Appeal Procedures Research Articles

Resolving labour disputes within african international organizations

The article describes the internal mechanisms for resolving labour disputes between staff and administration within african international intergovernmental organisations, such as: African Union, Southern African Development Community, Economic Community of West African States. It is indicated that within the African Union there are informal and formal stages of dispute resolution – an appeal for review to the chairperson or competent authority of any other body and an appeal to the Administrative Tribunal. It is noted that the Administrative Tribunal is competent to consider applications for violations of the Staff Rules and Regulations; non-observance of contracts of employment and any other acts of employment; and, in certain cases, complaints about disciplinary sanctions. It is emphasised that the feature of protection of labour rights of the African Union staff is the provision enshrined in the Staff Rules and Regulations, according to which a staff member may, under certain circumstances, appeal to the African Court of Justice and Human Rights. It is stated that the Southern African Development Community Administrative Tribunal has jurisdiction to hear and resolve labour disputes between the Community Secretariat and any of its institutions. The Tribunal has two levels: First Instance and Appeal Board. It is noted that the system of internal labour dispute resolution of the Economic Community of West African States provides for the submission of an application for review, hierarchical recourse, and referral of the case to the Committee for Conciliation of Staff and Dispute Resolution. An Inter-Institutional Appeals Committee is established to deal with disciplinary appeals in relation to the application of the Staff Regulations, to which employees or their next of kin can apply. It is stated that the staff of any institution may apply to the Court of Justice of the Community after the staff member has exhausted all appeal procedures available to the official under the ECOWAS Staff Rules and Regulations.

Application of measures of procedural coercion in the economic process: certain aspects

The article is devoted to the study of certain aspects of the application of measures of procedural coercion in the economic process. In particular, the study of the effectiveness of the application of certain measures of procedural coercion in the economic process. This topic was chosen for research in view of the illegal behavior of participants in the economic process, which, according to the analysis of court practice, has recently become a mass phenomenon and has diversified into various types. The state of war in Ukraine also affected both the process of consideration of economic disputes and the behavior of the participants in the economic process, in particular of a negative nature, such as failure to appear at a court session without a valid reason, which prolongs the time frame for consideration of the case. For this purpose, it was established that in accordance with Part 3 of Article 42 of the Economic Procedural Code of Ukraine (hereinafter referred to as the Code of Economic Procedure of Ukraine), in the event that a party to the case fails to fulfill its obligations, the court shall apply procedural coercion measures to such a party to the case provided for by the Code of Criminal Procedure [1]. Pursuant to part 1 of Article 132 of the Criminal Procedure Code, measures of procedural coercion are: 1) warning; 2) removal from the courtroom; 3) temporary seizure of evidence for investigation by the court; 4) fine. At the same time, the application of procedural coercion measures to a person does not exempt him from fulfilling his duties. It was determined that in accordance with Part 2 of Article 131 of the Criminal Procedure Code, procedural coercion measures are applied by the court by issuing a resolution. At the same time, paragraph 16 of part 1 of article 255 of the Criminal Procedure Code establishes that decisions of the court of first instance on the collection of a fine in the procedure of procedural coercion may be challenged in the appeal procedure [1]. Also, the court itself can cancel the decision on the collection of a fine issued by it in accordance with the sixth part of Article 135 of the Criminal Procedure Code, if the person in respect of whom it was issued corrected the committed violation and (or) provided evidence of the validity of the reasons for not fulfilling the relevant requirements of the court or his procedural duties. Based on the results of the analysis of the norms of economic procedural legislation and court practice, the need to make changes to the norms defining the procedure for applying measures of procedural coercion in the economic process is substantiated.

Appeals after the Appellate Body

AbstractThe Appellate Body (AB) of the World Trade Organization (WTO) has not heard an appeal since 2019. This article explores how adjudicators and member states have navigated WTO dispute settlement in this post-AB world. It begins by providing an overview of dispute settlement practice from 2020 to 2022, including by cataloguing appeals into the void, appeals to arbitration, and appeals forewent. It explains the incentives created by the lack of a functioning appeals mechanism and provides background on the alternative appeals procedure agreed to among a subset of WTO members: the Multi-Party Interim Arbitration Arrangement (MPIA). Moreover, it closely examines five WTO disputes: Colombia–Frozen Fries, Turkey–Pharmaceutical Products, EU–Steel Safeguards, Thailand–Cigarettes, and Costa Rica–Avocados. Through these five disputes, the article examines the circumstances in which members have agreed to binding appeals arbitration even absent formally committing to the MPIA, the circumstances in which members have appealed to arbitration or foregone such appeals, and whether facilitated negotiations present a workable alternative to an effective appeals mechanism. Finally, this article closely analyzes the reasoning of two appeals arbitration awards issued to date – Colombia–Frozen Fries and Turkey–Pharmaceutical Products – with a special focus on how those awards depart from AB precedent and what those departures can tell us about the current crisis.

Regulation of unlawful waste deposition in the Republic of Slovenia

The Republic of Slovenia transposed its obligations outlined in Directive 2008/98 to the Environmental Protection Act through a legal order. Its first unlawful waste disposal regime was implemented in 2008. The responsibility for unlawful waste disposal is primarily placed on the polluter, while the subsidiary responsibility lies with the real estate owner. The owner of the real estate on which the waste is unlawfully disposed must arrange for proper disposal of the waste at his own expense if ordered by the inspection authority. The subsidiary responsibility of the real estate owner implies strong interference with the right to the property. To date, the Constitutional Court has not yet assessed the compatibility of this measure with the Constitution, as it has taken the view that it will not carry out an abstract assessment but will only make a decision through a constitutional appeal procedure. Despite several concerns, the regulations were maintained in the new Environmental Protection Act of 2022. In addition to the unlawful disposal of waste, this Act also regulates the legal consequences of littering; further, the Act imposes relatively high administrative fines, including on any landowner who fails to exercise his secondary responsibility. Notably, the unlawful disposal of waste is defined as a criminal offence that burdens and destroys the environment. The legal framework, in my opinion, fully meets the requirements of Article 36 of Directive 2008/98/EC.

피의자·피고인 신상공개 여부 결정에 대한 불복절차

「Act on special cases concerning the punishment of specific violent crimes」 didn’t have no provision on the appeal procedure against decision on the disclosure of suspects identity. According to precedents, the suspect can file an administrative litigation against an identity disclosure decision. This situation is the same under the 「Act on the disclosure of suspect’s identity concerning specific serious crimes」. However, the 「Act on the disclosure of suspects identity concerning specific serious crimes」 expanded the application scope of the institution of disclosure of suspects identity. Therefore, Appeal procedure against decision on the disclosure of suspects identity can be crucial in future. In this light, this article examines problems of the current appeal procedure against decision on the disclosure of suspects identity and suggests improvement methods after comparative law research.
 Disclosure decision of a public prosecutor or a judicial police officer is an administrative disposition of investigative agency during investigation phase. Therefore, it has rationality that the criminal court has jurisdiction over the appeal against an disclosure decision. Furthermore, in order that an determinate judicial ruling can be made quickly quasi-appeal procedure is appropriate for the appeal process against suspect’s identity disclosure decision.

Про інстанційний розгляд звернень громадян за захистом конституційних прав і свобод в Україні

The article is devoted to the analysis of the constituent elements of citizens’ appeals The types of appeals and ways of their resolution by public authorities and their officials within the limits of the powers granted to them by law are investigated. The grounds and procedure for processing appeals of individuals and legal entities to law enforcement agencies of other countries on the prevention, detection and investigation of crimes are considered. The article concludes that a wide range of appeals to public authorities for protection of violated rights and freedoms indicates that they are guaranteed in administrative (out-of-court) and judicial proceedings. The jurisdictional activity of public authorities when considering citizens’ complaints about violated rights and freedoms has an instance (stage) level, which is a condition for observance of the rule of law and other principles enshrined in the Constitution.

변호사법 제31조 제1항 제1호 위반 소송행위의 효력 및 배제방법

When a perseon become a legal counsel in violation of Article 31, Paragraph 1, first Subparagraph of the Attorney-at-Law Act, which stipulates the duty of a lawyer to avoid conflicts of interest, most theories and precedents agrees that if the opponent objects on the vitolation of regulation, litigation actions by the legal counsel should be nulified. The author agree on this view. However, in addition to excluding the effect of such litigation after the actions, there are several procedural issues surrounding litigation in violation of the above provisions of the Attorney-at-Law Act, but there has been no active discussion or precedents presenting legal principles regarding these issues. This was the case in Japan, which has similar Attorney-at-Law Act and Civil procedure Act systems.
 Japan's Supreme Court, through its decision in 2017, for the first time clarified legal principles regarding exclusion methods on litigation that violate the above Attorney-at-Law Act and several procedural issues on the appeal procedures. The other party's objection is not simply a request for the court to exercise its authority, but is a right of application that imposes a duty of response to the court. In case of dissent from the court's judgment, an immediate appeal must be made by analogically applying the provisions regarding judge recusal, and the person who can object is only the party and the counsel cannot be the person with the right to immediate appeal. Although not explicitly stated, it can be seen as an acknowledgment that the court's decision to exclude litigation is based on the method of decision. The discussions in Japan appears to be generally positive on the Supreme Court's rulling.
 The purpose of the above provisions of the Attorney-at-Law Act is to protect the parties, and the issue of whether the lawyer can participate in the lawsuit raised during the pending lawsuit needs to be quickly decided, and considering the fact that both the opponent and the party that trusted and appointed the lawyer need to avoid unforeseen damage, the above judgment of the Supreme Court can be agreed.
 Considering the fact that discussions in Korea and Japan regarding the effectiveness of litigation in violation of the Attorney-at-Law Act were similary developed until the above Supreme Court decision, Japan's precedents and discussions can be used as a sufficient reference in Korea. Not only in Korea but also in Japan, the legal principles regarding issues surrounding litigation violations of the above provisions of the Attorney-at-Law Act are still being formed. We hope that more in-depth discussions will develop by accumulating more precedents on this issue and by actively referring to discussions in Japan and other countries.

ПІДСТАВИ ДЛЯ СКАСУВАННЯ ПІДОЗРИ У КРИМІНАЛЬНОМУ ПРОЦЕСІ

The article examines the issue of grounds for the cancellation of suspicion. It is emphasized that the presence of reasonable suspicion and the application of a preventive measure presupposes a correct written notification of a person suspected of committing a criminal offense, which must be carried out in accordance with the procedure established by law. Suspicion is a procedural decision that is made at the pre-trial investigation stage, based on the collected evidence. It is based on the assumption of the involvement of a specific person in the commission of a criminal offense and is formed on the basis of the still inconclusive results of the investigation. This decision is made by the prosecutor or the investigator with the prosecutor's approval. As a conclusion, it is emphasized that the grounds for canceling a notification of suspicion may be a violation of procedural norms and requirements of the law, as well as the absence of strong evidence to substantiate the suspicion. The decision of the investigating judge on the refusal to satisfy the complaint on the notification of the change of the previously notified suspicion may be challenged in the appeal procedure, in particular, when the procedural norms are violated or significant deficiencies in the preparation or delivery of the notification are found. At the same time, it is also important to take into account the time frame of changes to the legislation regarding the preparation and delivery of reports of suspicion. Often in judicial practice, there is a contradiction in the decision of whether a case should be investigated on the basis of evidence or only the presence and weight of this evidence. Therefore, for the effective protection of the rights and interests of the accused, it is important to have a clear understanding of procedural rules and legal principles, as well as to defend them in court on the basis of relevant evidence and well-balanced arguments. Keywords: criminal proceedings, suspicion, notification of suspicion, appeal of suspicion

현행 문서제출명령 제도 보완에 관한 소고

Although the current document production order system has been evaluated as a generalized obligation to produce documents, it has limitations due to the fact that it recognizes a wide range of exceptions and lacks strong and effective sanctions for non-compliance with document production orders. Article 344(2) of the Civil Procedure Act stipulates that general documents are subject to the obligation to produce, but excludes documents possessed by governmental entity. If the subject of a document production order is a third party, the penalty is a fine of not more than 5 million won, and if the subject of the order is a party, the court may recognize the other party's claim that the document is true. In order to overcome the limitations of the document production order system and improve its effectiveness, it is necessary to expand the material and personal scope of the obligation to produce, i.e., documents possessed by governmental entity should be included in the same way as general documents, and information stored in electronic form should be expanded to be submitted. Sanctions for production orders should also be strengthened. Where documents are under the control of the other party, such as in modern litigation, it is reasonable to assume that a party's failure to comply with a production order is a prima facie case. In addition, the discretionary sanction method should be changed to a mandatory sanction method, and the means of sanction should be diversified, such as increasing the penalty. In addition, it is desirable to change the procedure for appealing an order to produce documents to an appeal procedure at the appropriate level instead of an immediate appeal.

ИНИЦИИРОВАНИЕ АПЕЛЛЯЦИОННОГО ОБЖАЛОВАНИЯ В УГОЛОВНОМ СУДОПРОИЗВОДСТВЕ

The article examines one of the controversial issues in law enforcement practice, the issue of initiating the appeal procedure by the appellate court as a whole, as well as the impact of this appeal process on changing the scope of the rights of the convicted person. The author comes to the conclusion that any appeal review is initiated by the parties, and only when the relevant appeal requirements are met, the mechanism of appeal proceedings is launched, in which the public principle is manifested in such procedural guarantees as ensuring the right to defense, the right to appeal and the ban on worsening the situation of the convicted person. The author has developed theoretical provisions and given recommendations of a law enforcement nature, aimed at clarifying the procedure for initiating the appeal process, and proposes his own approach to understanding the appeal mechanism using the example of a comparative analysis of existing criminal procedural rules in various states.

SUPERAÇÃO ANTECIPATÓRIA: DECISÕES JUDICIAIS COMO INSTRUMENTO DE REVISÃO DE PROVIMENTOS VINCULANTES

Based on the exposition of the current appeal procedure of exceptional appeals (introduced by Law n. 13.256 of 2016), the study intends to analyze the current methods and demands of the Brazilian binding precedents reviewing and overruling process, pointing out the problems the current system implicates, such as the difficulty for complainants to access Superior Courts and resultant obstacles to the litigants’ participation in precedents’ permanence discussions and its democratic legitimacy. Comparisons between the Brazilian system and that of common law countries are pondered in order to recognize a possible solution, which is to employ anticipatory overruling, by making use of specific revision interpretative techniques of the rule contained in the precedent.

Are Political “Attacks” on the Judiciary Ever Justifiable? The Relationship Between Unfair Criticism and Public Accountability

Abstract Political “attacks” on the judiciary are a well-known threat to constitutional democracy. Criticism of the judiciary by politicians is often said to constitute one form of attack when it is unfair in the sense that it is not relevant to the judiciary’s constitutional role and/or not respectful. Unfair criticism is frequently claimed to be unacceptable on the basis that it threatens judicial independence and impartiality and, therefore, the rule of law. The Article critically interrogates this claim, arguing that unfair criticism can have value as a form of public accountability of the judiciary. It can hold the judiciary to account for aspects of its decision making that should be subject to scrutiny and that other accountability mechanisms, such as the appeals procedure and the lawmaking process, do not. In particular, it is apt to hold the judiciary to account for the diffuse societal effects, values, and principles of its decision making. As a result, the justifiability of unfair criticism is contestable and context specific because it involves taking into consideration both its potential value and its potential threat. The Article evaluates the subject by drawing on the experiences with unfair criticism of the judiciary by members of the executive and legislature in Australia and the United Kingdom.

항고의 제기에 따른 경정결정에 대한 불복방법

It is a natural rule of law also in Korean Civil Procedure that a party who has been judged unfavorably in the trial process should have an opportunity to appeal. However, an appeal was filed against the judgment of the first trial court, and when the presiding judge of the first trial court who received the appeal rejected the appeal because the requirements of the letter of appeal were defective, the appellant filed an immediate appeal, claiming that the defect was supplemented. Also, if the court of the first instance reviewed the immediate appeal and decided to correct the order to dismiss the appeal in recognition of it, there is a question of whether the other party disadvantaged by this can object to this correction decision.
 There is little discussion about this problem in academic field, but the recent precedent from the Supreme Court of Korea ruled that if the objection is not allowed at this time, unfairness will occur between the two parties, and that only a special appeal will be allowed at this time, violating the constitutional right to request a trial, so an immediate appeal can be filed by applying mutatis mutandis to the provisions on the correction of the judgment of the Act of Civil Procedure of Korea.
 However, the explanation of the precedent is not correct. First, the appellant's immediate appeal is against the order to dismiss the letter of appeal, but the method of objection that must be recognized by the other party relates to the correction decision, and the level is different. Second, it is not uncommon for both parties to be able to object only unilaterally, without necessarily acknowledging objections to both parties if necessary in civil proceedings. Third, even if an objection to a correction decision is not admitted, there is usually an opportunity to claim it later. Fourth, it is not correct to admit the correction because the correction procedure of the judgment applied mutatis mutandis by the court and the correction decision in the appeal procedure are quite different. Fifth, acknowledging a special appeal does not violate the parties' constitutional right to request a trial.
 Based on these points, it was concluded that the method of objection to the correction decision does not necessarily have to be recognized, and that the method of objection does not have to be an immediate appeal.

Problematic issues of administrative appeal of decisions of the State Tax Service of Ukraine

Promoting the use of administrative appeals is one of the tasks of the state, which is consistent with the recommendations of the Committee of Ministers of the Council of Europe. The legislation guarantees the possibility of an administrative appeal against the decisions of control bodies. The institution of administrative appeal in this legal relationship is based on presumptions of illegality of the contested decision; tacit agreement of the controlling body with the arguments and demands of the complainant after the expiry of the deadline for consideration of the complaint; interpretation of legal norms in favor of the payer in case of their multiple interpretation.
 The deadlines for filing a complaint differ depending on the type of contested decision. At the same time, there is a need to unify the time limits for filing a complaint, and to increase the duration of the time limits, which are currently excessively short. The procedure for calculating the terms of a court appeal in the event that a taxpayer has filed a complaint with a missed administrative appeal period, along with a request to renew the term, needs to be settled. The issue of encouraging payers to use the administrative appeal procedure by eliminating the disparity in the length of the court appeal period, depending on the use of the administrative appeal, requires further discussion.
 There is a gap in the legislation, which renders the right of the VAT payer to administratively appeal the decision on compliance with his riskiness criteria devoid of practical meaning. There is an urgent need to establish a procedure for appealing such decisions.
 The existing procedure for administrative appeal of decisions to the State Tax Service of Ukraine needs improvement from the point of view of increasing procedural guarantees and compliance with the principle of binding court decisions and legal opinions of the Supreme Court. It is also necessary to bring the appeal procedure in line with the new Law of Ukraine “On Administrative Procedure”.

필요적 조세전심절차의 개선방안 연구

To protect the rights and interests of taxpayers, it is crucial to have a constitutional, legal, and economical tax appeal system in place. The Constitution of Korea grants citizens the right to request a trial, and in the case of an administrative trial, it stipulates that judicial procedures shall be applied mutatis mutandis. However, the current mandatory tax pretrial procedure may pose challenges to this right as it falls under administrative adjudication, necessitating the application of judicial procedures mutatis mutandis.
 This study is based on the decision of the Constitutional Court of the local tax appeal procedure, which was previously ruled unconstitutional and changed to an arbitrary pre-trial procedure, and the general administrative appeal system, which is operated as a voluntary pre-trial procedure through law amendments. It reviewed whether the current necessary pretrial procedures infringe upon the right of access to courts or whether judicial procedures are not applied mutatis mutandis.
 The problems identified with the current tax pre-examination procedure are as follows: 1) Judicial procedures were not sufficiently applied to the Board of Audit and Inspection's request for examination. 2) The National Tax Service’s request for examination has fatal problems with independence and fairness. 3) The request for adjudgment by the Tax Tribunal also has problems in detail.
 In this paper, the following improvement measures were proposed. 1) Request for examination by the Board of Audit and Inspection should be abolished. 2) The National Tax Service focuses on voluntary procedures. 3) It is also desirable to convert request for adjudgment by the Tax Tribunal to a voluntary procedure.
 This study contributed to the protection of constitutional rights by suggesting ways to guarantee taxpayers' right of access to courts.

Ensuring the rights of a victim the course of preventive measures application in criminal proceedings

The article analyzes problems of ensuring the rights of a victim when choosing preventive measures in criminal proceedings. The position has been argued, according to which the victim, his representative and a legal representative have the right to participate in hearing of a motion for the application of preventive measures by an investigating judge or a judge and to appeal the decisions made by the court. It has been established that when adopting the judgement on preventive measures, the rights and legitimate interests of the victim are affected, including those related to the need to protect his personal safety from threats by the suspect or to ensure compensation for material damage caused by the crime, in that case he, his representative and the legal representative have the right to bring to pre-trial investigation bodies, a prosecutor and an investigating judge notice, their position regarding the selection, extension, change, cancellation of this or that preventive measure against the suspect, as well as to appeal the decision. Herewith, the possibility of an appeal cannot depend on whether the victim directly participated in the court hearing. Likewise, the victim and his representative have the right to become familiar with those materials on the basis of which the decision is made. When an investigating judge considers a motion for the application of preventive measures, the victim, his representative, and the legal representative must have the right to file a motion, including the one on the detention of the suspect, on cancellation or replacement of this preventive measure with another, to participate directly in the court consideration of a motion submitted by them or other participants in the petition process, to appear before the court and present their position and arguments, to appeal the decision of the investigating judge to the court of appeal. Proposals are made regarding the expediency of eliminating legislative conflicts by making appropriate normative corrections, namely to supplement Part 1 of Art. 193, Parts 1 and 2 of Art. 331 of the Criminal Procedure Code and Part 3 of Art. 315 of the Code of Criminal Procedure, provisions that will provide the right to a victim, his legal representative and a representative to apply for the choosing, change, cancellation, extension of the preventive measure against a suspect, an accused, as well as to appeal the relevant decision of an investigating judge, a court in the appeal procedure.

Limits of the subject of review and scope of powers of administrative appeal body: foreign experience

Having looked into the peculiarities of the legislative determination of the boundaries of the administrative appeal subject and of the powers of appellate administrative body within the administrative appeal procedure in foreign countries, the author summarized that in the vast majority of countries in the administrative appeal procedure the official approach is established, which includes a comprehensive and objective re-examination of facts and their legal re-assessment by an appellate administrative body with independent determination of the subject and limits of the review, not being bound by the demands and objections of the complainant (Australia, India, USA, Taiwan). At the same time, some countries are implementing restrictive approaches to regulating the opportunities of participants in disputed administrative legal relations to collect and submit evidence at the administrative appeal stage, not allowing it without good reasons (the Netherlands, the United Kingdom), and special rules for taking into account newly discovered circumstances are also in place in some countries (the United Kingdom, China). Moreover, the author highlights diverging foreign legislative solutions regarding the possibility of worsening the situation of the complainant as a result of the administrative appeal, allowing the change of the administrative decision not in favor of the complainant, on condition that they were given the opportunity to submit explanations and evidence regarding the circumstances that may be the basis of an unfavorable decision (India, Germany, Taiwan). In addition, it is noted that foreign experience in this area offers many good approaches to determining the fate of a complaint under some special circumstances, in particular, in the case of the impossibility of a appellate administrative body to make a new decision and establish the rights and duties of the participants in the relevant administrative-legal relations, in particular, if such a change in circumstances that the whole case needs to be reviewed, if the appellate administrative body cannot independently obtain evidence or act in interdepartmental interaction, or in any other compelling circumstances (United Kingdom).

Legal Protection Bumi Putera Joint Life Insurance Policyholders

This study aims to examine the legal protection provided to customers of life insurance policyholders in Bumi Putera, focusing on product transparency, fair and fast claim procedures, as well as appeal and lawsuit procedures. The method used field research with a qualitative approach through in-depth interviews with customers and related parties in Bumi Putera. The data collection techniques used were document studies and in-depth interviews. The collected data were analyzed by qualitative analysis methods, namely data reduction, data presentation, and conclusions. This research is expected to provide useful recommendations for Bumi Putera in improving legal protection for life insurance policyholder customers.

ON THE SUBJECT AND LIMITS OF APPEALS TO A COURT AGAINST ACTIONS (INACTIONS) AND DECISIONS OF THE BODIES OF PRELIMINARY INVESTIGATION AND PROSECUTION

Currently, against the general background of the legislator's desire to expand judicial control in criminal proceedings, the problems of the theory, legal regulation and practice of appealing in court against various actions (inactions) and decisions of the bodies of inquiry, preliminary investigation and the prosecutor are particularly complex and of particular interest. Purpose: to study problems related to the proper understanding and determination of the scope of circumstances subject to judicial appeal in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation. Methods: general scientific (dialectical, systemic, structural-functional, logical, etc.) and specific scientific (formal legal, comparative legal, prognostic, etc.). Results: the reasons are identified that lead to the uncertainty of understanding the subject and limits of the judicial appeal procedure under Article 125 of the Code of Criminal Procedure of the Russian Federation, causing numerous difficulties in law enforcement practice. The article offers possible ways of solving the problems.

Procedural Protections, Appeal Arrangements, and Welfare Conditionality

Abstract Welfare conditionality (WC) is a crucial ingredient of social policies around the world. Welfare conditionality demands that recipients meet specific behavioral goals to either access the benefit for the first time or retain the benefit's ongoing advantages. This article argues that any justification of WC must seriously consider procedural protections (PPs) and how they shape the policy's outcome. Procedural protections are institutional principles and mechanisms that guarantee fairness in the administrative decision-making process. This essay normatively evaluates appeal procedures—a key component of PPs—in the context of conditional cash transfer programs (CCTs) implemented during the last two decades in Latin America. It explains why CCTs often fail to provide their recipients with adequate appeal procedures to protect them against administrative errors and poor decision making. These plans can be unfair redistributive programs not because of the type of conditionalities they promote but, rather, due to the limited PPs they provide.