Journal articles: 'Procedure for appeal'

1

Raskatova, Natalya N., and Nikolay D. Gribov. "Simplification of the appeal procedure in the Russian civilistic procedure." Actual Problems of Economics and Law 10, no. 1 (March 1, 2016): 189–96. http://dx.doi.org/10.21202/1993-047x.10.2016.1.189-196.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Graham, G. "Could the GMC institute an appeal procedure?" BMJ 320, no. 7242 (April 22, 2000): 1148. http://dx.doi.org/10.1136/bmj.320.7242.1148.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Muravyeva, Marianna. "Russian Early Modern Criminal Procedure and Culture of Appeal." Review of Central and East European Law 38, no. 3-4 (2013): 295–316. http://dx.doi.org/10.1163/15730352-00000005.

Full text

Abstract:

This article explores early modern criminal procedure and the emergence of a culture of appeal in the Russian system of criminal justice. It raises several important questions: Why did the appeal procedure not function as an ultimate guarantee of justice? How did Russian procedural law make appeals nothing more than the last stop on an ‘assembly line’, as a confirmation of a verdict rather than another court instance? How was criminal procedure connected with the political regime and a broader understanding of justice in early modern Russia? And what was then the ultimate goal of appeals that encouraged litigants to proceed with their cases to the highest court authorities? The author argues that Russia developed a so-called ‘appeal culture’, i.e., a situation in which individuals were willing to proceed with an appeal despite the quality of judicial decisions. Coupled with selective justice and a subjective understanding of fair trial, the appeal became one of the main means of acquiring a desirable verdict or, at least, of preventing an adversary from receiving such a verdict.

APA, Harvard, Vancouver, ISO, and other styles

4

Dyer, Clare. "Appeal Court rules that NICE procedure was unfair." BMJ 336, no. 7652 (May 8, 2008): 1035.2–1035. http://dx.doi.org/10.1136/bmj.39574.351782.db.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Terekhova, Lidia. "Terms of Appeal of Definitions in Civil Procedure." Herald of Omsk University. Series: Law 17, no. 3 (October 19, 2020): 47–52. http://dx.doi.org/10.24147/1990-5173.2020.17(3).47-52.

Full text

Abstract:

Introduction. Decisions made by the courts on emerging procedural issues are not subject to the rule of universal appeal and can be appealed only if there are two conditions specified in the law, the correctness of which is questioned in the literature. Purpose. The aim of the work is to substantiate the necessary conditions for an independent (separately from the decision) appeal of the rulings of the court of first instance. Methodology. The author used formal legal method, analysis, synthesis, formal logical method. Results. The proposals put forward in science are considered to supplement and amend the current civil procedural legislation in part of appealing the rulings of the court of first instance. The author, with reference to examples, noted that the current law does not always look fair and consistent in the sutuation of which particular definitions are subject to appeal. It is not always possible to agree with the legislator that he correctly singled out those definitions that are adopted on the most important procedural issues, delaying the verification of definitions on which may make it difficult or impossible to protect violated rights. Accordingly, there are reasonable claims that the legislator classifies specific definitions as appealed. The assignment of definitions to the number excluding the further movement of the case faces constant difficulties, since it is not always possible to understand by the nature of the definitions that they exclude the movement of the case. An important role in resolving disputes is played by the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The Supreme Court of the Russian Federation periodically clarifies controversial issues when appealing against rulings that arise in judicial practice. The Constitutional Court clarifies both private issues and formulates general rules. Conclusion. The author recognizes the correct approach chosen in the current legislation, notes other than independent appeals, ways to protect rights, as well as the role of the highest judicial authorities in clarifying disputed situations. Thus, the Constitutional Court of the Russian Federation formulated a general rule: from the right to judicial protection guaranteed by the Constitution, the right to arbitrarily choose the procedure for appealing court decisions does not follow.

APA, Harvard, Vancouver, ISO, and other styles

6

Ivanova, Albena. "Appeal of Public Procurement Procedures." International conference KNOWLEDGE-BASED ORGANIZATION 25, no. 2 (June 1, 2019): 135–40. http://dx.doi.org/10.2478/kbo-2019-0069.

Full text

Abstract:

Abstract Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The purpose of the new Directives is to exclude the risk of giving national tenderers an advantage. There are a number of issues, including the kind of legal protection contractors can expect in Public Procurement procedures. This article analyses one of the mechanisms for controlling Public Procurement - their appeal. It relates to the judicial control exercised by the relevant national institutions in the Member States and the conditions and procedures for appeal that are governed by the national laws, once the Directives have been transposed into national legal systems. Despite a limited number of cases, the Court of Justice of EU (CJEU) also exercises judicial review within the context of a reference for a preliminary ruling, where a national court hearing an appeal against a Public Procurement procedure, has referred a question to the CJEU.

APA, Harvard, Vancouver, ISO, and other styles

7

Korolenko, V. "Implementation of international standards of regulation of appeal procedures in current Civil Procedure Code and Economic Procedure Code." Privat Law and Business 19 (2019): 172–76. http://dx.doi.org/10.32849/2409-9201.2019.19.36.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Marko, Knezevic. "On the appeal against judgment in small claims procedure." Zbornik radova Pravnog fakulteta, Novi Sad 46, no. 4 (2012): 385–402. http://dx.doi.org/10.5937/zrpfns46-3054.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Mezyaev, Aleksandr B. "THE APPEAL RIGHT IN THE MODERN INTERNATIONAL CRIMINAL PROCEDURE." Public international and private international law 3 (June 3, 2020): 31–35. http://dx.doi.org/10.18572/1812-3910-2020-3-31-35.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Gibson, L. K. "An Appeal Procedure for Examinations: Guidelines, Benefits and Concerns." Journal of Management Education 13, no. 2 (January 1, 1989): 111–14. http://dx.doi.org/10.1177/105256298801300212.

Full text

APA, Harvard, Vancouver, ISO, and other styles

11

Mosin, Vladimir. "EXTRAJUDICIAL (INTRACORPORATE) PROCEDURE OF THE APPEAL OF CORPORATE DECISIONS." Bulletin of the South Ural State University series "LAW" 16, no. 3 (2016): 83–86. http://dx.doi.org/10.14529/law160314.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Gentile, Giulia. "The ECJ as the EU Court of Appeal: some evidence from the appeal case-law on the non-contractual liability of the EU." Review of European Administrative Law 13, no. 1 (May 26, 2020): 73–107. http://dx.doi.org/10.7590/187479820x15881424928408.

Full text

Abstract:

Legal scholarship has devoted limited attention to the appeal procedure before the Court of Justice of the European Union. However, appeal judgments have assumed renewed importance following the recent EU judicial reform in 2015. Firstly, the centralisation of the appeal procedure in the hands of the General Court (GC) and the Court of Justice (ECJ) has further strengthened the ECJ's role as a court of appeal of the EU legal order. Secondly, the number of appeal judgments delivered by the ECJ has drastically increased.<br/> The scope of this article is twofold: it presents findings on how the ECJ exercises its role as court of appeal; it also seeks to initiate an academic debate on how the appeal procedure shapes the judicial dialogue between the GC and the ECJ in the interpretation of EU law. For this purpose, the article firstly investigates how the ECJ interprets the notion of 'pleas of law' and 'complex factual assessment'. Since appeals may cover only questions of law, these notions are pivotal in determining the limits of the ECJ jurisdiction when reviewing the decisions of the GC. Secondly, it analyses the interpretative methods used by the ECJ on appeal, and the divergent judicial interpretations of EU law followed by the GC at first instance. Thirdly, it analyses the balancing of individual rights and general interest in the context of this procedure, and the instances in which the ECJ has reviewed the balance struck by the GC. Far from being merely doctrinal research, this analysis offers evidence of how the ECJ interprets EU law on appeal, and provides guidance to practitioners and academics as to procedural and substantive aspects of this procedure. As a case study, the paper focuses on the EU case-law issued on appeals concerning the non-contractual liability of EU institutions.

APA, Harvard, Vancouver, ISO, and other styles

13

IVANOV, Serhii. "Administrative procedure for appealing against decisions, actions or omissions of public administration entities regarding the provision of public services in the field of migration and citizenship." Economics. Finances. Law, no. 5/3 (May 26, 2021): 13–15. http://dx.doi.org/10.37634/efp.2021.5(3).3.

Full text

Abstract:

The paper is devoted to the coverage of the administrative procedure for appealing against decisions, actions or inaction of public administration entities on the provision of public services in the field of migration and citizenship. An administrative appeal is a complex, complex legal institution that includes both procedural and procedural rules. The main forms of administrative appeal are judicial and extrajudicial; moreover, if a court appeal may be exclusively an optional stage of the administrative procedure, then the out-of-court form of consideration of the complaint, also being an optional stage of the administrative procedure, is itself a kind of administrative procedure. In other words, these forms of appeal in the light of the subject of our study will logically be defined as administrative-procedural and administrative-procedural. It is established that the administrative and procedural support of public management of migration is not used effectively enough to appeal in the administrative as a tool to protect the rights of individuals. To overcome this negative trend, we need both transformations in the field of regulatory support, in particular the above amendments to the Law of Ukraine “On Citizens' Appeals” and raising the level of legal culture and legal awareness of all subjects of administrative and legal relations in the study area. The result of intensifying the use of administrative-procedural forms of appeal in the study area should be to reduce the number of administrative lawsuits against the staff and departments of the DMS and ensure the implementation of the principle of efficiency of administrative decisions in the implementation of administrative procedures in public administration of citizenship and migration.

APA, Harvard, Vancouver, ISO, and other styles

14

SLOBODIANYK, Anna, and Nadiya REZNIK. "MANAGING PUBLIC PROCUREMENT APPEALS." Ukrainian Journal of Applied Economics 4, no. 4 (October 30, 2019): 79–85. http://dx.doi.org/10.36887/2415-8453-2019-4-9.

Full text

Abstract:

Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.

APA, Harvard, Vancouver, ISO, and other styles

15

Sinde Monteiro, Jorge, and Maria José Capelo. "OPINION ON THE INTERPRETATION OF ARTICLE 942(4) OF THE CODE OF CIVIL PROCEDURE." ULP Law Review 14, no. 1 (February 9, 2021): 179–88. http://dx.doi.org/10.46294/ulplr-rdulp.v14i1.7477.

Full text

Abstract:

Summary Introductory. Method Issues 1. Brief history of the precept 2. Interpretation of Article 942(4): the relevance of setting the rise mode and the effect of the appeal 3. The application of the general rules on the admissibility of appeals against decisions at first instance 4. The admissibility of a review appeal in the special reporting procedure CONCLUSIONS

APA, Harvard, Vancouver, ISO, and other styles

16

Aliev, Tigran Tigranovich, Anastasia Olegovna Yatsenko, and Aleksandr Dmitriyevich Zolotuhin. "Civil procedure reform: appeal and cassation courts of general jurisdiction." Current Issues of the State and Law, no. 12 (2019): 573–80. http://dx.doi.org/10.20310/2587-9340-2019-3-12-573-580.

Full text

Abstract:

The study is devoted to the consideration of the civil procedural legislation reform. The review notes the significance and consequences of two federal laws: Federal Law of November 28, 2018 no. 451-FZ “On Amending Certain Legislative Acts of the Russian Federation” and Federal Law of December 9, 2010 no. 353-FZ “On Amending to the Civil Procedure Code of the Russian Federation”. The study contains two points of view on the content of the changes. The first point of view is presented by T.T. Aliev and A.O. Yatsenko. We point to one of the most important changes in the procedural legislation – a change in the representation institution in court. We propose the creation of a register of persons who have the right to be representatives in court. We also consider the creation of appeal and cassation courts of general jurisdiction. On this aspect of civil procedure reform, special attention is paid in the second point of view presented by A.D. Zolotuhin, who reveals not only the essence of changes, but also notes the historical background, as well as the theoretical characteristics of the changes. Both approaches to the review of the past reform emphasize that the procedural legislation reform meets current needs, but requires careful and consistent implementation.

APA, Harvard, Vancouver, ISO, and other styles

17

Chvosta, Peter. "Conditions of the appeal claim in the Austrian administrative procedure." Administrative law and process, no. 3(22) (2018): 79–89. http://dx.doi.org/10.17721/2227-796x.2018.3.06.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

임보미. "Transition of appeal system in Criminal Procedure Code and implications." 법학연구 59, no. 1 (February 2018): 327–57. http://dx.doi.org/10.35275/pnulaw.2018.59.1.011.

Full text

APA, Harvard, Vancouver, ISO, and other styles

19

Đokić, Minja. "Suspensive effect of the appeal in Serbian tax administrative procedure." Anali Pravnog fakulteta u Beogradu 66, no. 1 (2018): 256–74. http://dx.doi.org/10.5937/analipfb1801256d.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Kashevarov, A. B., I. V. Akimova, and K. B. Simakova. "The Internal Appeal of the FAS Russia: Procedure and Practice." Russian competition law and economy, no. 2 (August 20, 2021): 18–25. http://dx.doi.org/10.47361/2542-0259-2021-2-26-18-25.

Full text

Abstract:

For more than five years, the FAS Russia has been operating the institute of Internal appeal, which makes it possible to review certain types of decisions of territorial antimonopoly bodies out of court. At the same time, the Legal Department of the FAS Russia with the participation of the Association of Antimonopoly Experts formed the practice of preparing and publishing in the journal "Russian Competition Law and Economics" quarterly reviews of the most important decisions of the collegial bodies of the FAS Russia.During this time, valuable experience has been accumulated in the consideration of complaints against decisions of territorial antimonopoly bodies and uniform approaches to solving a number of key issues of antimonopoly law enforcement have been formed.The article discusses the important problems of Internal appeal of the FAS Russia related to the specification of grounds and the procedure for applying to the collegial bodies of the FAS Russia on complaints against decisions of territorial antimonopoly bodies.An assessment of the most important advantages and disadvantages of this institution is given, recommendations are formulated for optimizing the practice of protecting the rights and legitimate interests of economic entities when appealing decisions (orders) of territorial antimonopoly bodies.

APA, Harvard, Vancouver, ISO, and other styles

21

Dniprov, Oleksii. "MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS." Scientific Notes Series Law 1, no. 9 (2020): 69–74. http://dx.doi.org/10.36550/2522-9230-2020-1-9-69-74.

Full text

Abstract:

The article is devoted to the analysis of the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals. It is noted that the analysis of this mechanism should be carried out through the prism of the study of such legal categories as "appeals", "procedure", "administrative procedure", "administrative procedure for consideration of citizens' appeals". It turns out that administrative procedure for consideration of citizens' appeals is a procedure regulated at the legislative level by an authorized entity (competent public authority) for actions that consist in consideration, in the terms determined by the legislation, relevant proposals (comments), statements (petitions) or complaints and notifications of persons who have applied to a public body about the results (consequences) of consideration of their application. It is proposed to understand the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals as a set of legally defined means by which the state, represented by authorized subjects of public administration, exercises public management influence on legal relations aimed at protecting the rights and legitimate interests of individuals and also, if necessary, for their restoration, which is carried out in order to ensure the rule of law as a legal regime of socio-political life in the state. It is indicated that when studying the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals, its elements should be given a decisive role. In the framework of this study, such structural elements as the rule of law and subjects were considered. It is proposed to divide the subjects acting as participants of administrative and legal relations concerning the address of citizens into two groups: obligatory and optional. It is determined that the obligatory subjects should include individuals who submit an application and the entity that reviews the application; to optional – persons in whose interests the appeal is filed, persons whose actions or omissions are challenged; persons who facilitate the consideration of the appeal.

APA, Harvard, Vancouver, ISO, and other styles

22

Denisa, Barbu. "CONSIDERATIONS RELATING TO CERTAIN ASPECTS OF THE APPEAL IN THE CRIMINAL PROCEDURE." Agora International Journal of Juridical Sciences 10, no. 2 (December 28, 2016): 12–18. http://dx.doi.org/10.15837/aijjs.v10i2.2803.

Full text

Abstract:

The appeal constitutes a judicial mechanism made available to consumers and to the Prosecutor that aims straight for errors committed by a Court of law in its approach of jurisdiction. The term judicial error must be understood in this context as defined in its broad, drawing together both errors of fact and errors of law. Therefore, the appeal is made for the one dissatisfied with the Court decision as a veritable juridical panacea.The role of the right of appeal is not limited to conferring the possibility of requesting a new retrial of the case. They serve the interests of private individuals higher interests, being accused of public order needs. Thus, the existence of remedies is required by principles such as finding out the truth, the right to a fair trial and the reasons for the population’s confidence in the judiciary or the respect due to justice.The new code of criminal procedure1 has reformed the system of appeal may be exercised in criminal matters, giving them a generous space between regulators, art. 408 and 470. We meet thus, in penal matters, the following remedies: appeal, opposition, and cancellation, opposition in cassation, review and reopening of criminal trial resulting from the absence of the person convicted. Distinct from these, we encounter the complaint which may be made against preventive measures (judicial review and judicial control on security) prepared by the Prosecutor during criminal proceedings and which is addressed to judge rights and freedoms. Still exemplifying, we may meet and demand the cancellation or reduction of the fine, governed by art. 284 of NCPP, and the examples do not stop there. We must note that, in our opinion these latter examples may be considered legal remedies only in the usage of the term largo sensu „remedy”. From the etymological point of view, the appeal originates in French, designating a claim appel, a calling application, a request etc. addressed to persons or institutions in order that the latter to settle claims by the appellant.

APA, Harvard, Vancouver, ISO, and other styles

23

Turłukowski, Ja. "Appeal against Court Judgement (Decision) in Polish Civil Procedure: Selected Problems." Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki 161, no. 4 (2019): 195–203. http://dx.doi.org/10.26907/2541-7738.2019.4.195-203.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

Kotlyarova, V. V. "On the Powers of the Court of Appeal in Civil Procedure." Herald of Civil Procedure 7, no. 2 (2017): 65–72. http://dx.doi.org/10.24031/2226-0781-2017-7-2-65-72.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

KNYAZKIN, S. I. "Modern Understanding of the Court of Appeal Institution in Civil Procedure." Herald of Civil Procedure 8, no. 3 (2018): 90–105. http://dx.doi.org/10.24031/2226-0781-2018-8-3-90-105.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Vezdenev, K. E. "Ways of possible optimization of the appeal procedure in criminal proceedings." Право и государство: теория и практика, no. 12 (2020): 166–68. http://dx.doi.org/10.47643/1815-1337_2020_12_166.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Maryniv, V. I., and O. Leiba. "Some gaps in criminal procedural legislation at the time of court decisions appeal." Problems of Legality, no. 153 (June 16, 2021): 155–64. http://dx.doi.org/10.21564/2414-990x.153.230046.

Full text

Abstract:

The article is dedicated to the explanation of such legislative defects as gaps in the criminal procedural legislation during court decisions appeal. Within the framework of the study the attention focuses on the fact that regulatory rulemaking of the court decisions appeal in criminal proceeding contains multiple gaps that affect negatively at its practical implementation. Detailed analysis of the gaps in the criminal procedure legislation has been carried out. By reference to specific aspects of the judicial review implementation, the gaps classification according to their subject is proposed. More specifically the following gaps in the rulemaking of the court decisions appeal in criminal proceedings are identified: 1) concerning the object of appeal; 2) concerning the appealer; 3) concerning the subject of appeal; 4) concerning the appeal procedure, etc. It is pointed out that number of legal regulation gaps regarding the identification of the object of appeal is quite significant. Such gaps arise in response to the determining a list of court decisions by the legislator that are subject to appeal consequently making impossible reviewing those court decisions that are not directly enlisted. Such matter is illustrated by the example of the establishment of restrictions on the ability to appeal the investigating magistrate decisions. Considering the gaps concerning the appealer it is pointed out that in some cases the legislation does not provide the right of relevant parties for court decisions appeal or does not provide them with sufficient legal opportunities which limits a person’s constitutional privilege for court decision appeal review and his/her access to judicial proceedings. The analysis of gaps concerning the subject of appeal was also carried out. It is concluded with reason that such gaps arise due to the disadvantageous legislative determining of the issues which are allowed to appeal procedure. In the course of the research attention is drawn to the fact that the criminal procedural legislature furthermore contains other gaps in the rulemaking of court decisions appeal. In particular they concern the appeal procedure itself, implementation of the rights of its participants and some other issues. By way of illustration of the given type of gap it is indicated that the opportunity of implementation of the right to appeal for those persons who are directly granted with it by the law may be complicated due to the shortage of the actual opportunity to appeal against the judgment, in light of the high requirements for its content and format, advanced by the domestic lawmaking body. In the article motions considering eliminating and overcoming the enlisted legislative defects are formulated.

APA, Harvard, Vancouver, ISO, and other styles

28

Kil, Jan. "Complaint against the judgment of the court of appeal as appeal measure sui generis." Roczniki Administracji i Prawa specjalny, no. XIX (December 30, 2019): 165–81. http://dx.doi.org/10.5604/01.3001.0014.1025.

Full text

Abstract:

The subject of the article is the analysis of the complaint against the judgment of the court of appeal, that has been described in chapter 55a of Polish Code of Criminal Procedure and was introduce by Amending Act of 11th March 2016. The purpose of the article is to present and the analyse the new regulation. The article covers the main issues, which are the most crucial both in law doctrine and the judicial application of law. The author presents the nature of this specific kind of appeal complaint, conditions of its application and the proceedings in this matter. The study presents the arguments in favour of categorising the complaint against the judgment of the court of appeal as extraordinary appeal measure, as well as ordinary appeal measure.

APA, Harvard, Vancouver, ISO, and other styles

29

Porzeżyńska, Magdalena. "Wyczerpanie alokacji a prawo wnioskodawcy do otrzymania dofinansowania z funduszy unijnych. Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 11 kwietnia 2019 r. (I GSK 378/19)." Studia Iuridica Lublinensia 30, no. 2 (June 30, 2021): 415. http://dx.doi.org/10.17951/sil.2021.30.2.415-431.

Full text

Abstract:

<p>The commented judgement concerns the issue of refusal to grant co-financing from EU funds in a situation in which during the appeal procedure (as a result of which the project obtained a higher score than other projects that received funding), the funds allocated to the competition were exhausted. In the commented judgement, the Supreme Administrative Court considered whether the refusal to grant funding motivated by exhaustion of the allocation may give way to the institution’s obligation to shape competition procedures in such a way that the appeal procedure in these circumstances does not turn out to be merely illusory. In this commentary, the author approved the conclusion of the Court that the amount of funds allocated to the competition is secondary to the institution’s obligation to ensure a correct and reliable application evaluation procedure. It is necessary to shape the competition procedures in such a way that the entity which launched the appeal procedure has the opportunity to prove its arguments and, as a consequence, to receive the subsidy. The conclusions made by the Supreme Administrative Court remain particularly relevant from the perspective of the upcoming works on the new act defining the rules for the implementation of cohesion policy programs financed in the 2021–2027 financial perspective.</p>

APA, Harvard, Vancouver, ISO, and other styles

30

BORISOVA, E. A. "ROMAN LAW AS THE BASIS OF LEGAL KNOWLEDGE ABOUT APPEAL IN CIVIL CASES." Herald of Civil Procedure 11, no. 2 (June 30, 2021): 80–110. http://dx.doi.org/10.24031/2226-0781-2021-11-2-80-110.

Full text

Abstract:

Appeal as a guarantee of the right to judicial protection, appeared and took shape in the Roman civil procedure. Thanks to the reception of the Roman law the achievements in the field of appeal were adopted by the European legal system, which allowed to create a unified basis for the legislative appearance of the right to appeal a court decision and proceedings in the appellate court. Since the beginning of the twentieth century, as part of the widespread reform of civil proceedings, changes have been made in the appeal process. Many of them are in line with the provisions of the Roman sources of law – the Digest of Justinian and the Code of Justinian. Legislative regulation of Russian civil appeals is characterized by goal ambiguity, which negatively affects the quality of judicial protection and necessitates changes. The experience of Roman appeal allows to answer topical issues of appellate procedure, to determine the vector of development of the appellate court proceedings. The article proves that the source of legal knowledge about civil appeal is corresponding regulations of Justinian’s Code and provisions of Digest of Justinian.

APA, Harvard, Vancouver, ISO, and other styles

31

Kincbok, Agnieszka. "ZRZECZENIE SIĘ PRAWA DO WNIESIENIA APELACJI W POSTĘPOWANIU UPROSZCZONYM." Zeszyty Prawnicze 5, no. 2 (June 14, 2017): 183. http://dx.doi.org/10.21697/zp.2005.5.2.08.

Full text

Abstract:

Renunciation of the Right of Appeal in the Simplified ProcedureSummaryThis aticle concerns the institution of renunciation of the right of appeal, which is regulated by article 5058 § 3 of the Act of 17 November 1964 - Civil Proceedings Code (CPC).Renunciation of the right of appeal, which was introduced to the Polish civil procedure by an amendment to the CPC of 24 May 2000, functions only in the simplified procedure. In consequence it is impossible to renounce the right of appeal both in the standard procedure based on the general regulations and in the remaining types of procedures under CPC.This paper addresses the questions of who is authorized to renounce ius appellandi, when and in what form this can be done.Moreover this article discusses whether under article 5058 § 3 of CPC the judge is authorized to decide that renunciation of appeal is unacceptable for reasons specified in articles 203 § 4, 469 and 47913 of the CPC. The author of the article argues that on the ground of the currently binding regulations the judge does not have this kind of prerogative.The article also discusses procedural effects of the renunciation, which are different depending on the party making such declaration.Finally, this article looks into the widely disputed issue whether it is possible to cancel the declaration of renunciation of ius appellandi.

APA, Harvard, Vancouver, ISO, and other styles

32

Korol, Denys. "Simplified Procedure in Civil Proceedings in Different European Countries: Comparing Study." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 225–28. http://dx.doi.org/10.36695/2219-5521.1.2020.45.

Full text

Abstract:

In this article the simplified civil proceedings were analyzed as one of the most current discussion. Its characterization and difference from general action proceeding are debatable issues that need attention and in-depth study, especially in Ukraine, where the differentiation of action proceedings was first introduced in 2017. This background requires the comparing research of the doctrine and legislative of European countries such as Germany, Lithuania, Poland, Spain and France, which have been selected for comparison, as well as the European Small Claims Procedure, which has been in existence alongside national small dispute resolution procedures for over ten years. The most generalizable features that appear to be inherent in any simplification of court proceedings were studied, in particular, the time frames for simplified litigation, whether or not to hold hearings, the possibility of appeal and mandatory representation in these proceedings. In conclusion, it was noted that the elements of simplifying the procedure for small cases resolution in Ukraine and in other European countries generally coincide. Among the similarity there are the features of securing the right to an oral or public court hearing on the case, a certain limitation of the right to appeal the decision in the case, the absence of compulsory representation, even in the conditions of compulsory representation of the parties in court by a lawyer. At the same time, the lack of standardized forms of appeal to the court in the simplified procedure, as well as the approaches to the procedure of the choice of the procedure of the case - are excluded by the parties, both in the European Small Claims Procedure and in Germany, to the excluded right of a judge to decide this issue. how it is envisaged in Lithuania. It is useful to borrow, in our opinion, the experience of Spain and France, in which the collection of small debts is the responsibility of the bailiff and the notary. Thus, a comprehensive mechanism for dealing with small or small matters should be established and maintained in the state.

APA, Harvard, Vancouver, ISO, and other styles

33

Shcherbyna, V. S., and V. V. Bodnar. "SOME ASPECTS OF THE APPEAL IN ECONOMIC JUDICIAL PROCEEDINGS." Economics and Law, no. 1 (April 15, 2021): 3–9. http://dx.doi.org/10.15407/econlaw.2021.01.003.

Full text

Abstract:

The issues of organizational changes that the courts of appellate instance have undergone, as well as the content of the norms of economic procedural legislation, which enshrine the features of appellate proceedings. The peculiarities of appellate proceedings as an independent stage of economic litigation are considered, which include the following: a) an appeal is filed against a decision of a court of first instance that has not entered into force; b) review of court decisions on appeal is carried out by the courts of appeal; c) the right to appeal has the participants, as well as persons who did not participate in the case, if the court has decided on their rights, interests and (or) responsibilities; d) the appeal is filed directly with the court of appeal; e) the subject of review of the case by the court of appellate instance is the verification of the legality and validity of the decision of the court of first instance; f) the limits of review of the case in the court of appeal, as a rule, are limited by the arguments and requirements of the appeal; g) in the court of appellate instance cases are reviewed according to the rules of consideration of cases in the order of simplified claim proceedings, taking into account the features provided by the Code. It is proposed in order to avoid (reduce) cases of unfounded filing of appeals to supplement Art. 254 Code of Economic Procedure of Ukraine norm on the grounds of appeal of court decisions such as defined in Part 2 of Art. 287 of the Code of Economic Procedure of Ukraine on the grounds of cassation appeal. It is noted that the current version of the Code of Economic Procedure of Ukraine does not contain rules that would determine what procedural actions and within what period the appellate court should take to recover the case from the court of first instance, and during what period the court of first instance should consider the case her appellate court. Arguments are made against the use by courts of the so-called "procedural analogy" in cases. Other proposals are being made to improve the current procedural legislation.

APA, Harvard, Vancouver, ISO, and other styles

34

Reva, Vladyslav. "Legal basis for appealing decisions, actions or inaction of customs authorities." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 96–103. http://dx.doi.org/10.34079/2226-3047-2020-10-19-96-103.

Full text

Abstract:

This scientific article, based on the analysis of international law, states that one of the main provisions in this area should be the principle according to which citizens' appeals against decisions of administrative bodies are grounds for suspending the implementation of this decision. If national law does not provide for this, citizens should be given the opportunity to apply to administrative or judicial authorities to suspend the execution of the contested decision in order to secure their rights and interests. It is proved that the possibility of appealing to customs authorities with complaints about illegal decisions, actions or inaction of their bodies and officials is an important means of protecting the rights of individuals and legal entities in the customs sphere. At the same time, work with complaints strengthens control over the activities of customs authorities, restores public confidence in customs authorities, and also helps to identify shortcomings in the work of customs authorities of organizational or regulatory nature. It is emphasized that the Customs Code of Ukraine provides for two procedures for appeal, namely: appeal against decisions, actions or omissions of customs authorities, their officials and other employees to officials and higher authorities (pre-trial procedure); appeal against decisions, actions or omissions of customs authorities or their officials in court (court procedure). The author reveals the content of this issue in more detail. It is argued that appealing against the actions and decisions of public administration bodies in court is not an easy way. This form of administration of justice requires qualified legal assistance, especially in the preparation of documents. The need to regulate the procedure of administrative appeal in more detail at the legislative level is argued, which is a necessary condition given the need to eliminate the manifestations of subjectivity in the consideration and resolution of complaints, ambiguous application of substantive law. It is also justified to combine the procedure for appealing against decisions, actions or omissions of customs authorities in one normative act.

APA, Harvard, Vancouver, ISO, and other styles

35

Grebentsov, Aleksandr M. "Objections to a Cassation Appeal in Civil Proceedings in a Cassation Court of General Jurisdiction: Legal Regulation Drawbacks." Arbitrazh-civil procedure 11 (October 29, 2020): 44–46. http://dx.doi.org/10.18572/1812-383x-2020-11-44-46.

Full text

Abstract:

The article is devoted to the problem of legal regulation of the procedure for submitting objections to a cassation appeal in cassation proceedings in cassation court of general jurisdiction. The article points out the absence in the Code of Civil Procedure of a procedure for submitting objections to a cassation appeal taking into account the principle of competitiveness and equality of the parties, and suggests a solution to this problem.

APA, Harvard, Vancouver, ISO, and other styles

36

김주형. "A Study on Improvement Options of Appeal Procedure in Port State Control." 법과정책 20, no. 1 (March 2014): 157–82. http://dx.doi.org/10.36727/jjlpr.20.1.201403.007.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Celińska, Klaudia Anna. "Objection – the New Control System of Appeal Against Sentence in Administrative Procedure." Studenckie Zeszyty Naukowe 20, no. 35 (February 16, 2018): 7. http://dx.doi.org/10.17951/szn.2017.20.35.7.

Full text

APA, Harvard, Vancouver, ISO, and other styles

38

Garant, Patrice. "Le devoir d'équité procédurale et le contrôle judiciaire ou quasi judiciaire de la procédure administrative." Les Cahiers de droit 23, no. 3 (April 12, 2005): 587–624. http://dx.doi.org/10.7202/042509ar.

Full text

Abstract:

The doctrine of « procedural fairness » is widening its scope of application to all kinds of administrative decisions. « Procedure » must, as a notion, therefore be clearly defined. The definitions given by the authors or by case-law make it difficult to distinguish between « procedure » and « merits ». The jurisprudence of the Commission de la Fonction publique du Québec, an appeal Tribunal under the Quebec Civil Service Act, is quite relevant since section 77 of the Act gives to the Commission jurisdiction to hear appeals when « the verification procedure of eligibility of candidates or the selection procedure was irregular or illegal ». The Commission, as a specialised expert appeal Tribunal, has adopted a very liberal approach of the concept of procedure. From that experience one may question the diserability of having the ordinary Courts of Justice control of the fairness of administrative procedure. If so, which of an Administrative Tribunal or a Superior Court is the appropriate forum to deal with procedural deficiencies within the administrative process? Up to now, Administrative Tribunals have done well in that field.

APA, Harvard, Vancouver, ISO, and other styles

39

Nobles, Richard, and David Schiff. "The Supervision of Guilty Pleas by the Court of Appeal of England and Wales – Workable Relationships and Tragic Choices." Criminal Law Forum 31, no. 4 (July 7, 2020): 513–52. http://dx.doi.org/10.1007/s10609-020-09400-2.

Full text

Abstract:

AbstractThe judgments of criminal appeal courts are an example of Calabresi and Bobbitt’s concept of ‘tragic choice’. Judges justify convictions by reference to the values which they attribute to criminal procedures: fairness, truth and rights, rather than the full range of considerations which have influenced the introduction of those procedures: cost, efficiency, crime control, public perceptions of crime, etc. The difficulties facing the Court of Appeal in justifying convictions by juries after a full trial are multiplied in the case of convictions following guilty pleas. A procedure which on its face is less capable of identifying guilt than a trial, has to be defended on the basis that it is overwhelmingly more capable of identifying guilt (or so fair as to justify disregarding the possibility of innocence). Recent changes to the plea system restricting maximum sentence discounts to pleas made at the earliest opportunity further distance guilty pleas from the protections afforded by trial, and compound the difficulties in justifying these convictions as ‘safe’. With guilty pleas we have reached a situation where the Court of Appeal seems unable to provide a remedy for miscarriages, but instead, like the judges of the 19th century opposing the creation of the Criminal Court of Appeal, claims the procedure is so safe that there is little or no need for review, even in cases of procedural irregularity (short of abuse of process) or new evidence (short of exoneration).

APA, Harvard, Vancouver, ISO, and other styles

40

Ivanc, Tjaša. "The Main Features of the Law Amending the General Administrative Procedure Act." Lex localis - Journal of Local Self-Government 6, no. 1 (September 30, 2009): 71–86. http://dx.doi.org/10.4335/32.

Full text

Abstract:

The Law Amending the General Administrative Procedure Act refers to a variety of provisions. New solutions should contribute to a more rapid, more efficient and more cost-effective procedure. Primarily due to elimination of the inconsistent use of individual provisions in practice, the amending law regulates more definitely the issues of authorising the persons to manage and make decisions at different decision-making levels in administrative procedures in municipalities. The law also develops electronic operations and it especially amends the electronic service provisions. There is a fairly large number of amendments in the Service Chapter. And an important novelty needs to be emphasized. This is the institute of the waiver of the right to appeal which the General Administrative Procedure Act did not know. However, it is well-known in foreign legal regulations and in the Construction Act adopted in our country. KEY WORDS: • administrative procedure • electronic operations • right to appeal

APA, Harvard, Vancouver, ISO, and other styles

41

Nishanov, Sanjar. "APPEALS ARE AS A MEANS OF GUARANTEEING THE RIGHTS AND FREEDOMS OF THE PERSONSIN CRIMINAL PROCEEDINGS." JOURNAL OF LAW RESEARCH 6, no. 7 (July 30, 2021): 112–19. http://dx.doi.org/10.26739/2181-9130-2021-7-12.

Full text

Abstract:

The article investigatesthe concept of appeals in criminal proceedings, their importance and types, its features and elements as a subjective right. In this regard, the scientific views previously assimilateed in the local and foreign literature isanalyzed and scientific observations are conducted. The articlefocuses on the essence of the content of the most common type of appeal in criminal proceedings, the need to establish legal mechanisms in criminal procedure lawcompletely regulatingthe right of participants to appeal

APA, Harvard, Vancouver, ISO, and other styles

42

Kruszyński, Piotr, and Jan Kil. "SUBSTANTIVE LAW VIOLATION AS A BASIS FOR REVOCATION OF THE RULING." Roczniki Administracji i Prawa 1, no. XVIII (June 30, 2018): 231–41. http://dx.doi.org/10.5604/01.3001.0012.6001.

Full text

Abstract:

The subject of the article is an analysis of a violation of substantive law as the basis for the revocation of a ruling in Polish criminal proceedings. The study presents the historical evolution of the violation of substantive law as an appeal basis in consecutive criminal procedure codifications, starting from the Code of Criminal Procedure of 1928. The paper reviews and analyzes the case law regarding the pleasof theviolation of substantive law in criminal cases. In-depth consideration was given to the violation of substantive law as the basis for ordinary and extraordinary appeals in the criminal proceedings. The publication examines the legitimacy of recognition of violations of substantive law in the category of absolute appeal basis. Also, the violation of substantive law was confronted with the institution of gross injustice of the rulingstemming from Article 440 of Code of Criminal Procedure (kpk).

APA, Harvard, Vancouver, ISO, and other styles

43

Brink, Barbara, and Albert T. Marseille. "Participation of Citizens in Pre-Trial Hearings. Review of an Experiment in the Netherlands." Central European Public Administration Review 12, no. 2-3 (October 2, 2014): 47–61. http://dx.doi.org/10.17573/ipar.2014.2-3.a03.

Full text

Abstract:

In 2011 the Dutch Central Appeals Tribunal, the highest Dutch court of appeal in legal areas pertaining to social security and the civil service, started consulting the parties of a dispute at an early stage in the procedure, in order to include them in the decisions about the procedural steps to be taken in the settlement of the appeal. One of the underlying rationales is that the involvement of the parties will lead to more acceptance of and contentment with the result. Since the acceptance of court decisions is considered as a criterion for the quality of the procedure, this approach should result in a better quality of the case treatment. In this article the initial results of this new case treatment are presented in the light of expectations from the literature on citizen participation in policy processes of public agencies. The data indicate that the New Case Management Procedure at the Central Appeals Tribunal can lead to an improvement of the quality of the case treatment, by inviting citizens to discuss with the judge about the case treatment. However, the procedure itself does not guarantee this increased quality.

APA, Harvard, Vancouver, ISO, and other styles

44

Bardarov, Stoimen. "National Security and the Permit for Access to Classified Information-Social and Legal Aspects in the Event of a Denial of Revocation of a Permit for Access to Classified Information." International conference KNOWLEDGE-BASED ORGANIZATION 24, no. 2 (June 1, 2018): 151–55. http://dx.doi.org/10.1515/kbo-2018-0081.

Full text

Abstract:

Abstract This study examines the lack of legal possibility for defence in the event of a Denial of Revocation of a permit for access to classified information. The analysis of the research is focused on the appeal procedure before the Supreme Administrative Court of Bulgaria and the possibilities for conducting an internal inquiry into the conformity with the law of the Denial or Revocation ad hoc within the appeal and/or cassation procedures before the Supreme Administrative Court

APA, Harvard, Vancouver, ISO, and other styles

45

Tabacu, Andreea, and Ramona Duminică. "REASONS FOR THE APPEAL FOR ANNULMENT ACCORDING TO THE NEW ROMANIAN CODE OF CIVIL PROCEDURE." Agora International Journal of Juridical Sciences 8, no. 1 (February 4, 2014): 161–65. http://dx.doi.org/10.15837/aijjs.v8i1.936.

Full text

Abstract:

With regards to the appeal for annulment, the New Romanian Code of Civil Proceduremaintains the possibilities of exercising this extraordinary measure of contest, as regulated inthe previous code. It adds, however, the reason for such a measure which is determined bynot respecting the rules in assembling the judicial panel. These are essential rules of judicialactivity and could have permanently affected the decisions of the appeal courts which couldnot be contested in any other way.

APA, Harvard, Vancouver, ISO, and other styles

46

García-Gallego, M. "Prescription of sanctions in the social order after appealing against the sanctioning decision." Finance, Markets and Valuation 5, no. 2 (2019): 81–90. http://dx.doi.org/10.46503/xgdy5663.

Full text

Abstract:

This article deals with the problems caused by the expiry of the sanctioning procedure and the prescription of offences and sanctions in the social order. It analyzes those sanctioning procedures initiated ex officio in which, once the proposal for a sanction has been formulated and notified to the administrated party, the latter appeals it and, once the statute of limitations for the infraction and the sanction has expired, the Administration issues an express resolution rejecting the appeal that empowers it to collect the sanction imposed. This way of acting by the Administration, leaving the appeal without a resolution, without executing the sanction and prolonging this situation for years, means that the administered party is submerged in the most absolute legal uncertainty. This article reconsiders this unjust jurisprudential criterion in the light of the new Law 39/2015.

APA, Harvard, Vancouver, ISO, and other styles

47

Panokin, Aleksandr M. "Grounds for the cancellation or amendment of court decisions in criminal cases on appeal." Vestnik of Saint Petersburg University. Law 12, no. 1 (2021): 52–72. http://dx.doi.org/10.21638/spbu14.2021.104.

Full text

Abstract:

The article analyzes the legal regulation and practice of applying the grounds of appeal. The positive and negative sides of the statutory recognition of the grounds of appeal are revealed. The author comes to the conclusion that when establishing such grounds in the Criminal Procedural Code of the Russian Federation, the rules of formal logic and systematization of legislation were violated. The grounds of appeal do not form a unified system, they do not cover all possible violations that entail the delivery of unjust court decisions. As a result of the study, it can be affirmed that the absence of appeal grounds will protect the rights of the individual in criminal proceedings to the maximum extent by maximizing the extension of the subject of the appeal and verification of court decisions, and it will provide ample opportunity for the court of appeal to identify and eliminate any violations committed. In addition to this, it is necessary to increase the requirements for the reasoning of appeals, representations of professional participants in criminal procedures and the quality of the justification and motivation of decisions by courts of appeal. The absence of the grounds of appeal makes it necessary to provide a detailed answer to the arguments of the subjects of the appeal set out in the complaints, as a result of which the decision of the court of appeal becomes not only legal, reasonable, motivated and fair, but also convincing. Equally, the absence of such grounds guarantees the independence of judges and their high professionalism, as well as the demand for creative potential when reviewing court decisions. In turn, the consolidation in the criminal procedure law of various grounds for reviewing court decisions that have entered into legal force will make it possible to limit separate control and verification stages of the criminal process from each other.

APA, Harvard, Vancouver, ISO, and other styles

48

Harnon, Eliahu. "Criminal Procedure and Evidence." Israel Law Review 24, no. 3-4 (1990): 592–621. http://dx.doi.org/10.1017/s0021223700010104.

Full text

Abstract:

Once upon a time there was a lawyer who was most familiar with the rules of criminal procedure and of evidence in force in mandatory Palestine in May 1948. One day in June 1948, the lawyer disappeared. Some say he fell into a deep sleep for many years. Only after the passage of forty years he awoke.Turning to and fro, he will immediately recognize the Ottoman building that houses the courts in Jerusalem's Russian Compound. He will also feel at home with the basic hierarchy of the judiciary: two courts of first instance—magistrates' and district—and no intermediate court of appeal between the district level and the Supreme Court.

APA, Harvard, Vancouver, ISO, and other styles

49

Sinitsyn, S. A., and M. O. Diakonova. "Transition to consideration of the case under the rules of another type of legal proceedings in a higher court." Russian justice 1 (January 28, 2021): 61–63. http://dx.doi.org/10.18572/0131-6761-2021-1-61-63.

Full text

Abstract:

The article raises the question of the consequences of detecting errors in the choice of the type of legal procedures not only at the stage of trial in first instance, but also at the stages of verification of court decisions. The authors conclude that at the appeal stages the court should check whether the trial under the rules of an improper type of procedure led or could have led to the illegal and unjustified adjudication. If such circumstances are discovered, the judicial act should be canceled, and in exceptional cases, the case should be returned to the court of first instance. In other cases, the conversion to trial under the rules of other procedure may be carried out at the appeal or cassation.

APA, Harvard, Vancouver, ISO, and other styles

50

Smolkova, Iraida, Tatyana Vilkova, Roman Maziuk, Sergey Nasonov, and Alexander Nichiporenko. "Prospects of Improving the Mechanism of Judicial Protection in Russian Criminal Proceedings: Issues of Theory and Practic." Russian Journal of Criminology 12, no. 3 (June 18, 2018): 387–95. http://dx.doi.org/10.17150/2500-4255.2018.12(3).387-395.

Full text

Abstract:

Evaluation of the trends of judicial protections development in accordance with constitutional and international legal standards is carried out through the prism of analyzing draft laws regulating court procedures and the reform of Russian court system. The author argue that it is not acceptable to limit the right to judicial appeal against the actions (inaction) and decisions of the preliminary investigation bodies and the prosecutor by introducing the obligatory preliminary examination of such complaints by the head of the investigation agency or the prosecutor according to the procedure set by Art. 124 of the Criminal Procedure Code of the Russian Federation. They also criticize the draft law according to which only the introduction and the resolution of the verdict are pronounced on all the criminal cases: if made into law, this will greatly limit the transparency of criminal court procedures and the right of the accused and their defense attorney to appeal the verdict. The authors identify the faults in the draft law aimed at simplifying the procedure of examining the appeals (petitions) against interim solutions because the elimination of the court investigation will limit the implementation of the adversarial principle at the stage the court of appeals proceedings. It is shown that the current reform of procedures of a jury trial is aimed at strengthening and improving the judicial protection mechanism. The authors summarize the conclusions of contemporary research that although some parameters of the jurys efficiency could vary depending of the number of the jurors, in general, a smaller or a greater number of jurors does not have a decisive impact on the quality of the verdict. They show the positive prospects of giving the Head of the Supreme Court of the Russian Federation the right to initiate the supervisory proceedings for criminal cases and of including in the Criminal Procedure Code of the Russian Federation the right of the RF Commissioner for Human Rights to submit cassation and supervision petitions. The analysis of draft laws allows the authors to evaluate the trends for improving the mechanism of court protection in the criminal court procedures of the Russian Federation in each of the two «dimensions» of judicial protection - the institutional and the functional one.

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'Procedure for appeal'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles