.org/10.53622/ij3pei.v5i1.338.

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This study examines the resolution of a business dispute between PT. Menara Hasil Jaya and PT. Sumber Alam Cemerlang based on Civil Decision Number 76/Pdt.G/2020/PN.Smr, which has permanent legal force. The primary focus of this research is to analyze the litigation process undertaken by both companies, including the obstacles faced in executing the judgment. The research method employed is normative legal research with a case approach, involving the analysis of legal documents and interviews with relevant parties. The findings reveal that although PT. Menara Hasil Jaya won the case, the execu
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Manik, Junjung Sahala Tua, Retno Sunu Astuti, and Ida Hayu Dwimawanti. "Eksekusi Jaminan Fidusia: Mengamankan Aset Kreditur atau Melindungi Harta Debitur." Jurnal Administrasi Bisnis 9, no. 2 (2020): 174–86. http://dx.doi.org/10.14710/jab.v9i2.31224.

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The published of the Fiduciary Law (UUJF) No 42 of 1999 to provide legal security for credit financing vehicles. One of the legal security is who the executor when credit was bad debt. In fiduciary law, the authority to execution is on the creditor. The goal of the execution must be peaceful, without conflict. Implementation Grindle's theory on this research found that many executions caused a commotion and conflicts, disturb the debtor and others. This condition shows that fiduciary law has not succeeded in protecting the interested parties, debtors, and creditors. A good policy gives benefit
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Knoops, Geert-Jan Alexander. "Military Criminal Responsibilities for Targeting Suspected Terrorists within (International) Armed Conflicts: Towards a Uniform Framework." International Criminal Law Review 8, no. 1-2 (2008): 141–59. http://dx.doi.org/10.1163/156753608x265268.

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AbstractThis article examines a new form of counterterrorism measures exercised by states namely preventative targeting of alleged terrorists. The analysis conducted in this article is based on a judgment of the Israeli Supreme court of 13 December 2006 where this issue was addressed in the context of an international armed conflict. The author critically assesses the various aspects of this judgment in view of contemporary principles of contemporary international (criminal) law. In particular, it focuses on the main question whether this form of counter terrorism complies with the underlying
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Ariadi Subagyono, Bambang Sugeng, and Ghansham Anand. "THE PROBLEMATICS OF EXECUTION LAW AGAINST NON-EXECUTABLE JUDGMENTS AND COMPARISONS WITH MALAYSIAN LAW." JURISDICTIE 9, no. 2 (2019): 244. http://dx.doi.org/10.18860/j.v9i2.5592.

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<p>In public courts, the litigation of civil case is under civil law procedure. This is a legal regulation to maintain material civil laws. The procedural law is also a way to file a particular civil case to civil court and to organize judges’ ways in making judgment toward legal subject. Civil law procedure prevents any vigilante actions that creates public legal order. Judiciaries provide protection for legal subject in preserving their rights and prevent any arbitrary actions. After case investigation process set under procedural law, a court judgment is made to judge and solve case.
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Марасинова, Елена. "Казнь после казни: власть и тело преступника после смерти в России начала XVIII в." ВИВЛIОθИКА 12 (24 грудня 2024): 32–56. https://doi.org/10.21900/j.vivliofika.v12.1826.

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The article is dedicated to the relationship between the authorities and the Church regarding the body of a criminal after execution. Such an existential event for society traditionally fell within the realm of religious beliefs and church rituals. At the same time, the death penalty has always undoubtedly been one of the most important channels of social control and a means of intimidating subjects. It was during the first quarter of the eighteenth century, under the rule of Peter I, that church rituals and the dogmas of the Last Judgment gradually began to give way to the demonstration of th
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Haykal, Hassanain, and Theo Negoro. "ONE NUMBER ONE CITIZEN IN INDONESIA: SOLUTION FOR PROBLEMATIC IN COURT EXECUTION ISSUES." Dialogia Iuridica 14, no. 1 (2022): 142–66. http://dx.doi.org/10.28932/di.v14i1.5462.

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Implementation of executions in civil cases in the Indonesian legal system hitherto still leaves legal problems, one of which is in the event that Execution Applicant is not aware of the assets is under collateral upon the execution request while Execution Respondent refuse to implement a final and binding court judgment. Therefore, the study aims to further examine concept of One Number One Citizen as a proposed regime. The study wields a normative juridical method with a conceptual approach that aims to explain the importance of the implementation of a new concept of One Number One Citizen i
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D'Amato, Maurizio, Giuseppe Cucuzza, and Giampiero Bambagioni. "Appraising forced sale value by the method of short table market comparison approach." Aestimum 82 (December 8, 2023): 39–50. http://dx.doi.org/10.36253/aestim-13808.

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For International Valuation Standards (IVS) the estimate of the “forced sale” value implies a value judgment with reference to a degeneration of the market value basis, since “a forced sale” is a description of the situation in which the exchange takes place, not a distinct basis of value (IVS 2022, Par. 170.1).The paper illustrates a model that can be used to measure the difference between market value and forced sale value, as an aid to real estate valuations related to real estate executions. The proposed method is aimed at determining the difference between the estimated values and the fin
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Djukanovic, Andjela. "The execution of judgments of the European court of human rights - current issues." Medjunarodni problemi 70, no. 2 (2018): 208–30. http://dx.doi.org/10.2298/medjp1802208d.

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The regional protection of human rights before the European Court of Human Rights is indisputably the most efficient, and it is constantly evolving. Despite this, we have recently started to detect some problems with the execution of judgments that have revealed structural or systemic problems in the domestic law. Maintaining the authority of the Court's judgments is fundamental for the functioning of the established system of human rights protection. Significant news concerning the execution of judgments of the European Court of Human Rights is that the refusal of the responsible country to e
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9

Lee, Hyo-In. "Reviews on the Alteration to the Indirect Compulsory Performance at the Time of the Judgment on the Merits : Focusing on Changes in Circumstances." Institute for Legal Studies Chonnam National University 44, no. 4 (2024): 163–92. https://doi.org/10.38133/cnulawreview.2024.44.4.163.

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Article 191(1) of the Civil Execution Regulation states that a change in circumstances permits alterations to indirect compulsory performance. The Supreme Court has authorized indirect compulsory performance at the time of the judgment on the merits (hereinafter referred to as “Indirect Compulsory Performance”). This paper explores whether Indirect Compulsory Performance can be modified when circumstances change after the judgment. Altering the final Indirect Compulsory Performance contradicts its res judicata effect, and the Civil Execution Regulation cannot be directly applied to make such a
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Lee, Hyo-In. "Reviews on Indirect Compulsory Performance at the Time of the Judgment on the Merits: focusing on appeal process, pronouncement of provisional execution, and addition of claims at appellate trial." Institute for Legal Studies Chonnam National University 43, no. 4 (2023): 129–52. http://dx.doi.org/10.38133/cnulawreview.2023.43.4.129.

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Indirect compulsory performance is a method used by a court to enforce irreplaceable acts or omissions. The Supreme Court has allowed indirect compulsory performance at the time of the judgment on the merits (referred to as “Indirect Compulsory Per- formance” herein) since 1996. This paper focuses on some legal issues that may arise in trials involving Indirect Compulsory Performance. First, the appeal process for Indirect Compulsory Performance should follow the same procedures as those for judgments on the merits. This ensures that Indirect Compulsory Performance can be executed either concu
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Erken, Elif. "Non-Governmental Organisations and National Human Rights Institutions monitoring the execution of Strasbourg Judgments: An Empirical Perspective on Rule 9 Communications." Human Rights Law Review 21, no. 3 (2021): 724–51. http://dx.doi.org/10.1093/hrlr/ngab007.

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Abstract This article considers a scarcely explored perspective in relation to the execution of judgments of the ECtHR, notably, the formal involvement of NGOs and NHRIs. Rule 9(2) of the Committee of Minister Rules’ allows NGOs and NHRIs to participate in the supervision process for the execution of the Court’s judgments by submitting reports (Communications) in which these actors review and assess domestic authorities’ performance with respect to judgment execution. On the basis of interviews with important stakeholders, this article provides an all-round user-based perspective of this Rule
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Оганесян, Тигран, and Tigran Oganesyan. "THE PILOT JUDGMENT PROCEDURE OF THE EUROPEAN COURT OF HUMAN RIGHTS: LEGAL NATURE AND CONTENT." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 126–32. http://dx.doi.org/10.12737/article_593fc343d8a884.43909377.

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This article is devoted to analysis of the legal nature and essence of the procedure of pilot judgments of the European Court of Human Rights. The article contains the reviews and ratings ECtHR judges and scholars regarding the procedure of the pilot judgments. The author examines the terminology used in the framework of the pilot judgment procedure, taking into account the views of other researchers on the definition of a pilot judgment and other phenomena that are contained in the procedure for pilot judgments. Among the objectives of the pilot judgment procedure, the author focuses on ensur
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Salmani, Ghasem, Parviz Zokaeiyan, and Beytollah Divsalar. "Explaining Manifest Contradiction with Islamic Sharia from the Perspective of Islamic Jurisprudence and Statutory Law." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 5 (2024): 129–39. https://doi.org/10.61838/csjlp.6.5.8.

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In the Iranian legal system, the principle is that judgments issued by the relevant courts become final after the exhaustion of appellate procedures. Once the judgment attains finality, the ruling proceeds to the execution stage. However, there are exceptions where a final judgment may be revoked, and the execution process halted. Among these exceptions is the issuance of a judgment that is manifestly contradictory to Islamic Sharia, as reflected in Article 477 of the Code of Criminal Procedure. Given that Iran's legal system is derived from and influenced by Shi'a jurisprudence, no law should
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14

Glas, Lize R. "The European Court of Human Rights supervising the execution of its judgments." Netherlands Quarterly of Human Rights 37, no. 3 (2019): 228–44. http://dx.doi.org/10.1177/0924051919861844.

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The European Convention on Human Rights (‘Convention’) provides that the Committee of Ministers shall supervise the execution of the European Court of Human Rights’ (‘Court’) judgments. This article aims to address the question whether, despite what the Convention provides, the Court is involved in supervising the execution of its judgments. Additionally, this article addresses the question what the Court does when it is engaged in this exercise. In order to answer these two questions, four aspects of the Court's practice that are linked to the execution process are examined. These are the fou
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Xiao, Jie. "IoT Applications in the Innovation System of Enterprise Human Resource Performance Management Based on the Integration of Big Data." Wireless Communications and Mobile Computing 2022 (October 12, 2022): 1–10. http://dx.doi.org/10.1155/2022/3737998.

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Under the pattern of financial globalization, execution the executives has drawn in a great deal of consideration from scholarly and industry. Related empowering innovations make the human asset execution the executives business smarter. As one of the vital innovations in man-made brainpower, huge information-driven examination further develops the presentation seriousness of human asset industry by mining the secret information worth and expected capacity of modern huge information and assists undertaking pioneers using sound judgment in different complex human asset execution the executives
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Dzehtsiarou, Kanstantsin. "Mammadov v. Azerbaijan (Eur. Ct. H.R.)." International Legal Materials 59, no. 1 (2020): 35–88. http://dx.doi.org/10.1017/ilm.2020.1.

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The judgment of the European Court of Human Rights (ECtHR, or the Court) in Mammadov v. Azerbaijan was the first “infringement procedure” judgment pursuant to Article 46(4) of the European Convention on Human Rights (ECHR, or the Convention). This procedure was introduced to the Convention by Protocol 14, which entered into force in 2010. The idea behind it was that the Committee of Ministers—the body of the Council of Europe that supervises the execution of judgments of the ECtHR—could return the case to the Court to confirm that the responded state had failed to enforce it. Although there ar
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Rifai, Eddy, and Rakhmat Triyono. "Eksekusi Barang Rampasan Hasil Tindak Pidana Kehutanan Pasca Putusan Mahkamah Konstitusi Nomor 021/PUU-III/2005." Jurnal Konstitusi 12, no. 1 (2016): 43. http://dx.doi.org/10.31078/jk1213.

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This study examines the execution of the judgment against the spoils of crime in forestry. Research using normative juridical approach and empirical jurisdiction. Execution of judgments against the state spoils of criminal offenses in the field of forestry, the injunction decision declared goods confiscated for the state not to do execution the form of an auction, because of legislation prohibiting the sale of forest products obtained from crime in protected forests. Perspective execution of court decisions to loot the proceeds of crime in the field of forestry is to judge using breakthrough p
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Mahmod, Zulzaidi, та Ahmad Hidayat Buang. "Penulisan Penghakiman Menurut Perspektif Fiqh Al-Qaḍā’dan Aplikasi Mahkamah Syariah Di Malaysia". Jurnal Fiqh 18, № 2 (2021): 377–408. http://dx.doi.org/10.22452/fiqh.vol18no2.6.

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Islamic management strongly emphasizes the method of writing such as the writing of wills, debts, agreements and judgments. Judgment writing is an important aspect of the justice process. The writing of judgments is emphasized by the majority of fuqaha’ to ensure transparency in judicial proceedings. The purpose of writing this article to view at the approach outlined by Fiqh al-Qaḍā regarding the writing of judgments and applications of Syariah Courts in Malaysia based on the provisions of laws and the application of Practice Direction in Syariah Courts. The writing of this manuscript has rev
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19

Kim, Yeon. "On Cancellation of the Foreign Judgment after the Compulsory Execution by the Judgment of Execution." CIVIL PROCEDURE 24, no. 3 (2020): 307–47. http://dx.doi.org/10.30639/cp.2020.10.24.3.307.

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20

Wolanin, Mikołaj. "Wyrok Europejskiego Trybunału Praw Człowieka (wielka izba) z 11 lipca 2022 r. w sprawie Kavala przeciwko Turcji, skarga nr 28749/18 (postępowanie naruszeniowe)." Przegląd Konstytucyjny 2024, no. 2 (2024): 159. https://doi.org/10.4467/25442031pko.24.014.20430.

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The author has analysed and translated the judgment of the European Court of Human Rights of 11 July 2022 in the case of Kavala v. Turkey, application no. 28749/18, made on under the infringement procedure. In this judgment, the Court pointed out a number of previously unarticulated theses on: the enforcement of its judgments, the infringement procedure, the relationship between the Committee of Ministers and the Court, as well as the role of conducting the infringement procedure itself when the Committee of Ministers considers that a State Party to the Convention is refusing to comply with it
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Koroteev, Kirill. "Non-execution of Strasbourg Judgments against Russia: the Case for a Trust Fund." Russian Politics 9, no. 1 (2024): 121–34. http://dx.doi.org/10.30965/24518921-00901006.

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Abstract After being expelled from the Council of Europe, Russia passed a law on not complying with any judgment of the European Court of Human Rights that entered into force after 15 March 2022. In these circumstances, new approaches are required to safeguard the authority of the Court. This study considers the possible ways out of the deadlock. Firstly, it critically examines the Committee of Minister’ strategy on implementing Russian judgments, which is limited to registering outstanding obligations of the Russian Government under the Court’s judgments. Secondly, the frozen property in Euro
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Al-Azzam, Saad, and Samir Hadid. "The systematic treatment of the problem of implementing administrative provisions in light of the issuance of the Administrative Execution Law for the year 1443 AH IN SAUDI ARABIA." Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, no. 91 (December 12, 2022): 193–202. http://dx.doi.org/10.54940/si58657990.

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This research addresses the implementation of administrative judgments and is therefore of the utmost importance to the extent to which the Administration respects judgments that possess the force of the judgment. This is a manifestation of the rule of law and institutions. It is a measure of States' classification. The aim of this research is to know how administrative judgments are enforced, especially those against the administration, and what mechanisms have been put in place by the Saudi organization to deal with the phenomenon of refraining from executing administrative judgments. The ad
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Fabunmi, J. O., and O. O. Akai. "Execution of Judgments and Means of Enforcement Available to a Court in Nigeria." Journal of African Law 32, no. 2 (1988): 164–81. http://dx.doi.org/10.1017/s0021855300010706.

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SUMMARYAlthough the judiciary is the weakest branch of the government and must depend on the executive branch to enforce its judgments, it is not the integrity, or prestige of the judiciary that is at stake when the executive fails to comply, or to comply satisfactorily with court orders and judgments. In such situations, the authority of the state is called into question.Clearly, where private persons are unable to concretise their remedies by enforcement, the relevance of the whole judicial process is called into question. In this regard one may say that the existing rules of enforcement are
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Gardocki, Lech. "Double Criminality in Extradition Law." Israel Law Review 27, no. 1-2 (1993): 288–96. http://dx.doi.org/10.1017/s0021223700016952.

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1. The principle of double criminality is traditionally bound with institutions of international criminal law. Double criminality is a requirement not only with extradition, but also with the transfer of criminal proceedings and with execution of foreign sentences. International criminal law employs a range of “double conditions”, the common denominator of which is the requirement that two legal systems share a certain set of values or legal prescriptions. In addition to double criminality, international law uses such terms as “double punishability”, the “double possibility of criminal proceed
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Weyembergh, Anne, and Lucas Pinelli. "Detention Conditions in the Issuing Member State as a Ground for Non-Execution of the European Arrest Warrant: State of Play and Challenges Ahead." European Criminal Law Review 12, no. 1 (2022): 25–52. http://dx.doi.org/10.5771/2193-5505-2022-1-25.

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In its Aranyosi and Căldăraru judgment, the Court of Justice of the EU (CJEU) recognized explicitly for the first time the possibility for executing judicial authorities to deny the execution of European Arrest Warrants (EAWs) when there is a risk of breach of the requested person’s fundamental rights in the issuing Member State, more specifically, a risk relating to inhuman or degrading treatment because of the detention conditions. Two subsequent CJEU judgments brought complementary clarifications in this respect. These decisions have been welcomed as they have helped define the limits of
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Herasymenko, Ye S. "ROLE OF THE COMMISSIONER FOR THE EUROPEAN COURT OF HUMAN RIGHTS IN THE EXECUTION OF JUDGMENTS OF THE LATTER UNDER THE LAW OF UKRAINE." Constitutional State, no. 56 (December 15, 2024): 30–37. https://doi.org/10.18524/2411-2054.2024.56.315682.

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The article is devoted to outlining the place of the Commissioner for the European Court of Human Rights in the mechanism of execution of the judgments of this judicial institution as governed by the legislation of Ukraine. The significance of the study stems from the urgent need for a thorough and comprehensive research of the legislative basis of the activities of the Commissioner for the European Court of Human Rights in this direction due to its obsolescence and non-compliance with the quality standards of legal regulation. For this, in particular, the very role of the Commissioner for the
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Dinh, Thi Mai, Ngoc Thang Dinh, Thi Phuong Quynh Bui, and Anh Duc Nguyen. "Corporate criminal liability on environmental crimes in Vietnam." E3S Web of Conferences 203 (2020): 03014. http://dx.doi.org/10.1051/e3sconf/202020303014.

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From 00:00 on January 1, 2018, all environmental criminal acts of commercial entities are prosecuted for criminal liability. In order to investigate criminal liability for corporate legal entities, up to now, Vietnam have Criminal Code 2015, Criminal Procedure Code 2015 and Law on Execution of Criminal Judgment 2019. However, the competences, order and procedures of judgment excution for corporate legal entities that environmental commit crimes are still controversial and has been urgently discussed. The Penal Code 2015 on corporate legal entities has been in effect for nearly 5 years, but in
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Minchenko, D. "Types of measures regarding the implementation of decisions of the European Court of Human Rights in Ukraine." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 596–601. http://dx.doi.org/10.24144/2788-6018.2023.04.92.

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The article is devoted to determining the peculiarities of application of various types of measures in the mechanism of execution of judgments of the European Court of Human Rights in Ukraine.Based on the analysis of international legal acts, provisions of Ukrainian legislation and case law, the author describes the procedure for applying individual measures and general measures in the process of enforcement of judgments of the European Court of Human Rights in Ukraine. The author distinguishes the difference between the procedure for enforcement of judgments of the European Court of Human Rig
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Puji Prayitno, Kuat, Dwiki Oktobrian, Tedi Sudrajat, and Sri Wahyu Handayani. "Resolving execution of judgment in Indonesia investment fraud case to ensure asset recovery for victims." Revista Criminalidad 66, no. 3 (2024): 81–95. https://doi.org/10.47741/17943108.663.

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In response to investment fraud, the criminal justice system should place the victim at the centre, considering their financial loss. Indonesia has responded by establishing asset recovery for victims; however, there are signs of stagnation in its execution. This study aims to explain the causes and solutions to such stagnation so that victims can benefit from the justice system. This study uses a case study and statutory approach to analyse the operation of execution provisions in asset recovery. A case in the city of Cirebon (West Java Province) was selected because the execution has not bee
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Kennett, Wendy, Bert van Schaick, Maria José Capelo, et al. "Enforcement of judgments." European Review of Private Law 5, Issue 3 (1997): 321–428. http://dx.doi.org/10.54648/167334.

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The present Chronique examines the law on enforcement of judgments in ten European jurisdictions. (The term 'enforcement' rather than 'execution' is used because of the relatively narrow meaning of execution of a judgment within English law.) In the last seven years a number of the jurisdictions under consideration have made more or less extensive revisions of their laws on enforcement of judgments. Most notable is the complete overhaul of the law in France contained in L. 91-650 and D. 92-755. Less complete, but still substantial, revisions have been made in Portugal (Decree law 329-A/95 of 1
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Biskupski, Marcin. "Is One Step Enough? Serious Illness as a Ground for Non-execution of a European Arrest Warrant." Gdańskie Studia Prawnicze, no. 3(64)/2024 (September 15, 2024): 180–88. http://dx.doi.org/10.26881/gsp.2024.3.13.

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The subject of the commentary is the judgment of the Court of Justice regarding the possibility of non-execution of a European Arrest Warrant regarding a person suffering serious, chronic, and potentially irreversible illness. Since the Framework Decision on the European arrest warrant does not provide the ground for the non-execution of the warrant based on the threat to the health of the person concerned, the referring court was in doubt, whether such a premise can justify the non-execution of the warrant. The main legal problem dealt with in the commentary was the consideration of whether i
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Demetriades, Achilleas, and Alexandros Demetriades. "Using related Legal Systems to secure the Execution of just Satisfaction awarded by the ECtHR." Lexonomica 13, no. 2 (2021): 187–212. http://dx.doi.org/10.18690/lexonomica.13.2.187-212.20212.2021.

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The present article hopes to initiate a discussion concerning alternative methods through which applicants themselves can ensure that recalcitrant respondent States comply with their obligations to execute the judgments of the ECtHR. This may be done by mobilising related legal systems towards this end. This paper focuses on the 'just satisfaction' element of the judgment and examines one possible avenue through which applicants themselves can secure their payment. The relevant course of action has two elements: (i) securing the recognition of the ECtHR's order to pay within the national legal
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BIELOVA, Olena, Yevgeniy ROMANENKO, and Roman KAYDASHEV. "The Problem of Enforcing Court Judgments in the Context of Defending the Right to a Fair Trial." Journal of Advanced Research in Law and Economics 9, no. 7 (2019): 2272. http://dx.doi.org/10.14505//jarle.v9.7(37).09.

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The proposed paper analyzes in detail the Code of Administrative Procedure as amended by the Law of Ukraine №2147-VIII of 03.10.2017 and other regulatory legal acts concerning enforcing court judgments as to their compliance with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. Attention is given to the issues, which, in the opinion of the authors and despite the recent changes in procedural legislation, have gone unaddressed, namely the problem of enforcing court judgments in cases of holding a regulatory legal act unlawful and invalid; t
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He, Jinhui, Huirong Zhang, Zhenyu Zhang, and Jiaping Zhang. "Probabilistic Linguistic Three-Way Multi-Attibute Decision Making for Hidden Property Evaluation of Judgment Debtor." Journal of Mathematics 2021 (May 3, 2021): 1–16. http://dx.doi.org/10.1155/2021/9941200.

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Most law enforcement cases executed by the courts in China have behaviours of evading, evading, or even violently resisting execution or passively waiting for enforcement, which seriously affects the authority of legal judgments and the judiciary’s credibility. Therefore, we develop a hidden property evaluation model based on the probabilistic linguistic three-way multiattribute decision-making (PL3W-MADM) method. Considering the advantages of probabilistic linguistic term sets (PLTSs) expressing the evaluation information and their probabilities on judgment debtor given by expert judges, we e
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Glucksmann, Eloïse. "Commisimpex v. Republic of Congo." American Journal of International Law 111, no. 2 (2017): 453–60. http://dx.doi.org/10.1017/ajil.2017.30.

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The law in France regarding waivers of foreign state (or sovereign) immunity from execution of judicial judgments (based largely on consideration of international law principles) has recently undergone significant developments. Previously, French case law had required a foreign state's waiver of immunity from execution to be both express and specific to consider valid the attachment of foreign state property allocated to public services (including bank accounts used for the functioning of both diplomatic missions and delegations to international organizations). In 2015, the French Court of Cas
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Snidevych, O. "MEASURES FOR THE ENFORCEMENT OF JUDGMENTS AS MANIFESTATION OF DIFFERENTIATION OF EXECUTIVE PROCEDURAL FORM." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 116 (2021): 53–57. http://dx.doi.org/10.17721/1728-2195/2021/1.116-11.

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The article deals with the analysis of the concept of the enforcement of judgments as the manifestation of differentiation of the executive procedural form. It is stipulated that the executive procedural form in the execution of court decisions and decisions of other authorities is not the same for all enforcement proceedings. The executor and other participants of the enforcement proceeding perform different functions in the enforcement proceeding. It is suggested that in the enforcement process the measures for the enforcement of judgment, stipulated by the legislation on enforcement proceed
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Janus-Dębska, Anna. "THE TASKS OF A PROBATION OFFICER RELATED TO THE MONITORING OF PERFORMANCE OF PROBATIONAL OBLIGATIONS DURING THE TRIAL PERIOD IN “O” CASES." Probacja 4 (December 31, 2021): 57–86. http://dx.doi.org/10.5604/01.3001.0015.6043.

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The tasks of the probation officer who execute judgments in criminal matters, resulting from the Executive Penal Code, include, inter alia, control of the execution by the convict of probation duties imposed by a court judgment. Their aim is to educate and prevent the return to crime. In connection with the supervision of the performance of duties during the trial period without adjudicated supervision, probation officers have a number of tasks that are discussed in this article. It also addresses issues raised by probation officers in the scope in which the implementing provisions do not dire
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المعمري, مسعود, and علـي البلـوشـي. "Procedures for Executing Penal Rulings According to the Omani Law." International Journal for Scientific Research 2, no. 8 (2023): 146–84. http://dx.doi.org/10.59992/ijsr.2023.v2n8p7.

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The stage of implementation of penal judgments is considered the key outcome of the criminal case and stands out chiefly as the most important stage of the procedures. It constitutes the highest form of justice and reflects the strength of the State in extending the application of the law by transforming the issued operative sentences into reality in which the convicted person receives his/her punishment, the plaintiff attains his right and the society succeeds in punishing those who violated the law. This stage enjoys a set of legal rules and guarantees that regulate the implementation proced
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Bejeawi, Imad Hamadi. "حقوق الإنسان ومراقبة القانون المطبق من طرف القاضي الأجنبي في دعاوى تنفيذ الأحكام الأجنبية دراسة مقارنة: القانون الأوروبي والقانون التونسي والقانون الكويتي". مجلة الحقوق 48, № 1 (2024): 497–528. http://dx.doi.org/10.34120/jol.v48i1.191.

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The fundamental right of access to justice is neither effective nor efficient, unless the litigant can execute the court decision outside his State of origin. However, even if respect for human rights could require the State to ensure the immediate recognition of foreign judgments, it is important, nevertheless, that the state reserve the right to verify satisfaction by the foreign judgment of a minimum of conditions for recognition and execution. In this context, the control of the law applied by the foreign judge, as a condition for the international efficiency of foreign judgments, takes al
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TORGASHEV, A. V. "THE OVERTURNING THE EXECUTION OF JUDGMENT AS AN INDEPENDENT LEGAL DISPUTE." Herald of Civil Procedure 11, no. 6 (2022): 239–77. http://dx.doi.org/10.24031/2226-0781-2021-11-6-239-277.

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The author maintains that the overturning the execution of judgment is an independent legal dispute. The aim of this procedure is to protect the defendant’s right, that has been violated by the execution of judgment, which was subsequently reversed. The author criticizes the understanding of the overturning the execution of judgment as an “automatic” procedure. The requirement of the overturning the execution of judgment also can’t be identified with a lawsuit. Reversing the judgment and ending the dispute after a new trial without taking a decision on the substance itself mean that the result
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Lo, Carolyn Jia’En, Yelena Tsarenko, and Dewi Tojib. "Same scandal, different moral judgments: the effects of consumer-firm affiliation on weighting transgressor-related information and post-scandal patronage intentions." European Journal of Marketing 55, no. 12 (2021): 3162–90. http://dx.doi.org/10.1108/ejm-10-2020-0728.

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Purpose Corporate scandals involving senior executives plague many businesses. Although customers and noncustomers may be exposed to news of the same scandal, they may appraise dimensions of the transgression differently, thereby affecting post-scandal patronage intentions. The purpose of this study is to investigate whether and how consumer-firm affiliation affects future patronage intentions by examining nuances in customers’ vs noncustomers’ reactions toward the transgressor’s professional performance and immoral behavior. Design/methodology/approach Four between-subjects experimental studi
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Al-Khazaleh, Shams El-Din Qassem, and Sayel Mofleh Momani. "The Jordanian Legal Regulation for Implementing the Arbitral Award as an Executive Bond in accordance with the Jordanian Execution Law No. 25 of 2007." Journal of Politics and Law 11, no. 4 (2018): 109. http://dx.doi.org/10.5539/jpl.v11n4p109.

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The implementation of the arbitral award is the final stage of the arbitration process, which is the substance of the arbitration agreement, since the control is based on the principle of the authority of the administration and as it is the focus of this research, the arbitration judgment, as well as the implementation of the arbitral award, will be discussed in addition to the terms of the enforceable judgment, as well as judicial control over the execution of the award to reach the result that the legislator was not successful in organizing methods of appeal by arbitration.
 
 The
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Nugroho, Agus Digdo, Atma Suganda, and Sirajuddin Sailellah. "Revitalization of the Execution of Religious Court Decisions through Engineering Compliance with the Implementation of Execution of Judgments Related to the Fulfillment of the Rights of Ex-Wives and Children." International Journal of Social Service and Research 3, no. 4 (2023): 1009–17. http://dx.doi.org/10.46799/ijssr.v3i4.341.

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The implementation of religious court rulings related to the fulfillment of the rights of former wives and children has many obstacles that cause very few rulings to be successfully implemented. The existence of regulations governing the execution of existing rulings is quite outdated because it is still based on the regulations left by the Dutch East Indies Colonial. Breakthroughs in the field of execution such as dwangsom or delays in the pronunciation of talaq pledges to pressure the convicted have not shown significant and optimal results in overcoming this problem. Ideas emerged on opport
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Ishikawa, Tomoko. "Extraterritorial Discovery in Aid of Execution and State Immunity: Case Comment on Republic of Argentina v. NML Capital, Ltd., 573 U.S. ___ (2014)." Accounting, Economics and Law - A Convivium 5, no. 2 (2015): 173–92. http://dx.doi.org/10.1515/ael-2014-0016.

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AbstractOn 16 June 2014, the Supreme Court of the United States rejected the petition for a writ of certiorari stemming from the dispute over the meaning of the pari passu clause in the Argentine sovereign bonds. This decision had a dramatic impact on Argentina’s sovereign debt restructurings (SDR) – indeed, it arguably led to Argentina’s second default in 13 years on 30 July 2014. On the same day that the petition for certiorari was rejected, the Supreme Court rendered a judgment on the issue of the relationship between discovery in aid of execution against the debtor state’s extraterritorial
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Morozova, L. "Execution of Judgments or Contempt of Court." RUSSIAN JUSTICE 115, no. 10 (2015): 32–38. http://dx.doi.org/10.17238/issn2072-909x.2015.11.31.

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Clarke, Donald C. "The Execution of Civil Judgments in China." China Quarterly 141 (March 1995): 65–81. http://dx.doi.org/10.1017/s0305741000032914.

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When judgements are not executed, the law is worth nothing. – “The masses”It is a staple of Chinese legal literature that the judgments of Chinese courts in civil and economic cases are plagued by a worryingly low execution rate. This perception should be taken seriously. When the President of the Supreme People's Court devotes significant space to it in his report to the National People's Congress, as did Zheng Tianxiang in 1988 and Ren Jianxin in subsequent reports, clearly something interesting is going on. Yet it would be a mistake to accept all reports at face value. A critical examinatio
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Podolska, Anna. "Between Informal Dialogue and Official Criticism." International Community Law Review 21, no. 5 (2019): 409–20. http://dx.doi.org/10.1163/18719732-12341410.

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Abstract There are various forms of jurisdictional dialogue. In addition to drawing from the case law of another court or seeking direct assistance of such another court in passing the judgment, we can notice in practice situations when by issuing a verdict the courts are communicating with each other. The rulings of the Bundesverfassungsgericht, the Court of Justice of the European Union, and the European Court of Human Rights regarding the free movement of judgments in the European Union and protection of fundamental rights are the example of such activities. Each of these bodies was interpr
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Peng, Yujie. "The Phenomenon of Difficult Enforcement in the Circuit Trial System in China from the Perspective of Power Operation." Lecture Notes in Education Psychology and Public Media 55, no. 1 (2024): None. http://dx.doi.org/10.54254/2753-7048/55/20240129.

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The phenomenon of "difficulty in enforcement" is prevalent in the judicial practice of China and poses similar challenges to circuit trials. This paper, based on Su Li's premise of the shifting local power dynamics in rural China, utilizes Foucault's theory of micro-power and Geertz's theory of local knowledge to explore how these misalignments in local power relationships affect the enforcement work in circuit trials in China, and provides suggestions on how to alleviate this issue. In the power relationship of enforcement within circuit trials, the relatively weaker state power struggles to
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Putri, Azizah Kamilah, Hazar Kusmayanti, and Artaji Artaji. "Judicial Study: Parties' Opposition (Partij Verzet) in Proceedings to Execute Land Ownership Rights Under Civil Procedure Law." JUSTISI 10, no. 3 (2024): 751–69. http://dx.doi.org/10.33506/js.v10i3.3505.

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Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District C
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De Wet, Erika. "The Case of Government of the Republic of Zimbabwe v Louis Karel Fick: A First Step towards developing a Doctrine on the Status of International Judgments within the Domestic Legal Order." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (2017): 565. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2258.

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The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended) Southern African Development Community (SADC) Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international c
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