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Journal articles on the topic 'Judicial system Court administration'
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1
Sen, Samudra. "Indian Judiciary Imprisoned: An Integrated AHP–TOPSIS Approach to Judicial Productivity." Global Business Review 21, no. 2 (May 1, 2018): 586–603. http://dx.doi.org/10.1177/0972150918765319.
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Many countries around the world have a large number of cases pending in their courts for long years. Research has been conducted on the productivity of courts and judicial systems around the world. Different methodologies have been employed in evaluating the productivity of judicial systems. Indian courts are also in a sorry state due to huge backlog of cases pending in courts. However, for India, though there are many papers on the state of judicial system suggesting ways to clear this backlog, there is hardly any research on courts’ productivity. This article addresses this research gap using an integrated analytic hierarchy process (AHP) and technique of order of preference by similarity to ideal solution (TOPSIS) approach in evaluating court productivity in India. Data pertaining to the Supreme Court and the High Courts in India have been evaluated to rank the courts in order of their productivity. Performance of the courts has also been evaluated on the basis of a few established judicial indices. It is revealed that judges’ productivity is directly proportional to the caseload per judge but the same may not be true for court productivity. Further, poor judicial administration also contributes to piling of cases as backlogs.
2
Sudarsono and Abdul Halim. "ELECTRONIC SIGNATURE IN THE IMPLEMENTATION OF MAIN DUTIES AND JUDICIAL INSTITUTION FUNCTIONS." Jurnal Hukum Peratun 2, no. 2 (December 3, 2019): 149–64. http://dx.doi.org/10.25216/peratun.222019.149-164.
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One of the important elements in the Electronic Court System (e-Court) is the electronic signature as regulated in article 26 of the Supreme Court Regulation No. 1 of 2019. In addition to the electronic litigation system, electronic signatures will also be very useful in the implementation of basic tasks of the judiciary, both in trial administration and general administration of the court. This research will discuss electronic signature in court administration as the main topic and will be elaborated with several related topics which include the task of the judicial institution, the electronic signature in the judicial system, person in charge of electronic signature in court administration, and the validity of documents with an electronic signature. The result of the research shows that electronic signature is crucial on implementation of court functions which are judicial function, regulatory function, and executive function performed by the court. Electronic signature creates the process of the case, trial, and general administration in court become more effective, efficient, and eco-friendly, and it also will increase public trust and security of the electronic transaction. Judicial documents that are electronically signed by authorized officials have legal force and legal consequences that can be used for legal remedies, evidence, and so on. For these reasons, it is necessary for the Supreme Court issuing the regulation on the implementation of electronic signatures in judicial institutions in performing their main tasks and functions.
3
Susanto, Susanto. "E-COURT AS THE PREVENTION EFFORTS AGAINST THE INDONESIA JUDICIAL CORRUPTION." Yustisia Jurnal Hukum 9, no. 1 (May 1, 2020): 116. http://dx.doi.org/10.20961/yustisia.v9i1.41127.
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<em>This study aims to determine the effectiveness of the use of E-Court to eliminate judicial corruption activities. Actions or policies permitted by law and which are not permitted. Corruption in the administration sector is closely related to the relationship between justice seekers and individual administrative staff. The issues raised in this study are How is the systematic E-Court in Suppressing Judicial Corruption in Case Administration Management in Courts in JABODETABEK and How to Improve Administrative Management of Courts in the Future. This study uses an empirical method approach with descriptive analytical research specifications. This is because this study seeks to describe the facts of the E-Court System Effectiveness in the field of suppressing Corruption in the Court's administrative management sector and the factors faced so that it can finally describe the concept of implementing a clean court management system with technology and improvement efforts. The concept of public services must be well understood by the judiciary, because until now there are still many complaints about legal services originating from the justice seeker community. The functionalization of E-Court is not optimal because there are still many justice seekers who still do not know the existence and use of the system. The E-Court system is expected to support the realization of judicial principles that are fast, simple and inexpensive in managing case administration</em>
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Šimonis, Mindaugas. "The Role of Judicial Ethics in Court Administration: From Setting the Objectives to Practical Implementation." Baltic Journal of Law & Politics 10, no. 1 (June 1, 2017): 90–123. http://dx.doi.org/10.1515/bjlp-2017-0004.
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Abstract A court administration striving to guarantee the independence and professionalism of the court and judges requires attention to judicial ethics. Judicial ethics as a system of professional values and as an institutional instrument of judiciary is an integral part of court administration which is based on the principle of self-regulation. The importance of court administration requires a scientific approach to its elements. Therefore, this article begins by providing analysis of the main objectives of judicial ethics and a comparative study on the European practices establishing judicial ethics. It also provides a systematic list of the basic principles of the conduct of judges that are established in different international standards and legal systems of different European countries. By analysing documents of different international institutions and codes of ethics of European countries, the author identifies a systematic structure and the fundamental starting point of modern judicial ethics. The methods of descriptive comparative analysis and observation of recent developments are dominant in this study. Reacting to the scientific problems and current needs of legal communities with regard to the enforcement of judicial ethics, the article presents approaches that could lead to increased effectiveness of ethics in the judiciary, as well as to the development of methods of enforcement of judicial ethics. The purpose of this article is not just to disclose the main international standards and regulations on judicial ethics in Europe, but also to make it practically valuable for developers of judicial ethics, taking into consideration the fact that recently many countries have been trying to reform and improve ethical systems in the judiciary. Given the limited scope of this article, other important elements of court administration and developing a comparative study of the content of judicial ethics and the jurisprudence of its implementation will be presented in future publications.
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Iqbal, Muhamad Iqbal, Susanto Susanto, and Moh Sutoro. "Functionalization of E-Court System in Eradicating Judicial Corruption at The Level of Administrative Management." Jurnal Dinamika Hukum 19, no. 2 (December 22, 2019): 370. http://dx.doi.org/10.20884/1.jdh.2019.19.2.2510.
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This study aims to determine the effectiveness of the implementation of E-Court to eradicate the activities of judicial corruption. Corruption in the administration sector is closely related to the relationship between justice seekers and court administration staff. The problems raised in this study are how functionalization of E-Court in eradicating judicial corruption in administrative management of cases in the courts in JABODETABEK and how to reform the management of administrative court in the future. This study uses an empirical method approach with descriptive analytical research specifications. This is because this research seeks to illustrate the facts of the effectiveness of the e-court system in eradicating corruption in the court administrative management sector. This concept of public service must be well understood by the judiciary. The functionalization of e-court is considered not optimal since many justice seekers do not know the existence and usefulness of the system. It is expected that the e-court system will support the establishment of the principle of quick, simple and low cost justice in the administrative management of cases. Keywords: E-Court, Court Administrative System, Corruption
6
Kupita, Weda. "State Administrative Court as a Means to Realize Justice." SHS Web of Conferences 54 (2018): 03007. http://dx.doi.org/10.1051/shsconf/20185403007.
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The existence of 4 (four) kinds of judicial environment in the Judicial Authority in Indonesia, shows a judicial system adopted in Indonesia. the State Administration Judiciary is a apart of judicial power under the Supreme Court that examines cases relating to state administrative decisions. This article discusses the resolution of disputes as a result of the issuance of state administrative decisions in the state administrative court. This problem will be answered by using the legislation approach and case approach, with analysis using qualitative methods. To test a state administrative decision, a tool is needed to validate a state administrative decision. standard for testing the validity of the state administrative decisions in the examination at the state administrative court, are the laws and regulations and the general principles of good governance.
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Fox, Danielle P., Hisashi Yamagata, Stacy S. Najaka, and David A. Soulé. "Improving Judicial Administration Through Implementation of an Automated Sentencing Guidelines System." Criminal Justice Policy Review 29, no. 5 (February 4, 2016): 489–504. http://dx.doi.org/10.1177/0887403416628603.
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To ensure public trust and confidence, courts must routinely examine the management of their operations and continuously explore improvement opportunities. Although technology can be a catalyst for improving judicial administration, without the requisite planning, organizational capital (e.g., people, process, and system alignment), and evaluation it is unlikely that such initiatives will be sustained let alone succeed. In 2012, a local circuit court in Maryland implemented the Maryland Automated Guidelines System (MAGS) developed by the Maryland State Commission on Criminal Sentencing Policy to electronically initiate, complete, and submit sentencing guidelines worksheets. This study discusses the evaluation of MAGS implementation, highlighting the value of technology and monitoring as a means to enhance judicial administration.
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Shtefan, D. I. "Organization of Judicial Activity in Russia within the Framework of the Federal Target Program in 2013–2020: Problems and Prospects." Actual Problems of Russian Law 16, no. 1 (January 28, 2021): 128–35. http://dx.doi.org/10.17803/1994-1471.2021.122.1.128-135.
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The paper analyzes the preliminary results of the implementation of the Federal Target Program "Development of the Russian Judicial System in 2013–2020". The author provides specific examples of achievements in the main areas of development of the judicial system. Besides, the author defines some unresolved problems, such as the need to locate federal courts in buildings convenient for the administration of justice, provision of technical means and security means for judges and court staff, digitalization (informatization) of the judicial system, unreasonably long legal proceedings time frames, accommodation for judges and employees of courts and the Judicial Department at the Supreme Court of the Russian Federation. The paper also offers approaches to solving each of the mentioned problems. Based on the results of the 2019 meeting of the Presidium of the Council of Judges of the Russian Federation, the paper outlines the proposals on ways to develop the judicial system in the 3rd decade of the 21st century, and names the main factors for their successful implementation.
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Burdina, E. V., and N. A. Petukhov. "The Scientific Concept of the Organization of Judicial Sctivity in the Context of its Digital Transformation: Definition and Content." Rossijskoe pravosudie 6 (May 20, 2020): 13–25. http://dx.doi.org/10.37399/issn2072-909x.2020.6.13-25.
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The digital transformation of the judiciary actualizes scientific problems of a managerial nature related to the search for more effective organizational forms of judicial activity in modern conditions. The purpose of the study is to justify the scientific concept of the organization of judicial activity, the content of which would make it possible to improve the processes of intrasystem management of the activities of the courts to achieve the goals of the formation of the information society and digital economy. The worldview and methodological basis were the work of scientists and the methods used by them in the analysis of the general theory of public management and public administration. The modern scientifically grounded concept of the organization of judicial activity is a system of guiding ideas that define, for a clearly defined perspective, the tasks, principles, directions and organizational and legal forms of public administration in the judicial sphere to achieve national goals. The content of this concept is an intra-system organizational and management activity, considered in two aspects: functional (goals, objectives, principles, directions, forms and means) and institutional (legal statuses, structure of the judicial organization, judicial self-government bodies, public service). It is argued that the intrasystem judicial management reveals the content of the analyzed concept. The authors, analyzing the terms «judicial management» and «judicial administration», consider them close, but not identical, the criterion for distinguishing them is the professionalization of subjects of organizational and managerial activity. The work defines the strategic goals of the judicial management, its main directions. The conclusion is substantiated that a new type of judicial organization will reflect its technological effectiveness and will result from the modification of its model: from the organization of judges and judicial personnel to the model of a unified organization of judges, court administrations and information systems. This organizational regularity will need to be taken into account in judicial reform plans.
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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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Putra, Dedi. "A MODERN JUDICIAL SYSTEM IN INDONESIA: LEGAL BREAKTHROUGH OF E-COURT AND E-LEGAL PROCEEDING." Jurnal Hukum dan Peradilan 9, no. 2 (September 17, 2020): 275. http://dx.doi.org/10.25216/jhp.9.2.2020.275-297.
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The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform in Indonesia, e-court, and access to justice, the conception of e-court including the performance of e-court and its drawbacks and challenges in the digital era. The research method uses normative research by approaching legal review and literature study. The technique of primary data collection applies Supreme Court regulation while means of secondary data are collected from concept or theory as set out under bibliography. Judicial reform in Indonesia is indicated by issuing new regulation regarding e-Court and e-Litigation, the implementation e-Court itself has been attributed to 32 courts consisting of general religious, and state administrative courts. Through e-Court, access to justice more transparent and accessible. Besides, justice seekers have no worries regarding distance issues as of e-Court may allow them to fight in court without face to face. Parties have no doubt relating to the acceleration of court to settle any dispute in Indonesia.
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Nugroho, Wahyu. "INTERACTIONS BETWEEN LEGAL SYSTEMS IN THE JUDICIAL PROCESS OF KENDENG CASE (A CRITICAL ANALYSIS OF ACCESS TO JUSTICE)." Diponegoro Law Review 3, no. 1 (August 31, 2018): 15. http://dx.doi.org/10.14710/dilrev.3.1.2018.15-27.
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The Indonesian state has the characteristic of legal system plurality in a national legal system, it is interesting to be observed from law making, licencing, law implementation, to judiciary process. State organizers in the context of government (executive power) as the licensors of business activities and the judiciary (judicial power) State Administration, as absolute competence over the objects of environmental administration disputes require optical and comprehensive holistic understanding, amidst the very diverse conditions of the legal system (legal pluralism) and a pluralistic society to be bound in a single national legal system (unification). The problem formulation in this paper is: (1) How is the interaction of continental European legal system and customary law system on kendeng case in the tiered judicial process? And (2) how does the interaction affect the legal system on the judge's mindset over environmental permit disputes objects? In relation to executive power as a licensor, the involvement of the public in the process of publishing environmental documents becomes a very important matter. Kendeng Community of Rembang Regency Central Java Province is fighting for its rights and various access to justice, finally choosing the judicial route as the main tool against the state, namely the State Administrative Court (PTUN) Semarang, High Administrative Court (PT TUN) Surabaya, Until the most recent legal remedy in the judicial system in Indonesia, namely the Review Supreme of Court. In this paper, it shows the interaction between the legal system, the continental European legal system and the customary law system in the process of tiered justice as an access to justice for the kendeng mountain community.
13
Bhardwaj, Raj Kumar. "The Indian Judicial System: Transition from Print to Digital." Legal Information Management 13, no. 3 (September 2013): 203–8. http://dx.doi.org/10.1017/s1472669613000443.
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AbstractIn this, the third of a trilogy of articles for LIM written by Raj Kumar Bhardwaj, the author addresses the move from print to digital legal information within the Indian judicial system. He describes briefly the historical development of the legal system and the enormous backlog of cases that are pending throughout the court structure, before turning attention to the role of ICT in the legal system and the moves under way to create a more efficient electronic administration for the judiciary in India.
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Suadi, Amran. "Court Decision Publication and Judicial Reform Based on Electronic Court and Its Implication to Public Trust in Indonesia." Journal of Social Sciences Research, no. 64 (April 5, 2020): 365–73. http://dx.doi.org/10.32861/jssr.64.365.373.
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This paper is motivated by the spirit of judicial reform in Indonesia in the reformation era. The right to access information on judicial institutions is an integral part of the constitutional rights that guaranteed by the Indonesian Constitution and must be fulfilled. The question proposed in this paper is how far the court decisions publication and judicial reform based on electronic courts implicated to increase public trust to judicial institutions in Indonesia? On the one hand, public information disclosure is a demand for democracy, transparency, and accountability of judicial institutions to gain the public trust. On the other hand, the level of public trust to the judicial institution is still low. The research objective is to provide a general description the judicial information system services based on electronic court through the Supreme Court Decisions Directory and its implication to increase the public trust to the judicial institutions in Indonesia. The results of this study indicate that the public can now easily access all court information ranging from case administration service procedures to issuing court decisions, which also has implications to increase the public trust to the judicial institutions itself. The evidence can be seen in the decision-making filing program in the last ten years, in which the Indonesian Supreme Court has also succeeded in publishing 4,661,021 court decisions, consisting of 4,403,428 at first-level court decisions, 123,995 at appellate court decisions, 100,863 at verdict decisions, and 32,735 at reconsi¬deration decisions.
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Nownes, Anthony J., and Colin Glennon. "An Experimental Investigation of How Judicial Elections Affect Public Faith in the Judicial System." Law & Social Inquiry 41, no. 01 (2016): 37–60. http://dx.doi.org/10.1111/lsi.12159.
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Judicial scholars have often speculated about the impact of elections on the administration of justice in the state courts. Yet relatively little research has concerned itself with public perceptions of state court selection methods. Of particular interest is the concept of legitimacy. Do elections negatively affect public perceptions of judicial legitimacy? Bonneau and Hall (2009) and Gibson (2012) answer this question with an emphatic “No.” Judicial elections, these studies show, are not uniquely troublesome for perceptions of institutional legitimacy. This article aims to extend the findings of Bonneau and Hall and Gibson via a laboratory experiment on the effects of elections on public perceptions of judicial legitimacy. In the end, we find that because elections preempt the use of the other main selection method—appointment—they actually enhance perceptions of judicial legitimacy rather than diminish them.
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Aceh, Mahdi. "EKSISTENSI PERADILAN ADAT DI ACEH." HUNAFA: Jurnal Studia Islamika 8, no. 2 (December 13, 2011): 189. http://dx.doi.org/10.24239/jsi.v8i2.362.189-215.
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This paper deals with the existence of customary courts in Aceh in the national judicial system. From formal-juridical perspective, the existence of customary courts is not clearly stated; however, the practices of community have indicated that most of civil disputes and criminal offenses were resolved by the customary courts in Aceh. The question relates to such issues as administration of Aceh customary courts, duties of functionaries in this customary courts, and its existence within the national judicial system. This paper shows that, although the local government of Aceh does not legally include customary court as one of the state official justices, this kind of court has been sociologically recognized in resolving disputes that occur in the society. Furthermore, the local government of Aceh has codified it in the form of qānūn (legal code).
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Shcherbak, A. V. "PECULIARITIES OF THE DISTRIBUTION OF COURT CASES BETWEEN JUDGES." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 114–17. http://dx.doi.org/10.15421/3919106.
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The article analyzes the legal regulation of the relations related to the functioning of the automated system of court documents circulation by means of innovative methods in order to improve the administrative and administrative functions in the judicial system of the country. The judicial system has been the focus of much public debate in recent years. The content of these debates lies in the efficiency of the functioning of the judiciary. Considering the real impact of the people of the judiciary and litigants on the need to achieve the optimal distribution of court cases among judges in real time is an urgent need for this branch of government today. Accordingly, the use of methods and methods that will facilitate the work of the court and satisfy the requirements of participants in the process of administrative construction of the distribution of court cases and achieve as a result of a good indicator of the quality of court services is becoming a significant lever. Courts exercise the judiciary independently, regardless of their will, subject only to the Constitution of Ukraine and the legislation of Ukraine. The quality of this activity, including the accessibility of the judiciary, the promptness, reasonableness and fairness of justice, is ensured not only by the judges, but also by their assistants and other officials of the apparatus. Creating a real optimization of the distribution of court cases is the driving force behind the process of creating an effective system in creating a high-quality operational functioning of the court apparatus and justifying trust in justice. It is no accident that the disclosure of this problem has been made since there is always a contradiction between the benefits of ensuring the transparency of court work and the swift and qualified resolution of cases. Human resources in the system of effective judicial administration in terms of the distribution of court cases among judges are significant levers in improving this system. An automated system makes this process a more innovative way, and a person must identify the best means of such filtering, by which, not only will the cases be quickly distributed and confidence from the participants of the process lost, but also a competent and prompt decision is made. Creating a positive image of the judiciary through the effective work of judges through the “prism” of courtroom auxiliaries is the primary purpose of this article.
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Afesha, Nigussie. "Judicial Power Decentralization in Ethiopia: Practical Limitations and Implications on Self-governance of Regional States." Mizan Law Review 13, no. 3 (December 31, 2019): 363–83. http://dx.doi.org/10.4314/mlr.v13i3.2.
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Ethiopia’s Constitution provides for a parallel –federal and state– court system. While federal courts entertain cases of federal matter, state courts adjudicate regional matters. However, there are ambiguous issues and practical limitations relating to this judicial power decentralization, some of which have an undesirable implication on the self-governance of regional states. These are the federal versus state matter controversy, the scope of the Federal Judicial Administration Council’s involvement in the nomination of state court judges, lack of standard criteria to calculate the cost regional state courts incur in exercising delegated judicial powers and the issue of cassation over cassation on state matters. Several challenges arise from the distribution of judicial authority in Ethiopia. First, regional states have done little with regard to distinguishing state matters from federal matters, and claiming reimbursement for costs they incur in exercising delegated federal judicial power. Second, the federal Supreme Court allocates nominal compensatory budget without considering the number of federal cases that are adjudicated in state courts and accordingly computing the cost incurred while state courts exercise delegated federal judicial power. Third, cassation over cassation on state matters seems to be inconsistent with the federal arrangement. These factors indicate gaps in the decentralization of judicial power which necessitate constitutional and legislative measures that can rectify these limitations commensurate with the power of regional states to exercise judicial power in regional matters.
Key terms
Judicial power, Federalism, Decentralization, Self-governance, Ethiopia
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Pratiwi, Sahira Jati, Steven Steven, and Adinda Destaloka Putri Permatasari. "The Application of e-Court as an Effort to Modernize the Justice Administration in Indonesia: Challenges & Problems." Indonesian Journal of Advocacy and Legal Services 2, no. 1 (March 31, 2020): 39–56. http://dx.doi.org/10.15294/ijals.v2i1.37718.
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The Industrial Revolution 4.0 was an era marked by the carrying out of various technology-based human activities as a result of the transformation of life. This revolution has penetrated into various sectors of life, including the rule of justice. In order to face this revolution, the court is demanded to be able to provide legal services electronically through an application called e-Court. This application is an embodiment of The Electronic Justice System which has become a commitment of the Supreme Court of the Republic of Indonesia with the aim to synergize the role of information technology and procedural law. The presence of e-Court is expected to be able to overcome various problems in the Indonesian judicial process, such as the resolution of disputes that are running slowly, less responsive courts, and expensive judicial costs. Juridically, Law Number 48 of 2009 contains judicial principles. As stated in the law, cases submitted to the court must be resolved quickly, simply, and at a low cost. This means that the whole judicial process must be carried out with regard to effectiveness and efficiency in order to overcome obstacles in the justice administration. Thus, the presence of e-Court is expected to overcome various problems in the administration of justice with technology-based services. These services include online case registration, online case fee down payment, online party summons, and electronic trials. Therefore, this paper intends to describe the problems and challenges e-Court application in an effort to face the industrial revolution 4.0 in Indonesia.
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Volovyk, S. V. "Principles of IP-Court Activity in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 116–23. http://dx.doi.org/10.32631/v.2020.2.11.
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The principles of IP-court activity in Ukraine have been studied. It has been emphasized that the urgent issues currently are to review the existing approaches to reforming the judicial system of Ukraine, based on the gained experience of establishing specialized courts, defining principles as guidelines for the functioning of IP-court in Ukraine as the Higher Specialized Judicial System of Ukraine.
The concept of “principles” and their classification have been defined. The author has noted the importance of international principles of court activity in Ukraine. The regulatory base of courts activity has been characterized, where the principles of functioning of courts and judges in Ukraine have been defined. The author has singled out such an international legal document as the Basic Principles of Judicial Agencies’ Independence, which enshrines the following principles of IP-court activity in Ukraine: the principle of judicial agencies’ independence; the principle of freedom of speech and associations; the principle of qualification, selection and training; the principle of professional secrecy and immunity.
The category of “principles of IP-court activity in Ukraine” has been offered to understand as a set of guiding (fundamental) ideas, grounds, principles of operation and functioning of IP-court in Ukraine that ensure the proper administration of justice, respect for rights and fundamental freedoms during the trial and ensuring the right to a fair trial.
The principles of the IP-court activity in Ukraine are as follows: 1) general and legal: the rule of law principle; the principle of observance of human rights and fundamental human and civil freedoms; the principle of legality; the principle of openness and transparency of court proceedings; the principle of political or other impartiality; the principle of reasonable terms; 2) special principles of IP-court activity in Ukraine: the principle of independence of judicial agencies; the principle of freedom of speech and associations; principle of qualification; the principle of professional secrecy.
It has been concluded that enshrining the principles of operation and functioning of the Supreme Court on Intellectual Property Issues in the Law of Ukraine “On the Supreme Court on Intellectual Property Issues” will increase the efficiency of the judicial system of Ukraine and significantly affect the authority and prestige of IP-court in Ukraine.
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Matić Bošković, Marina. "COURT STATISTICS – A TOOL FOR MANAGEMENT AND STRATEGIC PLANNING." Journal of Criminology and Criminal Law 58, no. 3 (December 12, 2020): 81–96. http://dx.doi.org/10.47152/rkkp.58.3.6.
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Court statistics developed over the time from bureaucratic data collection to monitoring and evaluation of court performances and judicial reforms. In the Europe, the Council of Europe CEPEJ contributed to the promotion of court statistics as a tool for management over judiciary and evaluation of judicial performances. Modern use of statistical reporting requires setting of performance indicators, which tracking will enable monitoring of court performance and inform decision making on further actions. Some of performance indicators are recommended by the CEPEJ and are widely accepted, like clearance rate and disposition time. However, court statistics could include information beyond court cases, like financial data per court and human resource data, which could inform interventions in the area of human resource management and financial resource management, i.e. equalization of workload among courts and judges, as well as calculation of cost per case. The use of information and communication technologies (ICT) in the courts and court statistics contributed significantly to improvement of administration of justice, through development of automatized case management systems, automatic export of relevant reports on court performance based on predefined indicators. However, few preconditions are required for successful deployment of the ICT in judiciary. Countries were putting efforts to strengthen court statistics and some good practices were developed over time. Slovenia dashboard for improvement of disposition time and Serbian court maps for tracking backlog reduction are good examples that could be used replicated in countries with similar challenges and goals.
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Bakurova, Anna, Mariia Pasichnyk, Elina Tereschenko, and Yurii Filei. "Production model for administration of judicial decisions in the case of theft." SHS Web of Conferences 65 (2019): 04012. http://dx.doi.org/10.1051/shsconf/20196504012.
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The economic essence of the theft, as a crime against property, and its connection to unemployment is revealed. The general model of the support system making court decisions as fuzzy production system is developed. For the case of theft (Article 185 of the Criminal Code of Ukraine), two variants of the implementation of the fuzzy production system - the Mamdani and Sugeno algorithms - are proposed. Incorporation of the developed model into the “Electronic Court” system, which is a feature of the information society, is able to increase the level of automation of judicial practice and prevent corruption.
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Jarosz-Żukowska, Sylwia. "Rady Sądownictwa w Danii." Przegląd Prawa i Administracji 119 (January 20, 2020): 27–38. http://dx.doi.org/10.19195/0137-1134.119.3.
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COUNCILS FOR THE JUDICIARY IN DENMARKThe purpose of this study is to discuss the political position, composition and competences of two independent judicial institutions operating in Denmark, namely the Danish Court Administration and Council for Judicial Appointments. Their establishment in 1998 they began operating on 1 July 1999 was undoubtedly the implementation of the constitutional guarantees of independence of judges, and in practice it also became an important factor in the very high level of confi dence of Danish society in the justice system. Both Danish judicial councils are statutory bodies because the 1953 constitution does not require the establishment of such institutions.
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Parchomiuk, Jerzy. "Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System." Baltic Journal of Law & Politics 12, no. 1 (June 1, 2019): 87–114. http://dx.doi.org/10.2478/bjlp-2019-0004.
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Abstract The sovereign nature of the forms of operation of cultural heritage protection authorities, the polarization between the individual interest and the public interest, discretion margin in the activities of the authorities – all these elements create a kind of “explosive mixture”, which is the source of the legal disputes between the owners of historical monuments and historical monuments protection bodies. The key element of the guarantee of individual freedom is the judicial review of public administration. Therefore, it is a matter of dispute to which extent the public administration is subject to judicial review when performing the tasks entrusted. The aim of this article is to show how Polish administrative courts approach the problem. What methodology of the review of discretion margin do they use? How do they solve the dilemma: who makes the final decision – the body or the court? Do they retain judicial self-restraint or are they ready and willing to interfere in the merits of the decision?
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Hama, Zana Rauf, and Sakar Kakamad Husein. "The role of administrative judiciary in the implementation of judicial decisions by the public official." Journal of University of Human Development 3, no. 4 (December 31, 2017): 51. http://dx.doi.org/10.21928/juhd.v3n4y2017.pp51-80.
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Since the court ruling is the title of fact, the implementation serve as the transfer of that fact from stillness to movement and transfer it from theoretical to the practical reality where the administrative judge in the administrative area arbiter between two unequal sides, namely administration and personnel.The administration's failure to implement judicial rulings is a serious breach of the principle of separation of powers, and when it is said that the power of the state lies in the power of jurisdiction, the power of the judiciary lies in the implementation of its provisions and resolutions. So the administrative judge must activate his role and find a special legislative texts to address the problem of non- implementing the provisions of the judiciary and fill the legislative deficiencies and not to stay in imitation of the legal system of French and Egypt but the quest to develop the administrative judiciary in Iraq because the administration's respect for the freedom of the provisions issued by the administrative court is a legal obligation imposed on them otherwise, it leads to create chaos and regarded as violation of the law requiring (civil and criminal) blame. The phenomenon of refraining from carrying out judicial and administrative provisions by the administration is one of the problems experienced by much of the world, because the legislation often did not give this problem a deal of importance, so the legislature's task is to stand against this phenomenon and reduce it through strict laws so that the management cannot circumvent it.
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Olii, Masri. "Principles of Justice, Conference and Legal Accountability in Divorce Rules." International Journal of Nusantara Islam 8, no. 2 (December 15, 2020): 282–88. http://dx.doi.org/10.15575/ijni.v8i2.12408.
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The Religious Courts, in the last decade (since 2005) or since the implementation of the one roof system of judiciary, have made various improvements in the administration of justice to support efforts to reform the judiciary based on the principles of transparency and accessibility for all. the justice seeker. The Religious Courts are trying to reform several sub-systems in the judicial system that have so far not reflected equal access for justice seekers as well as protection or partiality for the rights and legal access of women, children, and the poor. The results of this study indicate that: the religious court is a place to seek justice and resolve Islamic family law problems, so in providing services to the community, it has the main task of providing fair and humane treatment to justice seekers, providing sympathetic services and assistance needed for justice seekers, and provide effective, efficient, thorough and final settlement of cases so as to satisfy the public.
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Haq, Hilman Syahrial, Achmadi Achmadi, Arief Budiono, and Sinung Mufti Hangabei. "Management of National Judicial System Control Based on Local Laws: A Case Study at the Mediation Center in Lombok, Indonesia." Lex localis - Journal of Local Self-Government 19, no. 3 (July 22, 2021): 485–501. http://dx.doi.org/10.4335/19.3.485-501(2021).
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This study aimed to keep the quality of judges' decisions and to reduce the burden of cases that accumulate in the courts. This research was conducted through observation, interviews, and literature study at the mediation center in the Sasak community with a qualitative analysis, using a case and statute approach. It was found that based on the Regional Regulation Number 9 of 2018, the mediation center and the court can be integrated institutionally through several concepts: first, making the mediation center as a filtering instrument of dispute so that the court ultimately only functions as a final settlement; second, making the executive power on the peace agreement produced by the mediation center in a peace deed (vandading deed); third, the Sasak community's control-management procedure based on local laws in the form of the Mediation Center Institution is an alternative to resolve local community disputes.
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Mohammad Hazim ShahMohammad Hazim Shah, Mohammad Hariz Shah, and Mohammad Hazim Shah. "Ahmad Ibrahim dan Sumbangannya dalam Perkembangan Islam di Malaysia." Journal of Al-Tamaddun 16, no. 1 (June 29, 2021): 81–98. http://dx.doi.org/10.22452/jat.vol16no1.6.
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Ahmad Ibrahim was one of the key individuals who was responsible in developing the administrative legal system in Malaysia through judicial reform of the Sharia Court. Since colonial period, the Civil Court has been dominating the country’s legal system thus inhibiting the progress and contribution of Islamic law as well as limiting the jurisdiction of the Sharia Court. This article discusses the history of the Islamic law in Malaysia in the judicial administration context as well as analyses the achievement and development of the Sharia Court seen today as a result of the contributions and ideas conceived by Ahmad Ibrahim. This study uses the qualitative method by way of document analysis from books, journal articles, conference papers, newspaper excerpts and statutes such as the Federal Constitution, Acts, Enactments and related cases. The finding suggests that the modern and dynamic landscape of Malaysia Sharia Courts today is the result of Ahmad Ibrahim’s ideas and works through administrative, legal and educational approach which is organic and non-confrontational. This approach is indeed suitable and harmonious in the context of Malaysian multiracial and religious society.
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Rumadan, Ismail. "PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System)." Jurnal Hukum dan Peradilan 3, no. 3 (November 28, 2014): 243. http://dx.doi.org/10.25216/jhp.3.3.2014.243-252.
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Efforts to support the creation of an independent judiciary as a constitutional mandate in its development has held several changes to the Judicial Authority Law, the last change is the Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the criminal justice system. This concept requires that the law enforcement process should be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court). Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of the functions of the judicial authorities even add complexity implementation of judicial power function itself, so that the implementation of judicial power considered not able to guarantee legal certainty and justice for litigants. This paper is limited to the study of these two issues in order to reinforce our commitment to build a sound administration of justice and independent in order to provide access to justice for all people and a healthy justice will only be realized in a reciprocal relationship between the environment and the environmental justice community. Keywords: The Judiciary, Law Enforcement
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Kibets, V. O. "ESITS as the digital future of the judicial system." Legal horizons, no. 22 (2020): 105–9. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p105.
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The article considers theoretical and legal issues concerning the introduction of a single judicial information and telecommunication system in the process of justice. The relevance of the article is due to the need for an objective understanding of the possibilities and benefits of e-litigation by a wide range of litigants. At the same time, the purpose of the article is a general description of the potential of electronic court services, including the active use of HCJ systems by the courts of Ukraine. On the basis of the analysis of normative-legal acts the essence of electronic services is revealed, prospects of introduction of separate digital technologies in legal proceedings are considered. The construction of ESITS is described. Emphasis is placed on the fact that the need for the introduction of advanced digital technologies is really a matter of time. Based on the practice of using the video conferencing system, it can be seen that judges hold meetings using TrueConf, EasyCon, Skype, Zoom or Webex. It is noted that the use of digital technologies in the judiciary provides convenience and efficiency in the administration of justice. It is recommended that in order to promote and present the capabilities and benefits of the «Electronic Court», as well as other subsystems of the EUCIT to conduct appropriate educational activities throughout Ukraine for the judiciary, as well as for lawyers, legal entities and individuals, for those who provide legal assistance or may be a party to the proceedings. It was concluded that the further implementation of the EITC should facilitate the preparation and conduct of the trial, and the monitoring of the pages discussed in social networks as a means of public opinion, information by legal communities, analysis of publications of legal practitioners shows that in general the EITC perceives positive and expect its full launch.
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Viapiana, Federica. "Pressure on Judges: How the Budgeting System Can Impact on Judge’s Autonomy." Laws 7, no. 4 (December 19, 2018): 38. http://dx.doi.org/10.3390/laws7040038.
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Performance-based budgeting is a label that groups different budgeting models, developed in the New Public Management era, that link the funding to the performance of agencies. If European justice systems have been unresponsive to apply managerial techniques to courts, this is particularly true for modern budgeting techniques. Courts’ budgets have been, and still are in many cases, drafted only on historical costs, and, although important for the court functioning, it has been one of the most neglected subjects in court administration studies. In recent years, some countries have been developing new approaches to justice systems and court budgeting, using a “performance-based” budget perspective, which relates the courts’ budget to the efficiency results, setting specific performance targets. Although fundamental to ensure transparency, accountability, and proper resource allocation among courts, these approaches have an impact on judicial independence and autonomy, because they may put pressure on judges’ productivity and efficiency, to the detriment of quality. Building on two case studies, Finland and The Netherlands, this paper aims to analyze how, and to what extent, the “performance-based” budgeting system is influencing the functioning of courts and the autonomy of judges.
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P. Treskov, Aleksej, Evgeniy V. Aristov, Alevtina E. Novikova, Andrey A. Solovyev, and Aleksandr D. Khlebnikov. "STANDARD CONSTITUTIONAL CATALOG OF PRINCIPLES OF JUDICIAL AUTHORITY IN THE CIS COUNTRIES." Humanities & Social Sciences Reviews 7, no. 3 (May 25, 2019): 521–26. http://dx.doi.org/10.18510/hssr.2019.7377.
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Purpose of Study: The present paper presents the results of a comparative legal analysis of constitutions of the CIS-member states in order to identify a standard catalog of judicial power principles in them, considering their interpretation as a set of fundamental principles determining the institutional and procedural aspects of judicial power. There is a lack of unity in the institutional and procedural aspects of the considered fundamental ideas together with a unified approach to the formation of a principles catalog for the judiciary in the focus group of constitutions.
Methodology: The present study was based on a rational approach to the disclosure of legal phenomena and processes, using general (system, logical, analysis and synthesis) scientific and private scientific methods. Among the latter are the formal legal, linguistic legal, comparative legal, collectively used to identify the judiciary principles.
Results: The identified standard list of constitutional principles of the judiciary in the CIS countries is presented. It includes the justice administration only by the court, organization legality and judiciary activities, prohibition of creation of emergency courts, independence, interaction, inadmissibility of interference with judiciary implementation, openness, competitiveness and equality of the parties, the state language of legal proceedings, cooperation and unity of procedure, court decisions, and state funding of courts
Implications/Applications: The comparative legal analysis, with a unified approach to the formation of the list of principles of the judiciary in the focus group of Constitutions, the lack of unity in institutional and procedural aspects of the fundamental ideas can be still stated. We believe that this discrepancy mediates the integration of the considered principles in the judiciary’s framework.
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Kolos, B., and N. Lobaz. "What should be the judicial system of Ukraine?" Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 20, no. 86 (March 1, 2018): 121–24. http://dx.doi.org/10.15421/nvlvet8623.
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The article outlines the proposed model for Ukraine of a new highly effective judicial system in which corruption and bribery will be impossible. It will be transparent, understandable, fair, transparent and accountable to Ukrainian citizens. After all, Ukraine has been shocking for the third decade by a mess in the state-government system. These are chaotic actions by government officials, the police, the SBU, the prosecutor's office and the courts. Therefore, this problem is complex. Because the occurrence of a problem in any process means that managing it is wrong. That is why Ukraine needs such a system of state governance based on the foundations of fundamental social sciences. Among the processes of public administration is a special place in the judicial system, designed to maintain justice in society. The system of democracy means that there should not be any official, enterprise or organization, uncontrolled and non-accountable community on the territory of the settlement! That is, the entire community, as the supreme authority in its territory, should be appointed, controlled, dismissed and punished for the offense by all the government positions, including the police, the prosecutor's office, the SBU, the courts. In this situation, double-no subordination must act. For example, a policeman should be administratively subordinated to the community, and methodically – the Ministry of Internal Affairs of Ukraine. After all, without exception, the governing bodies are obliged to ensure the freedom, rights, security and supreme power of the members of the community and the implementation of the National Idea. Therefore, the communities of the settlement are not in the right to impose any rulers from the outside. Because this is a dictatorship, not democracy. Therefore, the hierarchy of the judicial system in Ukraine should be built from below to the top. That is, from communities of settlements. For judges at these levels, they must vote in person. In the settlements, the entire community should be elected by the World Judges who are required to resolve the conflicts at the inception stage on the initiative of one, all conflating parties or third parties whose rights have been violated. The next instance should be the Local Court of the settlement, elected by the community. He should consider cases that were not resolved by the World judges, with their compulsory written conclusions. In the case of a judge of the Local Court, an Appellate Commission of the community of the village, in compliance with the freedoms, rights, security and supreme power of the person and the current legislation, shall consider the case of an unlawful decision. For making an illegal decision, the Commission has the right to impose on a judge and at the same time on the head of the court: a disciplinary sanction; dismiss from positions, deprive of all statuses and privileges; to prosecute them without the right to occupy any position related to legal activity for life. The highest judicial body should be the relevant Chamber of the Supreme Court of Ukraine. Judges of all levels must be selected on a competitive basis on the level of morality, on-national patriotic level, legal education and practical experience in legal work. The rest of the autonomous judicial structures must be eliminated as such, which rests on the body of the working people. Indeed, each judicial authority can, without any obstacles, have in its subordination the necessary sectoral Chambers.
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Suparto, Suparto. "THE COMPARISON BETWEEN THE JUDICIAL COMMISSION OF THE REPUBLIC OF INDONESIA AND THE NETHERLANDS COUNCIL FOR THE JUDICIARY." UNIFIKASI : Jurnal Ilmu Hukum 6, no. 1 (August 26, 2019): 40. http://dx.doi.org/10.25134/unifikasi.v6i1.1527.
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The purpose of this study is to analyze the position and authority of the Judicial Commission of the Republic of Indonesia and its comparison to the Netherlands Council for the Judiciary. This comparative study applied a normative juridical method. The data used in this study were secondary data. The collected data were then analyzed qualitatively. The results showed that Judicial Commission has an important position in judicial system in Indonesia so as structurally, its position is aligned with the Supreme Court and the Constitutional Court of the Republic of Indonesia. Yet, functionally, its role is auxiliary to the judicial power institutions. Although the function of the Judicial Commission is related to judicial power, but the Judicial Commission is not an agent of judicial power, rather, it is an agency enforcing code of ethics of judges. Besides, the Judicial Commission is also not involved in the organization, personnel, administration and financial matters of judges. This condition is different from the Judicial Commission in European countries, such as the Netherlands. The Judicial Commission in the Netherlands (The Netherlands Council for the Judiciary) has an authority in the area of technical policy and policy making in the field of justice. The Netherlands Council for the Judiciary and other Judicial Commission in European countries generally have the authority in managing organization, budget and administration as well as in conducting promotions, transfers, and recruitments as well as imposing sanctions on judges. Thus, the Supreme Court only focuses on carrying out judicial functions and does not deal with administrative and judicial organization matters.�Tujuan dari penelitian ini adalah untuk mengetahui dan memahami tentang kedudukan dan kewenangan Komisi Yudisial Republik Indonesia serta perbandingannya dengan Komisi Yudisial Belanda. Metode penelitian yang digunakan yaitu yuridis normatif dengan cara perbandingan (komparatif). Data yang digunakan adalah data sekunder sedangkan analisis data dilakukan secara kualitatif. Hasil penelitian yaitu bahwa kedudukan Komisi Yudisial sangat penting, sehinggasecara struktural kedudukannya diposisikan sederajat dengan Mahkamah Agung dan Mahkamah Konstitusi. Namun demikian� secara fungsionalperannya bersifat penunjang (auxiliary) terhadap lembaga kekuasaan kehakiman. Komisi Yudisial meskipun fungsinya terkait dengan kekuasaan kehakiman tetapi bukan� pelaku kekuasaan kehakiman, melainkan lembaga penegak norma etik (code of ethics) dari hakim. Selain itu Komisi Yudisial juga tidak terlibat dalam hal organisasi, personalia, administrasi dan keuangan para hakim. Hal ini berbeda dengan Komisi Yudisial yang ada di negara Eropa misalnya Belanda. Komisi Yudisial di Belanda (Netherland Council for Judiciary) memiliki kewenangan pada area kebijakan teknis dan pembuatan kebijakan pada bidang peradilan.Komisi Yudisial Belanda dan di Eropa pada umumnya mempunyai kewenangan dalam hal mengelola organisasi, anggaran dan administrasi peradilan termasuk dalam melakukan promosi, mutasi, rekruitmen dan memberikan sanksi terhadap hakim. Mahkamah Agung hanya fokus melaksanakan fungsi peradilan yaitu mengadili
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Hadjon, Philipus M. "PERADILAN TATA USAHA NEGARA DALAM KONTEKS UNDANG-UNDANG NO. 30 TH. 2014 TENTANG ADMINISTRASI PEMERINTAHAN." Jurnal Hukum dan Peradilan 4, no. 1 (March 31, 2015): 51. http://dx.doi.org/10.25216/jhp.4.1.2015.51-64.
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Act No. 30 Year 2014 on Government Administration (UU AP) instead of administrative law. The concept of public administration (AP) in Article 1.1 is governance in the decision and / or action by the official agency and / or government. When compared with the Dutch Algemene wet Bestuursrecht (AWB), it seems obvious differences. AWB moved from the concept of administrative law (bestuursrecht) while the AP is the starting point of government dministration. That in AP there are aspects of administrative law, but the concept of administrative law is confusing. On the basis, the common explanations of AP stating AP Act is a substantive law of the State Administrative Court system becomes a big question mark. AP Act provisions concerning Administrative Court is not based on a clear conceptual approach. On the basis, AP Act concerning Administrative Court is very difficult to apply in judicial practice as well as vague concepts is also contrary to the concepts of administrative law. Keywords: Judicial, Administrative Court, Act No. 30 Year 2014 on Government Administration
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Afeadie, Philip Atsu. "Ambiguities of Colonial Law: the Case of Muhammadu Aminu, Former Political Agent and Chief Alkali of Kano." History in Africa 36 (2009): 17–52. http://dx.doi.org/10.1353/hia.2010.0002.
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Colonial law in Africa involved European moral and legal codes representing some rules of western law, as well as elements of African customary law. However, the colonial situation embodying political and economic domination necessarily negated the ideal practice of the rule of law. Nevertheless, the need arose to introduce some aspects of western law and codes of administration, including salary and benefits schemes for African employees of the colonial government, and legal entitlements such as court trials for accused government employees. These considerations were deemed necessary, if at least to propitiate metropolitan critics of the colonial establishment. Also some rule of law was required for the organization of the colonial economy, including regulation of productive systems and commercial relations. As well, the need for indigenous support necessitated dabbling in indigenous customary conventions. In Muslim polities such as Kano in northern Nigeria, customary conventions included Islamic law.On the establishment of colonial rule in Kano, judicial administration was organized on three principal institutions, involving the resident's provincial court, the judicial council (emir's court), and the chief alkali's court in Kano City with corresponding district alkali courts. The resident's provincial court had jurisdiction over colonial civil servants, including African employees such as soldiers, police constables, clerks and political agents. Also, the provincial court was responsible for enforcing the abolition of the slave trade in the region. The judicial council, classified as “Grade A” court, was composed of the emir, thewaziri(chief legal counselor), the chiefalkaliof Kano (chief judge), theimam(the religious leader of Kano mosque), thema'aji(treasurer), and general assistants including some notable scholars of Kano city. The council adopted thesha'ria(Muslim law) and local Hausa custom, and its jurisdiction extended over “matters of violence, questions of taxation and administration, and cases involving property rights, whether over land, livestock, trade goods, or slaves.” On the issue of capital sentencing, the judicial council required the approval of the resident. The council was also prohibited from authorizing punishments involving torture, mutilation, or decapitation.
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Rozsnyai, Krisztina F. "Current Tendencies of Judicial Review as Reflected in the New Hungarian Code of Administrative Court Procedure." Central European Public Administration Review 17, no. 1 (April 24, 2019): 7–24. http://dx.doi.org/10.17573/cepar.2019.1.01.
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The continuing expansion of judicial review of administrative actions, as seen throughout Europe, led to the engulfment of the administrative judiciary towards the end of the last century. Review within a reasonable timeframe is hard to grant for this reason: the tensions between lawfulness and efficiency are amplified. The answers given to alleviate this tension raise questions that lie at the heart of the principle of separation of powers. This article aims to present some of respective tendencies, which lead to new equilibriums in the system of checks and balances between public administration and the judiciary. To concretise these tendencies, the article analyses some relevant solutions given by the very new code on administrative court procedures, the Hungarian Act No. I of 2017. The most important elements of the regulation of procedures for judicial review of administrative action are provided in a dogmatic and a comparative perspective showing the changes of rules and/or their interpretation through the judiciary. Thus, also important challenges regarding the present understanding of the doctrine of separation of powers are emphasised. The most important elements of the new Hungarian regulation are presented in a coherent system, which also gives insight on the codificational considerations. Moreover, the legislation and jurisprudence must deal with the highlighted aspects in any national and EU legal systems alike.
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Ponomarova, O. "Functions of the Commercial Cassation Court in the Supreme Court in Ukraine." Herald of criminal justice, no. 4 (2019): 123–29. http://dx.doi.org/10.17721/2413-5372.2019.4/123-129.
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During the judicial reform of 2016, the Law of Ukraine "On Judicial System and Status of Judges" was adopted from 02.06.2016 No. 1402-VIII, as well as amendments to the procedural legislation, which created the legal basis for the creation of a new Supreme Court as a whole and in its composition economic court, in particular. Established on the basis of the Supreme Economic Court of Ukraine, the Court of Cassation within the Supreme Court assumed the main functions of the court of cassation of economic jurisdiction and organizationally took the place of the structural unit of the Supreme Court, which operates within the unified system of interaction between the courts of cassation and the Supreme Court. As the cassation instance in the field of economic justice in accordance with the Law of Ukraine " On Judicial System and Status of Judges " of 02.06.2016 No. 1402-VIII has changed, in particular, it is currently acting in the form of the Court of Cassation within the Supreme Court, so the author has a need more detailed study of their functions, which is the purpose of the article. The author has made a thorough analysis of scientific approaches to understanding the essence of the concept of "function". In addition, the article deals with the classifications of the functions of the cassation instance ..., given by domestic scientists, and on their basis proposed its own classification of the functions of the Court of Cassation within the Supreme Court. In particular, the author substantiates the concept of dividing the functions of the Court of Cassation within the Supreme Court into two groups: main and derivative. The main function of the Court of Cassation in the Supreme Court, according to the author, is the function of justice, which is manifested through the functions of cassation and appeal review cases. In its turn, the author of the article refers to the following functions: 1) supervision of the activity of lower courts and control over the observance of the rules of law; 2) ensuring the unity of case law; 3) interpretation function; 4) explanatory function; 5) analysis and synthesis of case law. On the basis of a comprehensive analysis of theoretical developments in national science and a practical approach to the definition of functions, the author concluded that all functions of the Court of Cassation are closely related to each other, and they are inherently complex in the administration of justice.
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Han, Sang-Hie. "On Reform of the Judicial Administration System - Can the Model of Council for Judiciary heal the Maladies of Korean Court System? -." Kyung Hee Law Journal 54, no. 2 (June 30, 2019): 57–106. http://dx.doi.org/10.15539/khlj.54.2.3.
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Bastarreche, Tomás. "POPULATION CRITERIA AND BUDGETARY DETERRANT: DETERMINING FACTORS IN THE QUALITY OF THE SPANISH CRIMINAL JUSTICE SYSTEM." RDUno: Revista do Programa de Pós-Graduação em Direito da Unochapecó 3, no. 4 (April 20, 2021): 84–108. http://dx.doi.org/10.46699/rduno.v3i4.5765.
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What is the quality of justice? As Melcarne and Ramello (2019) have recently pointed out, there is no clear interaction between quality and quantity in understanding or measuring judicial performance. However, the lack of human resources is often blamed for delays in the delivery of decisions (quantity) in most judicial systems - and could in fact mean a violation of the principle of due process. However, the study shows how difficult it is to assess quality, since even quantity (in fact calculable) cannot always be a trustful variable to measure it. In Spain, it is possible to assume that penal judges work more or less the same. Yet, not all judgments have the same quality. The problem is in the District Courts (some of insufficient size) with provincial criminal jurisdiction. They constantly run the risk - and do so - of breaching the principle of judicial impartiality. This does not happen in the Spanish Supreme Court or in the large District Courts. It is a problem in the judicial performance of justice and in the Administration of Justice. Yet, there are no budgetary or even regulatory stimuli to resolve this situation. A situation that implies a breach of the principles of due process and therefore of the fundamental rights of the accused.
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Lutsenko, P. A. "Forms of the exercise of judicial power in criminal proceedings in the context of the procedural status of the court as a participant in criminal proceedings." Penitentiary science 13, no. 3 (December 9, 2019): 376–85. http://dx.doi.org/10.46741/2686-9764-2019-13-3-376-385.
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The article analyzes the procedural status of the court as a participant in criminal proceedings, taking into account the specifics of its legal status and its functions. The legal status of the court in criminal proceedings is determined by the lack of public or personal interest in the outcome of the criminal case, which not only determines the adversarial form of proceedings, but also guarantees the independence of the judiciary in the administration of justice. The author comes to the conclusion that the concept of “court” is collective, because, on the one hand, it is a state institution that is part of the judicial system, on the other hand, a judge is a carrier of power, considering a criminal case on the merits and making decisions stipulated by by law. The judicial system has a sign of instancedness, due to its internal hierarchical structure. The presence of judicial instances predetermines the movement of a criminal case, is a structural mechanism for the implementation of the function of internal judicial control and supervision and also protects the rights and legitimate interests of participants in criminal proceedings and other interested parties. The powers of the court are considered on the basis of a functional criterion, namely: resolution of the criminal case on the merits; control over the activities of preliminary investigation bodies; consideration of complaints about actions (inaction) and decisions of officials conducting criminal proceedings; response to the violations of the rights and freedoms of citizens, the principle of legality, established circumstances that contributed to the commission of a crime committed during the criminal proceedings by issuing a private ruling or decision.
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Parveer, Anjum, and Sandhya Verma. "Institutional problems in the indian judicial system relating to admissibility of scientific evidence: Causes and remedies." IP International Journal of Forensic Medicine and Toxicological Sciences 6, no. 2 (July 15, 2021): 43–46. http://dx.doi.org/10.18231/j.ijfmts.2021.011.
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Problems with Justice are many although the object of every criminal Law is Justice, because Administration of Law always seeks to fair conclusion of Criminal Litigation. However, there are many stakeholders like Police, Court and State and also Prosecution and Accused in this process, who according to their interest make all out attempt to drag the course of Court proceeding towards the ends favourable to them. This article analyzes these sorts of institutional problems in the field of Admissibility of forensic evidence.
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Teixeira, Janaina Angelina, Mariana Carolina Barbosa Rêgo, and Antonio Isidro da Silva Filho. "Inovação no Judiciário: coprodução, competências e satisfação do usuário na mediação judicial." Revista de Administração Pública 54, no. 3 (June 2020): 381–99. http://dx.doi.org/10.1590/0034-761220190129.
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Abstract This study evaluated the effects of co-production and the mediator’s competence on the results of Judicial Mediation in the Court of Justice of the Brazilian Federal District and Territories. Data was collected using satisfaction surveys applied to the parties using the court’s judicial mediation services. The sample refers to the period from January 2013 to July 2015, totaling 312 participants and 107 discursive answers. The evaluation adopted techniques of descriptive statistics, exploratory factor analysis, and logistic regression as well as content analysis. The results showed that the only statistically significant variable was the mediator’s competence, which increases the likelihood of positive perception about the outcomes of judicial mediation both for citizens and the justice system. Both parties using the services did not perceive that co-production affects the outcomes. This result was due to the complexity of the cases mediated, which makes it hard to observe the role of cooperation in achieving the outcomes. For the citizen, the mediator is primarily responsible for directing the judicial mediation procedure as well as the outcomes achieved through the procedure. We provide recommendations and a research agenda aimed at strengthening research in the area.
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Milčiuvienė, Saulė, and Edita Gruodytė. "The Influence of the Court of Justice of the European Union on the Issuance of European Arrest Warrants in Lithuania." Baltic Journal of Law & Politics 12, no. 2 (December 1, 2019): 97–114. http://dx.doi.org/10.2478/bjlp-2019-0013.
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Abstract The European arrest warrant system is one of the greatest achievements in the development of cooperation in judicial matters among EU Member States. However, its implementation has raised many questions, resulting in referrals by national courts to the Court of Justice of the European Union (CJEU) for preliminary rulings. This article analyses the impact of the CJEU’s preliminary rulings on Lithuanian law concerning European arrest warrants. Specifically, the focus of the paper is institutional configuration and corresponding regulation in this field because/after the CJEU decided that (1) the Ministry of Justice cannot be considered a judicial authority because as part of the executive branch it cannot guarantee the protection of the parties’ fundamental rights; (2) however, the Prosecutor General of Lithuania can be considered a judicial authority because it participates in the administration of criminal justice and is independent of executive governance, and because its decisions to issue European arrest warrants are subject to judicial review.
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Kuryava, V. V. "Strategic directions and prospects for improving the activities of the Supreme Court on intellectual property." Legal horizons, no. 25 (2020): 39–44. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p39.
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The evolution of intellectual property has led to a steady increase in their importance to the modern world economy. Intellectual property has become the highest indicator of the competitiveness of the modern state. Today, the objects of intellectual property rights are the driving force of state policy in all its spheres - economy, health care, security, food, labor, trade, environment, etc. In recent decades, in modern political conditions, the relationship between the executive and the legislature has changed, which has had an impact on the place and role of the judiciary in this system. This article is aimed at studying the modern institutional foundations of the formation of the judicial system in modern political conditions. The interaction of public authorities in the context of decision-making on the establishment and organization of security, in particular the High Court of Intellectual Property, is studied. Our country is endowed with high scientific potential, as evidenced by the state of scientific, technological and innovative development. However, difficulties in the field of commercialization, protection and defense of intellectual property rights cause large-scale losses to our state, reduce the competitiveness of intellectual property rights. Among such problematic aspects is the lack of an effective system of judicial protection of intellectual property rights: instability of conditions for inventive and innovative activities; underdevelopment of elements that ensure the commercialization and protection of patented achievements; use of unlicensed software, counterfeit and counterfeit goods; high level of Internet piracy; inefficient and non-transparent royalty collection system; lack of an effective judicial protection system. This situation creates real economic problems and threats to our state, which require their immediate solution, scientific justification of the mechanism for overcoming them. Modern conditions for the development of public administration in Ukraine significantly affect the interaction of all branches of government, balancing their interaction and interaction, including the judiciary. The political influence on the judiciary is especially acute, which increases the attention to the problems of institutional support of the newly created court.
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Romanenko, Yevhen Оleksandrovych. "SECOND STAGE OF JUDICIARY REFORM IN UKRAINE." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 13 (August 27, 2018): 183–93. http://dx.doi.org/10.31618/vadnd.v1i13.145.
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The paper shows changes in the judiciary, in connection with the liquidation and creation of local courts in Ukraine. The necessity of creating more convenient access to the cases through the Internet is described, so that they will be solved more quickly, and the burden on the court specialists will be reduced. The positive changes and changes were analyzed, with the beginning of the second stage of judicial reform in 2018. The urgency of creating a separate electronic cabinet, for each case, where the court and participants in the trial process will be able to review all documents at any time, is substantiated. This minimizes the probability of delaying the cases when the parties challenge all decisions of the courts without exception.It has been determined that judicial reform involves the need for access to cases through the Internet. In the same way, different documents must be translated to higher authorities. Due to electronic circulation, they will be solved more quickly, the burden on the court experts will be reduced, and public money will be saved. In order for this innovation to work in full, amendments will be made to the legislation. It is noted that an important step forward: a court session can be held in a video conference. For example, the lawyer, from his e-office, can represent the interests of the company: send documents, get video communications during meetings. It is substantiated that a separate electronic cabinet should be created for each case, where the court and trial participants will be able to review all documents at any time. Of course, to use this technology, you need to register in the system email and digital signature. This minimizes the probability of delaying cases when the parties challenge all, without exception, court decisions. Now the electronic review will be not only possible, but also mandatory. If, within five days, the court will not be able to provide electronic proceedings, documents will be translated into paper form. In order for these provisions to work, the State Judicial Administration should publish an instruction on the website of the Verkhovna Rada, solve the issue of setting up electronic cabinets, registering electronic addresses and video fixing.
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Tsyhylyk, Yuliia. "Public administration in the sphere of judicial practice problem regulation: bringing to justice for driving while intoxicated." Public administration aspects 8, no. 6 (December 30, 2020): 204–11. http://dx.doi.org/10.15421/1520118.
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Considering that current problems of bringing persons to legal responsibility for driving means of transportation while intoxicated are vital today, I investigated judicial practice for such cases. Also, I analyzed the legal consequences of the existing problem that occurred in connection with a legislator's failure to maintain the proper procedure for adopting changes to the current legislation in the field of road safety. The legal gaps and legal inaccuracies that exist in the current Ukrainian legislation regarding traffic rules were identified.I analyzed different approaches of the Ukrainian judicial system in the classification of offenses committed by persons who drive means of transportation or vessels under the influence of alcohol, drugs or other intoxicants that reduce attention and speed of reaction. As a result of my investigation, I identified that there is no unified judicial system in this field in Ukraine at the moment. One of the most difficult stages of legislation is the formation of an independent, competent and fair court as a standard of respect for human and civil rights and freedoms. However, judicial error does not always result from the activities of judges. Sometimes the influence of external factors, such as the ambiguity of the legislation in its wording or the obsolescence of the rule of law, is one of the influential factors that cannot be corrected or influenced by the judiciary. Based on the analysis of scientific literature, legal acts and my studies of judicial practice, I suggest improving the current system of responsibility of legal entities in the field of road safety in Ukraine by making relevant changes to the legislation.
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Sugiharto, Hari, and Bagus Oktafian Abrianto. "PERLINDUNGAN HUKUM NON YUDISIAL TERHADAP PERBUATAN HUKUM PUBLIK OLEH PEMERINTAH." Yuridika 33, no. 1 (February 8, 2018): 41. http://dx.doi.org/10.20473/ydk.v33i1.7280.
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The enactment of Law Number 30 of 2014 on Government Administration had given the changes to the authority of the State Administrative Court. There are two mechanism of the case investigation in the State Administrative Court in providing legal protection against a lawsuit or petition filed by the public. The first mechanism is to file a lawsuit directly to the State Administrative Court. The second mechanism is to resolve internal disputes within the government before filing a lawsuit to the Administrative Courts. There are two mechanisms of the case investigation prove that the existence of discrimination for people who seek justice in the case investigation system in the State Administrative Court. This research focus on an issues first the nature of public legal action by the government in government administration and second Ratio legis non-judicial legal protection against public legal acts by the government. The results which have to be achieved are to provide the prescription of essential truth. There are several problems approach used in this study, such as statute approach, conceptual approach, and case approach.
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Shlyapnikov, V. A., and A. N. Marchenko. "“Who are the Judges?” or the Russian Judicial System and Statistics." Pravo istoriya i sovremennost, no. 2(15) (2021): 041–61. http://dx.doi.org/10.17277/pravo.2021.02.pp.041-061.
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This article reveals the reasons that impede the effective functioning of the Russian judicial system. An interdisciplinary study was conducted using statistical data on the education of judges, work experience, and the gender composition of the judiciary. The level of judges’ workload and the volume of processing were analyzed. The statistical data of sociological surveys concerning the judicial system of Russia and the attitude of the population and professional lawyers to it are considered. The study formulated a number of conclusions. So, the problems associated with the recruitment of judges have been identified. It has been established that the apparatus of courts becomes the forge of judicial personnel, that is, "the judicial system begins to reproduce itself." A hypothesis that explains the features of “pre-trial prejudice” in Russian courts is formulated. It was revealed that the excessive workload of domestic courts is a serious obstacle to the implementation of quality justice. The conclusion is made that the above reasons underlie the lack of effectiveness of legal proceedings and impede the administration of justice in accordance with the principles of impartiality and independence.
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Kaburkin, Aleksandr A. "COURTS OF THE KHANTY-MANSI AUTONOMOUS OKRUG IN THE FIRST YEAR OF THE POST-WAR FIVE-YEAR PLAN." Historical Search 2, no. 2 (June 25, 2021): 13–20. http://dx.doi.org/10.47026/2712-9454-2021-2-2-13-20.
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The judicial system and the judicial authority in any state and in any society perform very important socially significant functions. That is why the issues of evolvement, formation, as well as the legal regulation of the court system, improving the legislative framework of the judicial system’s activity are a serious link in the construction of a democratic state governed by the rule of law. A comprehensive and complete study of construction and transformation of the Soviet judicial system in this context is extremely relevant and is of paramount importance both for the Russian society and for the Russian state, since it was the Soviet judicial system that was the basis for constructing the current Russian judicial system. In this aspect, the post-war stage in the formation of the judicial system in the USSR is of particular interest, its study requires a particularly careful attention and detailed analysis, including due to its originality and uniqueness in the context of world history. The article considers the features of the formation and activity of the judicial bodies in the Khanty-Mansi National District, as well as the problems faced by the district courts after the end of the Great Patriotic War in the first year of the post-war five-year plan of 1946–1950, aimed at restoring the national economy. The article shows the specifics and uniqueness of the district judicial system functioning, reflects the main directions to which the district courts directed their efforts, describes the main problems that the courts faced in their work. The article presents statistical data on key positions that characterize both criminal judicial and punitive policy and civil law proceedings. Problems and shortcomings in the activity of the Soviet judicial system in the territory of the district are reflected. It is noted that the courts made a significant contribution to the national economy restoration and the establishment of peaceful life in the region. Despite the existence of certain problems in the activities of the district courts, despite the difficulties in their work, including due to the geographical features of the district, the judicial authorities ensured the fulfillment of their extremely important tasks in the field of both administration of justice and ensuring punitive policies and, consequently, following the party’s policies. At this, despite the increase in crime in the first post-war year, the growth of criminal cases, the district courts improved the quality of proceedings conduct.