Administration Of Justice Research Articles

Principles of judicial policy in the system of judicial and legal relations

Judicial policy plays a critical role in the formation and development of the judicial system in modern society. It provides a strategic framework on which decisions are made on the organisation of the judicial system, setting priorities in its work, reforming procedures and ensuring legal protection of citizens. The judicial policy covers a wide range of aspects, from the development of legislation to the administration of justice in practice. In this context, it is important to consider the principles of judicial policy that underpin the judiciary and determine their role in shaping the judicial system of Ukraine. In today’s context, when Ukraine is facing the task of reforming its legal system and ensuring the rule of law, as well as taking into account the growing challenges and needs of society, understanding the principles of judicial policy becomes a priority task to ensure justice, legal order and harmony in society. The analysis of judicial policy principles will contribute to the effective functioning of the judicial system, ensure the independence and objectivity of the courts, and protect the rights and freedoms of citizens. Such a study will not only contribute to further improvement of the judicial system, but will also help to ensure that its activities comply with international standards and requirements. The relevance of the chosen topic for scientific research is manifested in the need for a systematic analysis of the principles of judicial policy as a phenomenon and instrument by which the judicial system of Ukraine should function and evolve. This article is one of the first attempts to make a comprehensive study of the theoretical and practical aspects of the principles of judicial policy and to determine their role in judicial and legal relations. The article examines certain aspects of systematisation of judicial policy principles as the basis for the functioning of the judicial system. The author reveals the theoretical foundations, content and nature of these principles in terms of their impact on the activities of judicial bodies. The author analyses the regulatory and legal framework of the judicial policy principles in national legislation and international documents. The author emphasises the importance of the judicial policy principles’ influence on the formation of the judicial system of Ukraine and identifies the main trends in their application in the context of modern challenges.

Signs of the subjective side of murder as a typical legal construction

The basic law of our state enshrines the conceptual provision, according to which human rights and freedoms and their guarantees determine the content and direction state activities. And therefore the protection of a person from criminal offenses, the protection of his rights, freedoms and legitimate interests is one of the most important tasks of state policy. One of the most important issues in the application of the criminal law is the definition of which one the criminal offense was committed by a person and under what criminal law the offense is foreseen. This issue is resolved in the process of criminal qualification Offenses Demarcation of the components of individual criminal offenses is important significance in the process of carrying out criminal-legal qualification. Meaning of legal practices, precedents and doctrines of criminal law for proper qualification criminal offenses are difficult to overestimate. The subjective side of criminal offenses (crimes, criminal misdemeanors) is an important part application of the law on criminal liability. The demands of today require a clear understanding of the theory of the subjective side of the criminal offense and practice. The modern stage of the development of the domestic science of criminal law and process determines the need for further research of scientific views on the theory of qualification criminal offenses and their successful application by law enforcement agencies, which will unconditionally contribute to the correctness and unity of judicial practice in solving tasks criminal proceedings. At the same time, ensuring the unity of practice is implementation the principle of legal certainty, which is embodied in compliance with general principles criminal proceedings established in Art. 7 of the Code of Civil Procedure, by means of the same application specific rule of law in similar legal relations. Correct qualification of a criminal offense for a committed socially dangerous act is mandatory a condition for the administration of justice in accordance with the law and one of the guarantees of compliance the convention requirement of the human right to a fair trial, provided for in Article 6 of the Convention on the protection of human rights and fundamental freedoms of 1950. Key words: murder, subjective side of criminal offenses (crimes, criminal misdemeanors), theory of qualification of criminal offenses, qualification criminal offenses on subjective grounds, court practice.

Civil liability of a medical organization for personal data leakage

Relevance. When considering claims for leakage of information constituting the patient's personal data and his medical confidentiality, the courts give a different assessment of the grounds for civil liability of medical organizations. The article reveals the established approaches to assessing the guilt of a medical organization that violated the confidentiality of personal information of citizens who applied for medical help.The purpose of the study is to supplement theoretical provisions aimed at deepening scientific knowledge about the civil liability of medical organizations for the unlawful dissemination and (or) use of patient's personal data, including information related to medical confidentiality; development of proposals to eliminate the imbalance of the patient's personal data confidentiality regime and his right to legal assistance.Objectives: analyze civil legislation, legislation on personal data, the positions of the Constitutional and Supreme Courts of the Russian Federation regarding the protection of patient personal data, decisions of courts of general jurisdiction on claims of liability of medical organizations for unlawful actions with personal data that resulted in the leakage of personal information about patients; to study and update the proposals available in theory aimed at uniform law enforcement in cases of this category.Methodology. The study was carried out through methods of induction and deduction, analysis and synthesis, formal-legal, system-analytical and formal-logical methods, as well as a method for generalizing judicial practice. The results are reflected in the formulated proposals aimed at improving the judicial protection of personal data of patients of medical organizations, and the uniformity of judicial practice in terms of the responsibility of medical organizations in cases of this category.Conclusion. In cases of responsibility of medical organizations for the leakage of personal data of patients, uniform law enforcement did not work out. The right of a lawyer to access the personal data of persons who received medical assistance did not receive an unambiguous assessment by judicial practice. To eliminate the existing gaps in the protection of the intangible benefits of the patient under consideration, the need to exclude their personal data from the confidentiality regime for the administration of justice and in the provision of qualified legal assistance under the contract is argued.

Role of registry offices regarding the expiration of precautionary measures according to Law 1579 of 2012

In the context of Colombian legislation, the registry offices of public instruments play a role of significant relevance. These offices operate as intermediaries for the materialization of the transfer of real estate, pursuant to Article 756 of the Civil Code. In this analysis, we address the crucial role of the registry offices of public instruments in relation to the expiration of precautionary measures, framed in Article 64 of Law 1579 of 2012. Since more than ten years have passed since the implementation of this provision, the processes involving the renewal of precautionary measures have been addressed in correspondence with the interested parties and their legal representatives. In order to understand this approach, a methodology based on documentary review has been adopted, analyzing relevant research on the subject. Through this analysis, it has been possible to corroborate the usefulness and relevance of forfeiture as it has been conceived in the legislation. It is evident that precautionary measures were designed with the purpose of ensuring compliance with judicial rulings, in response to a global reality in the field of the administration of justice: the time required to initiate, develop and conclude a legal process. In the Colombian context, this duration is excessive. However, these measures are essential to safeguard the results of judicial decisions and have been conceived as a response to the prolonged time involved in carrying out a legal process in various justice systems (Case T-356/18, Constitutional Court, 2018)

Collaboration between forensic odontology and forensic pathology is crucial in Disaster Victim Identification

While forensic pathologists have always played a pivotal role in victim identification after mass casualties, new developments in forensic methods have given forensic anthropologists more agency in positively identifying individuals who were previously unidentifiable.This review aims to contribute to the refinement of diagnostic tools, ensure optimal utilization of remnants and information available, and emphasize the contributions of forensic pathologists and forensic odontologist to victim identification and the importance of forensic pathologists and forensic odontologist in the criminal justice system. Considering the Interpol DVI Guide's emphasis on fingerprints, dental examinations, and DNA as primary identifiers, the forensic pathologist's role as the leader of a multidisciplinary team of experts in a disaster situation has taken on new significance. This is due to the forensic pathologist's and forensic odontologist training and experience leading similar teams during routine operations at a forensics institute. This thorough examination highlights the utmost significance of the job carried out by forensic pathologists and forensic odontologist. They play an important role in the judicial process by providing expert views in criminal investigations. Their expertise ensures accurate identification of victims and provides critical evidence that is necessary for holding offenders responsible. Their contributions are fundamental to the administration of justice, highlighting the great importance of their function in the overall structure of the criminal judicial system.

Technologies Versus Justice: Challenges of AI Regulation in the Judicial System

The article examines issues of using artificial intelligence in such a sensitive area of human activity as justice. The authors refer to numerous facts on attempts to create a kind of “smart court” in various countries. At the same time, these attempts run up against circumstances that indicate the need to establish legal restrictions on the use of artificial intelligence in the administration of justice. Moreover, according to the authors’ reasoned conviction, there are areas in which the robot judge turns out to be powerless to replace human intelligence. Based on the philosophical and legal approach to assessing such a phenomenon as digitalization and the phenomenology of legal judgment, the authors conclude that the adoption of a court decision that meets the requirements of the principle of justice is something beyond the reach of artificial intelligence. Such a decision can only be made by a human judge, but not by a robot. AI systems in the judicial system should support rather than supersede judges.

Применение мировыми судьями общепризнанных принципов и норм международного права

The article is dedicated to application of international law provisions at administration of justice by justices of the peace. In the conditions of ongoing progress and the ever-growing volume of external information in daily life, one can no longer ignore constant amendments and changes as well as a large volume of information. Justices of the peace are involved in the assurance of observance and application of generally accepted international law principles and provisions along with other courts. However, in practice, justices of the peace encounter difficulties in interpretation and application of international provisions in the course of administration of justice. Based on the results of the conducted study, the author concludes that judicial activities need to be permanently improved in terms of implementation of international law provisions on the statebased level. The author arrives at a conclusion that the development of consecutive judicial practice and optimization of judge training will make it possible to raise legal certainty in this sphere.

The Legal Professional Privilege in Competition Law Cases – A Key Element in Protecting the Proper Administration of Justice

The legal professional privilege is an important principle underpinning the EU judicial system as it ensures the proper administration of justice, procedural efficiency and protects fundamental rights such as a client’s defence rights and the right to privacy enshrined in Articles 47 and 7 of the Charter. In competition cases, the European Commission has relied on an old ruling from the Court of Justice of the European Union (the ECJ), and only acknowledged one of these aims – the protection of the client’s defence rights. While the ECJ has recently received the chance to align the EU standard to that of the ECHR by broadening the scope of protection, the Commission appears unwilling to abandon its previous stance. It is important that the Commission shoulders the responsibility to ensure a procedure that is fair, and which acknowledges the basic principles underpinning a society governed by the rule of law. The current approach breathes life into questions on the legitimacy of its actions and the appropriateness of letting it take on the roles of enforcer, prosecutor and judge in competition cases, where companies not only risk having to pay fines of up to ten percent of their annual turnover, but now also appear to have to face the threat of divestitures should the Commission find that they are infringing the EU competition rules.

Justice is Blind and So is Her Architect: Canadian Courthouse Designs and their Socio-Spatial Implications

The imposing design of modern Canadian courthouses reflects the adversarial nature of the Canadian criminal justice system. This paper critically examines how excessive surveillance and security tactics, physical segregation in courtrooms, and restrictions on religious clothing inadvertently harm court users. Drawing on a blend of social sciences and architectural design theory, the analysis recommends greater efforts on behalf of the courts to ensure safe and meaningful victim participation, allow room for agencies assisting accused individuals or victims, and support opportunities for restorative justice. Courts are living, breathing social spaces which influence the administration of justice. As such, this paper argues that courthouses should be adaptable and evolve to address the needs of a transforming legal landscape. Overall, the judicial process is a distressing experience for all of the parties involved. Shifting to a more progressive and inclusive courthouse design is a key step in embodying the justice system that Canada needs.

СТАНДАРТИЗАЦИЯ ЭКСПЕРТНОЙ ДЕЯТЕЛЬНОСТИ КАК ВАРИАНТ ОБЕСПЕЧЕНИЯ НАДЛЕЖАЩЕЙ КОМПЕТЕНЦИИ ЭКСПЕРТА В ГРАЖДАНСКОМ СУДОПРОИЗВОДСТВЕ

In the modern realities of the administration of justice in the framework of civil proceedings, it is obvious that the special knowledge of non-governmental experts is actively used. The competence of these experts, for a number of objective reasons, does not always correspond to the competence of state experts. One of the solutions to the problem of insufficient competence of non-governmental experts may be the standardization of forensic expertise.

Artificial Intelligence and Administrative Justice: An Analysis of Predictive Justice in France

Artificial Intelligence and Administrative Justice: An Analysis of Predictive Justice in France

‘This is counterproductive’: the design of local welfare assistance schemes in England

ABSTRACT Central government is transferring increasing discretionary powers for social security to local authorities (LAs) in England. The responsibility for the design, implementation, and oversight of a series of ad hoc, cash-limited, and discretionary schemes marks the latest evolution of LAs role in the welfare system. Yet there has been little empirical analysis of how LAs design one of the latest schemes in the localisation process – local welfare assistance. This article draws on a content analysis of 165 LA webpages and 10 interviews with LA and third sector members to explore the design of local welfare assistance schemes and the factors that play into these ‘design decisions’. It is argued that LAs play a significant role in shaping the social security environment. This level of governance represents a site of analysis that can tell us about the environment that street-level bureaucrats work in and the schemes that citizens will experience. However, because of exhaustive demand and ever reducing resources LAs are unable to design in a way that promotes administrative justice. Instead, practices that limit, ration or delegating demand and resources leave claimants with inaccessible, unavailable, and discriminating local welfare.

AI’s Trojan Horse: The Deepfake conundrum under the criminal justice system

This paper seeks to address an emerging challenge in the criminal justice system: the advent of deepfake technology. A concept which can be symbolised as AI’s Trojan Horse – deepfakes, refers to highly realistic AI-generated audiovisual content – which have increasingly become indistinguishable from authentic recordings. Their existence poses unprecedented threats to the integrity of evidence, especially in the criminal law field, which serves as a watershed moment in the administration of justice. The paper’s exploration will begin with a foundational understanding of deepfake technology, delineating its evolution and operational mechanisms. This background is vital, as it sets the stage for understanding the complex legal challenges deepfakes introduce, particularly in undermining the sanctity of evidence in criminal trials. By analysing the potential for deepfakes to compromise a defendant's right to a fair trial, the research will highlight a critical gap in current legal frameworks and evidentiary standards, calling for pressing legal reforms and technological safeguards. Further, the question of appointing a corporate personhood to artificial intelligence will be deliberated upon, touching upon the socio-legal implications of the same. The paper will conclude by reflecting upon the future trajectory of deepfakes and their impact on the legal landscape, affirming the need for ongoing vigilance and adaptation in judicial administration.

Rebel Courts: The Administration of Justice by Armed Insurgents. By René Provost. Oxford, UK: Oxford University Press, 2021. Pp. xi, 474. Index.

Rebel Courts: The Administration of Justice by Armed Insurgents. By René Provost. Oxford, UK: Oxford University Press, 2021. Pp. xi, 474. Index.

MAIN TRENDS AND PROSPECTS FOR IMPROVING THE ADMINISTRATIVE JUDICIAL SYSTEM

The article is devoted to the analysis of the judicial system reform in the Republic of Uzbekistan, with a focus on the establishment and development of administrative courts. It describes the necessity of changes driven by democratic transformations and state modernization. The article provides data on judicial practice, highlighting the significance of administrative courts in protecting the rights and freedoms of citizens, as well as the interests of legal entities. Issues related to the jurisdiction of administrative cases and the territorial accessibility of courts are analyzed. The article examines international experience in the functioning of administrative courts, serving as a basis for proposals to further improve the administrative justice system in Uzbekistan. The importance of optimizing the activities of administrative courts is emphasized to ensure the rule of law and protect citizens' rights in the context of New Uzbekistan.

El acceso a la justicia de las poblaciones indígenas. Una necesidad desde el lenguaje

Indigenous peoples face limitations in understanding the justice system due to linguistic and cultural barriers; therefore, the use of clear and accessible language is essential for them to exercise their rights and participate effectively in judicial processes. Through a documentary review of the problems faced by indigenous peoples in accessing justice, the strategies developed by the Peruvian judiciary are described. It is stated that, despite the existence of regulations and policies that guarantee access to translators and interpreters in the judicial sphere, the actions are limited and need to be strengthened. There is a need for strategies that are sustained over time, and that allow their impact to be measured in order to evaluate their relevance and effectiveness. It is concluded that there is a need to develop a language policy focused on justice, which includes incentives —in the training of indigenous lawyers— as a mechanism for the preservation of indigenous languages. It also highlights the importance of language planning in the administration of justice in order to have native language-speaking operators in each judicial district, speciality and instance.

Navigating Judicial Precedents: A Comprehensive Analysis of the Legal Landscape Governing Bail in Pakistan

The working of the criminal justice system in Pakistan isfaced with many challenges in dispensing justice; one such thorny issue is the question of bail. This paper has tried to delve deep into the relevant laws and court judgments governing the grant of bail in Pakistan and their practice. It explores the guiding principles and standards for granting or refusing bail, taking into account elements including the seriousness of the crime, the possibility of the accused escaping. The study further investigates the implications of the bail procedure on the social justice administration process, considering its effects on victims' and accused persons' rights and general efficiency in the criminal justice system. This paper attempts to understand the dynamics of bail in the Pakistani criminal justice system and to arguefor its impact on human rights, access to justice, and the efficient functioning of the legal process.

THE ADMINISTRATIVE JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AS AN INSTRUMENT AND SUPPORT OF THE HEARING STATE

As we know, administrative justice is a kind of legal institution of judicial protection necessary to restore violated subjective rights, freedoms of citizens, legitimate interests of legal entities and other organizations by monitoring compliance with the law-abiding state in the public administration system, a special procedure for consideration and resolution of administrative and legal disputes arising from managerial relations. Administrative justice is aimed at ensuring the adoption of legally sound, timely, fair and understandable decisions in cases concerning the rights of people. Administrative justice ensures the rights of citizens in the administrative process. Finally, administrative justice has a great impact on the quality of public services and fair treatment of citizens. The process of making administrative decisions, there is a balance between issues of efficiency, regularity and the mechanical application of existing rules. Of course, the improvement of any social system is a necessary and sufficient condition for the existence and functioning of the system by itself. In general, the entire justice system is increasingly revealing the failure of efforts to protect the law-abiding state on the previous regulatory and organizational basis, legislative acts adopted in recent years in the legal field.

INTERACTION OF THE JUDICIARY AND THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the issue of interaction between the judicial branch of government and the highest official of the President of the Republic of Kazakhstan. The areas of activity in which the judiciary and the President interact are identified. Among the important and fundamental ones, the sphere of human rights and freedoms is highlighted, in which the Court and the President, as elements that make up the mechanism of the state, closely interact with each other in providing guarantees of constitutional rights and freedoms of the individual and providing them with judicial protection. Particular attention is paid to the constitutional powers of the courts to exercise judicial control regarding the compliance of acts of the President with the Constitution and the laws of the republic, as well as the administration of justice in criminal cases. Similarly, attention is drawn to the constitutional powers of the President to issue an act of pardon for a person convicted by the court, as well as to deprive him of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class, and state awards. The view is focused on the special procedure for implementing the constitutional and legal responsibility of the President and the termination of the constitutional powers of judges. The legislation and judicial practice of the Russian Federation in the issues raised are covered. The regulatory legal acts of the Republic of Kazakhstan defining the constitutional status and powers of the courts and the President were analyzed. Upon completion of the work, brief conclusions are given, arguing that courts and judges, firstly, when exercising their constitutional powers, have both external and internal independence, and secondly, they interact with all government bodies and officials, including the President, in strict adherence to the system of checks and balances that do not allow them to violate the unity of state power itself, its usurpation or concentration.

INSTITUTE OF ENSURING THE RIGHTS AND INTERESTS OF THE INDIVIDUAL IN THE FIELD OF CRIMINAL PROCEEDINGS (MONITORING THE LEGISLATION OF THE CIS COUNTRIES)Kairat Eslyamkalievich Ismagulov

The authors examined the issues of ensuring the rights and interests of individuals in the field of criminal proceedings both in the Republic of Kazakhstan and in other countries of the Commonwealth of Independent States (hereinafter referred to as the CIS). The protection of fundamental human rights and freedoms is a universal principle, since these values are subject to priority protection in all spheres of public and state life. Man, his rights and freedoms occupy a central place and dominate over all other humanitarian values. The protection of human rights and freedoms acquires particular socio-political importance in the field of criminal proceedings, that is, where law enforcement agencies have the capabilities of state coercion, allowing them to invade the sphere of personal interests and significantly limit them. The legal policy of the Republic of Kazakhstan has already solved a number of important tasks to improve criminal procedural legislation. Since 2015, a new Code of Criminal Procedure (hereinafter referred to as the Code of Criminal Procedure) has been in force, which has introduced many innovations to simplify, speed up, reduce investigative and judicial procedures, streamline and differentiate the procedural powers of persons conducting criminal proceedings, strengthen the status of the defense party, as well as ensure the rights and legitimate interests of all persons participating in criminal proceedings. In addition, new legal institutions, proceedings and norms have been introduced that bring the criminal process closer to successfully tested models for the investigation of criminal offenses and the administration of justice. Along with this, most legislative decisions, when tested by law enforcement practice, showed their weak (insufficient) effectiveness, inconsistency with the established provisions of the theory of criminal procedure law, the absence in law enforcement practice and in the theory of criminal proceedings of unified conceptual approaches to the volume, form, mechanisms and the limits of implementation of the constitutional principle of competition in regulating various legal relations in the area under consideration.