Academic literature on the topic 'Proceedings in supervisory matters'
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Journal articles on the topic "Proceedings in supervisory matters"
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Stakhov, А. I. "About Some Measures for Autonomization and Optimization of Administrative and Tort Proceedings in the Russian Federation." Rossijskoe pravosudie 3 (February 26, 2021): 13–23. http://dx.doi.org/10.37399/issn2072-909x.2021.3.13-23.
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The article reveals the problems that unite the judicial reform with the reform of the Institute of administrative responsibility and control and Supervisory activities, which are currently being carried out in the Russian Federation in parallel. In this regard, the research focuses on the key connecting element of these reforms, namely: administrative torts detected in the course of control and Supervisory activities. Presents the scientific analysis allows to understand the administrative-procedural content of control and supervision, to justify the separation of this state activities for centralized and decentralized types, to allocate the administrative and disposable administratrative punishable offences entailing the use of complex special administrative coercive measures extrajudicial and judicial administrative and procedural matters to make the conclusion about the necessity of separating judicial and administrative tort cases arising from the Supervisory relationship, among the total number of administrative cases assigned to the jurisdiction of the courts. In strict accordance with the principles and norms of the Constitution of the Russian Federation, autonomy is justified (separation in judicial administrative proceedings) administrative and tort proceedings. The ranking of administrative and tort proceedings on the main and derivative types is carried out, the consolidation is justified) punitive and restorative administrative and tort proceedings. Conducted a comprehensive review of administrative tort proceedings, enshrined in the APC, СAP and Administrative Code. The results of the analysis put forward evidence-based conceptual proposals on optimization of administrative-tort litigation, which can be implemented in the course of the country's judicial reform in conjunction with reform of legislation on administrative offences and regulatory activities.
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Dobkina, K. R. "HISTORICAL AND LEGAL ASPECTS OF BODY STATE BODIES AS PARTICIPANTS IN CIVIL JUDICES." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 8–12. http://dx.doi.org/10.15421/391947.
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The scientific article is devoted to the study of the historical and legal aspects of the formation of the prosecution bodies as participants in civil proceedings. Taking into account the complex analysis, it was determined that Peter I in the Russian Empire was the first state-created supervisory body that represented the prosecution bodies. It was the duty of the Fiscals to secretly report all crimes of non-compliance with bills, bribery, theft from treasury and, in general, all circumstances in national cases in which there is no petitioner. All fiscal reports could be made directly and directly even to the sovereign himself. Carrying out a comprehensive analysis of the subject matter of the study, the author proposed as the first stage of the development of the procedural status of the prosecutor in civil proceedings to allocate the time period from the formation of the prosecutor’s office in 1722 to the provincial reform of 1775. Because, that is when the Institute of Public Prosecutor Supervision emerges and becomes, both in its entirety and in some of its directions, including ensuring the participation of the prosecutor in the civil process. There were objective prerequisites for the appearance of the prosecutor’s office, since the activities of the fiscal service and other officials in the field of state oversight ceased to meet the requirements set by Peter I and ensure the fulfillment of the tasks set. At the same time, the basic principles of building the supervisory bodies that preceded the establishment of the prosecutor’s office, including state guarantees of independence, a wide range of powers, material incentives, were important and were used in the formation of the new supervisory body. As it is established, the duties of the prosecutor in the settlement of civil disputes by the time of the reign of Peter I were limited only to the observation of the activity of court places. The Prosecutor’s Office acted solely as a supervisory authority, mainly in the case management, which was not endowed with any independent procedural powers. However, in the future, the scope of civil prosecutorial powers of the prosecutor was expanded: he was able to attend court sessions, study civil cases, receive necessary documents for supervisory activity, respond to identified violations, including in the interests of rights and interest’s persons. The main areas of activity of the prosecutor in civil proceedings at the first stage of development of his legal status were identified and systematized. They received their legal support and expressed themselves in ensuring the legality and validity of court orders, as well as overseeing the proper and timely consideration of cases in the courts.
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Диваев, Александр Борисович. "Grounds for cancellation and changing by appeal courts judgments related on matters related to with execution of the judgement." Vestnik Kuzbasskogo instituta, no. 1(46) (March 22, 2021): 134–43. http://dx.doi.org/10.53993/2078-3914/2021/1(46)/134-143.
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Представленная статья рассматривает систему оснований отмены и изменения судебных решений, вынесенных по вопросам, связанным с исполнением приговора, судами апелляционной инстанции. В статье отмечается недостаточность нормативного регулирования порядка обжалования этих решений в целом, обосновывается правильный характер решения Верховного суда РФ, допустившего возможность обжалования этих решений в кассационном и надзорном порядке. На основе положений ст. 389.9 и 401 УПК РФ делается вывод о том, что предметом судебного разбирательства в суде апелляционной инстанции могут быть законность и обоснованность судебных постановлений, вынесенных по вопросам, связанным с исполнением приговора, что предопределяет систему оснований их отмены и изменения, включающую в себя три вида таких оснований: фактические, формально-процессуальные и формально-материальные основания. Формулируются предложения по совершенствованию законодательства. The presented article examines the system of grounds for canceling and changing of court decisions issued on issues related to the execution of a sentence by the courts of appeal. The article substantiates there is a lack of normative regulation of the appeal of these decisions as a whole, justified the correct nature of the decision of the Supreme Court, that admitted the possibility to appeal the decisions of cassation and Supervisory procedures. Based on the provisions of Art. 389.9 and 401 of the Code of Criminal Procedure of the Russian Federation, it is concluded that the subject of judicial proceedings in the court of appeal may be the legality and validity of court decisions issued on issues related to the execution of a sentence, which determines the system of grounds for their cancellation and amendment, which includes three types of such grounds: factual, formal-procedural and formal-material grounds. Proposals for improving the legislation are formulated.
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Slezáková, Andrea. "The License To Perform The Activity Of A Finacial Advisor." Studia Commercialia Bratislavensia 12, no. 42 (2019): 256–63. http://dx.doi.org/10.2478/stcb-2019-0022.
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Abstract Financial advisory is a business activity connected with the financial market. Financial advisors grant services to their clients in order to help them to find a proper financial product. Due to this fact and the resposibility that is linked to this kind of entrepreneurship interference from the side of the state is needed. This is given not only by the regulation, but also through supervision of financial advisors performed by the National Bank of Slovakia. The independ central bank is subject intending to start this kind of business meets all the conditions set by law. The license to perform the activity of a financial advisor is an individual administrative act, a decision of the National Bank of Slovakia, issued in the proceeding in supervisory matters pursuant to Part Three of the Act No. 747/2004 Coll. On Financial Market Supervision Amending and Supplementing Certain Acts as amended.
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Smyk, Grzegorz. "Miejsce i rola tzw. urzędów mieszanych w administracji gubernialnej Królestwa Polskiego po powstaniu styczniowym." Studia Iuridica Lublinensia 28, no. 1 (2019): 133. http://dx.doi.org/10.17951/sil.2019.28.1.133-159.
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<p>The Russian model of supervision and control of administration was introduced in the Kingdom of Poland concurrently with the reorganisation of the governorate and district administration after the January Uprising. The supervisory functions were taken over by the newly established bodies of the governorate and district administration of individual sectors of ministerial administration, for which the ministers residing in St. Petersburg were the final decisive body. On the other hand, the abolition of the Council of State of the Kingdom of Poland in 1867 entailed the final liquidation of the administrative justice system based on the French model, which had operated on these lands since the times of the Duchy of Warsaw. Its tasks were taken over by so-called “mixed offices” which filled the resulting gap only partially. Unlike administrative courts, these offices formed an integral part of the governorate administration, and their clerical staff as well as the bureaucratic method of operation compromised their judicial independence. Moreover, the procedure for dispute resolution in these offices had the character of an intra-administrative procedure which did not employ the concept of a party, and its discretionary course excluded the possibility of applying the principles of adversarial process, openness to the public or dispositiveness. The peculiarity of “mixed offices” in the Kingdom of Poland, resulting solely from political reasons, was the reduction of their staffing only to the bureaucratic element and full subordination of their substantive and formal side of the proceedings to the governorate authorities. As a result, the judicial activity of “mixed offices” in administrative matters in the Kingdom of Poland was much more dependent on the current policies of the tsarist authorities represented and supervised directly by the governors than in the interior governorates of the Empire. The combination of these factors with the discretionary rules of intra-ministerial proceedings applied in these offices deprived inhabitants of the Kingdom of Poland of a guarantee of impartial defence of their rights and interests in disputes with the administration that was foreign and distrustful to them.</p>
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von Papp, Konstanze. "Clash of autonomous legal orders: Can EU Member State courts bridge the jurisdictional divide between investment tribunals and the ECJ? A plea for direct referral from investment tribunals." Common Market Law Review 50, Issue 4 (2013): 1039–81. http://dx.doi.org/10.54648/cola2013107.
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Investor-State arbitration based on intra-EU BITs is often seen as a threat to the ECJ's authoritative power of interpretation, because relevant questions of EU law may never reach the ECJ. This, however, is only true if investment treaty arbitration is treated in the same way as commercial arbitration, where arbitral tribunals are not allowed to make preliminary references to the ECJ (see Nordsee and Eco Swiss). This conventional approach, as illustrated by the recent case of Eurekov. Slovak Republic, relies on the supervisory powers of the EU Member State courts in international (commercial) arbitration, focusing on the reviewability of EU public policy. This article argues that the case law of the ECJ could be interpreted in a way that would allow investment tribunals to make direct references for a preliminary ruling. If references from investment tribunals to the ECJ were allowed, as a matter of law, there would be no bypassing of the ECJ and therefore no threat to the EU judicial system. The advantages of the proposed system of direct referral would be that investment tribunals could refer any question of EU law at any stage of the arbitration proceedings. This would enhance the role of EU law and alleviate the risk that any final award eventually proves unenforceable within the EU for breach of EU public policy. This would not only be more efficient but also create legal certainty and better respect investment treaty law and arbitration within the EU.
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Krausz, Moshe, Aharon Bizman, and Itzhak Weiss. "CAUSAL ATTRIBUTIONS FOR TURNOVER B SUPERVISORY AND NON-SUPERVISORY PERSONNEL." Social Behavior and Personality: an international journal 17, no. 1 (1989): 93–101. http://dx.doi.org/10.2224/sbp.1989.17.1.93.
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The present study examined the causal attributions for turnover of employees by supervisory and non-supervisory employees. It was hypothesized that only among non-supervisors but not among supervisors, causes of turnover will be related to the respondents' own job attitudes. One hundred and seven supervisors and 155 non supervisors rated the extent of their agreement which each of the following two reasons for employee turnover: Employees leave because they were dissatisfied with their work. 2. Employees leave because of external causes such as family matters. In addition, participants' attitudes and commitment toward their organization were measured. Contrary to expectations, causal attributions of both supervisory and non-supervisory respondents were found to be related to their job attitudes: Those who were less satisfied tended more to attribute turnover to dissatisfaction of the leaver. The findings were discussed and compared to those of Mowday (1981), and implications for supervisory management in organizations were suggested.
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Pyhältö, Kirsi, Jenna Vekkaila, and Jenni Keskinen. "Fit matters in the supervisory relationship: doctoral students and supervisors perceptions about the supervisory activities." Innovations in Education and Teaching International 52, no. 1 (2015): 4–16. http://dx.doi.org/10.1080/14703297.2014.981836.
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Terekhova, L. A. "Additional procedures in cassation and supervision proceedings of civilistic procedure." Law Enforcement Review 5, no. 4 (2022): 197–208. http://dx.doi.org/10.52468/2542-1514.2021.5(4).197-208.
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The subject of the research is the additional powers of the Chairman of the Supreme Court of the Russian Federation in relation to cassation and supervisory complaints.The purpose of the article is to substantiate the necessity or redundancy of certain additional powers of the Chairman of the Russian Supreme Court taking into account the nature of such powers and the conditions for their application.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts and judicial practice of Russian Supreme Court were used.The main results. Since the transformation of the three-tier supervisory proceedings into a system of two cassation and one supervisory instance, as well as the liquidation of the Supreme Arbitration Court, the powers of the Chairman of the Supreme Court of the Russian Federation have spread to a fairly wide range of relations that allow influencing the movement of the case in the cassation and supervisory instance, and on itself initiation of a case in a supervisory instance. Moreover, such activities are far from always regulated by the norms of the law.The Chairman of the Supreme Court of the Russian Federation (or his deputy) currently has leverage over the possibility of considering a case in the cassation instance of the Supreme Court of the Russian Federation (Judicial Collegium of the Supreme Court) and in the supervisory instance (Presidium of the Supreme Court). These possibilities are called control and substitute in the article. Control powers should include: 1) regulation of key deadlines in cassation and supervisory proceedings; 2) interference in the procedure for filtering complaints. The procedure and conditions for the use of these powers are not regulated in the procedural codes. Having such powers in relation to procedural terms, the President of the Supreme Court actually influences the very possibility of initiating a case in a court of cassation or supervisory instance, as well as the duration (and, accordingly, the quality) of the examination of the complaint. The intervention of the Chairman of the Supreme Court of the Russian Federation in the procedure for filtering complaints has a clearly pronounced discretionary nature, moreover, it is selective. It would not be superfluous to point out that such as "order" in itself creates conditions for its abuse both by the participants in the case and by the courts. The substitute authority is the right of the Chairman of the Supreme Court to initiate supervisory proceedings on his own initiative, contrary to the basic rule of civil proceedings based on the principle of discretion (the case is initiated by the person whose rights have been violated). Supervisory proceedings are currently intended to appeal against judicial acts adopted by the Supreme Court of the Russian Federation itself when considering cases in the first, appeal and cassation instances. However, among the objects of appeal there are also acts of the Judicial Collegium of the Supreme Court, applications to which are possible with complaints against acts of any lower courts, with some restrictions on the decisions of justices of the peace (Article 390.4 of the Civil Procedure Code; Article 291.1 of the Arbitration Procedure Court). In this regard, the supervisory authority must continue to be viewed as the final link in the system of reviewing judicial acts. However, the system for reviewing judicial acts is very contradictory. On the one hand, there are a number of strict rules that cut off certain types of judicial acts from appeal; filtering complaints in the second cassation and supervision; establishing special rules for the jurisdiction of complaints. On the other hand, it is possible not to comply with these strict rules and directly contact the Chairman of the Supreme Court of the Russian Federation.This extraordinary power of the Chairman of the Supreme Court of the Russian Federation has been preserved, precisely because the Russian legislator firmly and consistently adheres to the conviction that it is necessary to leave at least one official who is not a party to the case the right to initiate an audit of a judicial act.Conclusions. The extraordinary powers of the Chairman of the Supreme Court are of an extra-procedural nature, at best they are based on the rules of record keeping (instead of the law), are selective and opaque.
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Erbiana, Nyi Mas Gianti Bingah. "EFFECTIVENES OF THE ROLE OF BOARD OF COMMISSIONER IN PREVENTING CORPORATE SCANDAL: CASE STUDY OF PT MERPATI NUSANTARA AIRLINES." DE RECHTSSTAAT 4, no. 1 (2018): 29–36. http://dx.doi.org/10.30997/jhd.v4i1.1236.
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Corporate scandal resulted from bad consideration and weak analysis to create management decision in running company’s business. This paper discusses the supervisory role and function of supervisory board which is begun with the establishment of corporate supervisory function system from two corporate supervisory system in the world: Two-Tier Baord and One-Tier Board. In addition, this paper also explains connection between such supervisory function with the corporate scandal of PT Merpati Nusantara Airlines. Moreover, this paper examines related matters related to significant distinctions between response towards the corporate scandal based on the corporate management supervision. In conclusion, this paper addresses what can we learn from the corporate scandal of PT Merpati Nusantara Airlines and also whether supervision model by board of commissioners are still relevant to control the performance of the company.
Dissertations / Theses on the topic "Proceedings in supervisory matters"
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Brand, Robert Christian. "The King Commission live : an examination of the legal and ethical considerations involved in broadcasts of judicial proceedings." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52545.
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Thesis (MA)--University of Stellenbosch, 2001.<br>ENGLISH ABSTRACT: The controversy around the broadcasting of court proceedings has reigned in the United
States since the 1950s, reaching a peak with the trial of O.J. Simpson, widely interpreted
as an example of the destructive effect of a "media circus" on the administration of
justice. In many other U.S. courtrooms, however, television and radio journalists do their
work unobtrusively, professionally and to the benefit of their viewers and listeners. The
King Commission of Inquiry into allegations of match-fixing in cricket gave South Africa
its first experience of television and radio coverage of judicial proceedings, and lay the
basis for a more liberal approach to electronic coverage of courts. The Constitution
protects freedom of expression, including the freedom to receive and impart information.
This has been interpreted by the High Court as conferring on radio journalists the
freedom to record and broadcast the King Commission's proceedings. It is argued in this
study that the High Court's reasoning could be applied with equal force to television, and
to coverage of the courts. It is suggested a trial period of electronic coverage of courts,
under clear guidelines for journalists and legal practitioners, may provide greater clarity
on the desirability of allowing electronic coverage of courts on a permanent basis.<br>AFRIKAANSE OPSOMMING: Die netelige vraagstuk rondom die uitsaai van hofverrigtinge het alreeds in the
vyftigerjare van die vorige eeu in die Verenigde State ontstaan. Die vervolging van O.J.
Simpson was 'n hoogtepunt in die debat. Dié saak word gereeld voorgehou as 'n
voorbeeld van die nadelige effek wat 'n "mediasirkus" op die regsproses kan uitoefen.
Maar in baie ander Amerikaanse howe doen radio- en televisiejoernaliste hulle werk
sonder steurnis, professioneel, en ten voordeel van hul luisteraars and kykers. The
Kingkommissie van Ondersoek na beweringe van oneerlikheid in krieket was Suid-Afrika
se eerste ervaring van elektroniese dekking van 'n regterlike proses, and kan moontlik
die basis vorm vir 'n meer liberale benadering tot elektroniese dekking van howe. Die
Grondwet waarborg vryheid van uitdrukking, insluitende die vryheid om inligting uit te
stuur en te ontvang. Die Hooggeregshof het onlangs beslis hierdie vryheid beteken
radiojoernaliste mag die verrigtinge van die Kingkommissie opneem en uitsaai. In hierdie
studie word geargumenteer dat die Hooggeregshof se beslissing ook van toepassing
kan wees op televisie, en op hofverrigtinge. Daar word voor die hand gedoen dat Suid-
Afrikaanse howe vir 'n proeftydperk elekroniese dekking van hofverrigtinge toelaat, met
streng reëls vir joernaliste en regspraktisyns. So 'n proefneming kan dalk groter
duidelikheid verskaf oor die voor- en nadele van televisie- en radiodekking van howe op
'n permanente basis.
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Grossi, Viviane Ceolin Dallasta Del. "A defesa na cooperação jurídica internacional penal." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2140/tde-23032015-141744/.
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O presente estudo tem por escopo principal verificar a aplicabilidade do princípio da paridade de armas na cooperação jurídica internacional penal. Em face dessa premissa, analisam-se os regramentos nacionais e internacionais que devem ser levados em consideração pelos Estados que se intitulam Democráticos e, sobretudo, de Direito, a fim de assegurar uma persecução penal equânime, sob a ótica dos princípios do contraditório, da ampla defesa e da igualdade processual entre acusação e defesa. Para tanto, realizou-se um levantamento bibliográfico, a partir do qual se buscou elidir visão reducionista da cooperação jurídica internacional, no sentido de que não se olvide que no outro lado da missão punitiva do Estado encontra-se uma pessoa, com inúmeras garantias e direitos historicamente assegurados. No primeiro capítulo, aborda-se a cooperação jurídica internacional sob três aspectos: histórico, principiológico e analítico-descritivo. No segundo capítulo, estudam-se os princípios e garantias inerentes ao devido processo legal, os quais não podem ser suprimidos, sobretudo em âmbito internacional, por se tratar de direitos humanos consagrados. O terceiro capítulo aborda a instrumentalidade decorrente do cabedal teórico construído nos capítulos anteriores. Assim, a produção da prova em processos penais transnacionais é analisada sob o viés da cooperação jurídica internacional, passando-se pelo mecanismo do auxílio direto fundamentado em acordos bilaterais e pelas tentativas de equilibrar o sistema dentre outras, a possibilidade de se utilizar essa modalidade na cooperação internacional penal para a produção de prova em prol da defesa , para então se propor que a Defensoria Pública da União possa atuar a fim de promover o acesso internacional à justiça e a efetiva equalização do regime cooperacional. Por fim, reputa-se que o futuro da cooperação jurídica penal internacional está em se disponibilizar à defesa os mesmos mecanismos disponíveis à acusação, em plena e devida igualdade, haja vista não existir valor maior a ser respeitado do que a dignidade da pessoa humana.<br>The presente work has as main scope to verify the applicability of the equality of arms in international legal assistance in criminal matters. Given this premise, it attempts to analyze international and national specific regulations that must be taken into consideration by the states that call themselves democratic and, above all, of law, in order to ensure an equitable criminal prosecution, from the perspective of the principles of adversary proceeding, full right to defense and the equality of arms. Therefore, we carried out a literature review, from which it was sought to elide reductionist view of international legal assistance, in the sense that we cannot forget that, on the other side of the punitive function of the State, there is a person with numerous safeguards and rights provided historically. The first chapter deals with the international legal assistance in three aspects: historical, applicable principles and analytical-descriptive. In the second chapter, we study the principles and guarantees inherent to the due process of law, which can not be suppressed, because it is enshrined human rights. The third chapter addresses the instrumentality derived from the theoretical leather built in previous chapters. Thus, the production of evidence in transnational criminal proceedings is examined under the bias of international legal assistance, going up by the reasoned direct assistance mechanism of bilateral agreements and by attempts to balance the system, among others, the possibility of using this modality in international criminal cooperation for the production of evidence for the defense, and then propose that the Public Defense can act to promote international access to justice and the effective equalization of cooperacional regime. Finally, it believes that the future of international legal assistance in criminal matters is to make available to the defense the same mechanisms available to the charge, in full and due equal rights, because there is no greater value to be respected than the dignity of the human person.
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Queguiner, Jean-Sébastien. "Qualification et détermination de la compétence spéciale : l'exemple de la matière contractuelle." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30030.
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Le droit international privé de l’Union européenne se réapproprie le problème de la qualification. Non content d’en altérer fondamentalement la configuration, il en réoriente laborieusement la résolution. Or, la qualité du système tout entier, sa stabilité à un instant t, de même que sa capacité à se développer, à s’ouvrir et à se déployer sur le monde extérieur, sont placées dans l’étroite dépendance de l’efficacité de la qualification ; efficacité qui se mesure à l’aune de l’analyse méthodologique de l’opération, comme de la cohérence des résultats auxquels elle conduit. Et si à ce titre le système déçoit aujourd’hui, il est néanmoins tout aussi possible que souhaitable de le refonder rationnellement. Qui peut le plus peut le moins… Exemple sera donc pris de la matière contractuelle, soumise à la règle la plus complexe qui soit, la plus sujette à polémiques aussi, afin d’ouvrir la voie à davantage de cohérence.La reconfiguration du problème de qualification, ayant sa source dans la rupture imposée par le droit de l’Union entre la législation matérielle et la législation conflictuelle, en accentue naturellement la complexité. Curieusement, la construction jurisprudentielle multiplie sans raison les difficultés, imposant deux nouvelles ruptures, entre l’interprétation de la catégorie érigée au fondement de la compétence et l’interprétation du facteur de rattachement d’une part, entre l’opération de qualification et l’opération de coordination des compétences concurrentes d’autre part. La refondation du système de qualification suppose ainsi la combinaison harmonieuse de ce que la jurisprudence a dispersé, qualification, rattachement et coordination concourant conjointement à la détermination de la compétence spéciale, la cohérence des résultats de la qualification déterminant le choix des orientations méthodologiques de l’opération. Dans cette perspective simplificatrice, parce que la complexité des réponses juridiques ne se conçoit que lorsqu’elle reflète adéquatement et efficacement la complexité des questions, il apparaît naturel de confier à l’opération de qualification les moyens de prévenir les difficultés que ne manque pas de susciter sa pratique purement analytique, cause naturelle d’un dépeçage des situations entraînant à son tour une dispersion excessive du contentieux. Appuyé au contraire sur une opération de qualification à visée préventive, et recourant à des catégories plus synthétiques aux contours flexibles, le système de détermination de la compétence spéciale en matière contractuelle gagnerait en simplicité, en efficacité, en adaptabilité, et il pourrait peut-être être envisagé, enfin, de donner une dimension mondiale à ce qui fonctionnerait à l’échelle régionale<br>Formally disassociating the sources of material and conflict legislation, European Private International law alters the classical problem of characterisation, resolution of which cannot be borrowed from BARTIN or RABEL theories any longer. Yet, the quality of the whole system, its stability at a given moment, as well as its capacity to develop and to deploy on the outside world, are placed in the narrow dependence of the efficiency of the characterisation process. Analysing this efficiency calls for an examination of the theoretical and methodological implications, as well as of the consistency of the achieved results. On both grounds, the current system of characterisation is undoubtedly disappointing, and should be reconsidered rationally. In this perspective, attention will be focused on “matters relating to contract”, submitted to the more complex and criticized rule of the Brussels I regulation. The importation of a conflict of laws issue within a conflict of jurisdiction reasoning (De Bloos/Tessili) constitutes a terrible factor of complexity, interpretation of the conflict category belonging to the European legal order while the interpretation of the connecting factor is abandoned to the national legal order. As a consequence, the reasons behind the choice of a specific connecting factor simply cannot impact the characterisation process, as the exclusion of all claims formed by third parties from the scope of article 5-1° illustrates (Handte). Moreover, complexity and heterogeneity of situations seem to radically oppose the exercise of adjudicatory authority by a unique jurisdiction other than that of the defendant’s domicile. In such a context, conflicts of litigations are more than frequent and are not always dealt with in a consistent manner. Gubisch, for instance, coerces the very thing Shenavai and Leathertex prohibit, i.e. the exercise of adjudicatory authority by the first judge seized, be it the judge of a secondary obligation. Kalfelis drastically opposes consolidation of parallel proceedings in the event a litigation implies claims founded on different grounds. Observation can thus be made that the Brussels I system currently separates three intellectual operations; characterisation, location of the connecting factor, and coordination of concurring jurisdictions are insulated from each other. Yet, those three operations not only chronologically follow one another, but also functionally pursue the same objective, and characterisation could, and should be provided with the means to anticipate the following difficulties. In this perspective, it is suggested that the dispersive consequences of every conceivable characterisation should constitute the very cause of the definitive and centralising characterisation. In other words, the results’ consistency, as well as the cohesion of the heterogeneous components of the claim should dictate methodological choices. It appears, in turn, that departing from the dogmatic attachment to actor sequitur and prior tempore would enable a well functioning regional system to deploy rationally on worldwide scale
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Cheng, Yung-Hsin, and 鄭咏欣. "The Application of Procedural Theories in Family Matters of Non-contentious Jurisdiction: Focusing on the Proceedings in Matters Concerning Maintenance for a Minor Child." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/gg4vzn.
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Juan, Wei-fang, and 阮維芳. "A Study of the International Parallel Proceedings in Civil and Commercial Matters: Lis Pendens and Forum Non Conveniens." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/33899860803757753831.
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碩士<br>國立中正大學<br>法律所<br>95<br>Every country establishes the international jurisdiction under different standards or rules of jurisdiction, as there is no definite criterion to judge about the international jurisdiction to adjudicate in civil and commercial maters. Furthermore, every country usually extends its international jurisdiction as far as possible. The international parallel proceedings exists inevitably result of the jurisdiction active conflict.
In order to achieve litigants’ substantial rights, promote the procedure efficiency and realize a goal to avoid conflicts between the decisions which might result from the international parallel proceedings, solving the questions about parallel proceedings becomes one of the principle problems of international civil procedure.
Since the substantial differences in the institution of proceedings and legal systems between civil-law and common-law countries, there are dissimilar type of mechanisms in the international parallel proceedings. The former advances the rule of lis pendens, that is to say, the rule of priority for a first-seised court ; the latter develops the doctrine of forum non conveniens that permits a court to decline to exercise judicial jurisdiction if an alternative forum would be substantially more convenient or appropriate.
Article 182.2 of Taiwan’s Code of Civil Procedure was amended on 25 June 2003, which provides: "In cases where a party has initiated an action with regard to a subject matter for which an action is pending in a foreign court, if reasons exist for the court reasonably to believe that the foreign court''s judgment on the action may be recognized in the R.O.C., and it is not substantially inconvenient for the defendant to litigate in such foreign country, then the court by a ruling may stay the proceeding until the entry of a final and binding judgment on the action in that foreign country, except where the parties have otherwise consented to have the subject matter adjudicated by the R.O.C. court. Before deciding on the ruling provided in the preceding paragraph, the court shall accord the parties an opportunity to be heard. " To prevent parallel proceedings before the courts of different countries and reduce the risk of irreconcilable decisions, the provision borrowed from the rule of lis pendens.
As regards the problems of international jurisdiction active conflict, though not yet adopted in the existing law of Taiwan, the doctrine of forum non conveniens has been repeatedly applied by Taiwan courts.
As a beginning, this thesis will survey the doctrine of lis pendens and forum non conveniens from the practice in the European Union and the United States. Then, it will observe the regulation and practice of the problems of international parallel proceedings in Taiwan; attempts to examine further the applicability of the doctrine of lis pendens and forum non conveniens. Finally, the author proposed some suggestions based on the analysis of some cases of the European Court and U.S. courts.
Key Words: International Civil Litigations, International Jurisdiction, International Parallel Proceedings, International Jurisdiction Active Conflict, Lis Pendens, Forum Non Conveniens, Brussels Convention, Brussels Regulation Ⅰ, Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters.
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LIN, SHU HSING, and 林淑幸. "Influences on Key Audit Matters (KAM) among Banking Sectors after Major Sanction from Financial Supervisory Commission R. O. C (Taiwan)." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/6kd4k5.
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碩士<br>國立中正大學<br>會計與資訊碩士在職專班<br>107<br>Background
The banking sectors were highly management and supervising by competent authority at all times, therefor the aims of major sanctions were more rigorous for operating related work, improving internal control system and regulation compliance among bank sectors. Although the financial statements are managements responsibility, yet when financial statements are finalized, it must contain an evaluation and communication from a licensed accountant or third party auditor. Because of auditor’s reports that increased the public’s confidence in both the key role for audit processes itself and financial statements of companies. As the new audit reports were applied, licensed accountants faced many challenges and be required to explore more additional information to enhance the transparency of the financial report and non-financial information. Investors and stakeholders will gain important judgment matters of companies through auditor report and KAM report.
Purpose
This study was to explore the correlations in number, type, penalty of sanctions and KAM for banking sectors after major sanctions from Financial Supervisory Commission R. O. C (Taiwan).
Research design and methods
This was a retrospective information review study conducted to evaluate the correlation between administrative sanctions and key audit matters. Thirty-seven banks participated in the study. In the first step, Researcher used a detailed content analysis of professional audit literature to explore the KAM and administrative sanctions from Financial Supervisory Commission R. O. C (Taiwan). Second, logistic regression was used to assess correlations between sanctions and KAM.
Results
The results showed there were no statistically significant differences between banking sectors accepted number, type, penalty of sanctions from Financial Supervisory Commission R. O. C (Taiwan) and total words and items of KAM.
Conclusion
Even the study showed no significance between sanctions and KAM words and items. Banks will need to disclose key and significant transactions that occurred on the audit. All mangers of banks should base on fairness principle to try effort increasing transparency of reporting and to assist the stakeholders and investors with well understanding the audited annual financial statements.
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Tibitanzlová, Alena. "Odklony v trestním řízení." Doctoral thesis, 2018. http://www.nusl.cz/ntk/nusl-389179.
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This dissertation provides a comprehensive account of diversions in the criminal proceedings, which constitute an important part of the modern criminal process. The introduction of the dissertation deals with the reasons for introducing of alternative ways of dealing with criminal matters into Czech criminal law and its current taxonomy. This is followed by a broad description of the development of the term "diversion" in the criminal proceedings and the current understanding of this term in Czech law (where is a plurality of opinion in this respect). In connection therewith, the author presents her opinion on the elements of a diversion, and subsequently questions, whether several instruments used in the criminal proceedings should be categorized as a diversion. The aforementioned is followed by a theoretical treatise on the international initiatives in the area of diversions in the criminal proceedings, after which the most significant milestones in the genesis of the various forms of diversion in Czech criminal proceedings are already mentioned; at the same time the constitutional and international limitations connected with these institutes are discussed. The thesis also deals in detail with the very nature and purpose of diversions in the criminal proceedings. The second part of the thesis is...
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Schleiffer, Marais Prisca Christina Leonie. "Cross-border taking of evidence in civil and commercial matters in Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda." Thesis, 2013. http://hdl.handle.net/10500/10205.
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The thesis investigates the extent to which cross-border taking of evidence in civil and com-mercial matters in relation to Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda is allowed. Such evidence-taking is not only governed by the domestic law of the state seeking evidence abroad and that of the state where the relevant means of proof are located, but also by public international law, and more specifically by the concept of sovereignty. The ad-missibility of the cross-border taking of evidence under public international law depends on whether or not evidence-gathering in civil litigation is regarded as a judicial act, which violates sovereignty when performed on foreign territory, or as a purely private act. In the first case, the evidentiary material has to be obtained through channels of international judicial assistance. Such assistance can either be rendered based on the basis of an international treaty, or through courtoisie internationale. No international judicial assistance is necessary in cases of a so-called “transfer of foreign evidence”, provided no compulsion is applied which infringes the sovereignty of the foreign state.
The thesis analyses the taking of evidence abroad based on the Hague Evidence Convention, and the Hague Procedure Convention. It further expounds how evidence located in Switzer-land, Botswana, Namibia, Nigeria, and Uganda can be obtained for the benefit of civil proceed-ings pending abroad in the absence of any relevant international treaty. The thesis also exam-ines under what conditions a litigant in civil proceedings in the aforementioned countries may request evidence to be taken on foreign soil. The position of cross-border taking of evidence in civil and commercial matters in the said countries is assessed, and suggestions are made on how such status quo may be improved. The thesis makes an attempt to establish the basic prin-ciples for a convention on evidence-taking in civil and commercial matters between South Af-rica, Botswana, Namibia, Nigeria, and Uganda. The development of such principles, however, is only possible once the similarities and differences in the procedure for the taking of evidence and the means of proof in the relevant laws of the aforesaid countries have been identified.<br>Public, Constitutional, & International<br>LL.D.
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Zuluaga, Taborda John Edison. "Der richterliche Rechtsschutz im Rahmen der Rechtmäßigkeitskontrolle bei Grundrechtseingriffen." Doctoral thesis, 2017. http://hdl.handle.net/11858/00-1735-0000-0023-3F46-B.
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El tratamiento dogmático procesal penal y la doctrina jurisprudencial acerca de los motivos fundados en Colombia explican de manera deficiente aspectos tan esenciales como la finalidad, necesidad de concreción, precisión y determinación de los mismos. Las falencias en el tratamiento sistemático procesal y jurisprudencial de la exigencia de motivación a las injerencias en derechos fundamentales durante la fase de investigación penal encauzan importantes restricciones a la capacidad de verificación judicial de las razones que fundamentan las diligencias de investigación. Por un lado, conllevan a un reducido potencial de control de los motivos fundados, asunto que también le es inherente a dicho concepto como noción jurídica indeterminada. Por otro lado, favorecen la subrogación de las competencias del Juez con función de control de garantías, asunto propiciado, además, por la relativización del principio de reserva judicial y por deficiencias estructurales vinculadas a los presupues-tos y metodología del control de actos de investigación.
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Plisková, Hana. "Ochrana práv ve veřejné správě." Doctoral thesis, 2016. http://www.nusl.cz/ntk/nusl-354359.
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1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
Books on the topic "Proceedings in supervisory matters"
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National Workshop on supervisory Development (1990 Manila, Philippines). Supervisory development: Philippine experiences : proceedings of the National Workshop on Supervisory Development, 28-29 March 1990, Metro Manila. The Council, 1990.
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Conference, Geographical Association. Primary geography matters: Conference proceedings 18th April 1990. Geographical Association, 1990.
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Steven, Reynolds, ed. Arrears proceedings and related matters in the Magistrates' Court. B. Rose, 1985.
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Policing Research Institute (1996 Washington, D.C.). Measuring what matters: Proceedings from the Policing Research Institute Meetings. National Institute of Justice, 1999.
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Policing Research Institute (1996 Washington, D.C.). Measuring what matters: Proceedings from the Policing Research Institute Meetings. National Institute of Justice, 1999.
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Institute, Policing Research. Measuring what matters: Proceedings from the Policing Research Institute meetings. U.S. Dept. of Justice, Office of Justice Programs, National Institute of Justice, 1999.
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Commission, Scottish Law. Criminal evidence: Affidavit evidence, hearsay and related matters in criminal proceedings. Scottish Law Commission, 1988.
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Commission, Scottish Law. Criminal evidence: Affidavit evidence, hearsay and related matters in criminal proceedings. H.M.S.O., 1988.
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Evidence: Report on corroboration, hearsay and related matters in civil proceedings. H.M.S.O., 1986.
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Statutory, judicial and administrative stays in immigration matters. Carswell, 2010.
Find full textBook chapters on the topic "Proceedings in supervisory matters"
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Campana, C., and D. Shetty. "Autonomous Machining Center Using Intelligent Supervisory Strategy." In Proceedings of the Thirty-Second International Matador Conference. Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14620-8_30.
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Fogal, T., and J. Krüger. "Size Matters - Revealing Small Scale Structures in Large Datasets." In IFMBE Proceedings. Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-03895-2_13.
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Yin-yuan, Ma, Lei Bin, and Jiang Zhao-yuan. "Communication Software for Supervisory Control System Based on the CIP." In 2011 International Conference in Electrics, Communication and Automatic Control Proceedings. Springer New York, 2011. http://dx.doi.org/10.1007/978-1-4419-8849-2_160.
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Berger, Theo. "Value-at-Risk Forecasts Based on Decomposed Return Series: The Short Run Matters." In Operations Research Proceedings. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-42902-1_68.
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Aldous, David J. "When Knowing Early Matters: Gossip, Percolation and Nash Equilibria." In Springer Proceedings in Mathematics & Statistics. Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-33549-5_1.
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Qian, Yu, and Armistead G. Russell. "Characteristics and Source Contribution of Particulate Matters Acidity in City of Atlanta." In Springer Proceedings in Complexity. Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-22055-6_67.
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Hotori, Eiji, Mikael Wendschlag, and Thibaud Giddey. "The UK: Financial Globalization and Formalization of Banking Supervision." In Formalization of Banking Supervision. Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-6783-1_9.
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AbstractAmong the developed economies, the UK was the latest to formalize banking supervision as we define it in this book. The process began in the mid-1970s following the fringe bank crisis and the simultaneous beginning of international cooperation on banking regulation matters in the Basel Committee on Banking Supervision. The crisis led to the reforms of both the Banking Act and the Bank of England Act in 1979—the Bank of England was assigned its first formal duties and responsibilities for banking supervision, and the commercial banks had to meet bank-specific requirements instead of the general corporate law. However, given the reluctance of the Bank of England to conduct banking supervisory activities as well as the Bank’s behavior to stick with the conventional informal “governor's eyebrow,” we deem the formalization process ongoing until the reforms of 1987. The Banking Act 1987 clarified the Bank of England's responsibilities and mandate regarding banking supervision, and the Board of Banking Supervision was established as a permanent formal organization to monitor and council the Bank of England on supervisory matters. The UK is an interesting case where the banking supervision remained informal until quite recently—compared to other countries. The formalization process can be explained by the crisis and the international push for harmonized banking regulation.
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Segovia Ramirez, Isaac, and Fausto Pedro Garcia Marquez. "Supervisory Control and Data Acquisition Analysis for Wind Turbine Maintenance Management." In Proceedings of the Fourteenth International Conference on Management Science and Engineering Management. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-49829-0_35.
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Burgess, Richard H. "Protection of Confidential Business Information in Judicial Proceedings." In Treaty Enforcement and International Cooperation in Criminal Matters. T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-695-4_67.
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Menéndez-Blanco, María, and Antonella De Angeli. "“Matters of Concern” as Design Opportunities." In COOP 2016: Proceedings of the 12th International Conference on the Design of Cooperative Systems, 23-27 May 2016, Trento, Italy. Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-33464-6_17.
Full textConference papers on the topic "Proceedings in supervisory matters"
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Hengeveld, Bart. "Artefact Matters." In European Academy of Design Conference Proceedings 2015. Sheffield Hallam University, 2016. http://dx.doi.org/10.7190/ead/2015/61.
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Greene, B., J. Louis, K. S. Narain, and S. Randibar-Daemi. "Superstrings and Related Matters." In Proceedings of the 1999 Spring Workshop. WORLD SCIENTIFIC, 2000. http://dx.doi.org/10.1142/9789814525961.
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Misevic, Dusan, Antoine Frenoy, Ariel B. Lindner, and Franois Taddei. "Shape matters in cooperation." In Proceedings of the Artificial Life Conference 2016. MIT Press, 2016. http://dx.doi.org/10.7551/978-0-262-33936-0-ch057.
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BIHAN, SOAZIG LE. "HOW UNDERSTANDING MATTERS — OR NOT." In Proceedings of the Young Quantum Meetings. WORLD SCIENTIFIC, 2014. http://dx.doi.org/10.1142/9789814596299_0007.
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Maravić, Ljiljana, Veljko Dmitrović, and Tijana Obradović. "Why Nonfinancial Reporting Matters?" In Proceedings of the 5th IPMA SENET Project Management Conference (SENET 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/senet-19.2019.27.
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SENTHIL, T. "QUANTUM MATTERS: PHYSICS BEYOND LANDAU'S PARADIGMS." In Proceedings of the 12th International Conference. WORLD SCIENTIFIC, 2006. http://dx.doi.org/10.1142/9789812772893_0006.
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Harvey, Inman. "Social Systems and Ecosystems: History Matters." In Proceedings of the Artificial Life Conference 2016. MIT Press, 2016. http://dx.doi.org/10.7551/978-0-262-33936-0-ch069.
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Imre, Attila R., Alka B. Garg, R. Mittal, and R. Mukhopadhyay. "Condensed Matters Under Negative Pressure." In SOLID STATE PHYSICS, PROCEEDINGS OF THE 55TH DAE SOLID STATE PHYSICS SYMPOSIUM 2010. AIP, 2011. http://dx.doi.org/10.1063/1.3605733.
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Osterlund, C. S. "Combining Genres: How Practice Matters." In Proceedings of the 39th Annual Hawaii International Conference on System Sciences (HICSS'06). IEEE, 2006. http://dx.doi.org/10.1109/hicss.2006.88.
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Adler, Jill. "Professional Knowledge Matters in Mathematics Teaching." In Proceedings of the International Congress of Mathematicians 2010 (ICM 2010). Published by Hindustan Book Agency (HBA), India. WSPC Distribute for All Markets Except in India, 2011. http://dx.doi.org/10.1142/9789814324359_0186.
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