Administration Of Justice Research Articles

Unexpected discoveries in comparative legal studies of criminal proceedings

Comparative legal studies have always been a significant part of scientific research of the problems of criminal procedure.At present, comparative studiesof criminal procedure have become more demanded because of the need of constant international exchange of legislative and law enforcement experience. In this regard, the requirements for the quality of these studies are becoming higher.Currently, in scientific researches are usually used legislative sources only in the original language.During the comparative analysis not only the provisions of normative legal acts in their general legal meaning are compared, but also specific original terms in accordance with the context.A comprehensive legal and linguistic analysis of legislative provisions used in different national legal systems allows us to identify new meanings in the compared laws, assess the effectiveness of legal regulation of similar public relations in different states, consciously adopt or refuse foreign legislative experience.The author analyzes the published comparative studieson the problems of choosing preventive measures in the criminal process of the Swiss Confederation, the witness immunity ofprofessional secrecy keeper and the reform of theadvocacy in the Federal Republic of Germany. Based on the results of the analysis, the author claims that an accurate translation of specific legislative terms used in these states allows us to more fully reveal the meaning of regulatory legal prescriptions and to avoid attempts to fit the legal concepts familiar to Russian and Russian-speaking lawyers into a foreign regulatory scope.In this context, the problems of the theory and practice of the Russian criminal process concerning detention in pre-trial and judicialcriminal proceedings, witness immunity of alawyer, the role of a lawyer in the administration of justice are considered.

CREATION OF PRODuCTION-COMRADES' COuRTS IN THERSFSR IN THE LATE 1920s — EARLy 1930s

The article discusses the practical implementation of the Workers’ and Peasants’ Inspectorate’s proposal to set up community courts at factories. The reasons that led to this proposal and the discussions it provoked are described. The ideological motives (expressed by the authors of the proposal, as well as in general in the Soviet management circles) for involving the public in the administration of justice are also described. The pro-cess of establishing community courts at factories is divided into several stages, each with its own characteristics. At first, the community courts were established as an experiment, so their jurisdiction was very limited and the list of enterprises where they could be set up was agreed by the central authorities. However, later on, as this form of justice proved to be effective and was highly appreciated by the workers themselves, the community courts began to be established throughout the RSFSR, and their competence was extended. In the process, the basic purpose of the community courts was also changed. This change, among other factors, predetermined the success of this initiative and the long existence of the Comrades' courts.

The Dual Legal System and Its Effects in the Administration of Justice in Zambia

The Dual Legal System and Its Effects in the Administration of Justice in Zambia

Viceroys, royal governors and the administration of justice in Portuguese America (17th and 18th centuries)

Resumo: Se a história do direito e a história social da justiça ganharam grande impulso dentro da produção historiográfica luso-brasileira no último quarto de século, é também verdade que elas têm sido predominantemente abordadas por meio das ações dos juízes e magistrados. Considerando que ainda são relativamente poucos os trabalhos que se propõem a analisar a participação de outros agentes no governo da justiça, o presente artigo visa oferecer uma contribuição a esse campo de estudo analisando as ações dos vice-reis, governadores-gerais e governadores de capitania nesse campo jurisdicional, privilegiando uma perspectiva sistemática e abrangente. Pretendemos cartografar essas ações ao longo dos séculos XVII e XVIII, por meio dos diferentes auxílios prestados pelos governadores aos agentes da justiça e das ações governativas que os colocam, propriamente, no lugar de protagonistas do governo da justiça.

Проектирование «ответственного за прошлое» немца в ФРГ в 1950‒1980-е годы: этические и правовые аспекты

The efforts to foster a sense of responsibility for the past in the Federal Republic of Germany (FRG) from the 1950s to the 1980s were influenced by the tension between the legal and ethical evaluations of the outcomes of World War II. The article describes the legal foundations underpinning this process and the challenges faced by the legal system of the FRG during the trials of war criminals. The article also explores the ethical founda-tions and key debates in German society regarding the creation of a new kind of German citizen ‒ one who con-demns National Socialism and is willing to take responsibility for Nazi crimes. The analysis shows that estab-lishing a new post-conflict culture, based on the supremacy of civil rights and freedoms, and a critical reexami-nation of the past, has been a complicated process. German intellectuals actively debated the need for an ethical foundation for society. However, these new foundations were rejected in legal practices due to the continued influence of legal positivism, which emphasized adhering to the “letter of the law” rather than universal moral norms in the administration of justice. The law offered a different view of the German people: independent of historic changes, they could not be blamed simply for living under National Socialism. The process of fostering responsibility for the past was over only by the late 1980s, after the aforementioned conflict had been resolved and a more liberal approach in law had become dominant.

Victim’s Right to Compensation from the Money Launderer: A Comparative Perspective

Money laundering in Latvian law is considered a criminal offence against the interests of the financial system and the administration of justice. However, money laundering may also affect the property interests of the victim of a predicate offence whose assets due to money laundering have become unrecoverable. The study examines whether the victim can claim compensation from the launderer under Latvian law compared to Swiss and German laws. The results show that Latvian courts do not consider money laundering activities to cause economic losses to the victim, thus excluding compensation. However, payment of the value of the laundered assets may be ordered for the benefit of the victim. In contrast, Swiss and German courts acknowledge economic losses stemming from the money laundering itself, which provides a basis for compensation. Both approaches lead to different legal issues, which are analysed. Keywords: economic losses; money laundering; right to compensation.

The procedure for opening a simplified legal proceedings in administrative justice

The procedure for opening a simplified legal proceedings in administrative justice

The Role of Labour Officers in The Administration of Labour Justice in Uganda

The Role of Labour Officers in The Administration of Labour Justice in Uganda

The Future of Artificial Intelligence and the Administration of Law and Justice in Nigeria

The Future of Artificial Intelligence and the Administration of Law and Justice in Nigeria

История возникновения и развития российского уголовного законодательства об ответственности за неисполнение приговора суда, решения суда или иного судебного акта

Understanding the legal value of justice as a type of state activity, during which the function of social control is carried out and the proper degree of uniform behavior of citizens is ensured, was achieved only during the evolutionary development of society in the process of improving the legislative mechanism and increasing the value of normative regulation of relations in the field of administration of justice. At the same time, an important guarantee of the effective implementation of judicial power is the principle of universally binding judicial acts. This principle ensures the ordering of social relations through the enforcement of legal norms. In this regard, the current law provides for criminal liability for non-execution of judicial acts (sentences, decisions, etc.). This criminal law prohibition is not an arbitrary act of the legislator; its formation and development are directly related to the process of formation of social relations. At the same time, criminal legal ensured the protection of a judicial act from non-execution means not at all stages of the historical development of society. The emergence of this norm is due to a number of interrelated and interdependent factors, among which the most important are, firstly, the level of organization of the mechanism of state power, and secondly, the complication of the system of state bodies and the separation of justice bodies in it. It is through the prism of these factors that an analysis of legislation on criminal liability for non-execution of judicial acts is necessary. The subject of research within the framework of this article is the historical background of the process of formation and development in the pre-Soviet and Soviet periods of criminal legislation, providing for liability for failure to comply with a court verdict, court decision or other judicial act. It is concluded that the criminal legal protection of relations arising in the sphere of execution of judicial acts largely depended on the mechanism for the implementation of judicial power and the models of execution of court decisions determined by this mechanism. In the process of historical development of Russian statehood and legislation, the nature and methods of exercising judicial and executive (administrative) power underwent changes, the established procedure for the execution of judicial acts in civil and criminal cases, as well as the criminal law mechanism for its (procedure) protection, underwent corresponding changes.

The Advancement of Administration of Justice by Article 163 (4) (b) in Light of the Hermanus Steyn Case: the Challenges, Opportunities and Pitfalls

The Advancement of Administration of Justice by Article 163 (4) (b) in Light of the Hermanus Steyn Case: the Challenges, Opportunities and Pitfalls

Some issues on improving the judicial system of the Republic of Kazakhstan

This article discusses some issues related to improving the judicial system of the Republic of Kazakhstan. It is emphasized that the judiciary occupies a special place in the mechanism for protecting human rights. The importance of the category of justice for the judicial system is considered, the norms of the current legislation are analyzed, and it is concluded that the term “impartiality of judges” means justice. Justice is impossible if the court is biased, and accordingly, biased justice gives rise to unfair decisions and leads to a low level of citizens' trust in the state as a whole. The article also discusses such a problem as the high workload of judges, and it is proposed to introduce the institution of assistant judges. The legal experience of foreign countries in which the institute of judicial assistants operates is analyzed. World practice shows that assistant judges directly contribute to improving the quality of the administration of justice. Particular attention is paid to the process of expanding the specialization of courts. An analysis of the administrative form of legal proceedings is carried out, as well as the provisions of the new Administrative Procedure Code. In conclusion, this article concludes that the judicial system must be stable and conservative, and a unified judicial practice must be formed.

The Interdiocesan Tribunal: Dying Institution or Possible Solution?

abstract: An examination of the history and development of interdiocesan tribunals reveals their implementation for more than eighty years as a means by which to ensure the proper administration of justice in the processing of causes. In order for this proper administration to occur, tribunals must be populated with ministers whose expertise in the matters to be adjudicated and availability to devote adequate time and energy to the process truly qualifies them for this grave task. The current scarcity of ministers with adequate knowledge of penal law, especially on the level of the particular church, is an obstacle to justice in the processing of penal causes with expedience and accuracy. By combining the ministers and resources of multiple dioceses, interdiocesan penal tribunals could contribute to the removal of this obstacle in the future.

An Economic Analysis of the Preventive Administration of Justice in Civil Law Countries

An Economic Analysis of the Preventive Administration of Justice in Civil Law Countries

Exploring Adr in Criminal Process: a Panacea to Effective Administration of Justice in Nigeria

Exploring Adr in Criminal Process: a Panacea to Effective Administration of Justice in Nigeria

Ensuring Sustainable Development of the Kyrgyz Republic: The Impact of Administrative and Judicial Control on the Construction Sector

The article analyzes the legal framework of administrative justice and administrative-judicial control in the Kyrgyz Republic from the point of view of protecting human and civil rights and freedoms for the construction sector. The trends in the development of these institutions in the country are considered. The article examines the features of administrative and legal regulation, elements of administrative law, from the point of view of their direct connection with the problem of ensuring human rights and freedoms and Citizen. Administrative and judicial control is disclosed in the forms determined by the specifics of relations in the specified industry. The main problem in the Kyrgyz Republic today is the creation of mechanisms of administrative justice that would fully ensure the rights and freedoms of man and citizen, guarantee the effectiveness of the judicial system itself, as well as the rule of law. The purpose of this study is to analyze the legal foundations of administrative justice and administrative-judicial control in the Kyrgyz Republic in the context of the protection of human and civil rights and freedoms in the field of public administration for construction. The main research methods are the formal legal and comparative legal methods.

Supervision of government regulations in Iran's legal system; An analysis of Article 120 of the Law of the Court of Administrative Justice

Supervision of government regulations in Iran's legal system; An analysis of Article 120 of the Law of the Court of Administrative Justice

Dynamics of Interaction between the Right to Access to Administrative Justice and the Implementation of Decisions of the Constitutional Court of Ukraine

Dynamics of Interaction between the Right to Access to Administrative Justice and the Implementation of Decisions of the Constitutional Court of Ukraine

Intervention of the General Board of the Administrative Justice Court in Higher Education Issues

Intervention of the General Board of the Administrative Justice Court in Higher Education Issues

On the issue of the need to form an institute of administrative justice

On the issue of the need to form an institute of administrative justice