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Journal articles on the topic 'Judicial Division'

Author: Grafiati

Published: 26 July 2024

Last updated: 31 July 2025

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1

Pechegina, Polina D., and Maria O. Diakonova. "Specialization of Judicial Activity in Foreign Legal Orders2." Russian Journal of Legal Studies (Moscow) 10, no. 2 (2023): 62–73. http://dx.doi.org/10.17816/rjls346670.

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The article analyzes such a trend in the development of modern civil procedure as the specialization of judicial activity. The authors identify judiciary and judicial aspects of the specialization of judicial activity, different mechanisms of such specialization are given, their variability is justified. On the basis of the experience of different legal orders (Australia, England and Wales, Germany, India, Spain, Italy, Russia, USA, France, etc.) the forms of judicial specialization are shown. Thus, examples of functioning of independent courts for administrative, intellectual, labor, family,

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2

Chen, Lingling. "Judicial Differences and Countermeasures on Division of Unregistered Houses with Joint Investment by Spouse in Divorce Proceedings." Frontiers in Humanities and Social Sciences 3, no. 7 (2023): 61–72. http://dx.doi.org/10.54691/fhss.v3i7.5301.

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The difficulty of judicial trial is how to divide the unregistered property jointly invested by the couple when they divorce. Analysis of 383 cases of division of unregistered houses jointly funded by spouses in divorce reveals that regarding the request for the division of a house jointly invested by the couple but not registered, the court has ruled not to divide, but also has ruled division of management and use rights or division of ownership. The decision is not divided and cannot achieve the effect of judicial division and dispute resolution, and its application should be strictly restri

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3

Basysta, Iryna. "Classifying Actions in Sentencing Based on the Classifying Criterion “Repeated”: Correlation between Criminal Procedural and Criminal Law Aspects." NaUKMA Research Papers. Law 6 (February 15, 2021): 3–11. http://dx.doi.org/10.18523/2617-2607.2020.6.3-11.

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Presently, different judicial divisions of the Criminal Cassation Court of the Supreme Court offer varying legal conclusions concerning the possibility to classify the actions of a person when sentencing based on the criterion of classification “repeated” varies. This conclusion follows from the analysis of the judicial Decree as of December 11, 2019 (Proceeding No. 51-4204 км 19, Сase No. 274/2956/17) of the Third judicial division of the Criminal Cassation Court, the Decree of the First judicial division of the Cassation Criminal Court as of July 10, 2018 (Proceeding No. 51-2475 км 18, Case

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4

Ablyatipova, N., and I. Yashina. "Section of Common Debt of Spouses: Selected Problems of Theory and Law Enforcement Practice." Bulletin of Science and Practice 10, no. 3 (2024): 493–98. http://dx.doi.org/10.33619/2414-2948/100/64.

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The article is devoted to the study of theoretical and practical issues of dividing the common debts of spouses. During the study, the authors examined approaches to defining the concept of “common debts of spouses” and analyzed legal norms on the division of common debts of spouses. Judicial practice (of courts of general jurisdiction and arbitration courts) has been studied to identify problems that arise in judicial practice when considering cases of division of property. Based on the results of the work, the authors proposed solutions to problems arising in judicial practice when consideri

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5

Kononova, А. V. "Judicial Management in Civil Proceedings: Formal and Material Components." Rossijskoe pravosudie 4 (March 24, 2020): 59–71. http://dx.doi.org/10.37399/issn2072-909x.2020.4.59-71.

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The article examines the traditional division of law into public and private, and the impact of this division on the principles and institutions of civil procedural law, as well as on the nature of judicial leadership in civil proceedings. As the methods of research historic, dogmatic, analysis and synthesis were chosen. According to the results of the study, it was found that the division of law has a significant impact on the civil process, determining its division into material and formal components. The author concludes that within each of the components of the process, the judicial manage

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6

Sobandi, Sobandi. "THE JUDICIAL POWER LIMITATION OF COMMERCIAL COURTS COMPETENCY IN COMMERCIAL DISPUTES." International Journal of Law Reconstruction 5, no. 2 (2021): 292. http://dx.doi.org/10.26532/ijlr.v5i2.17706.

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One of the important instruments in a state of law is the existence of an independent judiciary, whether it is based on the doctrine of separation of powers, the notion of a state based on law or democracy. An independent judicial power is not absolute in the sense that it is free to lead to arbitrariness so that there must be restrictions on that power and freedom. The approach method is used a normative juridical approach. The results of the study found that the limitations of judicial power were based on the constitutional basis, namely Article 1 paragraph 3 of the 1945 Constitution, Articl

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Ramos Alves, Luís Henrique, and Shirley Oliveira Lima Nomura. "ATIVISMO JUDICIAL E A SEPARAÇÃO DOS PODERES NO SÉCULO XXI: EXORBITAÇÃO DA FUNÇÃO ATÍPICA DO PODER JUDICIÁRIO." Colloquium Socialis 2, Especial 2 (2018): 175–80. http://dx.doi.org/10.5747/cs.2018.v02.nesp2.s0274.

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The separation of powers is a general principle of Brazilian Constitutional law prescribed in article 2 of the Federal Constitution following the model idealized by Montesquieu, Executive, Legislative and Judiciary, each of the powers has its respective characteristics and also has its typical and atypical functions. In the system of separation of powers there is a theory called System of Brakes and Counterweights, where it controls the division of powers and ensures that each one acts within its respective sphere of competence. With the passage of time within the Brazilian scenario has been e

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Simeneh Kiros Assefa. "Binding Interpretation of Law in Ethiopia: Observations in Federal Supreme Court Cassation Decisions." Mizan Law Review 18, no. 1 (2024): 1–40. http://dx.doi.org/10.4314/mlr.v18i1.1.

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The Federal Supreme Court Cassation Division reviews cases based on cassation petition against final court decisions when they contain a fundamental error of law. Such decisions of the Cassation Division rendered by five judges are binding on lower courts. This article reviews cassation decisions for content and form under six categories. It also reviews how the Cassation Court sees its role to better contextualise the effectiveness of those decisions. It finds that the Cassation Division sees itself as part of a court, not an independent judiciary based on separation of powers, and its decisi

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Sirait, Aladin. "INDONESIAN JUSTICE LEGAL POLITICS POST AMENDMENT OF 1945 CONSTITUTION." Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram 12, no. 1 (2020): 37–56. http://dx.doi.org/10.20414/alihkam.v12i1.2304.

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The essence of change in the field of justice after the amendment is a change in the system of judicial power at the constitutional and statutory levels. The creation of new supreme judicial institutions namely the Constitutional Court, in addition to the Supreme Court as the bearer and executor of the highest judicial powers in the presence of an independent Judicial Commission and cannot be separated from the powers of the judiciary. Legal politics that gave birth to the Constitutional Court Institution in its scope of duties and authority has played a large and important role in the goal of

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10

Asanov, E. "Institutional foundations of judicial self-government." Bulletin of Science and Practice 11, no. 6 (2025): 496–506. https://doi.org/10.33619/2414-2948/115/61.

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This article is devoted to the analysis of the institutional foundations of judicial self-government, considering them not only as a system for regulating internal relations in the judicial community, but also as a key element ensuring the independence and independence of the judiciary as a whole. The author focuses on the fact that the established institutional foundations act as institutional guarantees that promote the impartial and effective administration of justice. The very existence and effectiveness of judicial self-government bodies are considered as an important indicator of the mat

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11

Padfield, Nicola. "THE LEGALITY OF THE MANDATORY LIFE SENTENCE." Cambridge Law Journal 61, no. 1 (2002): 1–52. http://dx.doi.org/10.1017/s0008197302221509.

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CHALLENGES to the mandatory life sentence by way of judicial review continue to hit the courts. Among the most dramatic are R. v. Lichniak and R. v. Pyrah [2001] EWHC Admin 294, [2001] 3 W.L.R. 933, where it was argued that the mandatory sentence violated Article 3 of the European Convention on Human Rights (prohibition of torture or degrading treatment or punishment) because it was disproportionate, and that it violated Article 5 of the Convention (right to liberty and security) because it was arbitrary. When Scott Baker J. granted leave to apply for judicial review he ordered that the court

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Wicaksono, Dian Agung, and Faiz Rahman. "Influencing or Intervention? Impact of Constitutional Court Decisions on the Supreme Court in Indonesia." Constitutional Review 8, no. 2 (2022): 260. http://dx.doi.org/10.31078/consrev823.

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The third amendment of Indonesia’s 1945 Constitution, conducted in 2001, had significant implications for the nation’s judiciary. It transformed the judiciary from a single to a dual structure. Consequently, there are two apexes of the judiciary: the Supreme Court and the Constitutional Court. Furthermore, the establishment of the Constitutional Court divided judicial review authority between the two apex courts. The Constitutional Court can review laws against the Constitution, while the Supreme Court has the power to review whether regulations, made under laws, contradict such laws. Although

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13

De Brasi, Leandro. "Judicial decisions, intellectual virtues and the division of labour." International Journal of Evidence & Proof 24, no. 2 (2019): 142–61. http://dx.doi.org/10.1177/1365712719894007.

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In this paper I argue that, given that one epistemic goal of judicial decision-making is to reach reasonably plausible decisions, the divisions of epistemic and cognitive labour help processes of judicial decision-making to better promote that goal under certain conditions. Those conditions concern the possession of a certain intellectual character (in particular, a humble and autonomous character) by the subjects exploiting those divisions of labour and the existence of a certain diversity among those subjects. So, in order to better promote reasonably plausible decisions, we should take meas

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Borodina, Elena Vasil'evna. "Yekaterinburg division of judicial and country affairs during the 1735–1740: structure of presence of the institution." Genesis: исторические исследования, no. 11 (November 2021): 16–29. http://dx.doi.org/10.25136/2409-868x.2021.11.36796.

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The subject of this research is the Yekaterinburg division of judicial and county during the 1735&ndash;1740. Despite the fact that any institution of the XVIII consisted of chancellery and presence, attention is focused on the analysis of the composition of &ldquo;judges&rdquo; &ndash; presence of the division throughout six years of its existence. The goal of the article is to determine the dynamics of changes in the composition of judges of the institution, which revealed the peculiarities of human resource policy in the Ural local administration in the mid XVIII century. Th

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15

Hassan, Zuber Mustafa, and Mohamed Hannon Jaffar. "The fact of the legal nature of division in the Iraqi civil law." Journal of Legal and Political Studies 11, no. 1 (2023): 63–88. https://doi.org/10.17656/jlps.10232.

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The subject matter of our research focuses on the issue of determining the legal nature of the division, as the legal nature of the common money division was not the same throughout the historical periods in which civil laws developed, starting from Roman law through the old French law and to the current French civil law in force. The division in Roman law transferred property, as well as in the old French law in the early days of its era, but it became revealing of ownership (hypothetically or factual) at the end of its era, which was adopted by the French civil law in force and the current E

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16

Movsesian, Mark L. "Law, Religion, and the COVID-19 Crisis." Journal of Law and Religion 37, no. 1 (2022): 9–24. http://dx.doi.org/10.1017/jlr.2021.82.

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AbstractThis essay explores judicial responses to legal restrictions on worship during the COVID-19 pandemic and draws two lessons, one comparative and one relating specifically to U.S. law. As a comparative matter, courts across the globe have approached the problem in essentially the same way, through intuition and balancing. This has been the case regardless of what formal test applies, the proportionality test outside the United States, which expressly calls for judges to weigh the relative costs and benefits of a restriction, or the Employment Division v. Smith test inside the United Stat

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17

De, Rohit. "“A Peripatetic World Court” Cosmopolitan Courts, Nationalist Judges and the Indian Appeal to the Privy Council." Law and History Review 32, no. 4 (2014): 821–51. http://dx.doi.org/10.1017/s0738248014000455.

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In early 1943, Lord Wilfred Green, the Master of Rolls and the head of the Chancery Division of the British judiciary, authored a secret memorandum proposing that the Judicial Committee of the Privy Council become a “peripatetic court” that would travel throughout the British Empire. This article explores the origins and politics of this proposal to provide a critical re-description of the role of the Privy Council and the circulation of law within the British Empire.

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18

Mahim Gupta and Dr. Amit Kashyap. "A Comparative Analysis of The Doctrine of Judicial Review in India, US And UK." Legal Research Development 8, no. IV (2024): 39–55. http://dx.doi.org/10.53724/lrd/v8n4.5.

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The present work undertakes a comprehensive investigation and comparative assessment of the doctrine of judicial review in the nation of India, the US, and the United Kingdom. Judicial review is a legal principle that empowers the judiciary to scrutinise and invalidate actions undertaken by both the legislative and executive wings of government which are inconsistent with the constitution and violate fundamental rights. The study begins by examining the historical evolution of the doctrine of judicial review in each country, highlighting the differences and similarities in the legal framework

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19

Mejía Turizo, Jorge, and Roberto Pérez Caballero. "Judicial activism and its effects on the division and balance of powers." Justicia 3, no. 27 (2015): 30–41. http://dx.doi.org/10.17081/just.3.27.319.

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20

Haysom, Nicholas, and Clive Plasket. "The War Against Law: Judicial Activism and the Appellate Division." South African Journal on Human Rights 4, no. 3 (1988): 303–33. http://dx.doi.org/10.1080/02587203.1988.11827750.

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21

USACHEVA, ELENA. "USE OF PREJUDICE FOR EVALUATION OF THE MOMENT OF THE ACTUAL TERMINATION OF MARRIAGE IN LITIGATION ABOUT THE DIVISION OF JOINTLY ACQUIRED PROPERTY." LEGAL BULLETIN 1, no. 7 (2022): 72–84. https://doi.org/10.5281/zenodo.11185898.

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At present, Russian judicial practice and legal doctrine have not developed a unified approach to resolving the issue of the legal significance of indicating the moment of actual termination of marital relations in a court decision that has entered into force for subsequent judicial consideration of a dispute on the division of property of spouses and the possibility of prejudicial use of this fact. The purpose of the research is to analyze the approaches that have developed in judicial practice to the use of information contained in court decisions on the moment of actual termination of marit

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22

Russell, Peter H. "Comment on “Critics of the Judicial Committee: The New Orthodoxy and an Alternative Explanation”." Canadian Journal of Political Science 19, no. 3 (1986): 531–36. http://dx.doi.org/10.1017/s000842390005455x.

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I appreciate the opportunity Professor Vaughan's article provides to clarify some of my thoughts on the Judicial Committee and constitutional interpretation.Vaughan and I are in agreement on two broad points. First, the Judicial Committee of the Privy Council read a theory of classical federalism into the BNA Act. This theory of divided sovereignty was expressed most clearly by Lord Watson in the Maritime Bank case. Secondly, the BNA Act's treatment of federalism is highly centralist, both in the division of powers and in the federal government's imperial powers over provincial governments. Bo

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23

'Nyane, Hoolo. "The interface between the right to life and the right to health in Lesotho: Can the right to health be enforced through the right to life?" African Human Rights Law Journal 22, no. 1 (2022): 1–23. http://dx.doi.org/10.17159/1996-2096/2022/v22n1a11.

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As a liberal constitution, the Constitution of Lesotho maintains a bifurcated human rights framework. Human rights are embodied in two distinct chapters - chapter II and chapter III - with different legal implications. Chapter II contains civil and political rights styled 'fundamental human rights and freedoms' while chapter III embodies socio-economic rights styled 'principles of state policy'. The right to life falls under chapter II, while the right to health is under chapter III. The juridical effect of this division is that socio-economic rights are not judicially enforceable. The courts

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Liubimova, E. V. "JUDICIAL JURISDICTION OF CORPORATE DISPUTES ARISING IN NON-PROFIT ORGANIZATIONS." Ex jure, no. 2 (2022): 115–23. http://dx.doi.org/10.17072/2619-0648-2022-2-115-123.

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Abstract: the article discusses the distribution of corporate disputes between courts of general jurisdiction and commercial courts. At the moment, the legislator is guided by the division of legal entities into commercial and nonprofit organizations. The article notes that commercial activity is not included in the subject of proof in corporate disputes, therefore it is a random criterion of judicial jurisdiction. Analyzing the rights and obligations of participants of different companies, the author comes to the conclusion that the division of legal entities into corporate and unitary is imp

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Singh, Tanushree, and Akash Singh Thakur. "Administration of Justice: Judicial Delays in India." Indian Journal of Public Administration 65, no. 4 (2019): 885–96. http://dx.doi.org/10.1177/0019556119873451.

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In unique as well as comparative terms, the Indian judiciary—an integrated federal hierarchy with federal, state and district courts set up under the Constitution—fares better than the legislative and executive branches of the governments in India as well as those in other countries, especially in the Global South, in terms of impartiality, efficiency and independence. This article seeks to take a closer analytical look at an aspect of judicial administration, which is often glossed over in the existing literature in highlighting the issues of autonomy and constitutional adjudication and const

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Chen, Mingfei, Ying He, and Jie Gao. "A Quantitative Model of the Multisubject Quality Responsibility of Construction Projects Based on an IPSO." Mathematical Problems in Engineering 2023 (January 30, 2023): 1–14. http://dx.doi.org/10.1155/2023/3852588.

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In order to solve the problem of the quantitative division of multisubject quality responsibility in construction project quality disputes, this article proposes a quantitative model of multisubject quality responsibility division in construction projects based on an improved particle swarm optimization (IPSO). First, this article proposes a set of classification guidelines for quality risk behaviors based on the theory of organizational behavior. Through these, the interconnections between different types of risk behaviors and quality defects were explored. Following this, this article explor

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Mangione, Gabriella. "Some Brief Remarks on the Controversial Relationship Between the Judiciary and Politics in Italy." Comparative Law Review 27 (December 22, 2021): 79–104. http://dx.doi.org/10.12775/clr.2021.003.

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The relationship between the judiciary and the political sphere and the dilemma over whether the judiciary has been a victim of politics, or whether politics has been a victim of the judiciary, have been hot topics for some time in Italy. Since a major scandal engulfed the High Council of the Judiciary, the courts have become the principal focus of the reform efforts of the Draghi Government, which took office in February 2021. The contribution briefly illustrates the figure of the Judicial Power within the Division of Powers and the evolution of the judge’s role within this system. Following

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Т. В. Хутько. "Mohammedan spiritual court in the Taurida Governorate (the end of the XVIII – the first half of the XIX century)." Problems of legality, no. 124 (March 2, 2013): 187–95. http://dx.doi.org/10.21564/2414-990x.124.52508.

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The judicial activities of the Taurida Mohammedan spiritual government is studied in the article on the basis of analysis of the legislation of the Russian Empire with the involvement of archival materials. The author identifying the major powers in the exercise of judicial functions by government as consideration of marriage and family cases, wills and disputes over the division inheritance. It is found that cases were heard on the basis of Muslim law and based on the rights granted by the Russian authorities.

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Platova, A., and P. Shumov. "Towards the Creation of Appeal and Cassation Courts of General Jurisdiction." Bulletin of Science and Practice 5, no. 8 (2019): 114–19. https://doi.org/10.33619/2414-2948/45/13.

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This article discusses the reform of the judicial system of the Russian Federation through the creation of separate appellate and cassation courts of General jurisdiction. The question of the competence of new courts, the composition of the court, as well as the characteristics of these courts is analyzed. In particular, attention is focused on the creation of appeal and cassation courts within the territories of the respective judicial appeal and cassation districts that do not coincide with the administrative-territorial division of the Russian Federation. In addition, attention is drawn to

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Zhou, Baozhou. "Research on Lis Pendens in Private International Law." Journal of Innovation and Social Science Research 8, no. 8 (2021): 61–64. http://dx.doi.org/10.53469/jissr.2021.08(08).14.

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Litigation concurrence, or parallel proceedings, is an essential issue in the international civil procedure law and judicial practice. It is a direct result of the division of national jurisdiction legislation at the international level. In order to avoid wasting judicial resources, the development of private international law has led to a move towards refinement and harmonisation of the provisions on parallel proceedings in national and international treaties. Lis pendens is a settlement of parallel proceedings and plays an important role in private international law.

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Treskov, Aleksej P., Ella Z. Jamil, Alevtina E. Novikova, Valery N. Samsonov, and Sergey S. Zakharov. "Judicial Power Principles in the Constitutions of African States." Cuestiones Políticas 37, no. 65 (2020): 209–16. http://dx.doi.org/10.46398/cuestpol.3865.16.

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The objective of the research was to study the principles of the judiciary in the constitutions of some African states. The modern constitutional development of African states is mediated by the complex history of the continent, as well as by ongoing political processes. The emergence of basic laws in these states has become the basis not only for the establishment of constitutionalism, but also for the establishment and functioning of key public authorities. According to the functional division of state power, the organization and activities of the judicial authorities are inalienable. The so

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Frankiewicz-Bodynek, Anna. "W sprawie zgodności z Konstytucją RP powoływania sędziów – członków Krajowej Rady Sądownictwa przez Sejm." Przegląd Prawa Konstytucyjnego 70, no. 6 (2022): 141–53. http://dx.doi.org/10.15804/ppk.2022.06.10.

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The subject of this text is to determine whether Article 9a of the Law on the National Council of the Judiciary is compatible with the Constitution of the Republic of Poland. In order to answer this question, the relationship that should prevail between the various authorities in a system based on the principle of separation of powers was analyzed. Then, doubts were resolved as to whether the NCJ is a body appearing in the division of powers of the judiciary. In the end, it was concluded that in the RP, the Sejm should have no other creative powers over the judiciary than those expressly provi

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Amrit, Amritash Kumar. "Comparative Study of Separation of Power in India, Pakistan, and South Africa and its Impact on Judicial Independence." International Journal for Research in Applied Science and Engineering Technology 12, no. 11 (2024): 1533–40. http://dx.doi.org/10.22214/ijraset.2024.65129.

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In this paper the separation of powers and its impact on judicial impact is discussed in the country of India, Pakistan, and South Africa. The goal of this research paper is to examine the division of powers between the different organs of the government which is necessary for the good governance. Various aspects are focused in this paper including political, historical, and legal aspects. The paper includes the historical development in all the three countries and the conditions which affect doctrine in these countries. This paper includes the provisions of constitution both written and unwri

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Byrkovych, O. "Introduction of Russian state judiciary on the territory of Ukraine (end of XVIII – early XIX century)." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 1(45) (December 14, 2020): 40–44. http://dx.doi.org/10.20535/2308-5053.2020.1(45).226488.

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The article reveals the peculiarities of the implementation of the Russian judicial system in the Hetmanate in the second half of the XVIII - first half of the XIX century. It is pointed out that the incorporation policy of the Russian Empire provided for the full inclusion of Ukrainian lands in the empire, both in administrative and legal aspects. Beginning with the abolition of the institution of the Hetmanate, the regimental-hundred system, the imperial authorities tried to eradicate from life all the legal attributes of the Cossacks, which were traditional for the population and differed f

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Osmanlić, Iljaz. "Parliamentarism and current systems of division of state government." Univerzitetska misao - casopis za nauku, kulturu i umjetnost, Novi Pazar, no. 21 (2022): 152–63. http://dx.doi.org/10.5937/univmis2221152o.

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Parliamentarism arose as a negation of autocracy and political omnipotence, as a restraint and rejection of the cruelty and greed of charismatic and patrimonial rulers. Monarchist absolutism has long been powerful in suppressing that more complete essential feature of parliamentarism - its emancipatory, humanistic and democratic face. Parliamentary monarchy is, historically, the first state form in which the substance of the power of the traditional state is divided into three divided and redistributed activities in its exercise, three branches of government: legislative, executive and judicia

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36

Ahmadieva, Gyuzel'. "Classification of private definitions in the civilisation process." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 4 (2023): 56–62. http://dx.doi.org/10.35750/2071-8284-2023-4-56-62.

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Introduction: the article considers various approaches to the classification of private definitions, analyses the criteria for their division in the course of development of procedural legislation. This issue requires actualisation in procedural science in order to fully understand the essence and purpose of private definitions, as well as to improve their effectiveness. The aim of the article is to propose criteria for the division of private definitions that meet the current legislation and modern judicial practice.  Methods: The author used the methods of comparative analysis, synthes

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Ablyatipova, N. A., and E. V. Kunitsa. "SOME ISSUES OF SYSTEMATIC LAW ENFORCEMENT PRACTICE IN RESOLVING DISPUTES ON THE DIVISION OF PROPERTY IN COMMON OWNERSHIP AND ALLOCATION OF SHARES FROM COMMON PROPERTY." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 1 (2021): 261–69. http://dx.doi.org/10.37279/2413-1733-2021-7-1-261-269.

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In this article, based on the analysis of the current civil legislation, judicial practice and scientific literature, some problems of the division of property in common share ownership and the separation of a share from common property are investigated. Individual cases of implementation of Article 252 of the Civil Code of the Russian Federation are analyzed on the example of decisions of the Central District Court of Simferopol, sepa-rate features of the procedure for consideration and conditions for satisfying claims are highlighted. The authors considered the issue of the need to clarify t

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Ablyatipova, Natalia. "Consistency of Law Enforcement Practice in Matters of Deviation from the Principle of Equality of the Spouses’ Shares in Their Common Property." Legal Concept, no. 3 (October 2021): 116–24. http://dx.doi.org/10.15688/lc.jvolsu.2021.3.18.

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Introduction: the issues of the division of the jointly acquired property of spouses do not lose their relevance. As a general rule, in the absence of an agreement between the spouses, the division is carried out in court based on the legally established presumption of equality of shares, regardless of the method of participation in the formation of joint property. However, this principle is not absolute and the court has the right to deviate from the principle of equality by increasing the share of one of the spouses. Meanwhile, the possibility of increasing the share in the marital property

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Lapkin, Andrii. "Legal Status of the Prosecutor’s Office in Ukraine." Teisė 124 (September 28, 2022): 133–43. http://dx.doi.org/10.15388/teise.2022.124.11.

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The scientific article is devoted to the study of the legal status of the Prosecutor’s Office in Ukraine in the context of the development of judicial reform.The historical development of the Prosecutor’s Office during the independence of Ukraine, which was carried out by transforming from the Soviet model of “supervision service” to the model of the “prosecution service” established in Europe, is analyzed.The problems of determining the place of prosecutor’s office in the system of division of state power of Ukraine are investigated. The understanding of the prosecutor’s office as adjacent to

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Bonelli, Matteo. "Effective Judicial Protection in EU Law: an Evolving Principle of a Constitutional Nature." Review of European Administrative Law 12, no. 2 (2019): 35–62. http://dx.doi.org/10.7590/187479819x15840066091240.

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Effective judicial protection emerged as a EU law principle in the 1980s, operating alongside the Rewe principles of equivalence and effectiveness as a standard to assess national procedures for the enforcement of EU law. This article argues that the codification of effective judicial protection in Article 19 TEU and 47 of the Charter, operated by the Lisbon Treaty, has stimulated an evolution of the principle, which is evident in the recent case law of the Court of Justice. Today, effective judicial protection operates not only as a procedural principle, but also as a more substantive and str

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Savelyeva, Maria V. "Demarcation of the Liability of Spouses Under Common Obligations in Marital Property Division." Family and housing law 1 (January 14, 2021): 23–26. http://dx.doi.org/10.18572/1999-477x-2021-1-23-26.

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The availability of consumer credit has led to the spread of debt obligations in modern Russia. Most families during marriage manage to acquire not only assets in the form of property rights, but also liabilities in the form of debt obligations. The issue of the legal regime of such debts during marriage has been resolved by the legislator, but the fate of the spouses’ common obligations in the event of a judicial division of property remains unresolved. The article discusses the emerging approaches to the regulation of common debt obligations in the case of the division of common property of

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Степанов, О. А. "Судебное правоприменение с учетом возможностей систем искусственного интеллекта". СОВРЕМЕННОЕ ПРАВО, № 2 (4 березня 2025): 26–28. https://doi.org/10.25799/ni.2025.61.42.004.

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В статье анализируется проблема судебного правоприменения с учетом использования возможностей систем искусственного интеллекта, исходя из идеи партнерства человека и нейросети. Отмечается необходимость формирования у судьи умения встроиться в новое разделение труда между человеком и нейросетью, что позволит повысить результативность судебного правоприменения. The article analyzes the problem of judicial law enforcement taking into account the use of the capabilities of artificial intelligence systems, based on the idea of a partnership between a person and a neural network. It notes the ne

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Leszczyński, Leszek. "Praktyka precedensowa w porządku prawa stanowionego. Podstawowe czynniki warunkujące." Przegląd Prawa i Administracji 110 (November 30, 2017): 159–75. http://dx.doi.org/10.19195/0137-1134.110.12.

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PRECEDENTIAL PRACTICE IN THE STATUTORY LEGAL ORDER.BASIC DETERMINING FACTORSThe purpose of the paper deals with the consideration of the several basic factors determining the development of the precedential practice in the statutory legal order. Such practice might be defined at the using the previous judicial decisions in the actual decisional process in the validation or derivative aspects of the operational interpretation of law, with potential adaptation of some solutions from the common law order. Among the favorable factors for the shaping of this practice one might find the maturity an

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Tasić, Anđelija, and Miroslav Lazić. "Judicial protection of real property rights." Zbornik radova Pravnog fakulteta Nis 63, no. 103 (2024): 33–51. https://doi.org/10.5937/zrpfn1-54764.

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The classical civil law institutes, such as protection of real property rights, have withstood the test of time from Roman law to the present day. In case of violation of subjective real property rights, the injured party may file a claim for judicial protection. The paper presents five types of lawsuits aimed at providing judicial protection of real property rights: actio rei vindication, actio publiciana, actio negatoria, actio confessoria , and vindicatio pignoris. The regulation of these property claims in rem is analyzed by examining the relevant provisions of Serbian substantive law (the

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Bowal, Peter. "The New Ontario Judicial Alternative Dispute Resolution Model." Alberta Law Review 34, no. 1 (1995): 206. http://dx.doi.org/10.29173/alr1107.

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The author introduces the new ADR Pilot Project currently being tried in the Ontario Court of Justice (General Division). Taking place in Toronto, the project is aimed at avoiding civil litigation. It involves ADR referral and management after filing of the Statement of Defence. First, the parties must meet. If the dispute remains unsettled, statements are submitted by the parties. The parties and counsel then attend an ADR session, which can be a mediation, mini-trial, or neutral evaluation. The advantages and disadvantages of the project are then detailed, for the parties, the public interes

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Bernatt, Maciej. "Effectiveness of Judicial Review in the Polish Competition Law System and the Place for Judicial Deference." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 97–124. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.4.

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The article discusses the effectiveness and the intensity of judicial review in the Polish competition law system. First, it studies whether the judicial review offered by the 1st instance Court of Competition and Consumer Protection in Warsaw (SOKiK) is effective in practice. Next, the article analyzes whether Polish courts tend to defer to the findings of the Polish competition authority, UOKiK. Judgments of the Supreme Court concerning relevant market definition serve as case studies. Finally, the article discusses whether proceedings before the Polish competition authority ensure sufficien

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Yap, Po Jen, and Rehan Abeyratne. "Judicial self-dealing and unconstitutional constitutional amendments in South Asia." International Journal of Constitutional Law 19, no. 1 (2021): 127–48. http://dx.doi.org/10.1093/icon/moab007.

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Abstract Courts around the world today are empowered to strike down unconstitutional constitutional amendments. But can a court strike down amendments that restore parts of the original constitution? The Appellate Division of the Bangladesh Supreme Court did precisely this in Bangladesh v. Asaduzzaman Siddiqui (2017), holding unconstitutional an amendment that restored the judicial removal provision that existed in the original 1972 Constitution. This article analyzes Siddiqui within the comparative constitutional amendment literature and the broader South Asian context. Despite the apparent i

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Mursyidi, Mursyidi. "Kekuatan dan Batas Judicial Review dalam Arsitektur Hukum Indonesia." Syura: Journal of Law 3, no. 1 (2025): 1–17. https://doi.org/10.58223/syura.v3i1.387.

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The 1945 Constitution of the Republic of Indonesia grants judicial review authority to two state institutions: the Constitutional Court and the Supreme Court. However, the dualism of this authority has led to potential legal problems in its implementation, both conceptually and practically. This study aims to analyze the mechanism of judicial review within Indonesia’s legal system and to evaluate its effectiveness and consistency in upholding constitutional supremacy. The research employs a normative legal method with statutory, conceptual, historical, and comparative approaches. The findings

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Munday, Roderick. "“ALL FOR ONE AND ONE FOR ALL” THE RISE TO PROMINENCE OF THE COMPOSITE JUDGMENT WITHIN THE CIVIL DIVISION OF THE COURT OF APPEAL." Cambridge Law Journal 61, no. 2 (2002): 321–50. http://dx.doi.org/10.1017/s0008197302001642.

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This paper chronicles the very recent rise to prominence of the composite judgment, showing that at least one in seven decisions of the Civil Division of the Court of Appeal is now delivered in the form of an agreed, collective judgment of the court. In effect, English courts have quietly espoused something resembling a civilian judicial procedure. The article considers when appellate courts have tended to have recourse to this device and how they allocate responsibilities for drafting composite judgments, and concludes with reflections on some of the consequences that could flow from widespre

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Plekhanova, Olesya. "On the Possibility of Property Division Acquired Using the Accumulative Mortgage System of Housing Provision for Military Personnel in Case of Divorce." Academic Law Journal 24, no. 3 (2023): 359–63. http://dx.doi.org/10.17150/1819-0928.2023.24(3).359-363.

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The article considers the problem that arises during the divorce of spouses on the division of property, related to the peculiarities of military mortgages. The main problem is the question of the legality of recognizing residential premises acquired in marriage using mortgage lending in the accumulative mortgage system as joint property of the spouses. The decision on the division of such property in case of divorce also depends on the answer to this question. There is a discussion on this issue in legal science, and also there is no uniformity in judicial practice. Based on the analysis of t

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