Civil Judiciary Research Articles

PECULIARITIES OF THE CIVIL PROCESS IN THE REICHCOMISSARIAT «UKRAINE»: ANALYSIS OF COURT PRACTICE (1941-1944)

The civil judiciary of our state has not always existed in the form it is now. It has evolved, changed, anvanced and this process has not been completed yet. The period of occupation by the German troops of Ukrainian territory was no exception. Despite the difficult realities of the war, social life continued: people parted, shared property, inherited, and so on, and all these processes are and were often ruled, both today and 80 years ago, by the court. With the occupation of Ukraine, the entire previous Soviet judicial system was destroyed and a new one had to be built. As a result of the normative lawmaking of the occupation administration, a “dual” judicial system was created on the territory of the Reichcommissariat “Ukraine”: German courts (courts that dealt with the case if one of the parties was of “Aryan” origin or the claim was above 5000 rubles) and system of Ukrainian civil courts (shlichter courts) (settling minor civil cases of the local population where the claim was below 5000 rubles.). The actual staff selection of the shlichters’ cameras, the jurisdiction of the cases and the procedural activity of the courts are the subject of this study. As a result of the normative lawmaking of the Reichcomissariat “Ukraine” occupation administration, local civil courts, created on the territory of the Reichcomissariat in the spring of 1942, resolved a wide range of civil disputes and became an effective means of maintaining peace and law enforcement among the local population. In this way, the Reichcomissariat “Ukraine” occupation administration created the appearance of qcalmnessq as well as law and order established in the local society.

Res judicata of criminal judgement before the civil judge: A comparative between Jordanian legislation and Syrian legislation

This research dealt with the claim preclusion “ res judicata” of criminal judgement before the civil judge. As a comparative study between the Jordanian legislation and the Syrian legislation. It is known that penal legislation has decided the rule of res judicata against the civil case before the civil court. In the case of a civil case, a criminal judgment may be issued in the criminal proceedings, and the criminal judgment has res judicata that the civil court is obliged to respect it and not to judge contrary to final decision, whether the issued judgment was acquitted or the conviction as long as the civil action was not finalized . This study aims at discussing this subject in comparison between the Jordanian penal legislation and the Syrian penal legislation and to try to stand on the similarities and differences between them on this significant issue. The researcher used the descriptive approach by extrapolating the texts governing the title of the study in the legislation which are the Syrian legislation and the Jordanian legislation. The researcher used the analytical method by using the logical analysis of the texts of the legislations in order to extract the rule of matters in which has no specific text, issues that are subject to ambiguity and disagreement through multiple jurisprudential readings and legislative texts. The study was divided into sections ;an introduction and two topics. The first topic: What is res judicata “claim preclusion”? The second topic: The implications of the res judicata of the criminal judgment before the civil judiciary. The study reached many conclusions and recommendations, including: Authenticity is a kind of refrain enjoyed by the ruling, which is considered by virtue of including a presumption that does not accept the contrary decision in terms of its form and subject, it is the title of the truth, and the most important direct effects of res judicata before the civil judiciary is the following: It is not permissible to look into the issue of criminal judgment again before the civil court and it is not permissible to re-examine the subject of a complaint to give a check that does not receive a balance before the civil court after the criminal court decided by a final penalty. Key words: Res judicata , criminal judgement, authenticity of criminal judgment DOI: 10.7176/JLPG/88-27 Publication date: August 31st 2019

DASAR FILOSOFIS DAN INKLUSIVITAS GUGATAN SEDERHANA DALAM SISTEM PERADILAN PERDATA

The fast litigation procedure stipulates under the Supreme Court Regulation No. 2 year of 2015. That mechanism only requires small amount of permitted claim, it is 200 million Rupiah in maximum, it also settles claims in a very fast manner, 25 days in maximum. This fast procedural mechanism allocated to settle private dispute is called as “the small claims court”, in which, it is already implemented either in states with the civil law system or the common law system. The research methodology used in this article is juridical-normative and juridical kualitative analyze, to aim the SCC phisophy in Indonesia and the effectivity in enacting this mechanism of small claims court as one of the states that enact the civil judicial system. The results shows that the SCC in indonesia is an advancement as a means of access to justice, in short it is a simple and inexpensive procedure. that the fast litigation procedure stipulates under the Supreme Court Regulation No. 2 year of 2015 is effectively enacted in civil judicial system in Indonesia. With society needs nowadays, the effort to increasing good services towards justice seeker, it’s inclusive because of the different mechanism of general judicial system under HIR/RBG, it is not just about time but also with a judge investigation, simple evidentiary, and without legal effort

Legal technique in civil judiciary

Legal technique in civil judiciary

DASAR FILOSOFIS DAN INKLUSIVITAS GUGATAN SEDERHANA DALAM SISTEM PERADILAN PERDATA

The fast litigation procedure stipulates under the Supreme Court Regulation No. 2 year of 2015. That mechanism only requires small amount of permitted claim, it is 200 million Rupiah in maximum, it also settles claims in a very fast manner, 25 days in maximum. This fast procedural mechanism allocated to settle private dispute is called as “the small claims court”, in which, it is already implemented either in states with the civil law system or the common law system. The research methodology used in this article is juridical-normative and juridical kualitative analyze, to aim the SCC phisophy in Indonesia and the effectivity in enacting this mechanism of small claims court as one of the states that enact the civil judicial system. The results shows that the SCC in indonesia is an advancement as a means of access to justice, in short it is a simple and inexpensive procedure. that the fast litigation procedure stipulates under the Supreme Court Regulation No. 2 year of 2015 is effectively enacted in civil judicial system in Indonesia. With society needs nowadays, the effort to increasing good services towards justice seeker, it’s inclusive because of the different mechanism of general judicial system under HIR/RBG, it is not just about time but also with a judge investigation, simple evidentiary, and without legal effort

Quale tutela delle libertà fondamentali per i simboli religiosi? Considerazioni sulla decisione del Consiglio di Stato francese sul caso burkini

SOMMARIO: 1. Premessa - 2. Luoghi pubblici e simboli religiosi - 3. Rispetto del dialogo e delle diversita interculturali - 4. L’evoluzione della laicita in Europa - 5. Osservazioni conclusive. Which protection for the fundamental freedom of religious symbols? Abstract: Starting from the analysis of the French Council of State’s decision on the case “burkini” (August 26th 2016), this paper examines the issues on the interaction between the acceptance of the religious minority’s symbols by the majority and the acceptance of the dialogue and cultural diversity. Taken into account is the process of secularism-neutrality of public space and the interference of the civil judiciary in the religious sphere declined in different models of secularism of the French, Italian and European jurisdictions.

Some Judicial Experiences in the Light of The Principle of Easy-Access to Justice to Settle Small Civil Claims: Egypt – France - Emirates

The rule of law is one of the main principles of countries, the basis of government, and the key to stability upon entering into force against each and every one. Such principle is based on the following rules: 1) Independence and fairness of judiciary, 2) Granting the right of litigation and resorting to court for people on low income, 3) The right of fair and equitable trial, 4) Easy-access to justice, 5) Forbidding the exclusion of the administrative orders from the judicial supervision, 6) Ceasing the operation of courts of exceptional jurisdiction and granting the right of court resort, 7) Enforcing the judgments in the name of the people, provided that; the country shoulder the responsibility of enforcement.([1]) The present paper aims at shedding light on the principle of Easy-Access to Justice – the main basis of the principle of the rule of law being a constitutional requirement. The country shall grant the right to litigate and overcome any obstacles that prevent access thereto if there is a need to resort to court asking for effective judicial protection which has as many forms as the type of violating the legal status or the legal right may be. .([2]) The court does not interfere unless the law has been broken since the court has been deemed the observer and the interpreter of law .([3]) [1]Articles 94:100 of Part Four of the Egyptian Constitution, 2014. [2]Articles 94:100 of Part Four of the Egyptian Constitution, 2014. [3] Ragheb, W. (2004). The principles of the Civil Judiciary. 4th edition, Dar El-Nahda El-Arabia, p. 40.

Features of the proceedings of forensic and commodity expertises within civil judiciary

The general stages of the single universal procedure of the proceedings of forensic and commodity expertises within civil judiciary have been outlined by the author. The basic principles of conducting forensic and commodity expertise within civil judiciary, the general requirements of expert’s questioning, features of conducting an expertise and expert opinion have been determined; and some matters that ought to be taken into account by the court during its assessment while civil case hearing have been found out

The Impact of the European Union on the Democratization of Civil-Military Relations in Turkey

This paper investigates the influence of Turkey’s European Union (EU) candidature on its civil-military relations. It argues that EU conditionality and adaptation pressure for the convergence and alignment of Turkey’s authoritarian political regime to the EU acquis communautaire have resulted in the democratization of civil-military relations and the empowerment of government in the Turkish political system. The findings indicate that harmonization reforms have deinstitutionalized and illegalized the coercive influence of the military in the Turkish political system and empowered the government in political decision-making by: (a) changing the functions, duties and composition of the National Security Council (NSC), (b) increasing the parliamentary control over, and transparency in, defense and military expenditure, and the civil judiciary control over the military, and (c) increasing the public support and trust to the civil institutions. It utilizes Europeanization, and the rational choice and historical versions of the new institutionalist theory as its theoretical framework.

A FAST PROCEDURE AS AN ACCESS TO JUSTICE IN ORDER TO REALIZE A SIMPLE, FAST, AND LOW COST PRINCIPLE IN INDONESIA

Civil disputes resolution in court has complicated procedures. For the parties with small value of claims, the settlement through the court with a convoluted procedure is not an appropriate choice because time spent in the court is not comparable to the value of the dispute. On the other hand, the settlement by arbitration and alternative dispute resolution sometimes considered insufficient to provide legal certainty. The objective of this article is to analyze fast procedures that are used in the settlement of a lawsuit simply as a means of access to justice, and the prospects of fast procedures in the civil judicial system of Indonesia. The approach used is normative juridical. The results shows that the regulation of fast procedures in indonesia is an advancement as a means of access to justice but it still required socialization to the public about fast procedure and simple lawsuit.Keywords : Access To Justice, Fast Procedures, Simple Lawsuit, Private Dispute

Das „EU Justice Scoreboard“ der Europäischen Kommission

The article deals with published EU Justice Scoreboard. The scoreboard is considered useful and necessary. It shows the real state of not only civil judicial system in the Czech Republic but also offers the comparison with previous years and the comparison to other European countries. Unfortunately, some data from other countries and from Czech administrative justice are not available at the moment.

The Halakhic Validity of Israel’s Judicial System among Israeli Ultra-Orthodox Halakhic Decisors

This paper examines the approaches of three Israeli ultra-Orthodox halakhic decisors and rabbinical judges to civil law and adjudication in Israel. Based primarily on Israel’s building and condominium housing laws, it reveals that the approaches of these decisors appear largely to reflect their distinctive ideological and sociological stances towards Israeli civil law and its civil judicial system. Rabbis Israel Grossman and Shmuel Wosner confer halakhic validity on construction that is in violation of civil law, justifying it on the need to enlarge flats due to large family size and crowded conditions. On the other hand, Rabbi Asher Weiss objects to illegal building work, viewing it as “bad custom.” He maintains that religious Jews should serve as civil court lawyers and judges, regarding this as a holy undertaking. His attitude towards the civil judicial system is more sympathetic than that of Rabbis Grossman and Wosner. In each of their views, these Rabbis bring to their interpretation of Jewish law sources their distinctive ideological perspectives towards modern Israel’s civil law.

İDARİ YARGIDA DAVAYA MÜDAHALE (Uygulama ve Teori Açısından İnceleme)

As a result of the reference made under Article 31 of the Administrative Procedure Law (Law No. 2577), rules and procedures applicable to the institution of intervention in court cases at administrative judiciary are included in Civil Procedure Law (Law No.6100). Application of provisions, set out in Civil Procedure Law designed to solve the conflicts of civil judiciary arising from civil law affairs where adversarial system applies, in the administrative judiciary where written adjudication procedure and system of ex officio examination is applicable gives rise to a number of problems. In addition, the institution of intervention is performed in different ways by judicial authorities due to the fact that it is a procedural transaction before the decision about the substance of the conflict.Intervention of those who demand for a right about the ongoing court case or intervention of the third party in the court case who has a benefit if one of the parties wins the case is one of the important elements of the realization of the right to a fair trial. First of all, this paper analyses the way the institution of intervention, which is regulated under Civil Procedure Law which was performed before by the virtue of case-law in civil judiciary, is applied in administrative judiciary. Furthermore this paper analyses procedures and rules about the institution of intervention in the light of the doctrine, current judgments of the Council of State, the Court of Cassation and first instance courts. In addition, the question of whether the intervening party can bring an individual application before the Constitutional Court and whether he/she can bring an appeal on substantial jurisdiction of relevant court before the Court of Conflict is also discussed in the light of the relevant judgments of the said courts

Alternative Dispute Resolution (ADR): A New Key for Implementing Civil Justice in Bangladesh

This paper discusses the emergence of implication and practice of Alternative Dispute Resolution (ADR) for implementing civil justice and to remove suit backlogs in the disputes resolution system of Bangladesh. Bangladesh has rich traditions of common law culture and it reflects in the existing legal system. But due to recent trends of corruption, political deadlocks and some other key obstacles the present mechanism is supposed to unable in resolving a dispute in swift and has been depriving people from the way of implementing and maintaining civil justice. There has seen some objective and subjective factors have led our civil judiciary to a situation where its demerits are ruling over the merits, manifesting in crippling backlogs and delays. This paper highlights on the role of ADR in implementing civil justice, problems and prospects, and statutory provisions of Alternative Dispute Resolution in the trial system. This Article has explored theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution (ADR) in the civil justice system

Psychological and Financial Consequences of Personal Injury Litigation: Exploring a Collaborative and Restorative Alternative

The ordeal of a traumatic event and subsequent adversarial litigation, in addition to being expensive, uncertain and lengthy, often evokes strong and painful emotional reactions. There is also a tremendous financial burden on the participants and organizations involved with resolving these disputes. In some circumstances there may be a sense of empowerment, social acceptability and vindication derived from a positive outcome. However, these generally occur in a win-lose environment. This article highlights the negative impacts often experienced during the traditional adversarial litigation process. It will also offer an alternative process which has been shown to offer a quicker, less expensive and more satisfying method for resolving personal injury and medical error claims. Hundreds of articles, books and websites as well as anecdotal reports suggest that our civil judicial system is not providing sufficient non-adversarial alternatives for those who would like to deal with, and not exacerbate, the emotional trauma caused after a negligent or careless act.

Konsep Keadilan dalam Sistem Peradilan Perdata

Conflict on civil matters is an absolute competency of District Court. Judiciary system includes all items in relating with a judge assignment giving justice to the justiciable through the conviction. A court judges according to law and should not make discrimination. The provision becomes a principle for civil judge to process the conflict matter which is submitted on him/her. The justice concept on the civil judiciary system is a justice which is given by a judge during the judiciary on civil conflict, to produce a conviction. In the conflict of civil matter, it known as audi et alteram partem and to each his own principle. Audi et alteram partem principle. It means that giving to that every person on conflict should be equally treated. To each his own principle, it means that every person take everything as his own. In implementation, it look both of principles is contradiction each other. Because in the law system should not have any conflict, so both of the principle should be exist in the the conflict of civil matters.

Communist Custodial Contests: Adoption Rulings in the USSR after the Second World War

This article examines how higher courts in the Soviet Union adjudicated adoption contests after the Second World War. It argues that in the higher organs of the Soviet civil judiciary, justices acted in both the spirit and letter of the law, issuing rulings that were strikingly free of communist imperatives and that sincerely attempted to address the best interests of children. During the period from the end of the war until the fall of Khrushchev, these interests were defined as honoring biological connections whenever feasible, upholding adoptions when biological connections had been legally and justifiably severed, and keeping children in loving families. Not only does this suggest that we can speak of a genuine legal culture in some sectors of the Soviet judiciary, it also evinces the rejection of a revolutionary-era commitment to collectivized child raising.

The extent of children's knowledge of court as estimated by guardians ad litem

‘Knowledge of court’ questionnaires were completed by 35 designated professionals (guardians ad litem) with specific responsibility for children in family proceedings in the civil judicial system within England and Wales who then estimated the percentage of 11-year old children, in general, which they would expect to provide a ‘full’, ‘partial’ and ‘incorrect’ answer to each question. These estimations were compared with normative data on this questionnaire obtained from actual 11-year-olds. This comparison suggests that guardians ad litem tend to overestimate the extent of such children's knowledge, implying that individual children may not be as well prepared for involvement with the legal system as such informed professionals might believe; such a tendency might render it less likely that easily corrected misconceptions and gaps in knowledge be identified and subsequently addressed, thereby failing to minimize the stress (e.g. fear of the unknown) which can often accompany contact with the courts. The possibility that the discrepancy between actual and estimated scores might be, in part, due to a failure in adults to adopt the ‘psychological perspective’ of the child in the unfamiliar world of the adult judicial system is discussed. Although this possibility requires further investigation, making an explicit effort to ‘get into the child's shoes’ is suggested as a potentially valuable and practical first step towards reducing such discrepancies. Copyright © 2000 John Wiley & Sons, Ltd.

Tort Reform 1999

Every year tort reform is pledged by some candidate somewhere. Torts are civil crimes. Where loss of life or liberty is the punishment for crimes against the state, loss of money is the punishment for torts against its citizens. Reforming perceived inequities in the civil judicial system has become a yearly legislative battle. Although the direction of those changes depends on whether the legislation is sponsored by the plaintiff's bar or the insurance community, the debate focuses on the following types of reforms. Joint and several liability states that every defendant, regardless of his or her percentage of fault, is responsible for 100% of the damages. The rationale is to ensure a funding source for the plaintiff's damages and to then have the defendants apportion fault among themselves. The practical result is to encourage plaintiffs to name every possible defendant, however tangential his or her responsibility might be, in the hopes of finding …

Three typological approaches to Catalonian archival evidence, 10-12 centuries

This tripartite study draws upon the vast documentation surviving from Catalonia in the tenth through twelfth centuries. It focuses in turn on the following processes, each represented by numerous surviving charters of a specific type: testamentary proof and publication (Nathaniel L. Taylor), convenientiae and agreement enforcement (Adam J. Kosto), and agrarian precaria (Pere Benito). In each case, comparison of large numbers of similar documents has enabled the construction of complex typology, not just in the traditional diplomatic sense, but also considering the function of the documents and the social causes and implications of changes in form or function. The testamentary probate documents illuminate a long-standing civil judiciary; changes in the form of the documents and the identity of testamentary authorities reflect the obsolescence and transformation of this judiciary in the eleventh and twelfth century. A case study of an eleventh-century comital conflict revealed in conventientiae shows notarial responses to changes in political behavior. Finally, agrarian precaria also follow modalities in tenurial structure. Drawing on a very rich archival resources, these findings support the relationship of social change and documentary change. Together, these studies demonstrate the nature of comparative work that can be done with studies based on large numbers of documents of superficially similar type.