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Journal articles on the topic 'Professional legal awareness of judges'
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1
Базарник, М. В. "СУЧАСНИЙ СТАН ДОСЛІДЖЕНЬ ПРОФЕСІЙНОЇ ПРАВОСВІДОМОСТІ СУДДІ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 29 (30 червня 2021): 344–50. https://doi.org/10.5281/zenodo.6467103.
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The formation and development of legal awareness is a complex interdisciplinary problem. Its relevance lies in the constant need to cultivate legal culture and maintain law and order in the state, which is the key to preventing legal nihilism, crime, illegal dispute resolution, and the deployment of counter-democratic processes. An adequate level of legal awareness of citizens is the basis of sustainable development, ie, it is possible to predict ways to achieve better living conditions for future generations. The number of studies on the judge's legal awareness is limited. This is primarily due to the difficulty of differentiating the general, official legal awareness and legal awareness of an employee with a special status - the bearer of judicial power, which is a judge. The formation of a theoretical and conceptual basis for future study of the problem of legal awareness of judges, ways of its formation, development, and strengthening requires retrospective study of existing developments to identify strengths and weaknesses, limited research aspects of legal awareness, and areas of further study. The purpose of this article is to explore the current state and prospects for the development of the concept of professional legal awareness of judges. The study gave grounds to draw the following conclusions. First, the concept of professional legal awareness of judges is currently at a stage of active development due to the high social significance of the judicial profession, and on the other - the interest of society and scientists in developing new, more effective ways to evolve and prevent possible distortions. Secondly, it should be recognized that in-depth systematic studies of the professional legal awareness of judges, taking into account the current state of the legal framework and the realities of the judiciary, are virtually absent. Third, it should be emphasized that most researchers emphasize the theoretical content of the concept of professional legal awareness, its structure as a personal, social and legal phenomenon. Instead, the number of empirical investigations in this area is extremely limited.
2
Базарник, М. В. "ПЕРСПЕКТИВИ АДАПТАЦІЇ СИСТЕМИ РОЗВИТКУ ПРОФЕСІЙНОЇ ПРАВОСВІДОМОСТІ СУДДІ ДО ВИМОГ ЄВРОПЕЙСЬКИХ СТАНДАРТІВ СУДОУСТРОЮ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 33 (30 червня 2022): 88–95. https://doi.org/10.5281/zenodo.7081616.
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The goal of integrating European standards into the domestic legal field and the practice of functioning of judicial authorities is to ensure Ukraine's approach to European integration. It should be noted that an independent judiciary, staffed with high-quality and honest judicial personnel, is not conditioned by the need for European integration – it is conditioned by national interests, social needs and the need of every person for a fair trial and judicial protection of the rights and freedoms of a person and a citizen. However, in the current conditions, achieving a high quality of organizational and legal support for the functioning of the judiciary is also a key condition for European integration. The article is devoted to the generalization of the prospects of adapting the system of development of professional legal awareness of judges to the requirements of European standards of the judicial system. The need to study the phenomenon of legal awareness through the prism of its representation in European standards of the judicial system is emphasized. It is proposed to consider the system of formation, improvement and monitoring of professional legal awareness of judges as the central object of reforms. For each of the directions, an analysis of European standards was carried out, and recommendations related to the development of the professional legal awareness of the judge were formed. As a result of the conducted research, we justified the feasibility of developing a secondary mechanism for assessing the level of professional legal awareness of a judge, which is based on the processing of information received by the bodies of the justice system in the exercise of their powers with the aim of identifying risks and threats in the profiles of individual judges, as well as establishing directions for the development of professional legal awareness in connection with the change in the circumstances of the functioning of the judiciary.
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Базарник, М. В. "МЕТОДИЧНІ АСПЕКТИ СИСТЕМАТИЗАЦІЇ СТРУКТУРИ І ДИНАМІКИ ПРАВОСВІДОМОСТІ СУДДІ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 31 (30 грудня 2021): 146–52. https://doi.org/10.5281/zenodo.7084964.
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In the conditions of the ambiguity of the conceptual and categorical apparatus and the limited number of doctrinal investigations of the professional legal awareness of judges, the question of the method of legal awareness arises. The availability of the appropriate theoretical tools is an indispensable condition for the development of the doctrine of the professional legal awareness of a judge, a fundamental determinant of the development of the organizational and legal mechanism of its development in light of European integration processes. The purpose of this article is to characterize the methodical aspects of the systematization of the structure and dynamics of the judge's legal awareness. It is emphasized that traditionally in the theory and philosophy of law in the structure of legal consciousness, scientists single out two components - legal ideology and legal psychology. It is emphasized that the vast majority of previously analyzed studies are theoretical in nature, while empirical investigations are practically not conducted, which is connected with the opposition of mass and individual, objective and subjective. It is proposed to clearly distinguish three levels of legal awareness - social, professional and personal, and their interdependence and interdependence in statics and dynamics are emphasized. It is emphasized that, in general, at all levels, the structure of legal consciousness is reflected, which includes legal ideology, psychology and behavior, as well as additional elements - subjects of formation and development, legal nihilism and the influence of the foreign policy vector of state policy. It has been established that professional legal awareness is a superstructure on individual legal awareness because usually, a formed personality acquires a certain profession. The validity of this statement is proven if we consider the stages of personality development on the way to being appointed to the position of a judge, which includes, in particular, the presence of an age limit. At a certain stage, showing its dynamic nature, individual legal awareness is transformed under the influence of an external factor - the translation of the idea of legal awareness, formed on the basis of social awareness and reflecting public expectations of a person's professional legal awareness. Along with this, from the side of the person's environment, there is a transmission of corporate values, which are included in the idea of professional legal awareness. Ultimately, the person's acceptance of external expectations leads to the emergence and further development of professional legal awareness.
4
Базарник, М. В. "КОНЦЕПТУАЛЬНІ ПЕРЕДУМОВИ ТЛУМАЧЕННЯ ПОНЯТТЯ «ПРОФЕСІЙНА ПРАВОСВІДОМІСТЬ СУДДІ»". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 30 (30 вересня 2021): 254–60. https://doi.org/10.5281/zenodo.7081374.
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The formation of scientifically based principles and measures for developing the judge's legal awareness should be based on a clear conceptual and categorical apparatus. As we previously discovered during the study of the doctrinal foundations of the development of a judge's professional legal awareness, the key problem at the moment is the lack of a single agreed definition of the concept of a judge's professional legal awareness. To a certain extent, this situation is connected with the lack of clarity on the content of this concept from the norms of judicial law. The article examines the current state of development of the concept of legal awareness in legal research. The shortcomings of applying the current definition of the term legal awareness in the study of the phenomenon of the judge's professional legal awareness in its dynamics are characterized. To form a series of intermediate statements that will ultimately allow characterizing the concept of professional legal awareness of a judge in its entirety: positioning of legal awareness in relation to its bearer; the ability to influence not only the legal reality but also the existence of an individual, a group of individuals, and society in general; attribution to the content of the concept of professional legal awareness of a judge of other auxiliary concepts. The identified debatable aspects require further research into the concept of legal awareness at the levels of the international community, the state, the judiciary, judges and institutions of civil society. Undoubtedly, further in-depth study of international standards will reveal a wider scope of duties that should be assigned to the state, the bodies of the justice system and the judge in the context of ensuring the development of professional legal awareness. However, such research will become possible only after the completion of the theoretical research of the content of the analyzed concept and is connected with the use of empirical methods of legal science.
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Matviiv, R. "Uncertainty of the conceptual and categorical apparatus in the field of integrity of judges." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 62–65. http://dx.doi.org/10.24144/2788-6018.2023.05.8.
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This scientific article presents a study of the problem of indeterminacy of the conceptual and categorical apparatus in the field of the judge's integrity in the modern legal system.
 It is noted that in the modern legal understanding, the integrity of judges is a fundamental ethical and normative aspect that determines the high standard of professional behavior of judges in the context of the exercise of judicial power. This principle includes not only the dispassion (impartiality) and objectivity of the judge in the decisions made, but also his ability for self-reflection, ethical awareness and independence from the influence of external factors.
 The conceptual-categorical apparatus is the main component of the legal technique, which contributes to the precise and clear expression of legal norms and ensures their effective implementation in society. In the praxeological aspect, questions of integrity of judges arose in many cases when competent authorities did not confirm the appropriate level of integrity of a judge or a candidate for this position. This is due to the essential problems of the imperfection of the legislation, since the concept of «honesty» in the legislation is not clear. The legal system and the legislation system must possess and operate in clear and unambiguous terms to avoid misunderstandings and ambiguous interpretations or recommendations regarding the interpretation of norms.
 The main signs (characteristics) of the integrity of judges include, in our opinion, the following: impartiality and objectivity, the independence of a judge, which is a fundamental principle of judicial activity, which ensures his dedication to the use of the law and the result of the influence of external factors that can reveal objective consideration affairs; honesty and integrity; high level of knowledge and competence; appropriate level of professional ethics; the opportunity to bear public, legal and moral responsibility.
6
Козяр, Р.Я. "КЛАСИФІКАЦІЯ ВИДІВ ВТРУЧАННЯ У ПРОФЕСІЙНУ ДІЯЛЬНІСТЬ СУДДІ: МЕТОДОЛОГІЧНИЙ АСПЕКТ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 31 (30 грудня 2021): 77–86. https://doi.org/10.5281/zenodo.6526182.
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This article presents the results of a comprehensive study of theoretical and methodological aspects of the problem of interference in the professional activities of judges. Existing approaches to the interpretation of the term "interference in the professional activities of a judge" explain this phenomenon of public relations, associated with illegal interference in the administration of justice, due to the incompleteness of the legal regulation of public relations; socio-cultural illusions, including the weakness of state power and the corruption of the judiciary; sometimes an insufficient level of legal culture and legal awareness of individual citizens, representatives of professions working in the fields related to the judiciary, as well as civil servants; the dishonesty of individual judges in respect of whom the facts of making unjust decisions have been confirmed; deploying, along with the processes of strengthening the participation of civil society in public affairs, the processes of abuse of rights by individual representatives of civil society. The considerable variety of factors intensifying the phenomenon of interference in justice makes it necessary to classify the methods of such interference. In fact, however, in the framework of the science of judicial law, we would like to raise the issue of classification, not just methods (or forms or means), but in general, the manifestations of the phenomenon of interference in the professional activities of judges. Taking advantage of judicial discourse, we can go beyond the science of criminal law and the limitations imposed by its method. The purpose of this article is to summarize the approaches to the classification of types of interference in the professional activity of a judge: methodological aspect. This classification aims to expand the problem area of interference in the professional activities of judges. Its dissemination and consideration in law-making and law enforcement activities of law enforcement agencies and the judiciary can be a starting point for the implementation of transformations in the organizational and legal mechanism to combat interference in the professional activities of judges.
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Zharovska, I. M., and O. S. Rudanetska. "The state-representative and corporate-legal nature of the benevolence of judges: a discussion on European standards." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 862–66. https://doi.org/10.24144/2788-6018.2024.06.144.
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It is indicated that the right to a fair trial is guaranteed by Article 6 of the European Convention on Human Rights. The effective exercise of this right requires, in particular, that everyone has the right to be heard by «an independent and impartial tribunal established by law to determine civil rights and obligations or determine the merits of any criminal charge brought against him». The article is devoted to the analysis of the compliance of national legal regulation with European standards regarding the integrity of the judicial corps and the determination of the legal nature of this phenomenon in the publicauthority and professional-labor sphere. It is indicated that the paradigm of the functioning of the judicial system contains the requirements of professionalism, independence and integrity of the administration of justice, which forms the basis of the development of statehood and the establishment of the principles of the rule of law, which is a requirement of international and European judicial standards. It is reasoned that the state-representative function of the integrity of judges is manifested in the high professional and moral compliance of the judicial corps with the requirements for the high position of a judge. The requirements are broader than for the integrity of other employees, let’s say, executive and local self-government bodies, due to the fact that judges are endowed with unique powers - to protect and restore rights and freedoms, legitimate interests on behalf of the state. The corporate and public nature of integrity is singled out as a professional criterion for judges (judge candidates) in order to meet the position held, which is due primarily to the fact that the judiciary takes place through the implementation of activities based on the judge’s legal awareness and the state provides them with a sufficiently wide discretion to implement powers This nature is manifested in openness and transparency, which is a guarantee of achieving the integrity of judges and the judiciary and judicial self-government. Based on the conclusions of the Advisory Council of European Judges, it is proven that overcoming corruption as a manifestation of dishonesty contributes to the general level of legitimization, where functional legitimacy is based on public trust, which is created through excellent work, transparency, accountability. The hypothetical effectiveness of the new model of corporate labor relations developed in our country has been proven - the joint coordination work of judicial self-government bodies, civil society and independent international experts.
8
Базарник, М. В. "ВПЛИВ ЄВРОІНТЕГРАЦІЙНИХ ПРОЦЕСІВ НА СУДОВУ РЕФОРМУ В УКРАЇНІ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 32 (30 березня 2022): 279–88. https://doi.org/10.5281/zenodo.7084993.
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The European integration processes that unfolded after the Revolution of Dignity finally had not only a declarative, but also an implementation character. In terms of justice, this was reflected in the implementation of one of the most extensive judicial reforms during Ukraine's independence. Nevertheless, political risks for the independence of the judiciary remained, and attempts to implement changes in the field of formation, development and control of professional legal awareness of judges had moderate effectiveness. The article is devoted to the study of the interrelationships of the directions and tasks of judicial reform in Ukraine and the dynamics of European integration processes. The key historical stages of Ukraine's progress in the direction of European integration are studied. The shortcomings of the judicial reform of 2010, which took place contrary to the European integration paradigm, are characterized. The links between the foreign policy course of the state, the vector of judicial reform and the effectiveness of the development of professional legal awareness of judges are given. The criteria of European integration are summarized and the place assigned to judicial reform in them is established. It was established that as of 2019-2020, the idea of bringing national legislation in the field of the judiciary and the status of judges to full compliance with certain "criteria" has not lost its relevance. Instead, 2020 revealed the judicial power's unpreparedness to face the challenges of the global pandemic, and the Russian aggression that began in February 2022 actualized the need to prioritize the provision of a strong, stable theoretical-legal and normative foundation for the functioning of judges in wartime conditions. Thus, the influence of the final adoption of the European integration foreign policy vector of the state's development on the change of the idea of reforms in the legal provision of the functioning of the judiciary is obvious and strong. At the same time, the issue of the impact of the reforms on the professional legal awareness of judges remains open and debatable, which we associate with the problem substantiated above of the lack of measurable criteria for European integration in terms of justice, the rule of law, and the status of judges.
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Demchenko, S. O. "International legal framework for the regulation of judicial immunity." Law and Safety 95, no. 4 (2024): 59–68. https://doi.org/10.32631/pb.2024.4.05.
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The article analyses the phenomenon of judicial indemnity through the prism of international legal regulation developed in Western Europe in recent decades. Based on the analysis of Ukrainian and European law, it has been concluded that the doctrine of limited judicial indemnity is currently dominant, which balances public interests and serves the freedom of expression and strengthening of the principles of independence in the structure of the legal status of a judge. It is demonstrated that the international legal regulation of judicial indemnity contributes to the institutional strengthening of the judiciary, enhancement of its authority in society, and awareness of the high mission of judges in establishing the rule of law, preventing and counteracting any manifestations of aggression against the judiciary which not only threaten its independence but also often deprive judges of the opportunity to legally express their opinions in public. Judicial indemnity is considered in the context of the concept of subjective human rights as a derivative of the fundamental right to freedom of expression. This indemnity belongs to professional judges in accordance with the concept of good faith. It is established that a judge's freedom of expression is possible both in his/her judicial and extrajudicial activities, which should be clearly reflected in the amendments to the Law of Ukraine “On the Judiciary and the Status of Judges”. The state guarantees judges protection from prosecution for their statements both in and out of court. In the Ukrainian context, the content and system of such guarantees require both regulatory and institutional strengthening. The scope of judicial indemnity protection varies depending on the legislation, rules of judicial ethics, specifics of the judicial system, authority of the judiciary, case law and legal traditions. Moreover, there are some peculiarities of the ‘cooling effect’ concept in the field of judicial indemnity. Finally, the author concludes that the key elements of the European Court of Human Rights case law relating to the essence of judicial indemnity and its limits should be adapted and integrated into the Ukrainian judicial system, given their importance for the development of the relevant doctrine.
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Adebola Olaborede and Lirieka Meintjes-van der Walt. "Cognitive Bias Affecting Decision-Making in the Legal Process." Obiter 41, no. 4 (2021): 806–30. http://dx.doi.org/10.17159/obiter.v41i4.10489.
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Several empirical research studies have shown that cognitive bias can unconsciously distort inferences and interpretations made by judges either at the hearing, ruling or sentencing stage of a court trial and this may result in miscarriages of justice. This article examines how cognitive heuristics affects judicial decision-making with seven common manifestations of heuristics such as availability heuristics, confirmation bias, egocentric bias, anchoring, hindsight bias, framing and representativeness. This article contends that the different manifestations of heuristics pose a potentially serious risk to the quality and objectivity of any criminal case, despite the professional legal training and experience of judges and magistrates. Therefore, suggestions on how best to avoid and minimise the effects of cognitive heuristics, especially within South African courts are proffered. These include creating awareness raising, cross-examination and replacement.
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Asrun, Andi Muhammad. "Judicial Corruption as a Violation of Professional Ethics." International Journal of Professional Business Review 8, no. 2 (2023): e01125. http://dx.doi.org/10.26668/businessreview/2023.v8i2.1125.
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Purpose: The purpose of this study is to present some ethical issues facing the Indonesian judiciary by exploring the usefulness of judicial codes of ethics. The ethical crisis of judges occurred at a time when judicial independence was strong post the amendment of the 1945 Constitution. The judicial crises triggered uncertainty and pessimism about judicial accountability Theoretical framework: Legal literature states that fair, honest, and impartial legal processes cannot be separated from that of an independent judiciary [Shugermann, 2010: 1061]. The independence and impartiality of the court as one of the ten minimum conditions for creating a constitutional society. Design/methodology/approach: In this study, the author conducted normative legal research. This method helps examine the juridical standards contained in laws and court decisions. Furthermore, library research was conducted to obtain data from primary, secondary, and tertiary legal materials. Findings: Despite the judiciary gaining strong independence following the amendments of the 1945 Constitution in 2001–2002, unfortunately, the judiciary suffers from an accountability crisis, as seen through the arrests of several judges for bribery. Research, Practical & Social implications: We hope that this research can bring awareness and increase adherence to the code of ethics of the judicial profession. Originality/value: It is hoped that the ideas and issues raised in this paper will help the judiciary recognize the importance of developing, maintaining, and, most importantly, honouring a code of ethics in keeping with the ethical obligations of the judicial office.
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Hachkevych, Andriy. "Impact of Artificial Intelligence on the Sphere of the Judiciary and the Perspectives for Future Research." Slovo of the National School of Judges of Ukraine, no. 1(46) (July 29, 2024): 27–37. http://dx.doi.org/10.37566/2707-6849-2024-1(46)-3.
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Artificial intelligence tools are increasingly common in the judiciary. While robot judges have not been invented yet, introducing new AI technologies is spreading and contributing to the transformation of court activities. This article discusses AI's impact on the judiciary and its potential influence on future research, aiming to improve current legislation. The author outlines two key areas of influence: the implementation of AI in professional tasks and the increasing awareness about AI. Artificial intelligence in the judiciary is expected to lead to more effective legal proceedings and ensure non-bias by excluding biases caused by inappropriate training data. Interest in this topic is driven by the desire to find potential areas for improving judges' activities, although artificial intelligence is not anticipated to replace them. The author describes different ways in which AI can impact the judiciary. These include using AI as a support tool for making legally binding decisions, taking on secondary tasks in place of judges, strengthening reliability and enhancing security in adopting modern technologies for legal proceedings, and increasing awareness of artificial intelligence. Further development and implementation of AI technologies may result in biased outcomes, external interference, and errors, highlighting the need for future research. This article explains why artificial intelligence in the judiciary requires more attention. Many questions still remain open, such as the legal support of innovative technologies for secondary tasks and guarantees for following generally accepted ethical principles of AI when used by judges. Certainly, scientists and researchers should promote new possibilities for the judiciary by developing and enhancing special software for this field. Key words: artificial intelligence, AI tools, artificial intelligence in the judiciary, transformation of the judiciary, generative artificial intelligence technologies, biased outcomes, human judges, awareness of AI, reliable AI.
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Pryimachenko, Dmytro, and Anna Maslova. "PUBLIC INTEGRITY COUNCIL AS A SUBJECT OF PUBLIC CONTROL OVER JUDGES ACTIVITY." Journal of International Legal Communication 14, no. 3 (2024): 81–91. https://doi.org/10.32612/uw.27201643.2024.14.3.pp.81-91.
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The article is devoted to the analysis of the requirements of European partners set forth in the Memorandum of Understanding between Ukraine and the European Union within the framework of the new large-scale macro-financial assistance of the EU of January 16, 2023, which directly emphasizes the implementation of clauses in the area of the Rule of Law regarding the selection of judges. The article analyzes the legislation regulating the activity of the Public Integrity Council at the High Qualification Commission of Judges of Ukraine. The authors have singled out the controversial issues faced by the Public Integrity Council during the assessment of professional ethics and integrity of current judges and candidates for the position of judge in the period from 2016 to 2020. It proposes ways of solving the outlined controversial issues in order to improve the activities of the Public Integrity Council. The article is devoted to the study of the status of the body in the system of ensuring the integrity of judges, which is an institution of civil society the Public Integrity Council. The institution is designed to strengthen public confidence in the integrity of new personnel, but the regulation of the legal status has numerous gaps that regulate the status of the Public Integrity Council. The problem is the absence of the scientific basis for the formation of legislation regulating the status of the Public Integrity Council, highlighting controversial issues faced by the Public Integrity Council during the assessment of professional ethics and integrity of current judges and candidates for the position of judge. The legally enshrined involvement of the public in the evaluation of judges and candidates for the position of judge significantly strengthened the role of civil control in the procedures of selection and appointment to the position of judge. This innovation for the judicial system of Ukraine became a historical milestone in the process of judicial reform. The new procedure for the selection of candidates for the position of judge and the verification of current judges, prescribed in the 2016 version of the Law of Ukraine "On the Judiciary and the Status of Judges", should ensure awareness and the opportunity for the public to understand the cause-and-effect relationship between the evaluation and the decision made.
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А.Ю., Кужеков, та Коротких И.М. "СВЯЗЬ ПРАВОВОЙ ИДЕОЛОГИИ И СУДЕБНОЙ ПРАКТИКИ". Вестник Академии права и управления, № 4(79) (10 жовтня 2024): 50–53. http://dx.doi.org/10.47629/2074-9201_2024_4_50_53.
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Данная работа направленна на анализ и оценку влияния правовой идеологии на правоприменительную деятельность судов. Отмечается, что правовая идеология выступает сложным и обширным социальным феноменом и имеет существенное значение для правовой системы в целом и для правоприменительной деятельности в частности. Делается вывод, что правовая идеология, являясь частью мировоззрения профессиональных судей, имеет определяющее значение для формирования судейского усмотрения, а вместе с этим правильного разрешения судебных споров. В то же время судейское усмотрение является одним из путей формирования правовой идеологии. Рассмотрен вопрос значения уровня профессионального правосознания судей для правового регулирования и потенциала правовой доктрины в его совершенствовании. This work is aimed at analyzing and evaluating the influence of legal ideology on the law enforcement activities of courts. The authors note that legal ideology is a complex and extensive social phenomenon and is essential for the legal system in general and for law enforcement in particular. It is concluded that legal ideology, being a part of the worldview of professional judges, is crucial for the formation of judicial discretion, and at the same time, the correct resolution of judicial disputes, at the same time judicial discretion is one of the ways to form a legal ideology. The authors also considered the importance of the level of professional legal awareness of judges for legal regulation and the potential of legal doctrine in its improvement.
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Lopatin, D. A. "Breaking of norms of law and morality in law enforcement sphere." Alma mater. Vestnik Vysshey Shkoly, no. 10 (October 2020): 52–55. http://dx.doi.org/10.20339/am.10-20.052.
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Examined are porosities of contact of concepts “morality” and “law” in service activities of employees and service persons of law enforcement organizations. Ambiguity of these terms in professional activity gives rise to reasoning over superiority and importance of one over the other in various situations. This problem is considered by the author on one of the most illustrative examples of choice of moral or legal priorities, encountered in practice in the law enforcement field. Conclusions are drawn on examples of professions of employee of internal affairs bodies, prosecutors, judges, lawyers, etc. The analysis is made on such interconnecting categories as consciousness, professional duty, moral culture, moral and psychological preparedness, legal awareness, patriotism, professional duty, traditions, honor, etc. The author’s opinion presupposes the value of each of legal and moral categories, their inalienability from each other and of paramount importance for the individual, carrying the state function of protecting interests of citizens.
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Prysiazhna, Anna. "Organizational and legal aspects of the formation of the corps of professional judges in Ukraine." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi 2, no. 15(27) (2023): 129–34. http://dx.doi.org/10.33098/2078-6670.2023.15.27.2.129-134.
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Purpose. The purpose of the work is to study the main problems of improving the procedure for forming the judicial corps. In order to create a truly authoritative, professional and, of course, independent judiciary in Ukraine, first of all, it is necessary to improve the system of forming the judicial corps. After all, the main prerequisite for both independence and a high legal status of a judge is proper staffing by highly professional, competent specialists. Methodology. The methodological basis of the study is a system of interrelated conceptual principles and methods, which make it possible to comprehensively and fully investigate the foundations of the reform of the judicial system and the formation of a qualified judicial corps. In particular, the following methods were used: the method of scientific forecasting and modeling; axiological method; historical-genetic method; logical method; formal legal method. Results. In the process of research, it was recognized that the selection of candidates for the position of judge, as a prerequisite for the formation of a qualified judicial corps, is a problem of general societal importance, which, due to constant changes in the political, socio-economic and cultural life of society, almost continuously maintains its relevance. Originality. In the research process, it was established that the formation of a highly professional and highly moral judicial corps is possible only on the condition that every citizen with a high legal culture and legal awareness wants to live in a fair, democratic and legal state. Practical significance. The conclusions, provisions and recommendations formulated in the article can be used in law-making activities; research work and educational process.
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Hryshchuk, Oksana. "Judicial Integrity through the Lens of Modern Social Transformations." Slovo of the National School of Judges of Ukraine, no. 1(30) (July 30, 2020): 6–25. http://dx.doi.org/10.37566/2707-6849-2020-1(30)-1.
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The most important factors of building and maintaining public confidence in the judiciary are extralegal social factors are of great for. The active development of a postmodern society poses new challenges, one of them is the "post-truth" phenomenon, that gives rise to the circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief. This leads to a peculiar interpretation of the facts on social media, which doesn’t always represent the facts, but may contains their selective and non-exhaustive interpretation. Therefore, the whole traditional value system got under blow,since facts doesn’t occupy a leading position in Western democracies. The issue of spreading the post-truth in the judicial sphere, adversely affects public legal awareness and confidence in the judiciary,particularly, inciting hatred and misinformation in the media results in putting pressure on judges.Because ofthe social context and new conditions of a postmodern society, the judicial authorities and every judge nowadays must be prepared for the possible challenges related to such an environment. It seems,trere are two types of these challenges : the ones related to the integrity of the judges and those related to communication with representatives of civil society. Today integrityis associated, above all, with the virtues of the judge and the standards of ethical conduct for judges.The judge's ethical standards are enshrined in Bangalore Principles of Judicial Conduct and reflected in the Code of Judicial Ethics, which state that the exercise of the right of everyone to judicial protection sets high demands on the moral qualities of each judge. It seems that the judicial integrity may be regarded as a result of implementing ethical standards and principles in each judge's behaviour. Civil society's demand is high in terms of the judicial integrity, and it is particularly exacerbated in transitional democracies, during a period of active reformation processes, when many issues may be shifted from the political plane to the plane of judgement. Moreover, there is not enough today for a judge to be virtuous, because society demands openness of the court procedures, and therefore the problem of judicial communication is raised. As we can see, judicial authorities and judges are aware of the communication importance and are willing to communicate with civil society, in particular, most courts in Ukraine have developed communication strategies; active participation of courts and judges on social networking is in evidence. Keywords: post-truth, court, integrity, professional ethics of judges, judicial communication.
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Kullaj, Maend. "The Essential Role of Gender Sensitization Training in Legal Education." Journal of Legal and Political Education 2, no. 1 (2025): 21–36. https://doi.org/10.47305/jlpe.2025.1763.
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Raising awareness of gender equality among law students is often overlooked by educators, who may consider it unnecessary due to the higher enrollment of female students. However, this perception obscures a critical issue: in the legal profession, the gender ratio is reversed, with men predominating in key roles. This paper qualitatively analyzed the effects of insufficient or inadequate gender sensitization training within law school curricula on the perspectives of future male lawyers, prosecutors, and judges. The findings indicate a correlation between low gender equality awareness and biased decision-making in the justice system, particularly in cases involving sexual or domestic violence. Despite some progress, there is an urgent need for enhanced efforts to promote gender sensitivity among legal professionals to ensure a more equitable justice system.
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Kanischev, V. P., R. R. Palekha, O. A. Fedotova, and I. S. Fedotov. "Judicial Ethics: Moral and Legal Aspects in the Context of a Scientifically Based Integrative Concept of Legal Understanding." Rossijskoe pravosudie 10 (September 25, 2020): 54–61. http://dx.doi.org/10.37399/issn2072-909x.2020.10.54-61.
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Judicial ethics is a complex moral and legal phenomenon that has a significant impact on the level of trust in the court, the authority of the judiciary and the effectiveness of justice. The state of judicial ethics is largely determined by the type of legal understanding that guides the judge who administers justice. The purpose of the research is to consider judicial ethics, its moral and legal aspects in the context of a scientifically based integrative concept of legal understanding. The objectives of the research are to study the moral and legal aspects of judicial ethics, the system of requirements imposed on the judge, the relationship of legal understanding with judicial ethics, identifying the «optimal» type of legal understanding that contributes to increasing confidence in the court and improving the effectiveness of justice. The work is based on an integrative methodology. The research involved such General scientific methods as logical generalizations, analysis and synthesis, system and functional approaches. The formal legal method and the method of law interpretation were used as private methods of legal science. Judicial ethics is considered as a moral and legal phenomenon that comprehensively reveals the moral and professional appearance of a judge associated with the exercise of official functions aimed at protecting the rights, freedoms and legitimate interests of various subjects of legal interaction. The effectiveness of the justice system can significantly increase if the judge has a special state of professional legal awareness based on a progressive type of legal thinking, which is represented by a scientifically based integrative concept of law understanding. This scientific platform has the most productive impact on the moral and professional Outlook of the judge, his legal awareness, psychologically positive attitude and gives real legal tools for the protection of human and civil rights and freedoms in the judicial practice of modern Russia. A judge who shares the position of a scientifically based integrative concept of law understanding and bases his professional activity on it is able to transfer the implementation of justice to a qualitatively different level, extracting the effective regulatory potential of law and providing comprehensive legal protection to various subjects of legal interaction.
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Е.В., Рощевская. "К ВОПРОСУ О ПСИХОЛОГИЧЕСКОМ СОПРОВОЖДЕНИИ СУДЕБНОЙ ДЕЯТЕЛЬНОСТИ". Человеческий капитал, № 1(157) (26 січня 2022): 183–89. http://dx.doi.org/10.25629/hc.2022.01.20.
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В последние десятилетия предпринята попытка осуществления психологического сопровождения судебной деятельности, что обусловлено требованиями к повышению качества правосудия. В статье проанализированы нормативно-правовая база и опыт внедрения психологического сопровождения в судах Российской Федерации. Описана специфика судебной деятельности и требования, предъявляемые к личности судьи. Представлены результаты эмпирического исследования субъективного осознания судьями необходимости психологического сопровождения их профессиональной деятельности, а также его конкретного содержания. Показано, что судьями осознается проблема существования трудностей психологического характера, большинство из которых связаны со стрессом и негативными эмоциями, переживаемыми в ходе осуществления профессиональной деятельности. В то же время судьи не видят необходимости в постоянном психологическом сопровождении, но готовы принять психологическую помощь в отдельных случаях. Исследование показало, что наиболее востребованы со стороны судей психологическое сопровождение впервые назначенных судей на этапе адаптации к профессиональной деятельности и индивидуальное психологическое консультирование. Прохождение психологической диагностики на этапе отбора на судейскую должность судьи не считают строго обязательной, а оставляют на усмотрение кандидата. В порядке выводов автором определены объективные и субъективные проблемы осуществления психологического сопровождения судебной деятельности на практике и предложены пути их решения. In recent decades, an attempt has been made to provide psychological support for judicial activities, which is due to the requirements for improving the quality of justice. The article analyzes the legal framework and the experience of introducing psychological support in the courts of the Russian Federation. The specifics of judicial activity and the requirements for the personality of a judge are described. The results of an empirical study of judges' subjective awareness of the need for psychological support of their professional activities, as well as its specific content, are presented. It is shown that the judges are aware of the problem of the existence of psychological difficulties, most of which are associated with stress and negative emotions experienced in the course of their professional activities. At the same time, judges do not see the need for constant psychological support, but are ready to accept psychological assistance in individual cases. The study showed that the most in demand on the part of judges is psychological support for newly appointed judges at the stage of adaptation to professional activities and individual psychological counseling. The passage of psychological diagnostics at the stage of selection for a judicial position is not considered strictly mandatory by judges, but is left to the discretion of the candidate. In the order of conclusions, the author defines the objective and subjective problems of the implementation of psychological support for judicial activities in practice and suggests ways to solve them.
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Miljuš, Ivana. "Specialization of justice system officials and citizen awareness as instruments for combating environmental crimes." Glasnik Advokatske komore Vojvodine 95, no. 4 (2023): 1319–64. http://dx.doi.org/10.5937/gakv95-47879.
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Specialization, contentfull training, and continuous professional growth of prosecutors and judges in the domain of ecological crimes, joint education programs for criminal justice organs, police officers and inspectors, the increase in material and human resources, especially in the domain of inspections, are all necessary requirements for the improvement in the detection, investigation, evidence collection, and prevention of ecological crimes. In this paper, the author first analyzes the significance of the specialization of public office holders, prosecutors and judges, when it comes to ecological crimes. One of the current priorities of the EU is the struggle against ecological crime, especially certain types of ecological crime. The specialization of criminal justice office holders, especially prosecutors, is the norm in certain countries. Insufficient public awareness about the consequences of ecological crimes and the damage they cause, their victims, their "profitability", and their scope is a significant obstacle for the prevention, detection, and reduction of ecological crime. Numerous international legal documents emphasize the imperative of improving public awareness about ecological crimes. The author relates the improvement in public awareness with the right of "members of the public" to access criminal justice and the role of the "concerned public" in a criminal procedure, above all as persons filing criminal complaints, often in the form of citizen groups/associations or in relation to the participation in criminal procedures for these crimes.
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Nabirye H., Kato. "The Influence of Body Language in Legal Settings." NEWPORT INTERNATIONAL JOURNAL OF CURRENT ISSUES IN ARTS AND MANAGEMENT 5, no. 3 (2024): 41–44. https://doi.org/10.59298/nijciam/2024/5.3.41440.
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This paper examines the significant role of body language in legal environments and its implications for various courtroom participants, including jurors, judges, attorneys, and witnesses. While verbal communication remains the primary focus in courtrooms, non-verbal cues play a pivotal role in shaping perceptions of credibility, truth, and persuasion. The study reviews common body language signals and their interpretations, considering how these affect judgments, credibility assessments, and decision-making processes. By examining these dynamics, this research aims to highlight the importance of non-verbal communication in the legal field and propose strategies for legal professionals to utilize body language effectively to strengthen courtroom interactions and outcomes. Case studies provide real-world applications, demonstrating how an awareness of body language can impact trial outcomes and suggesting that training in non-verbal communication could be beneficial for legal professionals. Keywords: Body Language, Legal Communication, Non-verbal Cues, Credibility, Persuasion.
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Stetsiuk, N. V., V. M. Parasiuk, and I. V. Zdrenyk. "Development of deontological principles for professional activities of judicial process participants in the context of judiciary digitalization." Uzhhorod National University Herald. Series: Law 5, no. 86 (2025): 194–99. https://doi.org/10.24144/2307-3322.2024.86.5.29.
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This research is dedicated to analyzing the impact of judiciary digitalization on the development of deontological principles of professional activities of judicial process participants. In modern conditions, digital technologies become an integral part of the legal system, changing the traditional methods of work of judges, lawyers, investigators, and other specialists. The implementation of electronic case management systems, online conferences, and digital communication tools enhances the efficiency and accessibility of judicial services, reduces the time for case review, and decreases the risks of corruption. However, this process is accompanied by challenges such as ensuring cybersecurity, protecting personal data, and providing equal access to digital resources for all participants. Digitalization also affects the ethical norms and professional responsibility of judicial process participants. Enhancing the transparency of judicial processes requires professionals to adhere to principles of honesty and openness, as well as ensuring the confidentiality of information. The use of electronic communication tools imposes the need to maintain high ethical standards in the virtual space, including avoiding conflicts of interest and ensuring fairness in interactions between parties. One of the key aspects of the study is the necessity for ongoing professional training and adaptation to rapid technological changes. Participants in the judicial process must master new digital tools, understand their capabilities and risks, which promotes the development of ethical awareness and professional competence. This ensures high quality of judicial decisions and increases public trust in the judicial system. The conclusions of the study emphasize that the digitalization of the judiciary is a catalyst for the development of deontological principles of professional activity, contributing to the creation of a more transparent, fair, and reliable judicial system. The integration of digital technologies not only enhances the efficiency of judicial processes but also forms new ethical standards, which are the foundation for modern legal practice.
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STOROZHENKO, Oleksandr, and Oksana PROHOROVA. "Problematic aspects of the application of ECHR practice by the courts of Ukraine." Economics. Finances. Law, no. 4/2 (April 29, 2021): 19–23. http://dx.doi.org/10.37634/efp.2021.4(2).4.
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Introduction. Ukraine signed Convention for the Protection of Human Rights and Fundamental Freedoms many years ago to provide effective protection of fundamental rights for every human that stands out on its' territory. This document is interpreted by the European Court of Human Rights. Practice of this Court must be used by national courts of Ukraine to match international human rights' standards. However, according to results of statistical research, application of that legal positions by national judges aren’t correct enough. The purpose of the paper is to identify and analyze problematic issues of application of the case law of the European Court of Human Rights by national courts of Ukraine. The authors also wanted to investigate the national practice of using the ECHR' legal positions and to provide recommendations to address shortcomings in such application. Results. The paper considers the issue of application of the case law of the European Court of Human Rights by the national courts of Ukraine. The legal nature of ECHR decisions' is studied. Authors are stick to the idea that judgments of ECHR aren’t classic precedent. There are authors' opinions about the problem of applying the practice of the European Court of Human Rights, which has no official translation. They think that judges need to be taught professional English and French. So that they will be able to understand original text of judgments correct. There is also a thought about necessity of creating special database with Ukrainian translation of some judgments. Authors have also revealed problematic aspects of the application such as: erroneous, manipulative, formal references. There are some decisions of Ukrainian courts that have been analyzed by the authors. Erroneous references to decisions of the European Court of Human Rights in such cases have been determined. Authors stated that the reason of those defects is insufficient awareness of judges about the specifics of application legal positions of ECHR. Conclusion. According to the results of the work, the importance of education and training of future judges is stated. In addition, authors emphasized on necessity of further observations of this question.
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IVANIV, Andrii. "Judicial precedent in the Anglo-Saxon legal family." Economics. Finances. Law 2, no. - (2023): 17–22. http://dx.doi.org/10.37634/efp.2023.2.3.
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An analysis of written historical sources that have survived to this day shows that judicial precedent is the oldest source of law. At different stages of the development of human society, the judicial precedent was to one degree or another the regulatory carrier of the relations that arose in it. This regulation is carried out from concrete to abstract, and therefore can occupy a special place in the legal system of society. This served to group national legal systems into legal families, which are united by the commonality of both the basic concepts, the structure of law, and the sources of law. Judicial precedent is an act of law-making, which is adopted in a certain order by a government body empowered to administer justice. Judicial precedent can be one of the main regulators of social relations, and have a secondary, insignificant role in the formation of sources of law in a separate legal system of a specific state. Thus, in the Anglo-Saxon legal family, court precedents traditionally refer to the main, dominant sources of law. The paper is devoted to the issue of the essence and role of court precedent as a source of law in the countries of the Anglo-Saxon legal family. It is established that the doctrine of judicial precedent is applied in England due to a historically formed legal tradition, and in the countries of the Anglo-Saxon legal family - due to the dominant influence of England on them in certain historical periods. In many ways, the doctrine of judicial precedent has demonstrated its success due to public legal awareness and the high level of professional skill of judges who lead the judicial system. It is they who form precedent law in general. The ratio of precedent and law, with the significant predominance of the former over the latter, led to the primacy of the judiciary over the executive. Quite often in the countries of the Anglo-Saxon legal family, a rule that derives from the law is unfit for practical application until it is explained by a judge. Thus, judges act as interpreters of laws, and court precedents, to a certain extent, as «commentaries on laws». The construction of judicial precedent has both positive and negative aspects. Even within the parent countries of the Anglo-Saxon legal family, not to mention mixed legal families, judicial precedents are applied differently, which indicates their adaptability, and therefore the ability of judicial precedent to be useful for Ukraine.
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Mroue, R., M. Cherro, G. Kassir, N. Dandan, and E. Ghossoub. "Stigma Associated with Mental Illness: Perspectives of Judges and Lawyers in Lebanon." European Psychiatry 67, S1 (2024): S579. http://dx.doi.org/10.1192/j.eurpsy.2024.1205.
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IntroductionLegal professionals frequently encounter forensic mental health issues in the criminal justice system. These issues can significantly impact the outcome of cases, making it essential to understand the attitudes and perceptions of these experts towards mental illness. Despite a high number of individuals with mental illness in prisons, the availability of forensic mental health services is limited. While prior research has shown widespread stigma towards mental illness, there hasn’t been a study assessing the attitudes of judges and lawyers.ObjectivesThis study aims to investigate the stigma related to mental health among Lebanese legal professionals.MethodsAn online questionnaire was sent to judges and lawyers practicing in Lebanon. The survey included a section on demographics and personal data with the following scales: Reported and intended behavior scale (RIBS) which measures mental health stigma–related behavior and Perceived devaluation and discrimination scale (PDD) measuring the extent to which a person believes that most people will devalue or discriminate against someone with a mental illness.Results A total of 215 participants, with a mean age of 38.69 and a mean 13.16 years of experience, completed the questionnaire. Most were female (62.8%) and worked as civil attorneys (47.4%). Only a minority received instruction on mental health or mental health law during training (10.7% and 8.8%). About a quarter believed their education on mental health issues was sufficient (27%). Participants with positive attitudes (RIBS) were more likely to have a family member with a mental illness (p value = .001), feel comfortable handling cases involving mental health (p value = .001), and have lived with someone with a mental illness (p value = .007). Feeling adequately educated about mental health issues was associated with lower perceived stigma (PDDS, p value = .021). No significant associations with stigma scores were found for factors like age, gender, occupation, years of experience, contact with a mental health professional, taking psychotropic medications, disclosing personal mental health issues to friends or co-workers, receiving education on mental illness or mental health law, or working with individuals with mental health issues.ConclusionsThe findings imply that enhancing mental health education and awareness within the legal profession could be a key strategy to reduce stigma and improve the overall treatment of individuals with mental health issues within the criminal justice system in Lebanon.Disclosure of InterestNone Declared
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Anikanov, Artem K. "Issues of Improvement of Criminal Justice in Political and Legal Ideas of O.I. Goreglyad." History of state and law 11 (October 29, 2020): 27–32. http://dx.doi.org/10.18572/1812-3805-2020-11-27-32.
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The article is devoted to the problems of the judicial system and the administration of justice in criminal cases, which are reflected in the political and legal views of the domestic legal scientist of the early ХІХ century Osip Goreglyad. His work “The experience of Russian criminal law” (1815), in which the author expressed progressive for his time judgments in the field of criminal procedure, is analyzed. The scientist paid special attention to the implementation of the principle of legality in the process of justice, the problems of judicial discretion, qualification of judges and the level of their professional legal awareness. Original and ambiguous are the judgments of O. I. Goreglyad about the use of the analogy of law in criminal proceedings. A characteristic feature of the scientist’s views on the criminal process is the desire to humanize the criminal process, in which the influence of the Enlightenment is felt. Noted the adequacy of the humanistic views O. I. Goreglyad of the criminal policy of Alexander I banned the beginning of his reign of torture, as well as limiting other debilitating measures of coercion against the defendants, in particular, the transfer from the District towns in the Provincial city were allowed to produce only in case of special need.
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Diachenko, S., and T. Hordiyenko. "Consideration of civil cases with the participation of jurors in Ukraine." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 2(50) (October 21, 2021): 93–97. https://doi.org/10.20535/2308-5053.2021.2(50).242879.
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The article is devoted to the issues of retrospective analysis of the development of the jury trial in Ukraine, starting from its actual origin in the ancient Russian state and ending with the modern period, analysis of the peculiarities of civil cases involving jurors, But both then and now, controversy over him continues. There are supporters who consider it the most democratic institution in the country, which helps to reduce cases of unilateral and biased civil cases, increase public confidence in justice, and there are opponents who advocate its complete elimination due to a number of existing shortcomings. -political institution of power. It is worth noting that the development of the institution of a jury trial in most civilized countries was based on both the English experience and their own legal traditions and national characteristics. In general, the practice of introducing juries in different countries of the world shows that acting as an indicator of national legal awareness and readiness for reform, the jury, on the one hand, reflects the characteristics of the society in which it operates, and on the other hand - affects changes in professional and everyday legal awareness. Peculiarities of consideration of civil cases with the participation of jurors are determined. Emphasis is placed on the fact that there is still a division of competence between a professional judge and jurors. The participation of jurors in civil proceedings is aimed at ensuring the tasks of civil proceedings, which include fair, impartial and timely consideration and resolution of civil cases in order to effectively protect violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities. persons, interests of the state. The administration of justice with their participation is aimed at the observance of civil procedural form, due process, principles of civil procedural law, and the exercise by litigants of their procedural rights and responsibilities. This will increase the personal responsibility of judges for their decisions and rulings in civil proceedings. The procedural position of jurors is regulated by the norms of the Constitution of Ukraine, laws and bylaws. In itself, the idea of such a form of justice with the participation of representatives of the people in order to control the judiciary and increase public confidence in it is quite good, because it benefits both the state and society. However, the analysis of current legislation, case law shows a lot of shortcomings and problems in the jury trial, which require their elimination. There is a need to adjust the existing practice on this issue, taking into account the position of the European Court of Human Rights. It has been found that the jury has deeper problems, which arise from the problems of other spheres of public life. Lack of clear and detailed regulation by the legislator, unwillingness to work with such a system, irresponsibility and even unprofessionalism of officials who compile lists of jurors, judges and much more lead to defects in the activities of this court. It should be noted that the study of approaches to solving the problems of civil cases by a jury indicates the need to improve existing legislation.
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Barbash, Daria. "VIDEO RECORDING AS EVIDENCE OF VIOLENT CRIMES IN A CRIMINAL PROCEEDING AND ITS NEGATIVE IMPACT ON THE JUDGE DURING ITS INVESTIGATION IN TRIAL." Archives of Criminology and Forensic Sciences 7, no. 1 (2023): 71–81. http://dx.doi.org/10.32353/acfs.7.2023.05.
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According to statistical data dated 2022, in Ukraine the majority of indictments sent to court involve signs of violent crimes. Therefore, judges working in general jurisdiction courts are almost daily confronted with case materials containing evidence of violence perpetrated by the accused against the victims. During examination of video recordings as evidence of violent crimes in trial, judges are directly exposed to witnessing such acts of violence, which in turn has a negative impact on their psychological state. This negative influence manifests itself in traumatic or prolonged traumatic stress, which can transform into post-traumatic stress disorder (PTSD).
 Despite a considerable number of research papers devoted to the definition of violent crimes and the role of video recordings in the system of evidence in the current Criminal Procedure Code of Ukraine, it is necessary to admit that the legal literature does not sufficiently address the issue of the negative impact on judges of the examination of video evidence of violent crimes during court proceedings and the ways in which such impact manifests itself.
 The Article Aim is to analyze the phenomenon of violent crime in Ukraine, the use of video recordings as evidence in criminal proceedings, negative effects endured by judges when examining video evidence of violent crimes, identifying signs of traumatic impact on judges during such examination, analyzing the role of psychological preparation for judge candidates during specialized training and for judges while advanced training at the National School of Judges of Ukraine, and presenting my own perspective on means of preventing and addressing stress among judges.
 It has been demonstrated that close contact with human suffering during performance of judicial duties has a significant traumatic impact on judges, and examination of video recordings of acts of violence creates the highest emotional attachment to such violence in contrast to other types of evidence, thus undoubtedly contributing to workplace psychological trauma in the digital age. In turn, video recordings in the framework of the domestic criminal legislation are considered as documents, and therefore they must be examined by judges directly in trial, in compliance with provisions of the current Criminal Procedure Code of Ukraine.
 It has been established that tools for managing psychological state are provided to future judges during their professional psychological training at the National School of Judges of Ukraine and can be further supplemented through advanced training. However, considering that the issue of judges’ psychological well-being, their awareness of self-control of their own psychological state, stress management, and post-traumatic stress disorder currently receive insufficient attention, effective means of institutional support have been proposed: personal leave (days of “mental health”); provision of assistance through closed, confidential counseling; conducting trainings or seminars on types of traumatizing evidence; provision of education and sufficient information about signs and symptoms of traumatic stress, prolonged traumatic stress, and PTSD; developing healthy strategies for coping with such conditions; holding trainings for the staff to maintain a healthy work environment; developing an informal support network. In addition, emphasis is placed on personal responsibility of judges for their own psychological well-being. What is more, recommendations on acknowledging stress as an atypical phenomenon as well as methods for self-regulation of psychological state are provided.
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Kalich, Lisa, Blake D. Carmichael, Tiffany Masson, and Dawn Blacker. "Evaluating the Evaluator: Guidelines for Legal Professionals in Assessing the Competency of Evaluations in Termination of Parental Rights Cases." Journal of Psychiatry & Law 35, no. 3 (2007): 365–97. http://dx.doi.org/10.1177/009318530703500307.
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Over the past two decades, the court has begun to rely increasingly upon the opinions of mental health professionals in deciding questions of parental fitness. Despite the value placed on psychologists' evaluations and testimony, there is little guidance for judges and other legal professionals with regard to determining whether an evaluation is competent or useful. Given the heavy burden that accompanies severing the relationship between a child and his or her biological parent, the need for competent and comprehensive evaluations is paramount. Thus, the focus of this article is to provide specific recommendations for legal professionals with regard to assessing the competency of termination of parental rights (TPR) evaluations. Utilizing the American Psychological Association's (APA) Procedural Guidelines for Psychological Evaluations in Child Protection Matters (American Psychological Association, 1998) as a guide, common flaws in evaluations, as well as best practice techniques, are identified and discussed. By providing legal professionals with increased awareness and knowledge of the components of a competent TPR evaluation, it is expected that the best interests of families in these cases will be better served and that psychological professionals will be held to a high standard of competence.
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Shukurov, Elvin, and Uzeyir Uzeyir Jafarov. "Legal Professionals' Perspectives on the Challenges of Cybercrime Legislation Enforcement." Interdisciplinary Studies in Society, Law, and Politics 2, no. 4 (2023): 25–31. http://dx.doi.org/10.61838/kman.isslp.2.4.5.
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This study aims to explore the perspectives of legal professionals on the enforcement challenges of cybercrime legislation. It seeks to identify the key challenges within the legal framework, operational enforcement, and strategic policy-making that hinder the effective combat of cybercrime. Employing a qualitative research design, the study conducted semi-structured interviews with 30 legal professionals, including prosecutors, defense attorneys, judges, and legal scholars. The participant selection was based on purposive sampling to cover a broad range of insights into the enforcement of cybercrime legislation. Data collection adhered to the principle of theoretical saturation, ensuring a comprehensive exploration of the subject matter. Thematic analysis was utilized to identify patterns and themes within the data. Three main themes emerged from the analysis: Legal Framework Challenges, Operational Enforcement Challenges, and Strategic and Policy Challenges. Within these themes, several categories were identified, including the ambiguity of laws, jurisdictional issues, technological evolution, resource constraints, digital evidence management, cybercrime reporting and detection, interagency cooperation, prevention and awareness, legal professionals’ preparedness, policy development and implementation, stakeholder engagement, and future-proofing legislation. Each category was further broken down into specific concepts highlighting the multifaceted challenges in cybercrime legislation enforcement. The study reveals that legal professionals face significant hurdles in the enforcement of cybercrime legislation, stemming from legal ambiguities, operational limitations, and strategic gaps in policy-making. Effective enforcement requires addressing these challenges through clearer legal definitions, enhanced interagency cooperation, increased resources for digital evidence management, and forward-looking policy development. By addressing these issues, there is potential to significantly improve the effectiveness of cybercrime legislation enforcement.
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Machado, Renata, and Jonathan Downie. "Expectations regarding interpreters in Brazil in the light of pandemic-enforced technological change: A pilot study." Just. Journal of Language Rights & Minorities, Revista de Drets Lingüístics i Minories 3, no. 1 (2024): 191. http://dx.doi.org/10.7203/just.3.26652.
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This article examines stakeholder expectations of interpreters in the Brazilian legal system and how they may have changed with the shift to remote interpreting during the pandemic. The study explores stakeholder expectations of interpreters and the interplay of these expectations with the growth of remote interpreting. To do so, it builds on the growing awareness of the need to rethink the methods used to understand stakeholder expectations. The study is based on questionnaires administered to judges, prosecution, and defence lawyers, as well as interpreters themselves. These questionnaires explored their reactions to vignettes adapted from real-life experience and to specific questions, comparing the responses from both methods. The results revealed how remote interpreting has increased tensions between the perceived needs of interpreters and the perceived demands of those involved in the legal process. This article argues that interpreters’ expectations hinge on the concept of “linguistic presence,” a concept with different meanings for language professionals and legal professionals. The discrepancy is especially pertinent given the growth of remote interpreting and how it may impact the presence of the interpreter.
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Piskunova, Elena V. "The Discipline “Fundamentals of Personality Psychology” in the System of Professional Training of Forensic Experts." Rossijskoe pravosudie, no. 5 (April 24, 2025): 78–87. https://doi.org/10.37399/issn2072-909x.2025.5.78-87.
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The article analyzes the place, role and structure of the discipline “Fundamentals of Personality Psychology” within the educational program 40.05.03 “Forensic Examination”. Individual aspects of the forensic expert’s activities requiring psychological literacy are considered. In this regard, the concept of psychological competence of a forensic expert and its place in professional competence are studied. The correlation of psychological competence of a forensic expert with the formation of expert conviction and the risks of making expert errors is analyzed. The relationship between psychological literacy and the effectiveness of communication of a forensic expert with both professional participants in legal proceedings (judges, investigators, other experts) and non-professionals (persons under examination – witnesses, victims, suspects, accused) is indicated. The influence of psychological competence of a forensic expert on the assessment of the reliability of his conclusion is traced. Based on the conducted study, an approach to the structure, content and didactics of this discipline is proposed. In particular, it is proposed to include in the topics studied the problems of formation and structure of personality, its needs, motivational and emotional spheres, complex personal characteristics (character, temperament, orientation, etc.), self-awareness and self-development, speech and volitional properties of personality, social maturity and responsibility. A proposal was made to shift the emphasis from the academic component of the fundamentals of personality psychology to the formation of practical skills that can be used by students in the process of obtaining expert education and by forensic experts in the process of carrying out professional activities. The experience of teaching this discipline at the Russian State University of Justice is given. The direction for further research is determined.
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Stefaniuk, Małgorzata E. "Image of the Community of Legal Professionals in the Television Coverage – a Case Study." Studia Iuridica Lublinensia 33, no. 1 (2024): 301–22. http://dx.doi.org/10.17951/sil.2024.33.1.301-322.
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The aim of the study, which is of a scientific and research nature, is to present the mass media image of the community of legal professionals in Poland. It is a case study based on a specific television coverage in the form of a pseudo-documentary series titled Caste (Pol. Kasta) broadcast by Polish public television. This image is important for the correct organisation of social relations. The significance of the issue and the way it is presented deserve a closer insight, especially since lawyers have not been in high positions in public opinion polls on the prestige of professions for years. The pseudo-documentary was chosen as the research material for the study, because it falls within the broader concept of a documentary while being a certain novelty. For the purpose of the study, a test sample was selected. As a result of the research, it has been shown that the picture of the community of legal professionals presented in pseudo-documentary TV shows in Poland is negative. The usual plot of such shows is that as a result of various kinds of informal deals, unfair decisions are made which are harmful for the victims of the deal, for which the entirety of legal community is blamed, including primarily judges. Exceptions are very rare, and the only hope are young, idealist advocates who are presented as lawyer role models. The TV show Caste, operating unfair simplifications and stereotypes, was part of a series of actions aimed at discrediting the legal community in Poland and did not improve its image. The balance between facts and fiction has been disturbed, which served to support a presupposition that Polish realities are flawed due to the conduct of legal professionals, especially judges. Only those problems in the judiciary have been emphasised, which have helped to prove the need for reform, particularly corruption. Educational opportunities typical of this form of communication were not used, hence the level of legal awareness of Polish society was not raised. It can be hypothesized that the presented image from a medium that constitutes the main source of information and has the largest audience, could have affected the opinion about legal practitioners in Polish society. The TV series met a response from the public, which however requires a separate study.
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Bobrovnyk, S. V. "Judicial interpretation: features and practical significance." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 50–57. http://dx.doi.org/10.33663/2524-017x-2021-12-8.
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Reforming the main spheres of life of modern society causes a significant increase in the importance of law as a social value, a means of ensuring a compromise of social needs, interests and opportunities. Thus, the need for interpretation in law is due not only to the imperfection and ambiguity of the law itself, but also the essence of the right of implementation, which requires interpretation of the law. Violation of the rules of interpretation has serious consequences associated with the violation of human rights and freedoms. The difficulty of understanding the interpretation is related to such factors as: the complexity of the law itself and the sources of its manifestation; the complexity of the interpretation process, which includes clarification and clarification of norms; prevalence of interpretation at all stages of legal regulation; features of subjects of law performing interpretations; multifaceted purpose of interpretation; the prevalence of interpretation results. This makes it possible to argue that there are peculiarities of interpretation in relation to the type of legal activity. The process of interpretation also has its peculiarities in the activity of judges. Judicial interpretation can be defined as the intellectual and volitional activity of courts, based on professional knowledge, carried out in certain ways and using special methods to clarify the content of the applicable law; making a judicial decision; finding a compromise of different interests. Its necessity is determined by the general nature of legal norms; features of the external expression of legal norms; features of the language of law and the rules of presentation of legal norms in the text of the normative legal act; systematic legal requirements; a significant amount of regulatory material used; ambiguity of legal terminology and normative consolidation of several options of behavior, which are chosen by the subjects at their own discretion; conflict and inconsistency of regulatory material. An important aspect of the analysis of judicial interpretation is to clarify its features as a process of thinking. First,in the process of mental activity, the judge can not only find out the direct meaning of the norm, but also reveal its hidden meaning. We are talking about the ambiguity of the wording of legal norms, which directly affects their content. In this case, the judge chooses the meaning of the rule that most fully takes into account the circumstances of the case. Such a situation is possible in the absence of the content included in the norm, which is objectively caused by the practice of its application and the objective needs of society. Secondly, the judge’s mental activity takes place in the case of studying the case file, the evidence presented and the degree of validity of the decisions of the bodies conducting the pretrial investigation or the materials and evidence provided by the parties. Interpreting these documents, the judge chooses those that constitute the evidence base of the case and are sufficiently substantiated. Third, it is the choice of the necessary method of interpretation that corresponds to its purpose. It is important to understand the interpretation and concretization of the legal prescription in order to understand the content of the norm in the process of interpretation. As we know, concretization is the extension of an abstract norm to a certain case or subject. Concretization is the meaning of law enforcement. It is through the issuance of a judicial decision that a rule of law acquires a concretized meaning, extends to a certain situation or regulates the behavior of a certain individually determined subject. If the formal interpretation obliges the judge to clearly follow the text to be interpreted guided solely by the principle of legality, which can lead to an ill-considered, unjust decision, then a realistic way allows in the interpretation to apply the principles and ideas of morality, justice, which can increase the efficiency of judicial activity. Both of these approaches have positive and negative features. After all, if a judge is guided exclusively by the provisions of the law, then, on the one hand, he will ensure compliance with the rule of law and create conditions for improving the effectiveness of law and legal regulation and, on the other hand, he may not ensure fairness and compromise of conflicting interests. law-making in the conditions of dynamic development of social relations. Overcoming the negative aspects of judicial interpretation depends on a number of objective factors related to the quality of legislation, lack of political influence on justice, provision of judges with decent remuneration and working conditions, lack of pressure from higher courts, formation of respect for judicial activity by society. Of great importance in this process is the subjective factors related to the level of training of the judge, the presence of practical experience, his idea of justice, the level of awareness of the generalizations of judicial practice, its legal culture and legal awareness. These factors may affect the appropriate combination of factual and realistic interpretation of legal norms in the justice process. It is important to achieve the goal of interpretation, which can be interpreted with a certain opposite. After all, on the one hand, it consists in intellectually comprehending the will of the legislator and ensuring its concretization in the judicial decision, and on the other hand, this goal should be connected with ensuring justice of the law by taking into account the specifics of a particular case. The combination of these seemingly opposing aspects of the purpose can be ensured by the judge’s justified and appropriate choice of method and method of interpretation. The peculiarities of judicial interpretation are that a judge must not only know the law, but also be able to apply it; must choose the alternative provided by the legal act, which is appropriate and ensures the fairness of the decision; to overcome the double meaning of the legal requirement by intellectual and volitional activity and inner conviction; take into account the causal relationship of interpretation - decision – execution of the decision; adhere to the powers granted and the procedural requirements for their implementation; be aware of the importance of judicial interpretation not only for a particular decision, but also for judicial practice. Interpretation is an important prerequisite for the concretization of law, a means of ensuring its legitimacy and the fact of its high efficiency. In our opinion, interpretation in the process of concretization can take place: in the case of application of imperfect rules of legal technique, which has an incomplete wording and ends with a statement, etc., in other cases; in case of availability of evaluation categories that need clarification; in case of making changes, additions to the legal instruction or its cancellation; in case the judge clarifies the content of the norm in the process of judicial discretion. Keywords: law, law enforcement, interpretation, court interpretation, judicial decision.
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Mohanty, Madhubrata. "Establishment of Lawyers’ Academy to Promote Legal Education— The Need of the Day." Asian Journal of Legal Education 4, no. 2 (2017): 176–81. http://dx.doi.org/10.1177/2322005817696545.
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The imparting of legal education has passed through a number of phases throughout its development, but it is still in need of more promotion regarding its various perspectives. People from different strata of the society still consider the legal profession as a last resort, sometimes due to lack of awareness and sometimes due to lack of proper education. The poor performance of the institutions imparting legal education can also be considered as an additional factor to this issue. At such a juncture, it is high time to establish such an institution that would work for the promotion of legal education as well as to train the budding lawyers of the country regarding the sanctity of legal profession so as to make this profession the most alluring one amongst the law graduates. Only establishment of a lawyers’ academy will not suffice; it should get the patronization of senior advocates, judges and academicians of high repute. ‘Law’ has always acquired a distinct position in the mythology and history of Indian culture, be in one form or other, and people have often been punished for ignorance of law. Still no remarkable development has been made in the imparting of legal education, and now it is high time to think of the matter seriously, and instead of promoting for legal process outsourcing by our legal professionals for foreign countries, let more and more opportunities be created by our own country to accommodate these professionals to serve our own country.
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Kadi, Sanaa. "Accounting and Legal Disputes in Islamic Banking and Finance." Journal of Islamic Economic Laws 8, no. 01 (2025): 19–40. https://doi.org/10.23917/jisel.v8i01.6915.
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This paper explores the role of accounting for Islamic finance in dispute settlements in the Islamic banking and finance (IBF) industry. This study adopts a legal approach, using an analysis design to investigate the main principles and processes of dispute resolution in Islamic finance. The study involves a comprehensive review of relevant legal sources, including Islamic law, national laws and regulations, court judgments, legal opinions, and industry standards. The study shows that the promotion of legal certainty will require a strong base of legal and Islamic finance professionals and the competence and awareness of accountants, lawyers, and judges. The study also shows that financial records, statements, and documentation have a significant role in resolving disputes. Accounting records can provide evidence of transactions and terms agreed upon. Properly documented and transparent accounting practices can help clarify the nature of the dispute and contribute to finding a fair and efficient resolution in the context of Islamic financial activities. This study provides practical implications for IBF stakeholders in managing legal disputes, such as helping Islamic financial practitioners recognize the importance of integrating robust accounting practices, clear financial reporting, and transparent disclosure mechanisms. These practices are pivotal not only for the industry’s credibility but also for effective disputes resolution.
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Mandelstam, Michael. "A Question of Good Practice? Community Cafe Law and Occupational Therapists." British Journal of Occupational Therapy 61, no. 8 (1998): 351–58. http://dx.doi.org/10.1177/030802269806100803.
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Occupational therapists working in social services departments and delivering community care continue to be subject to anxiety about the legality of some of their actions. This article considers aspects of relevant legislation, decisions of the law courts and recommendations of the local ombudsmen. Community care law, afflicted by uncertainties and rapid change, sometimes lacks neat and precise answers; even so, legal awareness will assist occupational therapists to ask the right questions about the lawfulness of the local authority policies to which they work and of the individual decisions flowing from those policies. Readers might conclude that they face a formidable legal minefield, but will also observe that the principles applied by the law courts coincide to a significant extent with good professional practice and basic common sense. For example, judges have dealt with issues such as individual and holistic assessment of need, the importance of assessment as a benefit in its own right, bringing an open mind to assessment, taking account of what service users have to say, looking out for exceptional needs, identifying a range of solutions, formulating coherent care plans, writing accurate letters and keeping good records. In combination, lawful decision making and good practice form a dual incentive for occupational therapists to improve standards of service, even if both are sometimes jeopardised by the short cuts forced on local authorities by limited resources.
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Kravchuk, O., and I. Ostashchuk. "Philosophy and genesis of the judicial oath and the oath of office." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 3(47) (January 29, 2021): 71–79. http://dx.doi.org/10.20535/2308-5053.2020.3(47).229421.
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The main features of the philosophy and genesis of the judicial and the oath of office are considered in the article. An oath is a conventional conditional-symbolic act based on an appeal to a person’s conscience in his conscious intention to identify and adhere to certain accepted values, as well as to a certain institution, a defined community or a specific representative of power. Judicial oath and oaths of office have both religious and legal origins, as they belong to the universal foundations of the formation of social institutions. The deep-rooted perception of the need to take and keep the oath in the performance of functional duties and the rule of law is traced in the article on selected examples from the history of Europe. There is a common feature of religious and modern judicial oaths and oaths of office. All of them are based on the inner moral imperative of man, on the awareness of one’s own responsibility and human dignity. The modern acceptance of some oaths with respect to a certain subject (Bible, crucifix, constitution, code, flag) has prehistoric roots, which indicates the precedence of symbolic gestures and movements of verbal texts in primitive rituals. In the Middle Ages, judicial oaths and oaths of office already used references to elements inherent in modern European tradition, in particular, justice and impartiality. The obligation to strictly reproduce the formula when taking a certain judicial oath or oath of office has an ancient Roman basis. In Rome to swear (iurare) meant to proclaim the formula “ius iurandum” (“oath”, literally – “the formula that must be formulated”). The oath of judicial lawyers (judges, prosecutors, lawyers) is a mandatory element of the beginning of the professional activity in the area of Justice. It appears as a ceremonial act, which publicly certifies a person’s readiness to perform the important duties assigned to him. In modern Ukraine, the oath is taken by judges and other officials at the beginning of their professional activity.
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Boshytskyi, Yuriy. "Deepening citizens’ legal culture as a means of the optimization of intellectual property protection in Ukraine." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 300–305. http://dx.doi.org/10.36695/2219-5521.2.2020.57.
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The article covers the result of theoretical modeling of the optimal state policy in the field of intellectual property. In particular,its elements are defined as follows: optimization of knowledge in the field of legal protection of intellectual property, legal consciousnessof citizens, protection of authors of objects of intellectual property from illegal encroachments by unscrupulous producers, etc. Ina market economy, legal regulation of intellectual creativity is of greatest importance. In this field the most serious problem is the lowlevel of legal culture of Ukrainian citizens and of education in the field of intellectual property. Due to this, there is inadequate professionaltraining of judges, employees of the Ministry of Internal Affairs, of the Security Service of Ukraine, of customs and tax services,and other specialists, whose activities are related to intellectual property relations. Thus, the article analyzes the inconsistencies of intellectualproperty legislation, the imperfection of the regulatory framework for regulating general issues of intellectual property, and thedistribution of rights to the results of creative activities, covered by budget funds. It is proposed to optimize legal regulation of invention,to improve public relations promoting positive influence of external factors on rates of acceleration and optimization of invention,on social orientation of invention, on realizing and coordinating interests of participants of an innovation cycle among themselves andwith the interests of society, on combining management mechanisms of economics and invention, on achieving the unity of the sociallydesirable goal of the scientific and technical cycle, etc.It is also stated that the effective development of the creation and use of objects of intellectual property and their effective andproper legal protection increasingly depends on the level of legal culture of citizens. It is substantiated that deepening legal culture ofcitizens and their legal awareness is an important factor in improving the protection of intellectual property in Ukraine as a whole.The legal culture of society covers all the achievements of the legal life of society, characterizes its growth in respect of values,its level of development, its perfection in the general context of social progress. The legal culture of an individual is a positive qualityof development of the legal life of the individual, which provides the necessary level of legal knowledge, understanding its social value,the ability to exercise one’s legal rights and to perform consciously one’s legal duties.The article offers the reinterpretation of the problem of cultural education of future lawyers, of the need for radical renewal ofthe organization and the implementation of professional training. In any society, along with the rule of law, there must also be the ruleof legal culture. Therefore, in the presence of the rule of cultural principles, the professional consciousness of a lawyer, the spiritualparameters of his legal actions could be formed.
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Hdanskyi, Nazar. "Inacceptability of influence by prosecutors and lawyers on the activities of judges." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 41 (2024): 58–67. http://dx.doi.org/10.23939/law2024.41.058.
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Prosecutors and lawyers, whose work involves ensuring the application of the law and, at the same time, diligently respecting court decisions, the enforcement of which is often their duty, must protect the right to appeal during their execution. It is clear that the reverse is also true: judges must respect prosecutors as representatives of these professional bodies and not interfere with the performance of their duties. According to Article 124 of the Constitution of Ukraine, judicial decisions are binding throughout the territory of Ukraine and are therefore considered lawful until they are annulled in appellate or cassation order or reviewed by a competent court in another manner prescribed by procedural law, within the proceedings in which they were made. This rule can be characterized as the presumption of legality of judicial decisions. It is an important guarantee of the independence of judges in making decisions. From this constitutional provision, it follows that the exclusive right to verify the legality and justification of judicial decisions belongs to the respective court, as defined in accordance with procedural legislation. Challenging judicial decisions, the activity of courts and judges regarding the consideration and resolution of cases outside the procedure provided by procedural law, is not allowed. The term "judicial decision" should also be understood to include the court's verdict, ruling, or decision. The requirement of legality means the court's compliance with norms of substantive and procedural law. Procedural law norms are considered violated if the consideration and resolution of the case were carried out by an unauthorized court. A judicial decision is deemed justified if it is made by the court based on circumstances in the legal case that are fully and comprehensively clarified based on evidence examined by the court. Therefore, the issuance of a justified judicial decision is contingent upon how effectively the court determined the subject of the judicial review, the subject of proof, and adhered to the entire set of rules regulating the procedural order of gathering, examining, and evaluating evidence. A just judicial decision must also be properly motivated. The right to a fair trial, guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the role of the prosecution in the criminal justice system, adopted by the Committee of Ministers, includes the right to a judicial decision that is properly motivated. Typically, a motivated judicial decision is one with a proper and comprehensive statement of the reasoning part in its text. It is necessary to distinguish two main directions of interaction between judges and prosecutors. On one hand, there are relations between judges and prosecutors arising from procedural principles and rules, which directly affect the effectiveness and quality of justice. In Opinion No. 11(2008) on the quality of judicial decisions, the Consultative Council of European Judges indicates that the standards of quality of judicial decisions directly depend on the interaction of various participants in the judicial process. On the other hand, there are relations arising from the professional behavior of judges and prosecutors, involving mutual respect for each other's tasks and constructive dialogue between judges and prosecutors, as well as lawyers. The rule of prosecutorial ethics established in this article is aimed at maintaining the authority of justice, ensuring respect for the independence of judges, and according to paragraph 8 of part 1 of Article 3 of the Law of Ukraine "On the Prosecutor's Office," it is one of the principles of the prosecutor's office's functioning. At the same time, prosecutors should not publicly defend the justification of court decisions. Public statements or comments are considered those made during the performance of one's duties or using an official position, as well as with the awareness of the possibility of their publication in the press, broadcast on radio, television, or using other mass media; disseminated on the Internet or using other means of telecommunication; presented in assessments, statements, letters addressed to other persons; announced in public speeches, etc. Prosecutors are prohibited from publicly expressing, in the presence of others, any doubts about the justice of judicial decisions outside the procedure for their appeal, including through their behavior (non-verbally). Likewise, the justice of a judicial decision should be assessed by the prosecutor exclusively in the context of its legality and adherence to the decision-making procedure. Furthermore, interference or any influence in cases or in a manner not provided by law on the activities of judges, including through public statements regarding their decisions, actions, or inactions, in the absence of signs of administrative or criminal offenses, is a separate ground for the disciplinary responsibility of prosecutors (paragraph 8 of part 1 of Article 43 of the Law of Ukraine "On the Prosecutor's Office"). Even if a prosecutor identifies what he believes to be a knowingly unjust judicial decision, i.e., signs of a criminal offense committed by a judge as provided by Article 375 of the Criminal Code of Ukraine, public statements about it would also be unethical as it would undermine the authority of the judiciary as a whole. Judges and lawyers must be independent in the performance of their duties. This independence is affirmed by the Codes of Conduct for each profession (paragraph 7 of Opinion (2013)16 of the Consultative Council of European Judges on the relations between judges and lawyers).
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Dufeniuk, O. M. "Optimizing the balance between education and practice as a factor in improving the quality of criminal proceedings." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 335–41. http://dx.doi.org/10.24144/2788-6018.2023.02.58.
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This paper is part of a study of balance in criminal proceedings. According to the author’s concept, this balance is realized (1) at the level of institutions, (2) at the level of practice, and (3) at the personal level. At the personal level, a prominent place is given to the education of personnel of pre-trial investigation bodies, prosecutors and judges. Synergy and a close correlative connection between education and practice form the basis of high-quality criminal proceedings and implementation of the tasks of the criminal justice system. The scientific doctrine contains a critical vision of modern legal education in Ukraine. Therefore, the purpose of the study is to explain the author’s answer to the question: how to optimize the professional training of subjects of criminal procedural activity. The substantive part of the article is divided into three sections. The first chapter deals with changing approaches to the educational process (awareness of the impossibility in the modern world to prepare a specialist for all cases; the need to develop self-education skills; the prevalence of interactive, innovative methods of professional training; the development of creative thinking; the need to review the requirements for methodical support of the educational process). Attention is drawn to the institute of assistant investigator. The second chapter is devoted to the problems of reforming the mentoring institute (implementation of measures to stimulate the performance of the mentor’s duties; changes in approaches to the criteria for evaluating the quality of practical training; analysis of the experience of foreign colleagues regarding gradual “entry” into the profession). In the third section, the issue of reforming the institute of professional development of the personnel of pre-trial investigation bodies, the prosecutor’s office and the court is considered (predominance of training, pluralism of topics and the possibility of choosing the direction of professional development by the target audience for the acquisition (strengthening, improvement) of certain competencies). The final part of the article provides a brief summary of the research results.
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PANCHENKO, INESSA, and IRINA PEREPECHINA. "DIFFERENTIATED APPROACH TO THE CONTENT AND VOLUME OF FORENSIC MEDICAL KNOWLEDGE IN COMPETENCES OF DIFFERENT SUBJECTS OF LEGAL PROCEEDING." Gaps in Russian Legislation 14, no. 5 (2021): 362–69. http://dx.doi.org/10.33693/2072-3164-2021-14-5-362-369.
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Aim of the article: to conduct a legal analysis of a differentiated approach to the content and volume of special forensic medical knowledge in the competence of various subjects of legal proceedings for their effective implementation of the norms of criminal procedure and other legislation, as well as of the educational context, within which preparation for professional activities requiring a certain the scope of the relevant competencies is conducted. Conclusions. The article deals with the requirements for the competence in the field of forensic medicine of various subjects of legal proceedings. Expert consciousness (as an integral system of expert thinking, expert knowledge, expert intuition, etc.) is attributed to the special competence of medical persons professionally knowledgeable in the field of forensic medicine. The lawyers participating in the proceedings are assigned an integrating and coordinating role, which requires general competence in forensic medicine, in particular, awareness of the modern possibilities of forensic medical examination and other forms of procedural and non-procedural application of forensic medical knowledge. The specified differentiated approach to the scope of competences of various subjects of the legal process does not imply any consolidation, interchangeability, but directly stipulates the need for goal-setting cooperation within the framework of a strict separation of the procedural roles assigned to these subjects, the integrity of the system of expert consciousness with the separation from it of the minimum necessary elements of forensic medicine knowledge sufficient to implement the procedural role of the investigator and other procedural ones. The consequences of the gaps are predictably negative in the education of lawyers, in particular, investigators, prosecutors, advocates and judges, caused by the absence of the discipline “Forensic medicine” in the basic (compulsory) part of the federal state standard of higher professional education in the field of “Jurisprudence”. The formation of an effective model of cooperation seems to be of current interest between subjects of legal proceedings with considering the establishment of differentiated requirements for the volume and content of forensic medical competencies. The complex structure of forensic competences, qualification requirements for forensic medical experts, the peculiarities of the education of medical specialists - should be taken into account by the subjects of the investigation, the court when involving forensic experts and other doctors to participate in the proceedings. It is necessary to change the wording of Art. 178 of the Criminal Procedure Code of the Russian Federation: «with the participation of a forensic medical expert, and if one’s participation is impossible, - for a doctor» to the wording: «with the participation of a forensic medical expert, and if his participation is impossible, - for another doctor».
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Mphi, Teboho Reginah, Makhetsi Makha-Ntlaloe, and Mape John Mohlomi. "Lost in Translation: Navigating Linguistic Challenges in Lesotho High Court Trials." REiLA : Journal of Research and Innovation in Language 5, no. 2 (2023): 200–215. http://dx.doi.org/10.31849/reila.v5i2.14201.
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Court interpreting services are an essential component of the Lesotho’s legal system to ensure that everyone has access to justice and can present their cases in the language of their choice, more especially at the Lesotho High Court where English is the language of the court. Effective court interpreting requires interpreters with, among other things, high level of linguistic and cultural proficiency in their working languages, strategic competence, and a set of specific skills. However, the lack of formal professional training for court interpreters can have serious consequences on both the communication and the decisions of the court. Following the methodological principles of a qualitative case study explored strategies employed by the Lesotho High Court interpreters in their attempt to address linguistic challenges that they often encounter during their facilitation of communication between judges, lawyers and plaintiff/defendant/witnesses. The study further examined how such strategies may affect communication of the intended message in the interpreter’s renditions. Employing a pragmatic approach guided by Gricean maxims, this paper discussed a purposive sample of 19 excerpts extracted from the transcripts made from ten audio recordings of criminal cases from the Lesotho High Court. The study discovered that such strategies were employing to address linguistic challenges such as terminological challenges, long sentences and incomplete or too brief source language utterances. The study further established that the use of the identified strategies may distort the original speaker’s intended message and hence misinform the witnesses and/or target recipients, which in turn could result in an unfair trial. To enhance the court interpreting process to uphold fairness and clarity in legal proceedings, this paper therefore recommends that the Lesotho High Court should provide formal training to its interpreters to raise their awareness of the strengths and weaknesses of the strategies they use.
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Fernandes, Andre Gonçalves. "Ética profissional , deontologia jurídica e ética judicial." REVISTA QUAESTIO IURIS 15, no. 3 (2022): 946–86. http://dx.doi.org/10.12957/rqi.2022.48151.
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Resumocomo premissa, apresenta o trabalho profissional na realidade contemporânea e estabelece os liames entre a ética filosófica e a ética profissional e seus reflexos na práxis jurisdicional. A partir da consciência judicial e do labor jurisdicional, estuda a importância do aprimoramento ético do juiz no seio da realidade comunitária, critica a visão codificante da ética profissional e discorre sobre os principais princípios de deontologia jurídica. Pautado pelo método de pesquisa bibliográfico de textos e obras estrangeiras que são referenciais no assunto, objetiva o desenvolvimento dos aportes teóricos, práticos e epistemológicos do problema ético no campo do agir jurisdicional do magistrado, tomado como um sujeito moral e inserido numa certa ordem moral, a fim de propiciar, como resultado, o desvelamento de uma proposta de práxis em que o juiz administre a distribuição dos direitos, deveres, bens, prêmios, sanções e honrarias, em consideração final ao justo concreto historicamente situado e com base no aperfeiçoamento de seu caráter moral que implique no aprimoramento qualitativo da prestação jurisdicional.Palavras-chave: Trabalho; Ética Profissional; Deontologia jurídica; Ética judicial. AbstractAs a premise, it presents professional work in contemporary reality and establishes the links between philosophical ethics and professional ethics and their reflections on jurisdictional praxis. Based on judicial awareness and jurisdictional work, it studies the importance of the ethical improvement of the judge within the community reality, criticizes the codifying vision of professional ethics and discusses the main principles of legal deontology. Guided by the bibliographic research method of foreign texts and works that are references on the subject, it aims to develop theoretical, practical and epistemological contributions to the ethical problem in the field of jurisdictional action of the magistrate, taken as a moral subject and inserted in a certain moral order, in order to provide, as a result, the unveiling of a proposal of praxis in which the judge manages the distribution of rights, duties, assets, awards, sanctions and honors, in final consideration to the historically situated concrete fair and based on the improvement of its moral character that implies the qualitative improvement of the jurisdictional provision.Keywords: Work; Professional ethics; Legal ethics; Judicial ethics.
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Meniv, L. "Settlement of labor disputes through mediation." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 181–85. http://dx.doi.org/10.24144/2307-3322.2022.71.30.
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The article is devoted to the issue of settlement of labor disputes through mediation. It is noted that labor disputes are one of the most numerous legal disputes and the most common among the jurisdictional forms of protection of labor rights is judicial protection. But in the conditions of war, when many workers became internally displaced persons, were forced to leave our state, courts do not work, there is a need to find alternative justice. Mediation is an effective mechanism for out-of-court dispute resolution.
 It is noted that the expediency of using the mediation procedure as a primary way to protect the rights and legitimate interests of the parties to labor relations, compared to litigation and CCC proceedings, is evidenced by the fact that such mediation can provide a speedy resolution of labor disputes. The institute of mediation is a positive legislative decision in Ukraine, which will reduce the duration of labor disputes, the cost of litigation from the state budget, reduce the workload of courts.
 It is concluded that mediation as a way of resolving labor disputes is an extrajudicial voluntary, confidential procedure initiated by the subjects of labor law (employee or employer) to involve an independent, impartial, professional mediator (mediator) to achieve a joint settlement of labor disputes and continue labor relations between them.
 Although there is a growing interest in mediation of labor disputes, the low level of legal culture, low level of trust in mediation, lack of awareness of society in general and citizens in particular about mediation, its benefits as an alternative to litigation, the difficulty of choosing a mediator as a highly professional does not contribute to the rapid development of mediation of labor disputes.
 In the conditions of martial law, mediation of labor disputes is especially relevant. After all, the imposition of martial law throughout the country was reflected in the administration of justice by the courts of Ukraine. In order to prevent threats to the lives and health of judges and participants in the trial in the temporarily occupied territories of the state, the administration of justice has been suspended. In other areas, the courts continue to administer justice, however, with certain features and to ensure the smooth operation of the courts during the war is extremely difficult. Therefore, in a state of war, mediation is an alternative to the judicial process of resolving labor disputes and resolving conflicts.
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Rossinskiy, Sergey. "Expert as a scientific judge: we return to the discussion of a forgotten problem." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 4 (2020): 132–41. http://dx.doi.org/10.35750/2071-8284-2020-4-132-141.
Full textAbstract:
In this article, the author continues his series of publications devoted to the problems of evidence in pre-trial proceedings in a criminal case. The article considers one of the most controversial procedural ways to establish circumstances that are important for a criminal case – judicial examination. Draws attention to a serious procedural feature of an expert, reminding not so much the rights of participants of criminal proceedings considered in Chapter 8 (Criminal procedure code) of the Russian Federation, as the jurisdictional powers of the bodies of preliminary investigation and trial. The author believes that the opportunity given to the expert to assess the actual quality of the research objects and their total adequacy to formulate certain conclusions compare him to a scientific judge. The author examines in detail the reasons that encouraged the scientists to abandon the idea of an expert as a scientific judge, and comes to the conclusion that they are wrong and farfetched. This allows us to think about changes in the doctrinal and legislative approaches to the role of an expert as a subject of evidence in criminal proceedings, namely, the prospects for granting him the authority to establish certain factual circumstances through the use of special knowledge. At the same time, attention is drawn to the fact that the proposed innovations will inevitably require undamentally different approaches to the training of judicial experts, to their training and education as highly professional subjects with an appro-priate level of legal awareness, legal understanding and responsibility for the results of research and conclusions.
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Baharuddin, Radesyah Pratiwi, and Muhammad Arif Hanafi. "PENERAPAN RESTORATIVE JUSTICE TERHADAP ANAK SEBAGAI KORBAN KEJAHATAN PADA PENGADILAN NEGERI MAKASSAR." Indonesian Journal of Legality of Law 6, no. 2 (2024): 232–39. http://dx.doi.org/10.35965/ijlf.v6i2.4528.
Full textAbstract:
Kasus terhadap anak dewasa ini menjadi perhatian tersendiri dalam penegakkan hukum khususnya di Pengadilan Negeri Makassar, tingginya angka kasus terhadap anak dan penyelesaian dengan penerapan restoratif justice membuat penulis tertarik meneliti secara mendalam penerapan tersebut. Penelitian ini bertujuan untuk mengetahui dan menganalisis penerapan Restorative Justice System dalam penanganan perkara pidana yang melibatkan anak sebagai korban tindak pidana kejahatan di Pengadilan Negeri Makassar dan faktor-faktor yang mempengaruhi penegakan atau penerapan Restorative Justice System di Pengadilan Negeri Makassar. Tipe penelitian ini adalah penelitian hukum empiris atau penelitian nondoctrinal yang berorientasi pada pendekatan terhadap perlindungan anak sebagai korban kejahatan dengan pendekatan Restorative Justice System. Metode analisis data dalam penelitian ini menggunakan metode analisis kualitatif. Analisis data kualitatif dilakukan terhadap data yang tidak dapat dikuantifikasikan, yakni semua data primer, dan data sekunder, demikian juga bahan pustaka, jurnal ilmiah hukum, dan peraturan yang berhubungan dengan masalah perlindungan anak sebagai korban kejahatan dengan pendekatan Restorative Justice System. Hasil penelitian ini adalah Penerapan Restorative Justice System dalam penanganan perkara yang melibatkan anak sebagai tindak pidana kejahatan di Pengadilan Negeri Makassar belum terlaksana secara efektif, adapun faktor-faktor yang mempengaruhi adalah faktor trauma anak, struktur hukum, kesadaran hukum Masyarakat, budaya hukum, dendam keluarga serta sarana dan prasarana. Rekomendasi pada penelitian ini adalah perlu diadakan pendekatan psikologi secara khusus kepada anak yang menjadi korban kejahatan, agar jiwa dan mental yang tadinya terganggu dapat dipulihkan kembali secara normal, demi masa depannya, agar sarana dan prasarana pendukung tugas para hakim, ditingkatkan sehingga dapat mendukung dan menopang pelaksanaan tugasnya pada bidang Restorative Justice System, khusus kejahatan yang menimpa seorang anak, perlu dilakukan upaya penyuluhan hukum kepada seluruh lapisan masyarakat khususnya keluarga anak, yang berhubungan penyelesaian kasus kejahatan terhadap anak dan kasus-kasus tertentu dengan Restorative Justice System, agar pendidikan formal dan non formal pada struktur hukum yakni para hakim sebagai mediator, ditingkatkan pendidikannya baik secara formal maupun non formal melalui pelatihan, bimbingan teknis atau semacamnya, agar dapat lebih profesional dalam penyelesaian dengan Restorative Justice System. Cases against children today are a separate concern in law enforcement, especially in the Makassar District Court, the high number of cases against children and the settlement with the application of restoratif justice makes the author interested in examining in depth the application. This study aims to determine and analyze the application of the Restorative Justice System in handling criminal cases involving children as victims of crime in the Makassar District Court and the factors that influence the enforcement or application of the Restorative Justice System in the Makassar District Court. This type of research is empirical legal research or non-doctrinal research oriented towards the approach to the protection of children as victims of crime with the Restorative Justice System approach. The data analysis method in this research uses qualitative analysis method. Qualitative data analysis is carried out on data that cannot be quantified, namely all primary data, and secondary data, as well as library materials, legal scientific journals, and regulations related to the issue of child protection as a victim of crime with the Restorative Justice System approach. The results of this study are the application of the Restorative Justice System in handling cases involving children as criminals in the Makassar District Court has not been implemented effectively, while the factors that influence are child trauma factors, legal structure, public legal awareness, legal culture, family resentment and facilities and infrastructure. The recommendations in this study are that a special psychological approach needs to be held to children who are victims of crime, so that the soul and mentality that was previously disturbed can be restored normally, for the sake of their future, so that the facilities and infrastructure supporting the duties of judges, are improved so that they can support and sustain the implementation of their duties in the field of Restorative Justice System, especially crimes that befall a child, It is necessary to conduct legal counseling efforts to all levels of society, especially children's families, relating to the settlement of crimes against children and certain cases with the Restorative Justice System, so that formal and non-formal education in the legal structure, namely judges as mediators, is improved both formally and non-formally through training, technical guidance or the like, so that they can be more professional in solving with the Restorative Justice System.
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Darmika, I. Made Rudy, Sagung Laksmi Dewi, and I Made Minggu Widyantara. "Tindakan Kriminalisasi Terhadap Seseorang Dengan Menggunakan Instrumen Undang-Undang ITE." Jurnal Konstruksi Hukum 3, no. 2 (2022): 344–50. http://dx.doi.org/10.55637/jkh.3.2.4835.344-350.
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Criminalization is a change in the value of changing many charges that were previously not criminal and not criminal into acts that are considered cunning and need to be punished. This research aims to find out how to regulate someone who commits an act of criminalization and the legal remedies that must be taken if someone is criminalized. This research is a type of normative and conceptual research on this problem. conceptual, case and comparative. This research emphasizes the interpretation and construction of law to obtain several legal norms, conceptions, lists of regulations and their implementation in concrete cases. From the discussion, the following results were obtained: The act of criminalizing a person using the ITE law instrument, which as previously explained is a concern for me as a writer for criminalization which is currently very common in Indonesia with various types of cases. Human rights that protect the right of every individual to express opinions and thoughts in public. His suggestion is the need for integrity from a judge who decides a case later so as not to make a wrong and unfair decision because he decides to punish someone who should be innocent but is found guilty. And the importance of awareness from law enforcement authorities is demanding someone who previously did not commit a crime but seems to have committed a criminal act or criminalized someone so that they have strong and professional integrity, always prioritize the legal interests and justice of the people or the majority above personal interests so that later cases like this not seen again in the future.
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Sunia, Muhammad Rizki Mauludin, and Okta Ainita. "ANALYSIS OF THE IMPLEMENTATION OF CRIMINAL SANCTIONS ON ACTION OF RUBBER CONTINUOUS CRIMINAL ACTION IN RUBBER PLANTATION PT. PERKEBUNAN NUSANTARA VII UNIT KEDATON DESA SABAH BALAU KECAMATAN TANJUNG BINTANG REGENCY OF LAMPUNG SELATAN." Progressive Law Review 2, no. 01 (2020): 35–45. http://dx.doi.org/10.36448/plr.v2i01.26.
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Criminal acts can encourage other people to commit crimes, because many parties involved in criminal acts such as receiving, buying or accommodating goods from the crime of theft. The problem in research is what is the factor that causes the perpetrators to commit criminal acts of rubber gum extraction at PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, how to apply criminal sanctions against perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang Subdistrict, South Lampung Regency, based on Decision Number 313 / Pid.B / 2018 / Pn.Kla and How is the crime prevention effort for perpetrators of criminal acts of rubber latex in PT. Perkebunan Nusantara VII Unit Kedaton, Sabah Balau village, Tanjung Bintang District, South Lampung Regency. The judge should give criminal sanctions to the defendant to consider juridical factors as stipulated in the law. It is expected that the related law Enforcement officers will be more professional in carrying out their duties in upholding the law against perpetrators of fraud in office, and the public has legal awareness to report immediately if there is a similar crime.