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Journal articles on the topic 'Specialized court'
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1
Crouch, Melissa. "The Challenges for Court Reform after Authoritarian Rule: The Role of Specialized Courts in Indonesia." Constitutional Review 7, no. 1 (May 31, 2021): 1. http://dx.doi.org/10.31078/consrev711.
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Political transitions from authoritarian rule may lead to a process of court reform. Indeed, court reform has been a central pillar of the law and development movement since the 1960s. What challenges do court reform efforts face after authoritarian rule in Indonesia and to what extent can specialized courts address these challenges? In this article, I examine court reform and the establishment of specialized courts in Indonesia post-1998. I argue that we need to pay attention to the politics of court reform after authoritarian rule. Specialized courts as a type of institutional reform need to be considered together with judicial culture in order to address fundamental challenges in the courts.
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Tutty, Leslie M., and Jennifer Koshan. "Calgary's Specialized Domestic Violence Court: An Evaluation of a Unique Model." Alberta Law Review 50, no. 4 (July 1, 2013): 731. http://dx.doi.org/10.29173/alr74.
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Specialized domestic violence courts are a recentinnovation in the justice system’s response to domestic violence, with the objective of more effectively addressing domestic violence by jointly holding offenders more accountable and improving safety for victims. Calgary’s court, developed in 2001, began as a unique model focusing on DV specialization in the docket court, speeding entry into the justice system,and treatment for low risk offenders. In 2005, DV specialization was expanded to the trial court. This article presents data on over 6,407 cases from a ten-year period, 1998 to 2008, capturing the development of the model over the years from baseline, specialized docket to specialized trial courts. The results cover the characteristics of the accused and victims, criminal history, and court outcomes. It also presents a summary of the results of interviews with justice and community stakeholders and men mandated totreatment. Implications for the justice system and for jurisdictions considering developing a specialized DV court approach are presented.
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Maurutto, Paula, and Kelly Hannah-Moffat. "Aboriginal Knowledges in Specialized Courts: Emerging Practices in Gladue Courts." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 31, no. 03 (December 2016): 451–71. http://dx.doi.org/10.1017/cls.2016.35.
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AbstractReforms to Canadian sentencing law in 1996 and the Supreme Court of Canada decisionR. v. Gladue[1999] opened the door to a new normative set of legal practices that endeavour to integrate racial knowledge about offenders’ collective and individual experiences of race relations and oppression into traditional legal criminal practices. One outcome of the reforms and court cases was the formation of dedicated Gladue courts for Aboriginal peoples. This paper explores the formation of Gladue courts, the legal techniques used to produce contextualized racial knowledges, how this information is admitted as evidence before the court, and how this knowledge is used to reframe legal subjects and the risk they pose.
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NYKYTIUK, Ya I. "HIGHER ANTI-CORRUPTION COURT: SPECIAL, EXTRAORDINARY OR SPECIALIZED COURT?" Scientific Journal of Public and Private Law 2, no. 5 (2021): 165–71. http://dx.doi.org/10.32844/2618-1258.2021.5.2.28.
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Tutty, Leslie M., and Robbie Babins-Wagner. "Outcomes and Recidivism in Mandated Batterer Intervention Before and After Introducing a Specialized Domestic Violence Court." Journal of Interpersonal Violence 34, no. 5 (May 3, 2016): 1039–62. http://dx.doi.org/10.1177/0886260516647005.
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Both specialized domestic violence (DV) courts and batterer intervention programs were developed to more adequately address intimate partner abuse and recidivism; however, little research has studied them concurrently. The current research examined clinical outcomes and police-reported recidivism in 382 men mandated to attend the Calgary Counselling Centre’s Responsible Choices for Men’s (RCM) groups between 1998 and 2009, before and after a specialized DV court was established in 2001. The study examines associations between categorical demographic and criminal justice variables, most of which were not correlated with post-group recidivism. Before the specialized court was implemented, 45 RCM members reported significantly more clinical issues at pretest than the 282 RCM members after court implementation (all scores adjusted by social desirability), although the effect sizes were negligible. Regarding group outcomes, depression, anxiety, and self-esteem (adjusted for social desirability) significantly improved on average for all RCM members irrespective of court implementation. Before the specialized DV court was developed, recidivism occurred after RCM program completion for a large proportion of men (41.2%), compared with only 8.2% after court implementation, a significant difference with a moderate effect size. The recidivism results are interpreted in the context of the significant justice and community collaborations entailed in creating the specialized DV court.
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Cojocaru, Cristina. "On the court jurisdiction in case of litigation between entrepreneurs." Proceedings of the International Conference on Business Excellence 13, no. 1 (May 1, 2019): 655–62. http://dx.doi.org/10.2478/picbe-2019-0058.
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Abstract According to the Romanian legislation, the parties may agree in writing that the disputes concerning goods and other rights deriving from the non-performance of the contract be judged by other courts that, according to the law, would have territorial jurisdiction to hear the case, unless the competence of the court is exclusive. By decision no. 18/2016 the Romanian High Court of Cassation and Justice, through the competent division to judge the appeal in the interest of the law, decided that in matters of procedural substantive (material) jurisdiction of the specialized courts, the competence of the specialized courts is determined depending on the object or the nature of disputes such as those considered examples by art. 226 paragraph 1 of Law no. 71/2011 on the application of Law no. 287/2009 on Civil Code. Considering also this decision, the article aims to analyze the practical implications of another recent decision of the Romanian supreme court, namely Decision no. 561/2018, on the competence of the specialized court in litigations between entrepreneurs and, without claiming to cover extensively the subject, to offer a view on the Romanian current legal framework, on the court jurisdiction and the notion of professional, underlining the freedom of entrepreneurs or professionals of choosing the relevant court.
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Lindquist, Stefanie A. "The Courts of International Trade: Judicial Specialization, Expertise, and Bureaucratic Policymaking. By Isaac Unah. Ann Arbor: University of Michigan Press, 1998. 233p. $47.50." American Political Science Review 96, no. 1 (March 2002): 219–20. http://dx.doi.org/10.1017/s0003055402414323.
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In The Courts of International Trade: Judicial Specialization, Expertise, and Bureaucratic Policymaking, Isaac Unah has ventured into territory that has remained largely uncharted by scholars of judicial politics. With the prominent exception of Lawrence Baum's work on specialized courts, few researchers in political science have chosen to explore courts that fall outside the federal judiciary's core hierarchy. Yet as Unah points out, these specialized courts, including the U.S. Tax Court, Claims Court, Court of International Trade, Bankruptcy Courts, and the Federal Circuit, perform critical functions that have the potential to affect business interests and shape bureaucratic performance in highly complex regulatory and economic areas. In this book, and in his previous published research, Unah has initiated an important expedition into unfamiliar but promising terrain.
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Panchev, Tsvetomir. "Constancy of the Court in the context of the current legislative amendments." Law Journal of New Bulgarian University 18, no. 1 (July 6, 2022): 12–22. http://dx.doi.org/10.33919/ljnbu.22.1.1.
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This article is an attempt to interpret the proposals for amendments of the Judiciary Act, prepared by the Ministry of Justice, containing regulations related to the closure of Specialized Public Prosecutor’s Office and the Specialized Criminal Courts there. In particular, the study focuses on the regulation related to the completion of pending court proceedings of specialized courts, through the prism of strict compliance with the well-known principle of constancy of the court in penal procedures. The author’s aim is to provide a complex of arguments to prove the fundamental importance of the principles of the Bulgarian criminal process, as an important basis of knowledge for planning and assessing the quality of each legislative initiative.
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Lens, Vicki. "Against the Grain: Therapeutic Judging in a Traditional Family Court." Law & Social Inquiry 41, no. 03 (2016): 701–18. http://dx.doi.org/10.1111/lsi.12153.
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The last several decades have seen a proliferation of specialized courts, including within the family court system, that deviate from the adversarial model, and that rely on therapeutic jurisprudence and other problem-solving techniques. Whether and how traditional family courts can incorporate the best practices of these specialized courts is a largely understudied area. Drawing from ethnographic observations of a traditional urban family court, this study finds that some judges are able to transform nontherapeutic courtrooms into therapeutic ones despite obstacles. These “against the grain” actors, who act contrary to the institution's dominant norms and practices, demonstrate how therapeutic jurisprudence and other problem-solving techniques can be utilized in traditional courtrooms.
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Pinchevsky, Gillian M. "Understanding Decision-Making in Specialized Domestic Violence Courts." Violence Against Women 23, no. 6 (July 9, 2016): 749–71. http://dx.doi.org/10.1177/1077801216648792.
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This study fills a gap in the literature by exploring the utility of contemporary courtroom theoretical frameworks—uncertainty avoidance, causal attribution, and focal concerns—for explaining decision-making in specialized domestic violence courts. Using data from two specialized domestic violence courts, this study explores the predictors of prosecutorial and judicial decision-making and the extent to which these factors are congruent with theoretical frameworks often used in studies of court processing. Findings suggest that these theoretical frameworks only partially help explain decision-making in the courts under study. A discussion of the findings and implications for future research is provided.
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Hannah-Moffat, Kelly, and Paula Maurutto. "Shifting and targeted forms of penal governance: Bail, punishment and specialized courts." Theoretical Criminology 16, no. 2 (May 2012): 201–19. http://dx.doi.org/10.1177/1362480612443302.
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Studies of punishment have focused predominantly on emerging forms of penal governance, and the revival of punitive forms of punishment. Although this research helps to raise concerns about forms of penal excess and neoliberal penal patterns, it does not clarify how these strategies co-exist with, modify and are re-assembled with older and sometimes seemingly contradictory penal strategies. Our article examines how practices used by Canadian specialized courts are changing the parameters of punishment and thereby challenging the prevailing theories about neo-liberal punishment. Specialized courts are motivated by therapeutic and preventative goals, and they rely on relationships with local community groups to create a new range of interactions with the court and the offender. Our analysis of how bail strategies and techniques are altered in specialized courts provides a valuable context in which to analyse emerging theoretical issues associated with the management of risk, community/court interactions, the connotation of ‘therapeutic justice’ and the subtext of punishment and penal change.
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Ablaeva, Elvira Bekbolatovna. "SPECIALIZED FAMILY COURTS REPUBLIC OF KAZAKHSTAN." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 75 (December 29, 2023): 89–101. http://dx.doi.org/10.52026/2788-5291_2023_75_4_89.
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The experience of creating in Kazakhstan its own model of family courts is described and the results of the implementation of pilot projects of the Supreme Court of the Republic of Kazakhstan on the introduction of judicial, pre-trial, out-of-court procedures for the settlement of cases and disputes arising from family, marital, parental, housing, household legal relations are analyzed. The relevance of the topic is predetermined by the ongoing course of development of the judicial system and judicial proceedings of the Republic of Kazakhstan in accordance with the principle of specialization of courts and judges. This topic is actualized in the conditions of increasing the competitiveness of Kazakhstan and becoming its highly developed country. On the way to achieving such an ambitious goal, it is of fundamental importance to improve the social and demographic situation within the country, reduce the level of social tension and conflict among the population, strengthen family values among young people, establish gender equality, as well as create a friendly society for children. The implementation of these measures, on the one hand, contributes to the improvement of the level of legal culture of the population within the country, and on the other hand, contributes to the improvement of Kazakhstan's indicators outside the country, for example, in popular international rankings on the global competitiveness of the countries of the world, the rule of law index and the level of happiness. And today, in the conditions of building a New Fair Kazakhstan, judicial specialization within the courts of general jurisdiction as a judicial, judicial, judicial-status principle is particularly relevant in ensuring the rule of law and the rule of law based on it in various spheres of legal relations, including marriage, family and housing. The study revealed the particularly significant role and important place of specialized family courts in improving the social and demographic characteristics of the population. The scientific works of scientists and the regulatory legal framework for the organization and functioning of family courts, empirical data on their activities have been studied. At the end of the work, brief conclusions are given, arguing arguments about the relevance, viability, and justification of the family courts of the Republic of Kazakhstan.
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Garoupa, Nuno, and Carolina Arlota. "Do Specialized Courts Make a Difference? Evidence from Brazilian State Supreme Courts." European Business Law Review 27, Issue 4 (August 1, 2016): 487–500. http://dx.doi.org/10.54648/eulr2016021.
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Specialized courts have been a panacea of legal reform in Europe in the last ten to twenty years. Few studies have studied their performance and alleged advantages. This paper considers a particularly interesting example. It explores possible variations in terms of constitutional review across Brazilian state supreme courts. We focus on possible differences between decisions made by a non-specialized court en banc or by a specialized court panel (órgão especial), the latter being frequent in the larger states. An original dataset was constructed by the authors to empirically explore this question. The dataset considered 630 cases of abstract review judged between January 1, 2006, and December 31, 2010, across twenty-five state supreme courts of the Brazilian federation. The main purpose of our inquiry is to determine whether or not there are significant variations in the outcome of the cases of abstract review as a function of a specialized panel. We find some evidence that the existence of specialized panels matters for the likelihood and rates of dissent as well as duration of procedures, but not for other variables. Implications for legal reform are also discussed.
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Kaiser, Kimberly A., and Kristy Holtfreter. "An Integrated Theory of Specialized Court Programs." Criminal Justice and Behavior 43, no. 1 (October 8, 2015): 45–62. http://dx.doi.org/10.1177/0093854815609642.
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Sukhovetskyi, O. O., and L. M. Moskvych. "HIGHER ANTI-CORRUPTION COURT: SPECIALIZED OR SPECIAL?" Juridical scientific and electronic journal, no. 12 (2022): 483–87. http://dx.doi.org/10.32782/2524-0374/2022-12/114.
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Shunko, M. G. "Administrative and legal characteristics of the place and role of a judge of the Higher specialized court." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 228–31. http://dx.doi.org/10.24144/2788-6018.2021.04.40.
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One of the aspects of the implementation of judicial reform in Ukraine was the establishment of the High Specialized Courts, which were to ensure the administration of objective justice in important areas, including combating corruption and combating intellectual property offenses. In this context, it is important to determine not only the role and place of these judges in the judicial system of Ukraine in general, but also to provide administrative and legal characteristics of the place and role of judges of higher specialized courts in particular.
The purpose of the article is the administrative and legal characteristics of the place and role of a judge of the higher specialized court.
According to the principle of separation of powers, all three branches must be independent of each other. Concentration of power in a state body or person can lead to the seizure of power. The judiciary is the most reliable and civilized way to protect human rights and civil rights and freedoms, and judicial protection of human rights and freedoms is the most democratic and appropriate way to consider the facts and causes of various disputes and establish the truth in pending cases.
As for the role of the judge directly in the process, the judge considers the case within the established procedural norms. Everything is based on the legal basis, and the judge is in fact the observer of the process, a person who, in accordance with the law, strictly adheres to all procedural norms.
It is concluded that the role of a judge of the High Specialized Court is more important than the role of a judge of a court of general jurisdiction, as evidenced by additional requirements for candidates for a judge of a special court and the importance of requirements for highly specialized judges in general.
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Oliinyk, O. O. "Current state and prospects of determining the judicial jurisdiction of labor disputes." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 367–71. http://dx.doi.org/10.24144/2788-6018.2023.06.62.
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The article analyzes the current state and offers prospects for determining the judicial jurisdiction of labor disputes. Since in practice the question arises as to which court should be addressed to resolve a labor dispute, since there are no specialized labor courts to date. After all, if citizens turn to a court that is not competent to consider a dispute, then the consequences will follow, such as a refusal to open a proceeding or an already opened proceeding is closed due to the fact that the dispute is not subject to consideration in the jurisdiction of this particular court. And that's why issues, in particular, with the determination of the jurisdiction of cases in the field of labor relations, are becoming important. It is noted that the issue of jurisdiction of disputes in the field of labor law has always been controversial in the judicial system. First of all, this is due to the fact that labor law includes not only relations arising from the employment contract, but also from imperative norms, such as the work of civil servants, prosecutors, judges, policemen, diplomats, etc. A conclusion was made regarding the need to regulate in labor legislation, taking into account the practice of the European Court of Human Rights and specialized (labor) courts of the European Union, the issue of judicial jurisdiction, providing for a legal norm that would establish clear criteria for determining and delimiting judicial jurisdiction during the resolution of disputes regarding protection of labor rights. Also, in the future, one of the directions of expanding the rights of employees to judicial protection in Ukraine should be the creation of specialized labor courts. Since, in comparison with courts of general jurisdiction, specialized labor courts provide participants with a number of advantages: qualified consideration of the case; the review procedure is devoid of many formalities inherent in the civil process; speed and cost-effectiveness of dispute resolution.
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Hermanto, Bagus, and Nyoman Mas Aryani. "Quo Vadis Specialised Courts in Indonesia within Constitutional Court Decisions Confines." Jurnal Penelitian Hukum De Jure 23, no. 4 (November 29, 2023): 403. http://dx.doi.org/10.30641/dejure.2023.v23.403-418.
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In Indonesia, special courts represent a phenomenon of judicial deference which is associated with an independent judicial system and supports the efficient and effective administration of justice. However, the practice in Indonesia shows that there is a need for further discursive research and thinking in the organization of the special justice system in Indonesia, based on internal and external issues in the realization of a special justice order that promotes substantive justice and is based on effectiveness, efficiency, and justice that is based on the needs of legal specificity under the specialized court context. This article utilizes dogmatic legal research based on a statutory approach, a case law approach, and a conceptual approach on a micro-legal research basis to examine the revamping of special courts in Indonesia, including the elaboration of Constitutional Court Decisions relevant to the strengthening of constitutional consolidation in post-reform Indonesia. Furthermore, the findings of this study show that the dynamics of special justice in Indonesia seem to be based on specific needs, international intervention in several cases, and ideas when the 1945 Constitution was amended by strengthening in accordance with conditions and times to achieve substantive justice. Similarly, the failure to build several special courts has become a discourse in recent decades, as various Constitutional Court decisions have directed topics that may be seen in the formation of special courts in the future. These include the existence of electoral and medical courts, which have also emerged as ideas for revamping specialized courts in Indonesia.
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Dollar, Cindy Brooks. "Therapeutically (Un)Just Interactions in Family Court Proceedings." Criminal Justice Policy Review 31, no. 2 (November 26, 2018): 262–86. http://dx.doi.org/10.1177/0887403418812170.
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Court systems have a unique and powerful impact on the lives of persons who enter into them. In recognition of some of the deleterious effects of traditional court models, scholars and practitioners advocate for alternative court processes, especially through the implementation of specialty courts. Family court is a type of specialized court, which handles legal disputes among family members. The stated mission of family courts reflects notions of therapeutic jurisprudence; however, scarce research examines if therapeutic jurisprudence is actually practiced in family court settings. Using 12 months of observational data of over 100 hearings, the present study assesses the extent to which principles of therapeutic jurisprudence are apparent in court proceedings. I find that although therapeutically just interactions are common in family court, some encounters remain antitherapeutic or damaging. The implication of family court’s current operation within the broader “justice” system is discussed.
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Niyobuhungiro, Joel. "PERPLEXING JURISDICTION RATIONE PERSONAE AND MATERIAE OF RWANDAN COMMERCIAL COURTS: TRADER AND COMMERCIAL ACTIVITY." Yuridika 33, no. 2 (May 1, 2018): 243. http://dx.doi.org/10.20473/ydk.v33i2.8099.
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Modernization of judiciary has prompted the reform of courts system in many countries whereby a trend of creating specialized courts is no doubt contributing to the needed justice. The creation of commercial courts, as specialized courts, has been and still is at the root of commercial development that contributes to economic growth of the country.Like any court, for commercial court to adjudicate case, a number of elements determining the court competence must be examined by the court seized. Jurisdiction ratione materiae and jurisdiction personae, inter alia, are the determining factors of the competence of commercial courts. However, it can be difficult, in some cases, to ascertain court competence in case the law establishing those courts has not clearly delineated for example matters over which courts shall have jurisdiction. In Rwanda, The Law n° 06/2012/OL of 14/09/2012 determining the organization, functioning and jurisdiction of commercial courts, which repealed the Law n° 59/2007 of 16/12/2007, neither does it define a commercial activity nor does it define a trader. This creates big perplexity in determining commercial courts competence insofar as jurisdiction ratione materiae and personae are concerned. Commercial activities are neither defined nor enumerated in Rwanda laws. Rwandan commercial courts judges have tried to unravel that perplexity and tried to solve this problem in their judgements. However, it will be submitted that challenges posed by lack of clear definition of trader and commercial activity or at least a list of commercial activities, calls for a clear stand of the legislator as far as jurisdiction ratione materiae and personae of Rwandan commercial courts are concerned.
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Prylutskyi, Serhii. "PRINCIPLE OF JUDICIAL SPECIALIZATION THROUGH THE PRISM OF THE CONCEPT OF THE NATURAL COURT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 122 (2022): 64–72. http://dx.doi.org/10.17721/1728-2195/2022/3.122-11.
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In the current conditions of intensive development of public relations and the complication of their legal regulation more and more states are turning to the institute of specialization of the judiciary organization and judiciary exercise. Thus, in Ukraine, it is established at the constitutional level that the judicial system of Ukraine is built on the principles of territoriality and specialization, additionally, higher specialized courts may operate in accordance with the law. Moreover, the Constitution of Ukraine states that the establishment of extraordinary and special courts is not allowed. In Art. 31 of the Law of Ukraine "On the Judiciary and the Status of Judges" (2016) it is stated that in the judicial system the higher specialized courts function as first instance courts for certain categories of cases. This category of courts currently includes the High Court of Intellectual Property and the High Anti-Corruption Court. However, a fierce debate evolved in Ukrainian political circles concerning the constitutionality of the anti-corruption court, and, accordingly, the subject of the constitutional petition questioned the number of provisions of the Law on the High Anti-Corruption Court and referred to the Constitutional Court to declare the law unconstitutional. The Constitutional Court of Ukraine has initiated the constitutional proceedings on this issue. The familiarization with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a "special court" (within the meaning of Part 6 of Article 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the High Anti-Corruption Court. In order to find an objective answer to the existing conflict, there appeared a necessity to clarify the legal nature of judicial specialization and to identify key features of the "special court". To solve such an applied issue, the author turned to the theoretical and applied provisions of the principle of natural court, that provided the grounds for the subject of this work.
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Boryshchak, V. O., and I. V. Ignatenko. "Some issues of establishing specialized land courts to ensure effective protection of land rights." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 435–39. https://doi.org/10.24144/2788-6018.2024.06.70.
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An attempt was made to legalize the creation of specialized land courts in order to more effectively protect the land rights of individuals and legal entities. The article deals with issues related to international experience in the field of judicial protection of land rights and the resolution of land disputes. Foreign legislation on the functioning of specialized bodies in this area is analyzed. In particular, the general characteristics of: the Land Court of Scotland, the Massachusetts Land Court and the Queensland Land Court were investigated. Specialized judicial bodies dealing with consideration of land disputes demonstrate their effectiveness. The experience of such courts can be used in reforming the judicial system of Ukraine, in particular with the aim of creating specialized courts for consideration of land disputes. The presence of a special judicial body that would consider disputes arising in the field of land legal relations contributed to a more efficient and qualitative consideration of such disputes. Since land disputes are characterized by high complexity and complexity, their resolution requires in-depth knowledge of a significant array of land legislation, the interpretation of these norms in the context of the socio-political and environmental situation in the country, as well as the special competence of a judge, who also needs knowledge in environmental, technical, land management sphere, etc. In addition, the full-scale invasion of Russia significantly affected land and legal relations in Ukraine. In the post-war period, a significant increase in the number of land disputes is expected, which is associated with the restoration of rights to land plots, compensation for damages, restoration of legal documentation by individuals and legal entities, etc. Overcrowding of courts of general jurisdiction can lead to rapid but insufficiently balanced decisions, which in turn will cause legal errors and dissatisfaction among litigants. Therefore, the creation of specialized courts that will deal exclusively with land issues could help distribute the burden more effectively and ensure quality consideration of land disputes.
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Gover, Angela R., Eve M. Brank, and John M. MacDonald. "A Specialized Domestic Violence Court in South Carolina." Violence Against Women 13, no. 6 (June 2007): 603–26. http://dx.doi.org/10.1177/1077801207301553.
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Alrashid, Ali Hussein Alwan, and Mohammed Mufadi Al-Maagbeh. "Responsibility for Terrorist Operations in International Law (Analytical Study)." Journal of Lifestyle and SDGs Review 5, no. 3 (February 27, 2025): e05585. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n03.pe05585.
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Objectives: The paragraph aims to clarify the concept that any act violating international law is unlawful, regardless of the source or means by which the breach occurs. It highlights the development of international responsibility and the role of international courts in addressing such violations. Methods: The methods discussed involve international law's establishment of various courts, including the International Criminal Court, to handle crimes committed on an international scale. These courts address violations of international law and include specialized courts for crimes like terrorism. Results: The development of the system of international responsibility is ongoing, reflecting the increasing scale and complexity of terrorist operations. The paragraph suggests that international law is adapting to the growing challenges posed by these global crimes. Conclusion: International law holds individuals responsible for unlawful acts, irrespective of the source or manner of breach. The system of international responsibility is evolving, particularly in response to the rise in international terrorist operations, supported by specialized courts such as the International Criminal Court.
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Malyshkin, Alexandr V. "Specialized Courts in the Context of the Differentiation and Integration of Court Jurisdictions." Vestnik Tomskogo gosudarstvennogo universiteta, no. 446 (September 2019): 240–46. http://dx.doi.org/10.17223/15617793/446/31.
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Butters, Rob, Kort Prince, Allyson Walker, Erin B. Worwood, and Christian M. Sarver. "Does Reducing Case Processing Time Reduce Recidivism? A Study of the Early Case Resolution Court." Criminal Justice Policy Review 31, no. 1 (July 24, 2018): 22–41. http://dx.doi.org/10.1177/0887403418789465.
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Case processing times throughout the United States exceed national standards created by multiple agencies. To combat this, multiple expedited case processing courts have been developed across the nation; however, research regarding these courts has failed to consider recidivism outcomes among participants. We examined the outcomes of a specialized court in the Salt Lake City Third District Court called the Early Case Resolution (ECR) Court, a program aimed at reducing both case processing times and recidivism. Using a propensity score-matched sample, we utilized survival analysis to look at participants’ time to recidivism. While case processing times were lower for the ECR Court participants than non-ECR participants, recidivism among ECR Court participants was significantly higher. Results from this study show that using recidivism as an outcome measure for expedited case processing courts is necessary in evaluations of these programs.
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Petryakova, Antonina V. "Institution of Investigating Judges: Genesis and Transformation of the Legal Model." Ugolovnaya yustitsiya, no. 18 (2022): 58–64. http://dx.doi.org/10.17223/23088451/18/10.
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The judicial reform in Russia goes on and many provisions of the Concept of Judicial Reform of 1991 have been implemented. However, the institutions of investigating and penitentiary judges, provided by the Concept as a specialization of justices of the peace, have not yet been introduced. Academic and public discussion about the institution of investigative judges has intensified since 2014. Nowadays, there are several procedural models of this legal institution. However, the legal status of the investigating judge appears to be insufficiently developed. Using comparative and formal legal methods of research, the author examines the legal experience of postSoviet states that declare the formation of the institution of investigating judges in their judicial system to conclude that an investigating judge in many states has become a participant in criminal proceedings, but the institution of investigative judges has not been segregated into a separate judicial body, so the legal status of the investigating judge has not formed. In this regard, the author examines the institution of investigative judges of the Republic of Kazakhstan, in which it has undergone a significant transformation: from an investigating judge as a procedural figure to separate specialized investigative courts. Having studied the experience and recommendations of international expert organizations, the Republic of Kazakhstan is developing the idea of the institution of investigating judges in some possible perspective directions: finalization of the legal status of a judge of a specialized investigative court, harmonization of judicial and procedural legislation. Projecting the Kazakh model of a specialized investigative court onto the Russian judicial system, it is proposed to introduce specialized investigative courts in the Russian Federation with functionality that predominantly involves the exercise of judicial control functions. At the same time, the author notes that judicial control takes place both at the pre-trial stages of criminal proceedings and at the stage of execution of the judicial verdict. In this regard, it seems expedient to further build up the competence of a specialized investigative court and, on its basis, create a specialized investigative and penitentiary court, which in the future can become the basis for the formation of a national human rights court, the creation of which was proposed at a meeting of President of the Russian Federation V.V. Putin with members of the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, held in December 2020.
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Zholobov, Yaroslav B., and Viktor N. Kornev. "Requirements for the presidents of general jurisdiction courts in the Russian Federation and the procedure for their appointment." Vestnik of Saint Petersburg University. Law 15, no. 4 (2024): 964–73. https://doi.org/10.21638/spbu14.2024.403.
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The article provides a comprehensive analysis of the legal framework governing the qualification requirements and appointment procedure for the presidents of general jurisdiction courts in the Russian Federation. Specifically, individuals applying for the role of a judge, and subsequently, the court president, are subject to strict requirements. These include having a specialized legal education, relevant work experience in the field, etc. However, the analysis of these requirements reveals several challenges in this domain. Particularly, the training of the future court leaders poses a crucial question regarding how to address the fact that, as the leader, they must possess not only extensive procedural powers but also organizationaldispositive and administrative-economic ones, which was not previously possible as a judge. In this regard, the authors propose that such training should be split into four stages, starting with a psychological screening of the candidates. Following that, they participate in a specialized advanced training course and then complete an internship as a court leader. Finally, they must pass an examination to demonstrate their proficiency in organizational-dispositive and administrative-economic skills. Separately, the article examines the challenging aspects of appointing court presidents. Specifically, it discusses the lengthy process of considering appointments, the suggestion to transition from appointments to elections for presidents of general jurisdiction courts and other related issues. The article concludes that Russian legislation lacks specific qualification requirements for court presidents, who serve as the governing body of the court. However, the current requirements for judges do not allow identifying and evaluating the organizational skills required for a candidate to become the court president.
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Konyukhova, A. A. "Settlement of Tax Disputes in the Russian Federation and Germany." MGIMO Review of International Relations, no. 2(41) (April 28, 2015): 269–75. http://dx.doi.org/10.24833/2071-8160-2015-2-41-269-275.
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This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations) of finance courts (Finanzgerichtordnung). In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.
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Volovyk, S. V. "Principles of IP-Court Activity in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 116–23. http://dx.doi.org/10.32631/v.2020.2.11.
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The principles of IP-court activity in Ukraine have been studied. It has been emphasized that the urgent issues currently are to review the existing approaches to reforming the judicial system of Ukraine, based on the gained experience of establishing specialized courts, defining principles as guidelines for the functioning of IP-court in Ukraine as the Higher Specialized Judicial System of Ukraine.
The concept of “principles” and their classification have been defined. The author has noted the importance of international principles of court activity in Ukraine. The regulatory base of courts activity has been characterized, where the principles of functioning of courts and judges in Ukraine have been defined. The author has singled out such an international legal document as the Basic Principles of Judicial Agencies’ Independence, which enshrines the following principles of IP-court activity in Ukraine: the principle of judicial agencies’ independence; the principle of freedom of speech and associations; the principle of qualification, selection and training; the principle of professional secrecy and immunity.
The category of “principles of IP-court activity in Ukraine” has been offered to understand as a set of guiding (fundamental) ideas, grounds, principles of operation and functioning of IP-court in Ukraine that ensure the proper administration of justice, respect for rights and fundamental freedoms during the trial and ensuring the right to a fair trial.
The principles of the IP-court activity in Ukraine are as follows: 1) general and legal: the rule of law principle; the principle of observance of human rights and fundamental human and civil freedoms; the principle of legality; the principle of openness and transparency of court proceedings; the principle of political or other impartiality; the principle of reasonable terms; 2) special principles of IP-court activity in Ukraine: the principle of independence of judicial agencies; the principle of freedom of speech and associations; principle of qualification; the principle of professional secrecy.
It has been concluded that enshrining the principles of operation and functioning of the Supreme Court on Intellectual Property Issues in the Law of Ukraine “On the Supreme Court on Intellectual Property Issues” will increase the efficiency of the judicial system of Ukraine and significantly affect the authority and prestige of IP-court in Ukraine.
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Zherobkina, Y. A. "Administrative and legal status of decisions of the supreme court through the prism of the development of case law in Ukraine." Fundamental and applied researches in practice of leading scientific schools 39, no. 3 (June 30, 2020): 41–44. http://dx.doi.org/10.33531/farplss.2020.3.7.
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In recent years’ modernization and reform of the judiciary has become one of Ukraine’s key tasks. The events of 2013-2014, called the Revolution of Dignity, exacerbated the existing problems of judicial and legal reform, as well as slowed down effective reform measures in this area. Under such conditions, the executive and legislative bodies had to act in the direction of reforming and adapting the judicial system to generally accepted European norms and standards. Since 2014, a number of progressive laws on the functioning of the judiciary and the administration of justice in the state have been approved. And in 2016, the judicial system in Ukraine was reformed: the Supreme Court of Ukraine, the Supreme Administrative Court of Ukraine, the Supreme Economic Court of Ukraine, and the High Specialized Court of Ukraine for Civil and Criminal Cases were terminated and subsequently liquidated. Instead, all functions, tasks and powers to consider the case as a court of cassation were assigned to the newly created Supreme Court. One of the preconditions for judicial reform in Ukraine was the overburdening of the Supreme Court of Ukraine and higher specialized courts, which violates the right to a fair trial within a reasonable time, which is enshrined and guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. In accordance with Art. 17 of the Law of Ukraine “On the Judiciary and the Status of Judges”, the judicial system in Ukraine consists of the Supreme Court, appellate courts, local courts. At the same time, the highest court in this system is the Supreme Court. Along with such innovations in the structural and functional characteristics of the judiciary in Ukraine, there is a tendency to the possibility of future recognition of decisions of the Supreme Court – the official source of law in the country.
The article reveals the issue of determining the administrative and legal status of decisions of the Supreme Court in Ukraine, outlining key theoretical and practical conclusions over the years of judicial reform. Emphasis is placed on the development of the peculiarities of the Anglo-Saxon legal system in the state and the development of case law.
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Suhartono, Slamet. "Konstitusionalitas Badan Peradilan Khusus dan MK dalam Penyelesaian Sengketa Hasil Pilkada Langsung." Jurnal Konstitusi 12, no. 3 (May 20, 2016): 503. http://dx.doi.org/10.31078/jk1234.
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In accordance with the decision of the Constitutional Court Number 97/PUU-XI/2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results.
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Harefa, Yonata, Haposan Siallagan, and Hisar Siregar. "URGENSI PEMBENTUKAN BADAN PERADILAN KHUSUS DALAM PENYELESAIAN SENGKETA HASIL PILKADA LANGSUNG." NOMMENSEN JOURNAL OF LEGAL OPINION 1, no. 01 (July 30, 2020): 139–52. http://dx.doi.org/10.51622/njlo.v1i01.342.
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In accordance with the decision of the Constitutional Court Number 97 / PUU-XI / 2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results.
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Kleandrov, M., and I. Pluzhnik. "THE RANGE OF ADMINISTRATIVE JUSTICE SPECIALIZATIONS IN RUSSIA AND THE OTHER BRICS COUNTRIES." BRICS Law Journal 5, no. 2 (July 4, 2018): 24–48. http://dx.doi.org/10.21684/2412-2343-2018-5-2-24-48.
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This article deals with the challenges concerning increasing administrative justice efficacy in Russia and other BRICS countries, where the specialized development of jurisdictional bodies is inconsistent and far from effective. The article analyzes the gaps and disputed aspects of administrative justice including the mechanisms for judicial administrative dispute resolution in the BRICS countries. The authors argue that the level of effectiveness of administrative justice vested in judicial procedures depends critically on the specialization of the administrative courts. This involves individual judges, separately operating permanent judges, judicial committees, mono-courts, independent administrative judicial systems incorporated into larger judicial systems within the courts of general jurisdiction, and separate and independent administrative and judicial systems. Even though the BRICS countries do not have a structured administrative judiciary, the retrospective and comparative analysis of their administrative justice jurisdiction and its most effective practices and mechanisms undertaken by the authors enables them to rethink the existing approach to resolving administrative cases via the judiciary. The aim of the article is to initiate the creation of an independent administrative court system organization in order to ensure better justice in the areas of social life including legal relations with executive bodies. Suggestions for the implementation of the specialization of the administrative judiciary in the Russian Federation are given. The authors, for the first time in Russian jurisprudence, propose a theoretical model of an independent, four-tiered specialized legal mechanism of administrative justice, which includes the interrelated factors of court organization, the judiciary and their legal status. The range of the four specialized tiers of the administrative judicial system is proposed. It is argued that they should include a systematic succession represented by lower courts, first instance lower courts, area courts and a Higher Administrative Court of the Russian Federation.
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Chumak, V. V. "Role and Place of Higher Specialized Courts in the Judicial System of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 250–57. http://dx.doi.org/10.32631/v.2020.2.23.
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The role and place of higher specialized courts in the judicial system of Ukraine have been studied and determined. The author has studied such main categories as “judicial system of Ukraine”, “judiciary”, “judicial system” and “judicial power”. The judicial system of Ukraine has been established. The normative and legal base of functioning of highest specialized courts of Ukraine has been characterized. The author has provided own definition of the categories “judicial system of Ukraine” and “judicial power of Ukraine”.
The author has offered to understand the category of “judicial system of Ukraine” as the totality of all hierarchically structured elements of the system (courts), which are endowed with exclusive competence to administer justice, built on the principles of territoriality and specialization, are defined by law and united by general principles of their organization and activity.
In turn, the concept of “judicial power of Ukraine” is defined as the activity of courts (judicial system) to administer justice and to perform their professional duties within the limits and in the manner prescribed by the Constitution and laws of Ukraine in accordance with international and legal documents.
It has been determined that highest specialized courts in the judicial system of Ukraine are the Supreme Court on Intellectual Property Issues and the Supreme Anti-Corruption Court.
It has been concluded that highest specialized courts in the judicial system of Ukraine play an important role in the holistic mechanism of the entire judicial system, since they are endowed with exclusive competence to consider and decide cases on the merits of certain categories, and their activities are determined at the level of a separate regulatory act, which determines their legal status, and hence their place in the judicial system of Ukraine.
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Ablaeva, E. B. "Juvenile Courts in the Republic of Kazakhstan: History, Realities and Prospects." Lex Russica 73, no. 10 (October 23, 2020): 137–49. http://dx.doi.org/10.17803/1729-5920.2020.167.10.137-149.
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The paper describes the history, realities and prospects of development of specialized juvenile courts in the Republic of Kazakhstan. The relevance of the topic is related to the ongoing judicial and legal reforms in the Republic of Kazakhstan that are aimed at developing the specialization of courts and judges. Specialization of courts and judges as a vector of development of the judicial system and improvement of judicial proceedings is particularly relevant in the context of global competitiveness. Based on the study of the prerequisites that led to the need to create specialized courts, the current state of juvenile courts of the Republic of Kazakhstan is evaluated and trends in its further development are predicted, which constitute the theoretical and practical significance of the research topic. The study showed a significant role of juvenile courts in improving the sociodemographic characteristics of the population. Based on the results of the study, brief conclusions were made confirming the relevance of the chosen topic, and at the same time the demand and justification of specialized juvenile courts of the Republic of Kazakhstan. The methodological basis of the research consists of historicallegal and comparative-legal methods of cognition of objective reality, as well as methods of legal statistics and forecasting. The works of famous Kazakh scientists became the theoretical basis of the research. The first decrees of the President of Kazakhstan, constitutional, statutory and legislative acts of Kazakhstan, as well as strategic, conceptual and program documents on development of Kazakhstan compose the normative basis of the research. The empirical basis of the study is regional statistical data on the work of specialized juvenile courts. The data of a sociological survey among persons who participated in trials that took place in 16 specialized juvenile courts are studied. Analytical reports, as well as information reviews on the activities of specialized juvenile courts and the state of their administration of justice are considered. The author researched the results of the implementation of pilot projects called "Judicial Mediation"; "Juvenile Justice"; "Reconciliation: Before and in Court"; "Family Court". The paper presents the experience of establishing family courts in the countries of America, Japan, and the Canadian province of Nova Scotia.
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J. Chriss, James, and Miyuki F. Tedor. "Improving Drug Courts: A Preliminary Study." Academicus International Scientific Journal 28 (July 2023): 89–109. http://dx.doi.org/10.7336/academicus.2023.28.05.
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Since the early 1980s, specialized problem-solving courts known as drug courts emerged in the United States as a response to the backlog of drug and alcohol-related cases plaguing the U.S. criminal justice system. In a few decades, with the seeming success of the drug court in helping AOD defendants achieve sobriety while reducing recidivism, the drug court model has achieved international prominence as well. This paper discusses a pilot study which seeks to analyze the feasibility of connecting a website, drughelp.care, developed at the host institution of the co-authors, to the everyday operations of local drug courts. Talcott Parsons’ AGIL schema is utilized as a conceptual template for organizing our thinking about how the website could improve services to administrators and clients according to the unique functional elements of the drug court.
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Alotaibi, Ibrahim Mathker Saleh. "ESTABLISHING AN INTERNATIONAL COMMERCIAL COURT IN SAUDI ARABIA: LESSONS FROM DUBAI AND SINGAPORE." UUM Journal of Legal Studies 15, no. 1 (January 31, 2024): 249–70. http://dx.doi.org/10.32890/uumjls2024.15.1.11.
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This article discusses the need and the benefits of establishing an international commercial court in Saudi Arabia. Since Saudi Arabia’s legal system has been criticized regarding its openness to international investments, this issue is observed from the perspective of potential investors and business partners interested in doing business in Saudi Arabia. The aim is to determine how setting up a specialized international commercial court will improve the environment for investments and remove legal uncertainties that arise from the lack of such courts. Furthermore, a brief overview of the international rise of commercial courts worldwide will be provided, with comparative examples of the courts in Dubai and Singapore to reveal how those jurisdictions have adapted to the global economy and ensured their positions as regional leaders and investment hubs. The essential procedural rules will be highlighted to provide ideas and directions for Saudi Arabia. Finally, this article will discuss the challenges the Kingdom faces in the race to become the regional investment leader, and then provide some key takeaways. The objective of this article will be to explain how Saudi Arabia will overcome the challenges in establishing an international commercial court that will specialize in the application and interpretation of international commercial regulations, and why the setting up of an international commercial court will have a positive effect on the attraction of foreign investors to do business in the Kingdom. This will be achieved by examining and discussing Dubai and Singapore as comparative legal systems that have already established flexible dispute resolution forums which have been recognized worldwide.
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Wadkins, Theresa, and Julie Campbell. "Drug Court Recidivism in the Rural Midwest: A 3-Year Post-Separation Analysis." Journal of Drug Issues 51, no. 3 (February 8, 2021): 407–19. http://dx.doi.org/10.1177/0022042621993071.
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Substance abuse continues to be a pressing social problem in the United States today. As the country battles an opioid epidemic, many jurisdictions have adopted the problem-solving court model in response. These specialized courts, known as drug courts, offer a rehabilitative approach to offender management. Drug courts balance substance abuse rehabilitation with community-based supervision and operate with the philosophy that addressing the addiction will result in a decrease in criminal offending. The current study examines the recidivism rates for 50 participants who have been separated (i.e., completed or terminated) from one rural drug court program in the Midwest for at least 3 years. Findings indicate that successful completion of drug court is associated with decreases in misdemeanor offending, and more importantly, decreases in felony offending. While preliminary, the findings of this research provide support for the drug court model in the rural Midwest. Further research in this area is highly recommended.
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Prylutskyi, S. "PRINCIPLE OF NATURAL COURT: CURRENT PROBLEMS OF LEGAL UNDERSTANDING AND LAW ENFORCEMENT IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 119 (2021): 70–74. http://dx.doi.org/10.17721/1728-2195/2021/4.119-13.
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In 2016, a provision appeared in Article 125 of the Basic Law, which stipulated that higher specialized courts may operate in accordance with the law. Filling the content of this wording in, Article 31 of the Law "On the Judiciary and the Status of Judges" (2016) establishes that in the judicial system there are higher specialized courts as courts of first instance to consider certain categories of cases. This category of courts today includes the High Court of Intellectual Property and the High Anti-Corruption Court, activities of which are initiated by the relevant legislation. However, in political circles there was a discussion about the constitutionality of this court and, accordingly, the subject of the right to a constitutional petition questioned a number of provisions of the Law "On the Supreme Anti-Corruption Court" and appealed to the Constitutional Court of Ukraine to declare this law unconstitutional. In turn, the Constitutional Court of Ukraine initiated constitutional proceedings on this issue. Familiarization with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a "special court" (within the meaning of Part 6 of Article 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the Supreme Anti-Corruption Court. In order to find an objective answer to the existing conflict, it is necessary to abstractly identify the main features of a "special" court. To solve such an applied problem, the author of the article turned to the theory and applied provisions of the principle of natural judgment, which was the subject of this study. As a result of the study, the author argues that by giving the Supreme Anti-Corruption Court exclusive jurisdiction over the system of general courts, the legislator has significantly deviated from the permissible limits of constitutional legality. The author singled out and grouped the key features of a special court, which included: 1) Separation of a judicial institution with a separate system of instances for consideration of certain categories of cases selected from the general array (special jurisdiction) or in respect to a separate category of persons. 2) The court, which is entrusted with special, different from other general courts, the purpose and objectives of the activity. 3) A court formed to expedite the resolution of certain categories of cases specific to a certain period; 4) A court in which judges have a special legal status (special tasks in the administration of justice; special professional qualifications (requirements, selection criteria); a special (extraordinary) procedure for the formation of the judiciary, etc. It is seen that the principle of natural judgment – is a fundamental constitutional and legal heritage of civilized humanity, which is designed to protect people, their rights and freedoms from the arbitrariness of the state, and from the use of courts as an instrument of terror and wrongful persecution.
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Supadmo, Darto, and Handoyo Prasetyo. "Legal Basis for the Idea of Establishing Specialized Court for Medical Profession." Jurnal Impresi Indonesia 3, no. 8 (August 16, 2024): 599–605. http://dx.doi.org/10.58344/jii.v3i8.5241.
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This research discusses which laws and regulations can be used as a legal basis for the establishment of Special Medical Courts in Indonesia. The aim of this research is to find out which laws and regulations can be used as a legal basis for the establishment of Special Medical Courts in Indonesia. The method in this research is normative legal research using normative case studies in the form of legal behavior products, for example reviewing laws. The research results obtained are that the laws and regulations that can be used as a legal basis for the establishment of a Special Medical Court in Indonesia are (1) Pancasila and the 1945 Constitution as a philosophical basis, and (2) Article 28D, Article 28 H (paragraph) 1 Constitution of 1945, Law Number 29 of 2004 concerning Medical Practice, Law no. 48 of 2009 concerning Judicial Power, Law no. 36 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law Number 36 of 2014 concerning Health Workers as jurisdiction.
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Ablaeva, E. B., A. R. Ensebaeva, and M. A. Utanov. "Ensuring the Rule of Law in Public Administration and Local Self-Government." Lex Russica 1, no. 2 (February 28, 2020): 141–52. http://dx.doi.org/10.17803/1729-5920.2020.159.2.141-152.
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The paper examines the powers of the judiciary to ensure the rule of law in the sphere of public administration and local self-government, which, according to the authors, consist in the implementation of the judicial control function by the courts. Granting the judicial power with the function of judicial control and expanding the scope of its implementation is one of the mechanisms that, in conditions of ensuring the rule of law, are necessary in order for everyone to exercise their constitutional freedom to appeal to the court against illegal acts, decisions, actions or omissions of public authorities, their officials, and civil servants. It is obvious that the role of the judiciary is significantly enhanced in the implementation of the second institutional reform to ensure the rule of law. Today, the rule of law in the sphere of state and local government is ensured the implementation of judicial control by courts of general, specialized and higher jurisdiction, as well as specialized formulations courts of the Republic of Kazakhstan in accordance with the RK legislation on civil and criminal procedure and administrative offences. However, according to the study, administrative and judicial reforms carried out in parallel in the Republic of Kazakhstan have resulted, on the one hand, in strengthening judicial control in the sphere of state administration and local self-government, and, on the other hand, in restricting the constitutional right to judicial protection and freedom of appeal in court. According to the authors, the steps to optimize the courts, consisting in the transition from a five-level court to a three-level court, have not achieved their main goal-to simplify access to justice.
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De Hert, Paul, and Fisnik Korenica. "The Doctrine of Equivalent Protection: Its Life and Legitimacy Before and After the European Union's Accession to the European Convention on Human Rights." German Law Journal 13, no. 7 (July 2012): 874–95. http://dx.doi.org/10.1017/s2071832200020794.
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The relationship between the Court of Justice of the European Union (henceforth: Luxembourg Court) and the European Court of Human Rights (henceforth: Strasbourg Court) has been one of the prevailing issues in the human rights debate in Europe. The main crater in the relationship between the two courts is the fact that Strasbourg could not call directly into responsibility the Luxembourg Court due to the fact that EU is not a party in the ECHR, whereas the Luxembourg Court is not likely to obey a Strasbourg ruling without having any international legal obligation to do so. This situation has thus far led to many observations that have called for the accession of the EU to the ECHR, a step that would legalize the relationship between the EU and the Council of Europe, offering critics of human rights an assurance that the EU's human rights regime will become externally controlled by a specialized human rights court.
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Petrescu, Oana M. "Theoretical approach of the main means of appeals in the European procedural law." Anais da Academia Brasileira de Ciências 87, no. 4 (December 4, 2015): 2317–33. http://dx.doi.org/10.1590/0001-3765201520140131.
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Knowledge and understanting the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into accout the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in general, the judicial control of the judgments and orders delivered by the General Court and by the Civil Service Tribunal, as a specialized tribunal on civil servant issues, but also the sui generis means of appeals and the extraordinary means of reviews of the judgments and orders. We shall mention that all of them are exercised in accordance with the Rules of Procedure of the European courts and the Statute of the Court of Justice of the European Union. Another aspect to be mentione is that the judjments of the Court of Justice cannot be challenged to another court, as they remain final and irrevocable.
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Rachovitsa, Adamantia. "On New ‘Judicial Animals’: The Curious Case of an African Court with Material Jurisdiction of a Global Scope." Human Rights Law Review 19, no. 2 (June 2019): 255–89. http://dx.doi.org/10.1093/hrlr/ngz010.
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Abstract The article aims to think anew about the jurisdiction ratione materiae of the African Court on Human and Peoples’ Rights. The Court, based in Arusha, enjoys a distinctive contentious jurisdiction which extends to the interpretation and application of any other relevant human rights instrument ratified by the States concerned. The Court’s striking features set it apart from human rights bodies and most international courts. Its jurisdiction has been received with scepticism and fear arguing that, if the Court extends its jurisdiction over treaties other than the African Charter on Human and Peoples’ Rights, this will lead to jurisprudential chaos and will undermine the formation of the African corpus juris. This article discusses the case law of the Court since 2013, when the Court started functioning, and argues that these concerns are over-emphasized. The analysis underlines the shifting authority of specialized and/or regional courts; the need not to overstress but to appreciate positively instances of divergence; and the consideration of new conceptual and geographical topoi, in which international law is to be found and produced.
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Miethe, Terance D., Hong Lu, and Erin Reese. "Reintegrative Shaming and Recidivism Risks in Drug Court: Explanations for Some Unexpected Findings." Crime & Delinquency 46, no. 4 (October 2000): 522–41. http://dx.doi.org/10.1177/0011128700046004006.
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Braithwaite's (1989) theory of reintegrative shaming has been increasingly used to explain how social control efforts may result in both conformity and deviance. Using this theory as an interpretive framework, this study examines the relative effectiveness of a specialized drug court in reducing recidivism risks. Contrary to expectations based on its structural similarity to the principles of reintegrative shaming, the authors find that risks of recidivism for drug court participants are significantly higher than comparable offenders processed outside drug court. Field observations and a more detailed examination of daily practices explain these unexpected findings by revealing that the drug court is actually more stigmatizing than conventional courts and is not reintegrative enough in its orientation toward punishment. The results of this study are then discussed in terms of their implications for further research.
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Reichenthaler, Michael Johannes. "Das Kartellgericht der Weimarer Republik: eine Institution zwischen Verwaltungsgericht, Zivilgericht und Verwaltungsbehörde und seine Bedeutung für den verwaltungsgerichtlichen Rechtsschutz." Miscellanea Historico-Iuridica 22, no. 1 (2023): 119–47. http://dx.doi.org/10.15290/mhi.2023.22.01.06.
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This article deals with the possibilities of obtaining administrative court legal protection at the imperial/national level during the Weimar Republic. Characteristic for this epoch of German administrative jurisdiction is the formation of numerous specialized administrative courts. As an example of this practice, the following article focuses on the Antitrust Court as a typical special administrative court of the Weimar period. However, it begins with the changes in administrative jurisdiction in general that resulted from the new Weimar Constitution, which gave administrative courts constitutional protection for the first time in German legal history. In addition, the paper outlines how this new constitutional framework was received by scholars and had an impact in practice. However, the proclamation of a German Republic after World War I, not only changed the constitution, but also meant that the administration was confronted with completely new challenges. How the German administration responded to this new situation is also briefly outlined in order to provide a better understanding of the importance and scope of the administrative courts' activities at the national level. The article focuses on the antitrust court and in particular on its competences and available remedies. These two parameters of court organization provide information on whether the Antitrust Court was actually an institution committed to legal protection or whether the effectiveness of the administration was the guiding idea that shaped the activity of the Antitrust Court.
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Glotov, Sergiy. "The high court for intellectual property as an element of the judicial system in Ukraine. CONTRA SENTENTIAM." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 121–32. http://dx.doi.org/10.33731/42022.265935.
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Keywords: intellectual property law, Higher IP Court, judicial system, legal position,fact in issue
Based on the analysis of the provisions of the Law of Ukraine «On Judicial System and Status of Judges», provisionsof procedural codes, as well as international practices, the author expresses doubts about the expediency of existence in the judicial system of Ukraine of a Higher Intellectual Property Court as a separate judicial institution. The identified proceduraland organizational flaws point to the untenability of the position that introducing such a specialized court into the judicial system would increase the effectiveness of intellectual property protection in Ukraine.There is every reason to assert that the Ukrainian state policy in the matter of the specialized court for this field tends towards ending up with something like a patent court. However, considering the qualification of the candidates for the domestic IPcourt and the first results of the competition, most likely Ukraine is going to end up with a High Court for Intellectual Property Matters composed of regular judges.In view of that, the decision to establish a specialized court for intellectual property matters as a separate element of the judicial system appears to be quite questionable, as it defeats the purpose of its creation. And this means, at the very least, budget wasted on the maintenance of an entire judicial institution.It is also absolutely unclear how the judges of the specialized court will be able to improve the quality of justice in the field of intellectual property law, as they will be effectively unable to bring law enforcement to a new level due to being burdened bythe already existing legal positions of the Supreme Court.The purpose of the article is to demonstrate the importance of the problems that are to be expected as a result of functioning of the Higher IP Court, and to propose an alternative way of ensuring the effectiveness of the protection of exclusive rights.
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Figura-Góralczyk, Edyta. "O potrzebie utworzenia wyspecjalizowanych sądów do rozstrzygania międzynarodowych spraw handlowych – doświadczenia Niemiec oraz innych wybranych państw członkowskich UE." Prawo w Działaniu 42 (2020): 189–206. http://dx.doi.org/10.32041/pwd.4208.
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The article discusses specialized courts for Cross-border commercial cases in Germany and other selected Member States of the European Union. The article is divided into four parts, including: (1) introduction; (2) a discussion of the specialized court for cross-border commercial cases in Frankfurt on the Main; (3) a comparison of the aforementioned German court to initiatives in France, the Netherlands, and Ireland, as well as at initiatives at EU level; and (4) conclusions. The aim of this article is to emphasise the need for specialization on the court’s part in the field of resolving international commercial disputes on the basis of experiences from Germany and selected other EU Member States. The direct impulse for establishing specialized courts for cross-border commercial cases was caused by the UK’s exit from the EU (Brexit). The German initiative fits in with European initiatives taking place in Ireland, France and the Netherlands in the field of appointing courts before which proceedings could be brought in international commercial disputes. On the basis of experiences of those countries such courts should have the following features: (1) the proceedings should be conducted in English, both the oral part and the written part; (2) it is best when among judges, all of whom speak English, there are ‘experts’ in international commercial disputes; (3) the proceedings should be de-formalized and as short as possible; (4) the parties should be given the autonomy to choose the court’s jurisdiction; (5) the costs of proceedings should be competitive compared to costs of similar proceedings in other EU Member States.
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MURZAGALIEV, Erdos Ch. "ON THE ESTABLISHMENT OF A SPECIALIZED TRANSNATIONAL TAX CRIME COURT." Herald of the russian law academy, no. 4 (2019): 29–33. http://dx.doi.org/10.33874/2072-9936-2019-0-4-29-33.
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