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1
SOMANAWAT, Kitpatchara. "Constructing the Identity of the Thai Judge: Virtue, Status, and Power." Asian Journal of Law and Society 5, no. 1 (2018): 91–110. http://dx.doi.org/10.1017/als.2017.32.
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AbstractA central aspect of Thai legal consciousness since the mid-twentieth century, widely shared among the general population, has been a perception that judges have an exalted status entitling them to make broad-ranging pronouncements about social and political issues as well as legal matters. Popular legal consciousness of the Thai judge has to a large extent been shared by the judges themselves, as well as by their families and followers. The power and authority of Thai judges go far beyond the limited formal role they are given in Thailand’s civil-law system. This article suggests that the exceptional status of the Thai judge derives from a process of identity construction, emphasizing four traits that set the ideal judge apart from ordinary people. The first is that a Thai judge must be a “khon di” (good person), with specific reference to the traditions of Thai Buddhism. The second is that a Thai judge must be polite, kind, and socially refined—a “phudi” (proper gentleman). The third characteristic of the ideal Thai judge is that he or she must be highly educated and knowledgeable about the law—a “phuru” (learned and wise person). The fourth trait is that a Thai judge must be a “phupakdi” (loyal servant of the king), not only loyal to the monarchy as an institution, but to the late King Rama IX as a person. When the identity of the Thai judge is constructed from these four constituent elements, the pronouncements of the judge acquire legitimacy, even when they range beyond the narrow letter of the law. The article explores this central aspect of Thai legal consciousness by analyzing the construction of judges’ identities through a distinctive set of historical documents—the cremation volumes (nangsue ngan sop) that are published and distributed at the funerals of noted public figures. These volumes contain a wealth of biographical information as well as related legal and historical material that shed light on the life and work of Thailand’s most prominent judges during the past 50 years.
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Nowak, Krystian. "Legal status of judges in the Republic of Kosovo. Theoretical and legal analysis." Acta Iuridica Resoviensia 35, no. 4 (2021): 130–41. http://dx.doi.org/10.15584/actaires.2021.4.10.
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The status of a judge is a very important issue from the point of view of the standards of a democratic state and because of the role that judges play in the administration of justice. This article attempts to analyze the legal status of judges in the Republic of Kosovo by subjecting constitutional guarantees of judicial independence to theoretical and legal analysis. Indeed, the independent status of a judge is the minimum standard of legal protection that the state should provide to citizens. This study made it possible to formulate a statement that the mechanism of checks and balances of powers formed in the Constitution of Kosovo, which by its nature implies the possibility of some interference in the scope of judicial power, but it cannot touch the independence of judges in the exercise of their office. Some solutions in the Kosovo legal order that are unsatisfactory from the point of view of European standards were also pointed out.
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Petryakova, Antonina V. "Institution of Investigating Judges: Genesis and Transformation of the Legal Model." Ugolovnaya yustitsiya, no. 18 (2022): 58–64. http://dx.doi.org/10.17223/23088451/18/10.
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The judicial reform in Russia goes on and many provisions of the Concept of Judicial Reform of 1991 have been implemented. However, the institutions of investigating and penitentiary judges, provided by the Concept as a specialization of justices of the peace, have not yet been introduced. Academic and public discussion about the institution of investigative judges has intensified since 2014. Nowadays, there are several procedural models of this legal institution. However, the legal status of the investigating judge appears to be insufficiently developed. Using comparative and formal legal methods of research, the author examines the legal experience of postSoviet states that declare the formation of the institution of investigating judges in their judicial system to conclude that an investigating judge in many states has become a participant in criminal proceedings, but the institution of investigative judges has not been segregated into a separate judicial body, so the legal status of the investigating judge has not formed. In this regard, the author examines the institution of investigative judges of the Republic of Kazakhstan, in which it has undergone a significant transformation: from an investigating judge as a procedural figure to separate specialized investigative courts. Having studied the experience and recommendations of international expert organizations, the Republic of Kazakhstan is developing the idea of the institution of investigating judges in some possible perspective directions: finalization of the legal status of a judge of a specialized investigative court, harmonization of judicial and procedural legislation. Projecting the Kazakh model of a specialized investigative court onto the Russian judicial system, it is proposed to introduce specialized investigative courts in the Russian Federation with functionality that predominantly involves the exercise of judicial control functions. At the same time, the author notes that judicial control takes place both at the pre-trial stages of criminal proceedings and at the stage of execution of the judicial verdict. In this regard, it seems expedient to further build up the competence of a specialized investigative court and, on its basis, create a specialized investigative and penitentiary court, which in the future can become the basis for the formation of a national human rights court, the creation of which was proposed at a meeting of President of the Russian Federation V.V. Putin with members of the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, held in December 2020.
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Glazunova, I. V., and A. V. Nikitina. "Early termination of a judge's powers as a measure of legal responsibility: problems of legal regulation and law enforcement." Law Enforcement Review 7, no. 4 (2024): 126–35. http://dx.doi.org/10.52468/2542-1514.2023.7(4).126-135.
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The subject of the study is the theoretical, legislative and practical application problems of the early termination of a judge as a measure of legal responsibility. According to the authors' opinion there are several problems: the lack of scientific and legislative unity on the issue of the sectoral nature of this measure; the unsystematic, uncoordinated nature of legislation and law enforcement practice; the apparent discrepancy of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” (hereinafter - the Status of Judges) which regulates the grounds and procedure for the early termination of the powers of a judge and the practice of its application to the fundamental principles of legal responsibility.The aim of this article is to make recommendations aimed at improving the legal regulation and practice of such a legal liability measure as early termination of the power of the judge.The methodology. The main method of research is the general scientific dialectical method of cognition, using universal scientific methods: analysis and synthesis, induction and deduction, formal-logical and systemic. The specific scientific methods are applied: the formal legal method, the methods of legal modelling and the methods of forecasting.Main results and field of application. The authors concluded that the early termination of a power of judge, for whatever reason, is related to his or her illegal behaviour. It should be explicitly recognized as a measure of legal responsibility in the Status of Judges. It is necessary that the legal grounds for judge early termination meet the requirements of legal certainty. The application of this measure is based on the fundamental principles of legal responsibility: justice, humanism, legal equality, proportionality of the sanction to the degree of social danger of the act committed, individualization of the punishment, etc. The Status of Judges and the Regulation on the functioning of the qualification collegium of Judges should be supplemented by legal provisions governing the procedure for applying to a judge early termination as a measure of legal liability that does not involve the commission of a disciplinary offence. A fair, public and adversarial procedure must be used to ensure that judges in the high and medium courts can terminated early. The rules for this procedure must be laid down in federal constitutional law.Conclusions. The implementation of such proposals would lead to the formation of legislation and the law enforcement practice, consistent with the main principles of legal responsibility and the basic provisions of its theory. It would guarantee the fairness and predictability of decisions towards judges. Ultimately it would ensure an appropriate balance between the independence of judges and their accountability for gross and systematic violations incompatible with the status of judges.
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Nesterenko, D. "Termination of powers and dismissal of judges of the Constitutional Court of Ukraine as an element of their constitutional and legal status." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 103–8. http://dx.doi.org/10.24144/2307-3322.2022.76.1.15.
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The article is devoted to the study of certain aspects of the legal status of a judge of the Constitutional Court of Ukraine, which includes guarantees for ensuring his professional activity, which are currently updated in the order of termination of powers and dismissal, the definition of requirements for a person who has the right to occupy the position of a judge of the Constitutional Court of Ukraine, and how the result of the proper procedure for the appointment or election of a judge to the body of constitutional jurisdiction. The author considered the national constitutional legislation on the judicial system and the status of judges, in particular judges of the Constitutional Court of Ukraine, summarized the main scientific approaches to understanding the category "constitutional and legal status of judges of the Constitutional Court of Ukraine" and the main structural elements of the constitutional and legal status of judges of the Constitutional Court of Ukraine. The article analyzes the guarantees of the activity of a judge of the Constitutional Court of Ukraine, such as independence and inviolability. The list of grounds for the dismissal and termination of the powers of a judge of the Constitutional Court of Ukraine has been determined. The need to ensure the independence of the Constitutional Court of Ukraine, as a body of constitutional jurisdiction, taking into account the special constitutional and legal status of a judge of the Constitutional Court of Ukraine, its element as a guarantee of independence and inviolability, including in the aspect of termination of powers and dismissal of a judge of the Constitutional Court of Ukraine, for the application of due legal procedure to these persons, taking into account the principle of the rule of law, international standards and current constitutional norms. It has been identified as one of the urgent needs to establish, at the legislative level, what exactly constitutes a significant disciplinary offense, gross or systematic neglect of one's duties, which is incompatible with the status of a judge or has revealed his incompatibility with the position held, and to regulate the procedures for initiating the dismissal of a judge of the Constitutional Court of Ukraine on this basis. On the basis of the developed research materials and the analysis of national legislation and scientific sources, problematic aspects of the termination of powers and removal from the position of a judge of the Constitutional Court of Ukraine were clarified and possible ways of solving such problems were determined.
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Dashkevich, Serhii. "International standards of legal status of judge." Aktual’ni problemi pravoznavstva 1, no. 4 (2021): 38–43. http://dx.doi.org/10.35774/app2021.04.038.
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Kadiraliyev, Saddam, and Tashkent State University of Law Gulmurodov. "THE INVESTIGATIVE JUDGE IS A NEW INSTITUTE IN THE CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN." CRIMINOLOGY AND CRIMINAL JUSTICE 3, no. 4 (2023): 28–39. http://dx.doi.org/10.51788/tsul.ccj.3.4./xtcg9375.
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In this article, the legal status of the investigating judge, the history of the origin and stages of development of the investigating judge institution, and the importance and specific features of the investigating judge institution in the criminal process are explained. With the decision No. 300 of the President of the Republic of Uzbekistan, “On measures to implement the strategy of Uzbekistan – 2030 in 2023 in a high-quality and timely manner” until the end of 2024, rapid search and investigative actions It is established that the procedure for consideration of the issue of sanctions by individual judges—investigative judges—is established, and the powers of the investigating judge are widened based on the principle of not only sanctioning quick searches and investigative actions but also exercising judicial control at the stage of bringing the case to court in the criminal process. The issues of definition are touched upon in the framework. In particular, with the introduction of this institution, the issues of providing the opportunity to conduct the activities of the parties on the basis of equality and controversy in proceedings before the court, as well as the possibility of increasing the procedural status of the defense side by eliminating the dominant position of the prosecution side, were discussed. The opinions of legal scholars about the institution of investigating judge were analyzed. In this regard, the experience of the countries of Kazakhstan, Georgia, Moldova, Estonia, and the Institute of Investigative judge, introduced in the criminal proceedings of the Kyrgyz Republic since 2019, was studied as one of the main research objects. In the criminal procedural legislation of the Republic of Uzbekistan, relevant proposals were made regarding the determination of the legal status of the investigating judge, the principle of judicial control in criminal proceedings, and the formation of a corps of specialized investigative judges.
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Khomyshyn, I. "Legal mechanism of dismissal and termination of judge authorities: problem aspects." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 645–51. http://dx.doi.org/10.24144/2788-6018.2023.04.101.
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The article identifies the problems of the legal mechanism for the dismissal and termination of a judge’s powers, formulates directions for improving the legislation of Ukraine, which regulates the dismissal of a judge from office and the termination of his official powers. The following problems of the legal mechanism for the dismissal and termination of a judge’s powers have been identified: 1) constant changes in the legislation lead to the presence of a number of transitional provisions, differentiation of the grounds and mechanism for the termination of a judge’s legal status; 2) the unequal scope of rights and opportunities of a judge when implementing such a legal guarantee upon dismissal as a lifetime financial support for a retired judge, depending on the facts of passing a qualification assessment, being appointed to a position after September 30, 2016, and having worked as a judge for at least three years after that date, as well as the rules for calculating judicial seniority depending on the date of election to the position; 3) establishment of a judge’s non-compliance with the qualification evaluation criteria is an additional ground for the judge’s dismissal from office, which is not provided for by the Constitution of Ukraine; 4) the imperfection of the legislative changes to the list of grounds for terminating the legal status of a judge, in particular in the part of not taking into account the fact of the expiration of the five-year term of appointment of a large number of judges and the impossibility of terminating the legal status of a judge on this basis, created uncertainty in the status of employees; 5) the evaluative nature of the categories of materiality, rudeness, bias, intent in the judge’s actions leads to different perceptions of the presence or absence of grounds for dismissal as a disciplinary sanction; 6) differentiation of the statute of limitations for bringing to disciplinary responsibility depending on the time of illegal actions; 7) the absence of such grounds as the reinstatement of an employee who previously performed this work among the constitutional grounds for terminating the legal status of a judge, which makes it difficult to implement court decisions on the reinstatement of a judge; 8) the alternative of the norm on the possibility of stopping the consideration of an application for voluntary dismissal or resignation during the consideration of a complaint or application within the framework of disciplinary proceedings; 9) actual removal from the circle of persons who may be held administratively liable under Art. 172-6 of the Code of Administrative Offenses, judges, in respect of whom a decision was made to dismiss them from office due to deficiencies in the legislative technique of legal regulation of the mechanism for dismissing a judge from office; 10) reflection of the widespread in society phenomena of legal nihilism, low level of legal culture and on the members of the Supreme Council of Justice as a disciplinary body in the judicial sphere; 11) attempts by the authorities to use the mechanism of dismissal of judges from political ones.
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Salpekov, Almas, Saida Akimbekova, and Gulmira Talapova. "The legal status of a judge in the Republic of Kazakhstan." Scientific Herald of Uzhhorod University Series Physics, no. 56 (May 8, 2024): 701–8. http://dx.doi.org/10.54919/physics/56.2024.70wog1.
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Relevance. The relevance of the study is based on the fact that the judiciary is an institutional element of the legal system that ensures the democratic development of the state towards economic, political and social renewal. Purpose. The purpose of this study is to expose the mechanism of the judicial system and highlight the special features of the legal status of the judge and the major challenges that hinder the improvement of the legal position. Methodology. Among the methodological approaches used in this investigation are formal legal, theoretical, legal hermeneutics, dogmatic, deduction, synthesis and others. Results. The study examined the mechanism for the judicial system and its specific features, highlighting the role of this element of the legal system in the formation of public life; the concept of the legal status of judges and their rights and obligations were also analysed. Special attention has been given to the content of the employment contract with judges and their requirements, and the specifics of entering into an employment contract. The analysis reveals the special features and challenges in modifying and terminating a judge's mandate. The principle of judicial independence has been studied in detail, establishing its importance in ensuring a fair trial and creating the conditions for citizens to regain the trust of the authorities. Conclusions. The practical relevance of the findings is in recommendations on how to address the challenges in improving the legal status of the judge, as this is an integral part of building a democratic state. Keywords: judicial power; justice; legal status; powers; judicial reform
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Ріхтер, В. В. "PUBLIC ADMINISTRATION INDEPENDENCE OF JUDGES IN UKRAINE." Juridical science 2, no. 4(106) (2020): 146–51. http://dx.doi.org/10.32844/2222-5374-2020-106-4-2.18.
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The Constitution of Ukraine contains mandatory requirements that a person applying for the position of a judge must meet. Given that the judiciary is the judiciary, whose activities are related to the restoration of violated rights, these functions can be performed only by persons who meet all the requirements established by the Basic Law and regulations governing the social status of judges in Ukraine. However, recalling the requirements for judges, the principle of ensuring the independence of judges in Ukraine should also be disclosed. The purpose of the article is to reveal the public administration of ensuring the independence of judges in Ukraine on the basis of a comprehensive analysis of regulatory frameworks, conceptual ideas and scientific positions. The article stipulates that in order to properly ensure the independence of judges it is necessary to carry out effective, optimal, comprehensive public administration, which by its nature in this area is to exercise power and organizational and support activities of public administration in a special way to protect legal status, immunity and professional interests of a judge, which constitute his independence in legal relations. It was found that the independence of a judge is a special, intra-judicial state of protection and independence of a judge, which is regulated by law and consists in determining the legal status of a judge regarding his professional immunity and immutability, creating conditions for ensuring a judge's professional activity. and other factors that may adversely affect professional activity. It was emphasized that the state of the domestic judicial system, in particular the observance of the principle of independence of judges, has long passed into the category of problems that are of particular concern to Ukrainian society. No one doubts the need to rectify this problematic situation, but all the measures taken, including the implementation of the relevant tasks of judicial reform, have not yet had a significant impact on ensuring the real independence of judges.
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Arkhipkin, I. V. "Legal status of judges as the basis of independent justice: theoretical and historical aspects." Juridical Journal of Samara University 10, no. 2 (2024): 15–20. http://dx.doi.org/10.18287/2542-047x-2024-10-2-15-20.
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The purpose of the article was to identify the historical prerequisites for the formation of the regulatory regulation of the status of judges in Russian legislation, as well as the influence of ideology prevailing in different periods of development of Russian state on the mechanism of legal support in the legislation of this institution. The use of the comparative historical method of cognition made it possible to conduct a retrospective review of the legislative framework of various historical periods in the context of analyzing the formation of legal status of a judge and its impact on the justice system. The main legal acts of the Russian, Soviet and modern periods are studied, and a progressive trend in improving the legal foundations for ensuring the status of judges is noted. It is concluded that the reform of the judicial system should be based on generally recognized principles of organization and administration of justice. The theoretical significance lies in the establishment of a similar nature of the reform of Russian legislation concerning the provision of the status of a judge in 1864 and 1991, as a result of which the principles of separation of powers, independence and irremovability of judges, and their subordination only to the law were proclaimed.
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Harust, Y. V., and V. V. Mirgorod-Karpova. "General principles of organization and activityof judges in Ukraine." Legal horizons, no. 26 (2021): 107–11. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p107.
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In the conditions of active development and improvement of the system of public administration in the world, the role of public service as a defining feature of a democratic and legal state is strengthening. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and enshrine in national legislation such an institution as a public service. This became a lever that launched the process of reforming the government system in the country and determined the right vector for the development of public service in Ukraine. Given the current indicators of public confidence in the judiciary, it can be argued that the institution of public service in the judiciary is purely formal, and therefore this issue is relevant and needs to be addressed as soon as possible. In view of this, we believe that the introduction of the new Concept, which will consolidate the legal status of a judge as a public servant of a court of general jurisdiction, will be the beginning of the real functioning of a judge of a court of general jurisdiction on the basis of public administration. The study revealed the general principles of organization and activity of judges of general jurisdiction courts in Ukraine. The legal status of judges is outlined and the key features of such status are identified. The existence of the “judge-public servant” model is substantiated. The study emphasizes that judges of courts of general jurisdiction directly implement the basic functions of justice, and the level of their legal status depends on the authority of the judiciary and the efficiency of justice in Ukraine. Courts of general jurisdiction are the main link of specialized courts for civil, administrative and criminal cases and are the closest to the population, and therefore, a clear definition of their legal status is now essential. It is suggested that under the public service in the judiciary of Ukraine, first of all, one should see politically neutral, professional activity of a judge in courts, judicial authorities and other state bodies of the justice system and institutions for organizing and ensuring the activities of courts and judges.
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Slabunova, Yu V., and N. M. Shcherbak. "LEGAL STATUS OF A JUDGE AS A PUBLIC SERVANT." Legal horizons, no. 19 (2019): 124–30. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p124.
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The article deals with the characterization of the legal status of a judge of a court of general jurisdiction as a public servant. In the context of the active development and improvement of public administration in the world, the role of public service as a defining feature of the state for which the rights, freedoms, and legitimate interests of citizens is of the highest social value is increasing. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and establish in the national legislation such an institution as a public service. This became the lever that started the process of reforming the government system in the country and determined the correct vector for the development of public service in Ukraine. Legislative improvement of the judicial system and the status of judges of courts of general jurisdiction in the context of public service reform in Ukraine is one of the prerequisites for the further development of our country as a rule of law and democracy. In particular, public service reform in Ukraine should be aimed at creating a fundamentally new system of judiciary. Unfortunately, as of today, the domestic legislation has not undergone significant changes and additions regarding the introduction of the Public Service Institute. Particular attention is paid to the concept of “public service”, which is the defining legal definition for the study. Based on the analysis of the opinions of scientists, scientists form a list of the main features of public service. The nature and content of the activity of judges of courts of general jurisdiction is determined by the totality of the relevant legal elements that are part of the structure of their legal status. These include the judge’s legal personality, his rights and obligations, functions, principles, legal liability, and safeguards. The list of features of activity of judges of courts of general jurisdiction as public servants is determined. It is concluded that the status of judges of the courts of general jurisdiction is to be legally enshrined as a fundamentally separate and distinct type of public service. Keywords: public official, public service, judges of courts of general jurisdiction, judicial authorities, legal status.
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Germak, K. O. "Disciplinary responsibility of magistrates in the modern legal system: procedural aspects." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 669–73. http://dx.doi.org/10.24144/2788-6018.2024.04.111.
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The disciplinary responsibility of judges requires constitutional and legal reforms to adapt it to the needs of the rule of law, which is based on the full independence and impartiality of judges and the full enjoyment of fundamental rights of all, with particular attention to due process. Disciplinary liability is an official response to actions committed by a judge which compromise him or her as a judge, regardless of whether they are committed in court in the exercise of his or her powers or outside of court. The author analyses the legal and practical aspects of bringing judges to disciplinary liability based on the study of the High Council of Justice’s practice regarding disciplinary misconduct of judges. The status of a judge requires not only special control over his/her own behaviour, but also appropriate actions by the State, since the authority of the judiciary and its support are still a matter of State concern - court decisions are proclaimed in the name of the State. The efficiency of the judicial system depends on various factors, one of which is disciplinary liability. The need to improve the legal and procedural aspects of bringing judges to disciplinary responsibility has been repeatedly pointed out by doctrinal approaches to the study of this issue, as well as by the conclusions of international experts.The European Court of Human Rights has also indicated the expediency of reforming the system of disciplinary responsibility of judges in its decision. The grounds for disciplinary liability of judges for violation of substantive and procedural law provided for by national legislation should continue to be enshrined in Article 106 of the Law of Ukraine ‘On the Judicial System and Status of Judges’.
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Khudoynazarov, Dadahon. ""LEGAL STATUS OF THE ASSISTANT JUDGE IN CIVIL AND ECONOMIC PROCEEDINGS "." Review of Law Sciences 8, no. 4 (2024): 74–80. https://doi.org/10.51788/tsul.rols.2024.8.4./iwwy8493.
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"The article analyzes all the processes related to the participation of the assistant judge (senior assistant) - the secretary of the court session in the economic and civil process. The relevance of this topic is determined by the existence of discussions on clarifying the legal status of the assistant judge (secretary of the court session). Based on this, the opinions of foreign and domestic legal scholars on the determination of its legal status were studied, and the concepts related to the activities of the assistant judge were clarified. The author emphasizes that another difference between the assistant judge (secretary of the court session) and persons assisting in justice is manifested in the order of their involvement in the process. He also justifies that the persons participating in the case have the right to reasonably refuse the secretary of the court session according to the current legislation. The article examines the tasks and functions of the assistant judge, who is considered a powerful force for the judge (court), based on legislative documents, and draws conclusions. The experience of foreign countries in digitalizing their activities has been studied. As a result of the study, it was found that there are both positive and negative aspects related to the participation of the assistant judge (secretary of the court session) in economic and civil courts and other courts. In conclusion, recommendations and suggestions are provided for solving existing problems and improving legislation. "
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Zholobov, Ya B. "Some Features of Termination of Rowers of the Chairman of the Court of General Jurisdiction." Rossijskoe pravosudie 4 (March 25, 2021): 66–70. http://dx.doi.org/10.37399/issn2072-909x.2021.4.66-70.
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The derivative nature of the legal status of the president of the court from the status of a judge in general requires the establishment of certain correspondences in the mechanisms for its acquisition and termination. At the same time, the existence of disciplinary and other liability of court presidents for non-performance of their duties leads to an arbitrary interpretation and application of existing legal norms established at the level of legislative and subordinate acts. The article supports the idea of appointing presidents of courts from among persons with judicial status. The options for terminating the powers of the chairman of the court are considered: automatic suspension or termination in the event of suspension or termination of their powers as judges of the respective courts; reaching the age limit for office; voluntary resignation while retaining the powers of a judge; early termination of powers of the chairman of the court with the preservation of the position of judge in connection with the failure to perform or improper performance of his official duties.
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Alifia Meita Putri and Muhamad Muslih. "Analisis Putusan Hakim tentang Penolakan Permohonan Itsbat Nikah (Putusan No. 47/Pdt.P/2021/PA.Tas Hakim Pengadilan Agama Tais)." Qanun: Jurnal Hukum Keluarga Islam 1, no. 1 (2023): 21–41. http://dx.doi.org/10.51825/qanun.v1i1.31.
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The problem in this research is that Article 2 paragraph 2 of Law no. 16 of 2019 concerning Amendments to Law no. 1 of 1974 concerning Marriage states that every marriage must be recorded according to the applicable laws and regulations, so that if there is an underhand marriage, the marriage certificate must be submitted, but in the judge's decision No. 47/Pdt.P/2021/PA.Tas the judge of the Tais Religious Court rejected the submission of the marriage certificate. Identification of the problem in this study, namely what are the judges' considerations at the Tais Religious Court in rejecting the application for itsbat nikah? So what are the legal consequences for underhanded marital status and child status? The research method used is normative juridical, with a statutory approach and a case approach. The theory used in this study is the theory of legal certainty and the theory of justice. The data source is secondary data, with the technique of collecting data from the study of literature and analyzing the data used, namely descriptive qualitative. The conclusion of this study is the rejection of the marriage certificate by the judge on the grounds that there is no good faith from the applicant so that this causes the applicants to not get legal certainty regarding marital status and child status. The legal consequence of the rejection of the application for itsbat nikah makes the marital status of the applicants remain in the status of underhanded marriage and the status of the child becomes a child out of wedlock.
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Burdina, Elena V. "The Constitutional Law Content of the Requirement for Education of Potential Judges." Russian judge 2 (February 4, 2021): 41–46. http://dx.doi.org/10.18572/1812-3791-2021-2-41-46.
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Currently, the process is underway to bring the entire array of legislative sources defining the judicial system and the status of judges in accordance with the Constitution of the Russian Federation. In the legislative strategy, it seems important to resolve the issue of the higher legal education required for judges. The article substantiates a broad approach to understanding the higher legal education required for a judge, within the framework of which both a higher legal education of a general nature (universal) and a legal education of a special orientation are permissible. This conclusion is based: a) on the basis of the circumstances of the development of the system of higher legal education in Russia, which acts as a social regulator of the formal qualification requirement for the education of a candidate for a judge; b) on the requirements of access to the judicial profession, which imply the possibility of entering the judicial profession for representatives of different professional groups.
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Bohlander, Michael. "‘Take it from Me…’—The Roles of the Judge and Lay Assessors in Deciding Questions of Law in Appeals to the Crown Court." Journal of Criminal Law 69, no. 5 (2005): 442–48. http://dx.doi.org/10.1350/jcla.2005.69.5.442.
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According to traditional jurisprudence, lay assessors sitting with professional judges at the Crown Court, whether at trial or appeal level, have to take the law from the judge as the legal professional. The same is not true when the same lay magistrates sit at the magistrates' court either with a clerk or a professional district judge. This article questions the traditional arguments for this discrepancy and argues that if lay assessors at the Crown Court have the status of full judges, they should also have the power to decide questions of law.
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ШЕВЧЕНКО, Анна. "Requirement system for the profession as a judge: professional and legal aspects." Revista Naţională de Drept 1-3 (231-233) (July 14, 2020): 78–85. https://doi.org/10.5281/zenodo.3943295.
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The article analyzes the professional and legal aspects of forming a system of requirements for the judicial profession. The latter, according to the author, should be based on the judge’s professional chart (description of the system of basic elements of daily activity of a judge in office), the requirements of international standards on the administration of justice, the rules of national legislation, as well as the rules and regulations developed by the bodies of judicial self-government. The application of the requirements to the judicial profession is relevant at the stage of professional training of judges, selection and competitive selection of judges, professional development and judicial career, consideration of complaints and application of disciplinary responsibility of judges. The general list of requirements for the judicial profession is defined as a set of personal requirements, professional requirements, as well as elements of the boundaries and framework of the judicial profession. Their generalization made it possible to distinguish the following groups of requirements for the profession of judge: 1) general requirements: professional, formed in the process of professional training and activity; personal, including psychological, acquired with experience and practice based on primary personal traits; 2) special requirements: originate separately for different jurisdictions; built on the basis of existing positions (including administrative) and the functions of judges. A characteristic that is one of the most important requirements for judges is the description of the signs of their independence. This principle is pivotal to others and deserves systematic implementation of the regulatory framework for the selection and evaluation of judges. On the basis of a thorough understanding of the content of the requirement of independence of activity of a judge, the necessity of improvement of Article 6 of the Law of Ukraine “On Judicial System and Status of Judges” is substantiated.
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Abzalov, Lenar F., Marat S. Gatin, Ilyas A. Mustakimov, and Roman Yu Pochekaev. "On status of judges in the Mongol Empire and its uluses in 13th–14th centuries: an interdisciplinary analysis." Vestnik Tomskogo gosudarstvennogo universiteta. Istoriya, no. 90 (2024): 84–95. https://doi.org/10.17223/19988613/90/9.
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The article is characteristic of status of yarghuchi – judge acted in the Mongol Empire and its uluses during 13th–14th cc. The court of Chinggisid states is well covered in historiography, however, the legal status of judges has not yet been specifically analysed due to the use by scholars of mainly narrative sources and the lack of legal ones. The basic source of the study is a legal monument – yarligh (edict) on the appointment of “emir of yarghu” (senior judge) included as an example into the “Dastur al-katib fi ta’yin al-maratib” (“A Scribe's Guide to Determining Degrees”) – Persian-language treatise created in the second half of the 14th c. by Muhammad b. Hindushah Nahchivani, the official at the court of rulers of Mongol Iran from Hulaguid and Jalayir dynasties. The goal of the article is to give an analysis of yarligh and compare it with other sources on yarghu courts – legal monuments of the Yuan dynasty and Golden Horde khans, medieval oriental narrative sources (“Secret history of Mongols”, “History of the WordlConqueror” by Juvaini, “Compendium of chronicles” by Rashid ad-Din, etc.). The institution of yarghuchi was established at the dawn of the Mongol Empire because of the need to judge in accordance with imperial legislation: Great Yasa of Chinggis Khan, his aphorisms (biliqs) and khans’ yarlighs, rather than on a base of customs and traditions. Therefore, the position of yarghuchi could be held by trustworthy representatives of military aristocracy who knew well the rules and principle of the imperial law. The competence of yarghuchi was spread over Turlic-Mongol nomads of Chinggisid states who were a basis of their military forces, while sedentary subjects were tried in accordance with norms of religious and local law customs. Despite the fact that requirements to candidates for the judge positions worded in the analyzed yarligh were universal for Chinggisid states, comparison with other sources of the 13th–14th cc. allows us to clarify specific features of yarghuchi’s status in different uluses. The position of yarghuchi in the Yuan Empire was well institutionalized and correlated with Chinese official ranks. There was a reception of some institutions of Islamic law in the Mongol Iran and careful recordkeeping of legal procedure, etc. Traditional form of yarghu had long been preserved in the Golden Horde: it was functioning in parallel with court of Sharia, moreover, the representatives of two court systems could be in session in the same room of the ruler’s residence. Detailed regulation of yarghuchis’ status did not mean that the court was an independent power branch. As it was common for medieval states, yarghu was not separated from the executive power: judges after their appointment retained positions of noyons (emirs), i.e. they were primarily military servicemen and performed administrative functions. At the local level of government the functions of judges were fulfilled by heads of the local governments (darughas, or basqaqs).
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Tri, Purnama, and Sulaiman. "Penetapan Status Tersangka oleh Hakim Melalui Persidangan dalam Perspektif Pembaruan Hukum Acara Pidana." Cendekia: Jurnal Hukum, Sosial & Humaniora 1, no. 2 (2023): 132–47. https://doi.org/10.5281/zenodo.8116049.
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<em>Determination of suspect status based on Law no. 8 of 1981 concerning the Criminal Procedure Code carried out by investigators/PPNS in the investigation stage. However, in trials, judges frequently uncover evidence during trials of additional parties who should have been charged with a crime but have not been named suspects since the investigation stage. Judges cannot designate a person as a suspect in court, because the Criminal Procedure Code does not regulate it even though sufficient preliminary evidence has been obtained and tested in court. The results of the study indicate that the determination of the status of a suspect can be carried out by a judge in the two following ways: (1) The judge's order in the interlocutory decision and (2) The judge's order in the final decision. The judge in legal considerations and rulings in interlocutory decisions and final decisions includes the determination of the suspect against witnesses and/or other parties related to the case and orders the Public Prosecutor to carry out the decision. A judge's determination of a suspect's status is nothing new. The Prevention and Eradication of Forest Destruction Law Number 18 of 2013 gives judges the power to decide whether witnesses or other case participants should be treated as suspects. This can be the foundation for changes to the Criminal Process Code and Law Number 48 of 2009 Concerning Judicial Authority, particularly in regards to the expansion of meaning in assessing the status of suspects in criminal proceedings</em>
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Ermoshin, Grigiriy. "Constitutional and Legal Status of Judge as Scientific Category." RUSSIAN JUSTICE 122, no. 6 (2016): 79–85. http://dx.doi.org/10.17238/2072-909x.2016.6.79.
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Москвич, Л.М. "ПРОБЛЕМНІ ПИТАННЯ ВСТАНОВЛЕННЯ ФАКТУ НЕСПРОМОЖНОСТІ СУДДІ ВИКОНУВАТИ ПОВНОВАЖЕННЯ ЗА СТАНОМ ЗДОРОВ'Я". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 28 (30 березня 2021): 95–104. https://doi.org/10.5281/zenodo.5549987.
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The legislator considers the dismissal of a judge due to health problems to be of general grounds. Nevertheless, at the moment, the implementation of this ground for dismissal is one of the most problematic due to several legal uncertainties. In particular, there is no list of diseases that give grounds for the conclusion of "inability to perform functions of justice". Accordingly, the mechanism for establishing the presence or absence of a judge's disease incompatible with the replacement of a judge guarantees a return to the position after health restoration. The article is devoted to analysing practical problems of realising the general basis for dismissing the judge - in connection with the improper state of health. Due to the amendments to the Law of Ukraine "On the Judiciary and the Status of Judges" of 2016, this reason for dismissing a judge remains declarative. Judges are dismissed either in resignation (if they have the required length of service) or at their request. In both the first and the second case, they are deprived of certain social guarantees to which they would be entitled if there was a mechanism for establishing deteriorating health as a result of the performance of professional functions. The long-term lack of a fair and reasonable mechanism for establishing poor health, which hinders the performance of professional functions, entails the lack of guarantees of the independence of judges, which is a mandatory element of their legal status. We express ideas on improving both the regulatory framework for monitoring the health of a judge and establishing a judge's health, which hinders the performance of the function of justice. We concluded that the decision to dismiss on the grounds of inability to perform professional functions due to health should be preceded by a set of measures to find the optimal balance between the interests of a judge who has specific health problems and the state as his employer.
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Corby, Susan, Pete Burgess, Armin Höland, Hélène Michel, and Laurent Willemez. "Lay and Professional Judges in Europe’s Labour Courts: Does the Professional Judge Dominate?" Industrial Law Journal 49, no. 2 (2019): 231–57. http://dx.doi.org/10.1093/indlaw/dwz012.
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Abstract Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a professional judge and two or more lay judges, the latter with experience as employees or employers/managers. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the professional judge, despite being in a minority, dominate? This article seeks to address this question by focussing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that professional judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that professional judge dominance varies according to the country’s institutional context and the salience of lay judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay judges were more prepared to challenge the professional judge than others, whereas others observed that some professional judges were more inclusive than others.
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Utami, Putu Devi Yustisia, Kadek Agus Sudiarawan, Dewa Gede Sudika Mangku, and Alvyn Chaisar Perwira Nanggala Pratama. "Sistem Hukum dalam Penyelesaian Perkara Perceraian pada Perkawinan Campuran di Indonesia." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 7, no. 1 (2022): 189. http://dx.doi.org/10.17977/um019v7i1p189-197.
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This study aimed to analyze the legal system and the attitude of judges to resolve intermarriage divorce cases. This study used a normative juridical method with a statutory and conceptual approach. The study results showed that the judge determines the legal system in intermarriage divorce cases by evaluating the link points and collecting facts to find a relationship between the case and the possible legal system used based on the principles of international civil law. The attitude of judges in efforts to resolve mixed marriage divorce cases should not necessarily apply to Indonesian law. Judges should pay attention to foreign national parties' personal and national legal status based on Article 16 Algemeene Bepalingen van Wetgeving Voor Nederlands Indie.
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Іванищук, А. А. "АДМІНІСТРАТИВНО-ПРАВОВИЙ СТАТУС ПОМІЧНИКА СУДДІ". Наукові праці Національного університету “Одеська юридична академія” 15 (3 червня 2019): 328–33. http://dx.doi.org/10.32837/npnuola.v15i0.390.
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У статті доведено, що адміністративно-правовий статус помічника судді - це сукупність його правосуб'єктності, професійних завдань, зобов'язань і прав щодо допомоги судді в підготовці судових справ до розгляду, виконання інших законних доручень судді та керівника апарату суду в поєднанні з професійними обмеженнями та спеціальною дисциплінарною відповідальністю як державного службовця.
 
 The article proved that the administrative status of assistant judge is a collection of his personality, professional goals, commitments and rights. Competence of assistant judge is to assist judges in preparing cases for court proceedings to perform other legal orders of the head judge and court staff, combined with professional limitations and special disciplinary responsibility as a public servant.
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Engel, David M. "Judging and Judgment in Contemporary Asia: Editor’s Introduction to this Special Issue." Asian Journal of Law and Society 8, no. 2 (2021): 199–205. http://dx.doi.org/10.1017/als.2020.25.
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AbstractAlthough the figure of the wise judge may be a universal trope, respect is not automatically accorded every person who passes judgment on another. To be perceived as legitimate, judges must occupy an institutional status with the power to decide controverted cases and must have access to specialized or even sacred knowledge and moral authority. Historically, Asian judges could claim legitimacy through their connection to transcendent legal principles, such as dhamma or dao or shari’a. In contemporary Asia, however, conceptions of law and legal legitimacy have become pluralistic, contested, and contradictory. Judges may to some extent retain a connection to the sacred and the transcendent, yet that connection is no longer sufficient in itself to insulate their judgments—or their character—from criticism. How, then, can the “good judge” be distinguished from judges who fall short of the mark? In this Special Issue, five distinguished scholars explore the crisis of legitimation as it affects judging and judgment in Sri Lanka, India, China, Indonesia, and Thailand.
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Latyev, Alexander N., Gennady A. Esakov, Olga P. Pleshanova, et al. "Legal Chronicle." Zakon 21, no. 11 (2024): 137–69. http://dx.doi.org/10.37239/0869-4400-2024-21-11-137-169.
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In November’s Legal Chronicle we present comments on the Constitutional Court’s ruling on limitation periods in corruption cases, the Supreme Court’s rulings on the fundamental issues of ownership of real estate and the status of the self-employed, as well as its ruling on the criminal ‘doctors’ case’ which concerns the limits of extra-procedural communication between judge and jury, the Federal Tax Service’s clarifications on the procedure for amnesty of business splitting, and expert opinion on the rights of children born with the help of assisted technologies and their legal status in connection with the case considered in the Constitutional Court.
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Lavrenova, O., and Yа Sandul. "SEPARATE ASPECTS OF THE LEGAL STATUS OF THE ASSISTANT JUDGE." “International Humanitarian University Herald. Jurisprudence”, no. 38 (2019): 198–201. http://dx.doi.org/10.32841/2307-1745.2019.38.46.
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Novikov, Nikolai A. "Legal status of the conciliator judge in the arbitration process." Теория и практика общественного развития, no. 10 (2021): 109–12. http://dx.doi.org/10.24158/tipor.2021.10.15.
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Ovsyannikova, Olga, and Yuliia Mykhats. "Peculiarities of the legal status of a judge in Switzerland." Scientific Bulletin Scientific Bulletin of the Dnipro State University of Internal Affairs, no. 1 (2025): 60–66. https://doi.org/10.32782/2078-3566-2025-1-09.
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Flayyih, Najlaa. "The Specificity of Execution in Personal Status Matters: A Study on the Enforcement of National and Foreign Judgments before the Execution Judge." Access to Justice in Eastern Europe 8, no. 2 (2025): 1–19. https://doi.org/10.33327/ajee-18-8.2-c000107.
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Background: The enforcement of personal status judgments poses unique legal and procedural challenges, particularly in jurisdictions where family law is deeply intertwined with religious and cultural principles. The United Arab Emirates (UAE) has introduced a specialised execution judge for personal status matters to enhance procedural efficiency and safeguard family stability. This reform represents a significant departure from traditional execution mechanisms, granting the judge discretionary powers to modify enforcement conditions while addressing the sensitivities of family-related disputes. However, questions arise regarding the scope of judicial intervention, the adequacy of procedural safeguards, and the compatibility of this system with established legal principles, particularly in cases involving foreign judgments. This study critically evaluates these aspects and conducts a comparative analysis of the French legal system to explore best practices. Methods: This research employs a doctrinal legal methodology, analysing statutory frameworks, judicial precedents, and legislative intent behind introducing the personal status execution judge in the UAE. A comparative legal analysis is conducted with the French legal system to examine procedural safeguards, jurisdictional limitations, and the role of judicial discretion in enforcing family law judgments. Special focus is given to the legal implications of modifying visitation rights, travel restrictions, and enforcement conditions, particularly in cross-border cases. Results and Conclusions: The findings reveal that the appointment of a specialised execution judge for personal status matters offers notable advantages, including expedited enforcement, enhanced confidentiality, and tailored procedural mechanisms aligned with the unique nature of family disputes. However, the discretionary authority granted to the execution judge—particularly in modifying visitation schedules and prohibiting travel—raises concerns regarding the stability of judicial decisions and acquired rights. Additionally, the research highlights challenges in enforcing foreign personal status judgments, emphasising the need for clearer legislative provisions to address conflicts of laws. The comparative analysis with the French legal system underscores the importance of judicial expertise in family affairs and the necessity of integrating procedural safeguards to uphold fairness and legal certainty. The study recommends refining the scope of the execution judge’s powers, strengthening procedural protections, and reconsidering specific legislative terminologies to ensure a balanced approach between judicial efficiency and fundamental legal principles.
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Timush, Diana. "THE ESSENCE OF INSTITUTIONAL ADMINISTRATIVE AND LEGAL GUARANTEES FOR A JUDGE IMMUNITY." Journal of International Legal Communication 3 (December 23, 2021): 71–81. http://dx.doi.org/10.32612/uw.27201643.2021.3.pp.71-81.
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The article is devoted to the definition of the essence of institutional administrative and legal guarantees for a judge immunity, on this basis the definition of promising areas in current administrative and legal legislation development. There is used an approach that administrative and legal guarantees are a specific concept of legal means, methods and conditions which, being applied, allow to ensure a certain state of public relations. Being in their “potential” state also has a protective effect, which can be described as preventive. In the course of the research, institutional administrative and legal guarantees of a judge’s inviolability were identified: impossibility to detain or to be kept in detention or arrest a judge without the consent of the High Council of Justice (paragraph 1, part 1, Article 49 of the Law of Ukraine “On Judiciary and Status of Judges”); impossibility to bring a judge to legal responsibility for the adopted decision (paragraph 2, part 1 of Article 49 of the said Law); the impossibility of using a pretext or forcible delivery to a judge, except for the pretext or bringing it to court (Part 3 of Article 49 of this Law); the presence of a special subject of notification of suspicion of committing a criminal offense – only the Prosecutor General of Ukraine or his deputy (Part 4 of Article 49 of this Law); establishment of exhaustive terms of removal of a judge from the administration of justice in connection with criminal prosecution (Part 5 of Article 49 of the said Law); establishment of a special subject of an application for obtaining a court permit to carry out operativesearch or investigative actions against a judge – the Prosecutor General of Ukraine or his deputy, the head of the regional prosecutor’s office or his deputy (Part 9 of Article 49 of this Law); establishment of special rules of jurisdiction of consideration of cases concerning accusation, application of operative-search or investigative actions, precautionary measures against a judge (part 10 of Article 49 of the said Law); determination of a special subject of liability for damage caused by a court – the state (Part 11 of Article 49 of this Law). It is substantiated that the implementation of institutional guarantees of the immunity of a judge is a necessary condition for the proper implementation of all institutional principles of the judiciary. Regarding some principles, these guarantees are a direct factor in their implementation (including the principles of independence, impartiality, justice, rule of law). It is proved that the institutional administrative and legal guarantees of a judge immunity do not have the features of a legal institution in full sense, and therefore they cannot be characterized as a legal institution. However, they have a certain integrity and specificity, as well as a relationship. The legal relations arising in connection with the implementation of these guarantees are characterized by a certain homogeneity, in particular with regard to their object – ensuring the inviolability of a judge. Therefore, the complex nature of institutional administrative and legal guarantees of judges immunity, of guarantees as a separate legal phenomenon is pointed out.
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Vitkova, V. S., and Y. O. Hrabova. "On the Issue of Judges’ Salary as an Element of the Constitutional and Legal Status of Judges." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (2020): 27–36. http://dx.doi.org/10.32631/v.2020.4.02.
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The article focuses on the use of the categories of «permanent population» and «existing population» while applying the regional coefficients in determining the basic amount of salary of a judge, since the judge’s salary guarantees the independence of the judge and is an integral part of his constitutional legal status. Attention is drawn to the fact that, since the judge’s salary can be determined only by the Law of Ukraine «On Judicial System and Status of Judges» the issue of the uniqueness of the application of regional coefficients requires an additional focus of scholars and practitioners, which, in turn, is related to the uncertainty of the provisions of paragraphs 2, 3, 4, Part 4 of the Art. 135 of the above mentioned Law. Determination of the regional coefficient for the calculation of the judge’s salary substantiates the feasibility of applying regional coefficients in practice based on the data, in particular, the basic indicators of the effectiveness of the courts of settlements, population of which exceed 1 million and total population of which is less than 100 thousand. Relevant comparative data on the burden on judges of such courts is provided. Based on the obtained empirical data, it is concluded that there are ambiguities in the use of the categories «existing population» and «permanent population» by the State Judicial Administration of Ukraine while approving staffing of courts in the period of 2017-2020 on the example of Odesa City, despite the relatively constant number of permanent and existing population in the city during this period. The necessity to apply the category of «existing population» in determining the basic salary of a judge is argued, as well as the advisability of amending the paragraphs 2-4 of Part 4 of the Art. 135 of the Law of Ukraine «On Judicial System and Status of Judges» in regard to the need for uniform application of this rule in practice and ensuring that the social guarantees of judicial independence are respected.
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Filonova, Olina I. "Legal Courses as a Form of Accelerated Training of Judges in the Period of the New Economic Policy." History of state and law 12 (December 3, 2020): 68–73. http://dx.doi.org/10.18572/1812-3805-2020-12-68-73.
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The article is devoted to the problems of professional training of Soviet judges during the new economic policy period. The legal normative base of the organization and functioning of legal courses is analyzed, the dynamics of the personnel of the courts by the level of education is traced. The training of justice staff was carried out at legal courses: the highest one-year, regional six-month, short-term (three-month). Circular orders of the Commissariat of Justice defined the content of the educational program of legal courses, the status of student and their material support. The training allowed students of legal courses to become a judge. The big need for judges and the high staff of the court turnover caused a deficit of student to fill the personnel of the courts. By 1929, only 10 percent of judges had theoretical training – graduated from legal courses.
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Gerasimchuk, S. S. "Settlement of a dispute with the participation of a judge in a civil process: problematic aspects." Uzhhorod National University Herald. Series: Law 2, no. 86 (2025): 71–75. https://doi.org/10.24144/2307-3322.2024.86.2.11.
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The article is devoted to the analysis of the procedural norms of the institute of dispute settlement with the participation of a judge in a civil process, the coverage of theoretical and practical aspects, the search for ways of legislative improvement of the legal norms that regulate the procedure of dispute settlement with the participation of a judge. The principles that are implemented during the implementation of dispute settlement in judicial practice are analyzed. Attention is focused on the fact that the institution of dispute settlement with the participation of a judge is one of the types of alternative dispute resolution. The views of scientists regarding the legal nature of the judge’s participation in dispute settlement have been studied. It was found that the settlement of a dispute with the participation of a judge is a voluntary, negotiated, confidential process in which the parties to the dispute try to enter into negotiations on their own, on a voluntary basis, with the support of an independent, neutral and impartial mediator - a judge who, with the help of his own professional skills and knowledge directs the parties to a peaceful settlement of the dispute. A number of main problems that hinder the effective work of this institute have been identified. The lack of professional training and special requirements for a judge to participate in dispute settlement, the legal status of a judge in the dispute settlement procedure with the participation of a judge is not defined in detail, time limitations, issues regarding the consent of the parties to court conciliation, the impossibility of the judge to give legal advice and recommendations, questions regarding the storage of information obtained as a result of the established ability to hold meetings in video conference mode, etc. The adoption of a separate law was proposed, which would establish in detail the legal status of a judge participating in the settlement of a dispute, determine whether a judge has the right to refuse to grant a party’s (his representative’s) request for the application of a dispute settlement procedure with the participation of a judge in legal relations that indicate the impossibility of a peaceful dispute settlement, and define the concept legal advice and evaluation of evidence. The author emphasized the need for information dissemination of the institute of dispute settlement with the participation of a judge. Conclusions and proposals aimed at improving this procedure were formulated.
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Ardiansyah, Ardiansyah. "IMPLEMENTATION OF THE BENEFICIAL OWNER CONCEPT FOR THE UTILIZATION OF THE INDONESIAN-NETHERLANDS TAX TREATY." IBLAM LAW REVIEW 1, no. 3 (2021): 155–72. http://dx.doi.org/10.52249/ilr.v1i3.44.
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The Indonesia-Netherlands Tax Treaty is widely used by multinational corporations to avoid tax. The most crucial matter is how to determine the beneficial owner status, which is one of the requirements in the use of the Tax Treaty between Indonesia and the Netherlands. The main issue that becomes a problem is that the definition of beneficial owner is not clearly regulated in the Tax Treaty between Indonesia and the Netherlands. Therefore, disputes regarding the determination of the beneficial owner often occur. The attitude of judges in Indonesia on this matter is inconsistent. In certain decisions, the judge uses the principle of Substance Over Form and overrides formal evidence in the form of a Domicile Certificate. However, in another decision, the judge views the Domicile Certificate (SKD) as a reference without considering substantive facts. In another ruling, the judge used Dutch law to determine the beneficial owner status and override domestic legal provisions.
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Ardianyah, Ardianyah. "IMPLEMENTASI KONSEP BENEFICIAL OWNER ATAS PEMANFAATAN TAX TREATY INDONESIA-BELANDA (STUDI SENGKETA PAJAK TERKAIT PEMBAYARAN BUNGA)." IBLAM LAW REVIEW 1, no. 3 (2021): 155–72. http://dx.doi.org/10.52249/ilr.v1i3.31.
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The Indonesia-Netherlands Tax Treaty is widely used by multinational corporations to avoid tax. The most crucial matter is how to determine the beneficial owner status, which is one of the requirements in the use of the Tax Treaty between Indonesia and the Netherlands. The main issue that becomes a problem is that the definition of beneficial owner is not clearly regulated in the Tax Treaty between Indonesia and the Netherlands. Therefore, disputes regarding the determination of the beneficial owner often occur. The attitude of judges in Indonesia on this matter is inconsistent. In certain decisions, the judge uses the principle of Substance Over Form and overrides formal evidence in the form of a Domicile Certificate. However, in another decision, the judge views the Domicile Certificate (SKD) as a reference without considering substantive facts. In another ruling, the judge used Dutch law to determine the beneficial owner status and override domestic legal provisions
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Ayaturrohmah Fijihadi and Nynda Fatmawati. "Tantangan dan Kontroversi terhadap Dampak Serta Implikasi dalam Implementasi PP No. 35 Tahun 2023." Dewantara : Jurnal Pendidikan Sosial Humaniora 3, no. 1 (2024): 236–45. http://dx.doi.org/10.30640/dewantara.v3i1.2231.
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On 16 Juni 2023, the new government amended the previous law on Taxation and Redistributing Districts (BPHTB) to include all rights of land and property (exchange, grant, inheritance, land income into the company, etc.). The aim is to optimize the distribution of land through BPHTB. The critical passage in the PP is Pasal 18 ayat 2, which defines the conditions for BPHTB, including the creation of a legal authority, the right to be a wari, the right to be a judge, the right to be a judge, the right to be a judge, the right to be a judge, the right to be a judge, the right to be a judge, and the right to be a judge. The study uses normative research to analyze the PPAT's role in determining the status of BPHTB and its impact on the law. The study also examines the legal resertact process, which involves examining the law's consistency with the law and the legal norms.
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Dobrovlyanina, O. V. "LEGAL REGULATION OF INDIVIDUAL INVESTIGATIVE ACTIONS IN RELATION TO JUDGES." Ex Jure, no. 4 (2023): 85–94. http://dx.doi.org/10.17072/2619-0648-2023-4-85-94.
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Abstract: the article notes that investigative actions are carried out in a special manner with respect to judges. The types of individual investigative actions in relation to judge are investigated. The rules of the Criminal Procedure Code of the Russian Federation and the Federal Law “On the Status of Judges in the Russian Federation” on the procedure for conducting individual investigative actions in relation to judges deprived of immunity, as well as against judges not deprived of immunity, are considered. The provisions of the law on search in relation to these categories of judges are critically evaluated. The necessity of abandoning a special procedure for conducting a search in relation to judges is justified. The conclusion is made about the expediency of simplifying criminal proceedings in relation to judges. Arguments are presented about the need to exclude the inconsistency of the norms of various laws on the procedure for conducting individual investigative actions in relation to judges.
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Momotov, Viktor V. "Judicial Discretion, Judicial Errors and Disciplinary Responsibility of Judges: Current Issues." Rossijskoe pravosudie, no. 5 (April 25, 2024): 5–17. http://dx.doi.org/10.37399/issn2072-909x.2024.5.5-17.
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This article analyses the concept of miscarriage of justice in the context of disciplinary responsibility of judges. In the first part of the article the author proves the necessity and inevitability of judicial discretion as a tool to ensure the consistency of legal regulation, and also raises the problem of the limits of judicial discretion. It is argued that disciplinary measures should be applied only in exceptional cases, otherwise the independence of the judge will not be ensured. With this in mind, the second part of the article defines the relationship between the concepts of “disciplinary offence” and “miscarriage of justice”. The provisions of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” as well as legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation devoted to this issue are considered in a theoretical-legal and historical-legal key. On the basis of their analysis, the author distinguishes between ordinary and gross miscarriages of justice. The final part of the article examines the objective and subjective sides of a miscarriage of justice and proposes the attributes, if any, which may be grounds for bringing a judge to disciplinary responsibility. Particular attention is paid to analysing the sign of systematicity, which is often used in judicial practice. The definition of a miscarriage of justice is formulated, which is proposed to be enshrined in Article 12.1 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation”.
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Pryimachenko, Dmytro, and Anna Maslova. "PUBLIC INTEGRITY COUNCIL AS A SUBJECT OF PUBLIC CONTROL OVER JUDGES ACTIVITY." Journal of International Legal Communication 14, no. 3 (2024): 81–91. https://doi.org/10.32612/uw.27201643.2024.14.3.pp.81-91.
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The article is devoted to the analysis of the requirements of European partners set forth in the Memorandum of Understanding between Ukraine and the European Union within the framework of the new large-scale macro-financial assistance of the EU of January 16, 2023, which directly emphasizes the implementation of clauses in the area of the Rule of Law regarding the selection of judges. The article analyzes the legislation regulating the activity of the Public Integrity Council at the High Qualification Commission of Judges of Ukraine. The authors have singled out the controversial issues faced by the Public Integrity Council during the assessment of professional ethics and integrity of current judges and candidates for the position of judge in the period from 2016 to 2020. It proposes ways of solving the outlined controversial issues in order to improve the activities of the Public Integrity Council. The article is devoted to the study of the status of the body in the system of ensuring the integrity of judges, which is an institution of civil society the Public Integrity Council. The institution is designed to strengthen public confidence in the integrity of new personnel, but the regulation of the legal status has numerous gaps that regulate the status of the Public Integrity Council. The problem is the absence of the scientific basis for the formation of legislation regulating the status of the Public Integrity Council, highlighting controversial issues faced by the Public Integrity Council during the assessment of professional ethics and integrity of current judges and candidates for the position of judge. The legally enshrined involvement of the public in the evaluation of judges and candidates for the position of judge significantly strengthened the role of civil control in the procedures of selection and appointment to the position of judge. This innovation for the judicial system of Ukraine became a historical milestone in the process of judicial reform. The new procedure for the selection of candidates for the position of judge and the verification of current judges, prescribed in the 2016 version of the Law of Ukraine "On the Judiciary and the Status of Judges", should ensure awareness and the opportunity for the public to understand the cause-and-effect relationship between the evaluation and the decision made.
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Malashenkova, T. M. "The importance of law practice in achieving legal certainty regarding the grounds for disciplinary liability of a judge." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 300–305. http://dx.doi.org/10.33663/2524-017x-2021-12-50.
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In order to overcome the relevant problem, the Law of Ukraine «On the Judiciary and the Status of Judges» significantly changed both the grounds for bringing a judge to disciplinary responsibility and the grounds for applying the most severe measure of such responsibility – dismissal of a judge. The level of detailing of such grounds is quite high, both in terms of the certainty of such grounds, and in terms of proportionality between the type of disciplinary misconduct and the type of penalty to be applied for it. At the same time, the results of the analysis of the relevant legal provisions shows that they are not devoid of evaluative, vague concepts, such as «gross disregard for the duties of a judge», «gross violation of the law», «gross negligence», «significant negative consequences». Thus, the question arises whether the problem of uncertainty of the grounds for disciplinary liability of a judge has been conceptually resolved, or whether the relevant problem continues to exist despite significant legislative detail of the relevant grounds. Resolving this issue is the purpose of this article. The existence of wording in the legislation that does not meet the requirements of legal certainty, such as «gross negligence», «gross violation of the law» carries certain risks to the independence of judges, but the existence of such risks can not be considered a reason for the law refused to use them. This is due to the objective impossibility of formulating in the law an absolutely exhaustive list of grounds for disciplinary liability in general and grounds for dismissal of a judge in particular. Critical is the issue of forming a consistent practice of the disciplinary body, which would, firstly, form the criteria for understanding vague concepts, and secondly, would not allow different approaches to responding to the same misconduct of a judge. Keywords: disciplinary liability of a judge, grounds for disciplinary liability, legal certainty, evaluation concepts.
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Dasrinal, Dasrinal. "PERTIMBANGAN HAKIM PADA PUTUSAN PRAPERADILAN NO. 97/PID.PRAP/2017/ PN.JKT.SEL DAN N0 04/PID.PRAP/2015/PN.JAK.SEL TENTANG PENETAPAN STATUS TERSANGKA." UNES Law Review 2, no. 1 (2019): 23–34. http://dx.doi.org/10.31933/ulr.v2i1.59.
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Determination of suspect status is an extension of the pretrial object. The problem is the consideration of pretrial judges in deciding pretrial applications to determine the status of suspects in case No. 97 / PID.PRAP / 2017 / PN.JKT.SEL and case No. 04 / PID.PRAP / 2015 / PN.JAK.SEL. This research is legal research with analytical descriptive specifications with a normative juridical approach. Normative legal research approach. The results showed that the Judge's consideration of the pretrial request was the validity of the evidence used as the basis for determining the suspect. Another consideration is the object of pretrial requests not the authority of a pretrial judge. Pre-trial Judge's Decision Against Pretrial Request Determination of the Status of Suspects is in part granted the Pre-trial Petitioner in part;
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Fokov, A. P. "DOCTRINAL POSITION OF THE INDEPENDENCE OF THE JUDICIARY IN WORKS OF V. I. ANICHINA." Proceedings of the Southwest State University 21, no. 6 (2017): 173–77. http://dx.doi.org/10.21869/2223-1560-2017-21-6-173-177.
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The article is in memory of Vera Ivanovna Anishina, Doctor of Law, Professor of the Russian State University of Justice, Chairman of the 2nd Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation. The author of the article highlights the basic doctrinal provisions of the independence of the judiciary in the writings of Professor V.I. Anishina, highlights the scientist's contribution to improving the mechanism of the judge's responsibility in the Russian Federation. Many topical issues are being touched on the judiciary in the Russian Federation. The author analyzes numerous works of the scientist in the field of the principles of the administration of justice and discloses the content of the principles of independence and independence of judges. Conclusions are drawn about the need to change the system of principles of law, by adding new ones. The idea of a new qualitative approach to the formation of a system of constitutional and legal ideas of the modern development of the judiciary in the Russian Federation is being put forward. Based on the assumption of the need to reform the system of bringing the judge to justice, ideas are offered regarding the mechanism for bringing the judge to legal responsibility on the basis of the ideas of Judge V.I. Anishina, who participated in the consideration of the complaints of judges, deprived of the status of a judge and appealing decisions of the qualification collegiums of judges and the highest qualification board of judges in the country's highest judicial body, other scientists and international experience. It is concluded that the mechanism of judicial responsibility must be enshrined in the federal law "On the responsibility of a judge in the Russian Federation". Current conclusions, having elements of scientific novelty, made by the author in the work, correlate with the available sources on the topic of the research, supported by theoretical research.
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Adiasih, Ning, Gandes Candra Kirana, and Ehsonov Jasurbek Rustamovich. "THE NON-EXECUTABLE CIVIL DECISION: WILL THEY GET LEGAL CERTAINTY?" Jurnal Pembaharuan Hukum 11, no. 3 (2024): 505. https://doi.org/10.26532/jph.v11i3.40154.
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The aims of this research is to analyze the basis for judges' considerations in issuing non-executory civil case decisions and to analyze the legal consequences that arise after the civil case decision is declared unexecutable. This legal research is a type of normative or doctrinal research that is descriptive analytical in nature. The results of this study are that non-executory reasons are not directly regulated in the HIR/Rbg, these reasons are regulated in Book II, Edition 2013: Technical Guidelines for Administrative Courts and Technical Courts for General and Special Civil Courts. The legal consequences of civil case decisions that are declared unexecutable by the Court judge because the execution must be stopped on the grounds of error in objecto. The novelty in this writing is that a decision that contains an error in the object that causes the decision to lose its enforceable power, then based on Article 231 RBg, the judge must order the execution seizure of the land on which the execution order is placed to be revoked and then its status returned to its original state.
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Khotynska-Nor, O. Z. "Participation of a lawyer in disciplinary proceedings against judges." Uzhhorod National University Herald. Series: Law 3, no. 81 (2024): 223–28. http://dx.doi.org/10.24144/2307-3322.2024.81.3.33.
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The article examines certain aspects of a lawyer’s participation in disciplinary proceedings against a judge. It is noted that a lawyer in disciplinary proceedings against a judge can be both the initiator, upon whose complaint the disciplinary proceedings were opened, and the judge’s representative for the purpose of protecting his rights and interests. The focus of the study is on the representation of judges by a lawyer. Such interest is due to a number of reasons. First, since August 2020, the High Council of Justice has accumulated a significant number of disciplinary proceedings against judges, the resumption of proceedings of which took place only recently. Secondly, advocacy during the war underwent a significant transformation, as the demand for advocacy services changed. Many areas of lawyer practice have lost their relevance, which requires lawyers to review their approaches to their own professional development and areas of professional activity. In this context, a significant array of disciplinary proceedings against judges opens up new opportunities for lawyers. Their participation in the disciplinary procedure in relation to the judge is a promising direction for the development of the specialization of advocacy.
 Representation of a judge by a lawyer in disciplinary proceedings is a rather specific type of lawyer’s activity. After all, as a jurisdictional procedure, disciplinary proceedings against judges must meet the requirements of a «fair court» within the meaning of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which has many nuances. In particular, we are talking about the observance of such principles as openness, equality of parties, competitiveness and others in disciplinary proceedings. At the same time, the legal status of a judge implies a set of specific rights and duties of a judge along with numerous guarantees of his independence, which must be observed by all without exception. In addition, the legislation regulating the procedure for bringing a judge to disciplinary responsibility has recently undergone significant changes. Collectively, this requires a significant intellectual resource from the lawyer, which will allow to effectively protect the rights and interests of the judge in disciplinary proceedings, as well as to reasonably position oneself on the market of legal services in this segment of the lawyer’s specialization.
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D. L, Vitiuk, and Vitiuk R. V. "Problems of creation of the High Qualifications Commission of Judges of Ukraine in the Conditions of New Judicial Reform." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 293–98. http://dx.doi.org/10.33663/2524-017x-2020-11-50.
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Analyzing the provisions of Article 131 of the Constitution of Ukraine, it can be concluded that the constitutional powers to ensure the selection of judges, their professional training and evaluation are within the competence of the High Qualifications Commission of Judges of Ukraine. At the same time, the legal status of an authority that is vested with constitutional powers to form a judicial branch does not have the legal position of the Constitution of Ukraine, which creates legal uncertainty in the status of such an authority. According to the authors, the authority of the High Qualifications Commission of Judges of Ukraine and the High Council of Justice to make a submission (recommendation) on the appointment of a judge is duplicate. Such a procedure demonstrates the excessive formalization of the process of appointment to the position of judge and requires the constitutional separation of the functions of the High Council of Justice and the High Qualifications Commission of Judges of Ukraine, reflecting the respective powers in the relevant legislation (Laws of Ukraine "On the High Judicial Council" and Law of Ukraine "On Judiciary and Status of Judges" ). A special place in the article is given to the procedure of formation of the High Qualification Commission of Judges of Ukraine and the imperfection of such procedure, stipulated by the current legislation of Ukraine. In particular, in the opinion of the authors, the formation of state agency whose competence is assigned to constitutional functions is the right to participate in the management of public affairs and, accordingly, is a constitutional right that effectively integrates the political rights of the citizen, guaranteed by the Constitution and laws of Ukraine. Such shortcomings threaten the formation of both the High Qualifications Commission of Judges of Ukraine in particular and the formation of the judicial branch in general. Keywords: High Qualifications Commission of Judges, High Council of Justice, staffing, judicial reform.
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Hari Wibowo, Dodi Jaya Wardana, Levina Yustitia, and Hasnan Bachtiar. "The Legal Status of Circumstantial Evidence in the Context of Criminal Cases in Indonesia." JUSTISI 10, no. 3 (2024): 716–28. http://dx.doi.org/10.33506/js.v10i3.3307.
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In practice, there are several instances of criminal decisions that are not in accordance with the law. In such instances, the judge interprets the law or legal findings based on circumstantial evidence. As a result, the action taken does not achieve the highest degree of justice and legal certainty in a decision. This is because the decision is not based on the minimum requirements of two pieces of evidence that must be met in terms of evidence to impose a sentence. The objective of this research was to analyze the legal status of circumstantial evidence in the context of criminal cases. Our research findings indicate that the philosophy of circumstantial evidence, as it pertains to criminal procedural law, represents a form of evidence that can be considered by judges in relation to the absence of facts that are not directly visible by eyewitnesses. This evidence is intended to provide a comprehensive depiction of the truth of an event, thereby facilitating the acceptance of a reasonable account of events. Establishing circumstantial evidence is distinct from providing instructions, however. To do so, one must obtain clues from facts presented at trial in the form of witness statements, letters and statements of the accused. The ius constituendum application of circumstantial evidence in the process of proving a criminal case is to provide the judge with the authority to utilise circumstantial evidence in the process of proving a crime as an additional legal means of evidence in sentencing. The role of indirect evidence in the imposition of criminal penalties is a doctrine that is confined to be the domain of legal experts.