Competent Court Research Articles

Ukraine – a candidate for joining the EU: current challenges of the court system

Purpose. The scientific article is devoted to the study of the current state of the judicial system in the conditions of martial law, as well as the analysis of the challenges of the judicial system in connection with Ukraine's acquisition of the status of a candidate for EU accession.
 Research methods. The methodological basis of the scientific article is a complex of general scientific and special scientific methods of cognition, the application of which made it possible to reveal the essence of the proposed problem. The method of analysis and synthesis, modeling, axiomatic and systematic methods of scientific knowledge was used.
 Results and conclusions. Today, in the conditions of the military invasion of Russia, the judicial system of Ukraine has the following features. Among them are the following: in settlements where court buildings have already been destroyed or hostilities are still ongoing, the implementation of judicial proceedings has become impossible (this problem was partially solved by changing territorial jurisdiction, creating "back-up copies" of documents in court cases, holding court sessions in a remote format ); the judicial system still receives funding, and 50% of the judges' salaries are given to the needs of the Armed Forces, however, there are no special funds with capital investments for construction/repair/restoration; there is a problem with the evacuation of judges from temporarily occupied territories; there are isolated cases of collaborators among the representatives of the judicial corps. Among other things, with regard to the judicial system as a whole: there is a problem of excessive workload of judges, which results in rather long proceedings; and the considerable length of tender procedures is also a problem.
 Most recently, Ukraine received the status of a candidate for EU membership. However, it should be understood that in order to obtain full membership, maximum efforts should be made to meet European standards. The judicial system should also be properly modernized, first of all, in the aspect of strengthening the independence of judges, eliminating corruption, as well as strengthening the trust of Ukrainian society and the international community in the judicial system of Ukraine as a whole. Ukraine must become attractive for investors, and this is impossible if there are concerns about the existence of conditions for the proper implementation of the right of business to judicial protection, as well as consideration of the case by a competent court in a reasonable time.

Women’s Right to Choose a Spouse: In the Hanafi School of Islamic Jurisprudence

Introduction: According to the sacred provisions of Islamic sharia and the Hanafi School of Islamic jurisprudence (Madhab), a woman has the right to choose herself a spouse. When a woman becomes a widow, this right is given to her even more often because they know more.
 Purpose: The purpose of this research is to clarify the right of a woman to choose her spouse. It clarifies all the conditions and circumstances according to the Hanafi School, in which a woman can choose a spouse for herself.
 Methodology: The doctrinal research methodology and a descriptive, explanatory, and analytical research approach are used in this work. In this study, the rules and regulations of the Hanafi School of Islamic jurisprudence will be analyzed in detail to support the research study. It is worth mentioning that this part of the research is entirely based on library sources. References are mostly primary and secondary sources. The primary sources include the Afghan civil code and the secondary sources include jurisprudential textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area.
 Findings: According to the Hanafi School of Islamic jurisprudence, a woman is not given the right to choose her husband in the pre-puberty stage. In the remaining two stages (the puberty stage and the stage of widowhood), a woman can choose her own spouse and no one can take that right away from her. Even if a guardian (Wali) marries a girl who is too young, the marriage can be ended when the girl reaches puberty. She can do this by taking the matter to the competent court.
 Unique contribution of theory and practice: Theoretically, this work is very useful in contributing to the existing body of literature of knowledge. Practically, this work identifies the circumstances in which a woman is allowed to choose her own spouse. Each and every woman will know her bona fide right to choose a husband. On the other hand, society will never force a woman to marry without her own consent.

An Appraisal on the Protection of the Rights of Accused Persons Standing Trial before a Competent Court of Law under the Cameroonian Legal System

An accused person, otherwise referred to in French as “le prevenu”, is a person who must appear before the trial court to answer to the charge brought against him whether in respect of a simple offence, a misdemeanor or a felony [1]. The Cameroon Criminal Procedure Code upholds the trial rights of accused persons. The code like the 1996 Constitution of Cameroon provides a platform for the implementation of criminal norms in the country. It also helps protect accused persons from arbitrary and unjust laws and sanctions. The present Criminal Code harmonized the two procedural codes that existed in Francophone and Anglophone Cameroon which were the Code d’Instruction Criminelle, and the Criminal Procedure Ordinance respectively. These trial rights of accused persons are upheld through a legal process by the trial courts of Law in Cameroon. This therefore means that the rights of accused persons are therefore suppose to be treated in a particular way during a criminal trial. These rights embody the right to be given something as well as the right to be allowed to do something in a specific manner. Adopting purely qualitative research method involving purely content analysis of cases and relevant statutes, this paper conclude that the government has made efforts in respecting the rights of accused persons standing trial before a competent court of law but its efforts are inadequate. Notwithstanding, finding a compromise between the respects of the rights of accused persons standing trial before a competent court of law with societal interest has never been a trouble-free assignment. To this end, the paper seeks to examine the protection of the rights of accused persons as are confectioned in the criminal procedure code and its extent of implementation as we sought to respond to the main question, to what extent does the Cameroon government guarantee the respect of the rights of accused persons standing trial before a competent court of law?

ТЕОРЕТИЧНІ ТА ПРАКТИЧНІ ПІДХОДИ ДО ПОДІЛУ АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ НА ПЕРСПЕКТИВНУ ТА НЕГАТИВНУ

The issues related to increase in number of foreigners and stateless citizens who stay illegally within the territory of Ukraine are considerably relevant today, and, unfortunately, their topicality will be ever-greater in future. Currently the issue of refoulement and deportation is referred to the competence of administrative courts. So, implementing legally provided authorities, the administrative courts shall decide the public-law disputes on the claims of public bodies about adoption of measures of a coercive character provided by art. art. 288-289 of the Administrative Court Procedure Code of Ukraine according to the statutory procedural order. Accordingly, the purpose of the present paper is a definition of topical issues of consideration by the administrative courts of proceedings on the cases on the administrative claims related to refoulement or compulsory deportation and detention of foreigners or stateless persons. In order to achieve the purpose, the paper includes the study of opinions of scientists in the field of administrative law towards understanding and correlation of corresponding definitions (administrative legal proceedings, proceedings on the cases on the administrative claims related to refoulement or compulsory deportation and detention of foreigners or stateless persons); Regulations of the Administrative Court Procedure Code of Ukraine; provisions of other regulatory documents. It was emphasized that the content of protection of rights and freedoms is based on the activity focused on removal of obstacles in exercise of rights and freedoms and on fight against default in correlative obligations and abuse of law. The paper gives reasons for the fact that the liability may be incurred only for objectified behavior of person, i.e. for his/her activity or omission to act. In such a case, his/her thoughts and intention that were not implemented by him/her can not be considered as the reasons for legal assessment. The paper also emphasizes that the protection from illegal acts, removal of their causes and conditions facilitating the administrative and delictual endeavor is beyond the scope of administrative courts. The paper gives reasons for the fact that judge's discretion relates to the establishment of: firstly, the facts that appear to the judge to be necessary for dispute essential resolution; secondly, the way of dispute resolution; thirdly, the regulation itself that applies in this particular case. As a result, the authors came to the conclusion that today there is a negative transformation of implementation of prospective (negative) liability of person for actions (omission to act) that were not and would never be performed by him/her, but only for thoughts and intentions. We believe, that it is not a correct practice due to the fact that it defies a principle of the administrative law presented in the form of statement that the liability may be incurred only for objectified behavior of person, i.e. for his/her activity or omission to act. In such a case, his/her thoughts and intention that were not implemented by him/her can not be considered as the reasons for legal assessment.

The rationale for detention in the Jordanian Code of criminal procedure: A comparative study with French law

Amendments to the Jordanian Code of Criminal Procedure (JCCP) concerning the rationale for detention have narrowed its scope of application and provided for alternatives. However, although these amendments are important, their drafting has not achieved the stated objectives. To address this issue, the laws of Jordan and France are reviewed. The study's novelty lies in the justification for detention in the JCCP, which takes advantage of the long experience of French law and justice. It is recommended that the Public Prosecutor and the competent court justify an extension to a period of detention or a denial of release based on Article 114(1) of the JCCP. It is also suggested that a detention warrant is only issued or extended when grounded on the details of the specific case; that is, detention must only be effected when an alternative cannot achieve one or more of the goals of detention.

Classification of an individual with mental disorders as posing a threat to the life, health or sexual freedom of others in the process of applying the Act of 22 November 2013 and the risk of unjustified violation of human rights and freedoms

The present article focuses on procedural issues related to placement in the National Centre for the Prevention of Antisocial Behaviour (KOZZD) under the Regulation of 22 November 2013. Particular attention was paid to the issues concerning the expert opinion on the mental state of an individual with regard to whom the head of the prison has applied to the competent court for being recognized as posing a threat to society. Numerous difficulties that arise while giving the aforementioned opinion are presented, and the problem of errors in the opinion is discussed. The ethical dilemmas faced by a medical or psychological expert are also addressed, and the importance of the opinion for the situation of the offender and his or her future life is highlighted. Western European civilisation has a disturbing tendency to overuse mechanisms that guarantee the safety of the public at the expense of excessively sacrificing the freedom of individuals. Although human rights and freedoms are not unlimited, it is unacceptable to restrict them to the extent that is unnecessary in a democratic state under the rule of law. Since declaring a person to be a threat deprives them of the chance to start a new life with a clean slate after serving their sentence, the final consideration is whether the procedure leading to such a decision meets the highest standards guaranteeing respect for human rights and freedoms and can be considered fair.

THE ROLE OF THE MAGISTRATE IN EXTRADITION PROCEEDINGS IN SOUTH AFRICA: MEANING OF “FAIR TRIAL” AND “COMPETENT COURT” IN A REQUESTING STATE

The Extradition Act provides for two general modes of extradition: extradition to foreign states and extradition to associated states. In both cases, a magistrate has to issue a warrant of arrest for the person-to-be-extradited to be brought before him or her to conduct an enquiry to determine whether the person should be extradited. In the case of extradition to foreign states, the Minister responsible for justice has the final say on whether a person should be extradited. The magistrate’s role stops at authorising the detention of the person for the purposes of extradition. However, in the case of extradition to associated states, the magistrate has the final say on whether the person should be surrendered for extradition. In both cases, the magistrate plays a role – he or she has to issue a warrant for the arrest of the person in question. He or she also has to conduct an enquiry. The Constitutional Court held that before issuing a warrant of arrest, the magistrate must be satisfied that the person sought to be extradited has been convicted by a competent court. However, the Constitutional Court does not define or describe a “competent court”. The Constitutional Court also held that a person may not be extradited if his or her trial was unfair. However, it does not stipulate the yardstick that should be used to measure the fairness of the trial in a foreign or associated state. In this article, the author relies on international human rights law and on jurisprudence from South African courts to explain the meaning of “competent court”. The author also relies on international human rights law and jurisprudence from different countries to suggest the criteria that could be adopted by the Constitutional Court to determine whether a trial in a foreign or associated state was fair.

Ideas of a New Model of Public Management of the Russian Economy (Institutional and Legal Aspects)

The concepts of “public power”, “model of economy”, “model of economic development”, “model of public management of the economy” are considered, the definition of the concept of the model of public management of the economy is formulated as simplified to the most essential elements of the description of the economic management system using the tools of public power.Such basic elements of the system of public management of the economy as the public apparatus (institutional element) and the system of rules of economic behavior (definitions, prescriptions, permits, restrictions, prohibitions), clothed in the form of normative legal acts (normative element), are identified and described.Attention is drawn to the “cloudy” (uncertain) nature of the existing system of public management of the economy in Russia, due, in particular, to the absence of a register of state and municipal institutions, non-governmental and non-municipal organizations to which certain powers of state authorities or local self-government are delegated (including powers in the field of economics). According to the author, the uncertainty of the boundaries of the public administration system hinders effective control over the exercise of powerin the field of economics, accurate assessment of the real “administrative pressure” on business, reform of the public administration system of the economy.The underestimation of the role of courts as an important part of the system of public management of the economy is noted. The necessity of endowing the Supreme Court of the Russian Federation with the authority to give an interpretation of normative legal acts mandatory for all law enforcement officers, with the exception of issues referred to the competence of the Constitutional Court of the Russian Federation is substantiated.It is concluded that the administrative reform carried out in Russia in 2003—2004 did not ensure the achievement of the goals of increasing the efficiency of public management of the economy. The main reason for this was the disregard of the cultural experience of the country (including the real ethics of power relations), as well as the provisions of the theory of management relating to the criteria of expediency and independence of control. With a threefold decrease in the number of inspections of economic entities conducted by all categories of public control bodies in the period from 2013 to 2021, the number and number of personnel of control and supervisory bodies (including their territorial bodies) remained the same. In order to achieve the goals of optimizing the control and supervisory system, it is proposed to assess the feasibility of forming a control branch of government subordinate directly to the head of state and the law. A discussion is proposed on the possibility of achieving the goals of optimizing the system of public management of the economy based on the integration of institutions of self-regulation and compliance.The idea of reducing the volume, gap and inconsistency of economic legislation by creating a set of laws and codifying a number of its complex industries (including competitive, contractual, tariff, and business) is formulated.

The Single Session Courts Analytical study In light of the UAE Federal Civil Procedures Law and its Regulations

Objectives: This research aims to study the provisions of the single session courts, figuratively called the "one-day court", which was recently introduced by the UAE legislator to contribute to solving the problem of slowness in litigation procedures. Methods: The research adopted the descriptive and analytical approach by analyzing the legal nature of the single session chambers by reviewing the cases submitted to them. Results: The research reached for the following results: before submitting the case to the single-session courts, it must be prepared by the case management office, and that it is adjudicated by the competent court in only one session, and that the reasons for the dispute are placed in the case file at the same session, and the verdict is subject to appeal by way of appeal, and that the appeal verdict is in turn subject to appeal by way of cassation if its conditions are met. Conclusions: Provide for the creation of another type of First Instance Courts and call it "single-session courts" in addition to partial courts and full courts, instead of single-session chambers, and to reduce the time of appeal of judgments issued by them to the extent that is incompatible with the purpose of their creation.

Theoretical features and applied aspects of constitutional control of amendments to the constitution

It is pointed out that the idea of protecting the constitution arose simultaneously with the appearance of the first constitutions. It was embodied gradually by finding its expression in the constitutional text itself or following the development of judicial practice. Such means were the institute of repeal of acts, the establishment of a guarantor and “guardian” of the constitution, the institute of constitutional control, the procedure for amending the constitution and others. Such legal institutions have emerged specifically to preserve such a constitution per se, primarily as a set of material principles and values, as well as a formally defined document in which such principles and values are enshrined. In the literature, such a special set of legal tools is now called protection, protection, guarantee of the constitution, and so on. The precondition for the protection of the constitution in the legal sense is a certain public consensus on key values, the existence of a certain civil culture, developed civil society, autonomous individual-owner, ie all those prerequisites for constitutionalism, without which the implementation of an organic constitution will always face many problems.
 It has been established that amending the constitution is an important stage of the constitutional process in order to ensure the relevance of the basic law, compliance with the relations prevailing in society and limiting state power in favor of the people to ensure and protect human and civil rights and freedoms. In order to prevent the violation of the norms of the constitution, its compliance with the principles of the changes that are made to it, it is necessary to take measures to protect and safeguard it. One such way is constitutional control over the process of amending the constitution.
 Despite the positive developments in the practice of constitutional control over the process of amending the constitution in Ukraine, unresolved issues remain within the competence of the Constitutional Court of Ukraine in this area. This requires the intensification of the scientific and expert community in order to address these issues.

Review of the Practice of Administrative Proceedings in Cases of Challenging Actions (Inaction) and Decisions of the Control and Supervisory Bodies on Bringing to Administrative Responsibility

Currently, the process of improving administrative legal proceedings is actively underway in the Russian Federation. It involves, in particular, the development of legal proceedings in cases of challenging actions (inaction) and decisions of control and supervisory bodies on bringing to administrative responsibility, that is, on resolving punitive disputes. This, in turn, requires identification and detailed analysis of the problems that arise in judicial practice in this category of cases. Such allocation will help to further improve the administrative-procedural legislation and more effective protection of the rights and legitimate interests of participants in legal relations. The purpose of the work is to identify existing problems and difficulties that arise when courts resolve cases on challenging actions (inaction) and decisions of control and supervisory authorities on bringing to administrative responsibility. This requires solving the tasks of determining the subject of such disputes, delineating the competence of courts of general jurisdiction and arbitration courts to resolve them, determining the applicable legislation, as well as identifying specific types of judicial errors in this category of cases. During the research, systematic, logical, formal legal methods were used. Results. According to the results of the study, conclusions were drawn about the presence of certain typical categories of errors when resolving cases by courts on challenging actions (inaction) and decisions of control and supervisory bodies on bringing to administrative responsibility. These errors are systematized and the possibilities of their prevention are indicated, taking into account the legal positions of the Supreme Court of the Russian Federation.

AB ÜYE DEVLETLERİNDE COVID-19 AŞILARININ ÖN SATIN ALMA SÖZLEŞMELERİ İÇİN VİYANA SATIM ANTLAŞMASININ (CISG’İN) UYGULANABİLİRLİĞİ

The European Commission has signed advanced purchase agreements with various vaccine manufacturers for the production, purchase and supply of the COVID-19 vaccine in the EU. Some parts of the agreement texts with AstraZeneca, CurevacAg and Pfizer Inc./BioNTech have been blacked out. In these agreements, it is understood that Belgian courts are competent and Belgian law is chosen. In a dispute, it is possible for the competent courts to apply CISG since Belgium is a party to the CISG. Even if choice of law hasn’t been made, the fact that the workplaces of all parties to these ageements are party to CISG, makes the CISG applicable. This study evaluates the applicability of the CISG to advanced purchase agreements (especially made with AstraZeneca) in EU Member States.

Towards a more uniform approach to parenting coordination in South Africa

Because of the need to mitigate the damage done to children by chronic conflict between co-parents after divorce or family breakdown, the process of parenting coordination has been embraced by South African courts. In terms of the process, a parenting coordinator will first attempt to facilitate resolution of the parenting disputes by agreement of the parties, but if this attempt fails, the parenting coordinator has the power to make directives regarding the disputes which are binding on the parties until a competent court directs otherwise or the parties jointly agree otherwise. Although parenting coordination has flourished over the past decade, there still seems to be uncertainty and a lack of uniformity about various aspects regarding the process and the role and functions of a parenting coordinator. First of all, we have the Guidelines on the Practice of Parenting Coordination in South Africa (SA Guidelines), drafted by a task team of the National Accreditation Board for Family Mediators (NABFAM) to provide guidance for parenting coordinators concerning minimum qualifications, ethical obligations and conduct, practice and procedure, and children’s participation in the process. In addition, the South African Law Reform Commission published the draft Family Dispute Resolution Bill, 2020, which deals with the process of parenting coordination in Chapter 7. Very importantly, we also have various court decisions dealing with parenting coordination in South Africa, which provide some guidance. However, the SA Guidelines, the provisions of Chapter 7 of the Bill and our court decisions are not always aligned and provide different answers to important underlying theoretical questions about various issues, such as the circumstances under which a parenting coordinator should be appointed; the issues that could be dealt with by a parenting coordinator; whom to appoint as a parenting coordinator; the approach to be followed in the parenting coordination process; the inclusion of children in the parenting coordination process; the nature of the parenting coordination process; confidentiality in the process; and a parenting coordinator’s relationship with the court and the parties’ legal representatives. A lack of consensus regarding these issues has given rise to diverse practices among professionals and confusion for all involved in the parenting coordination process. This article therefore endeavours to provide more clarity and certainty on these issues, taking international best practice into account.

Towards a more uniform approach to parenting coordination in South Africa

Because of the need to mitigate the damage done to children by chronic conflict between co-parents after divorce or family breakdown, the process of parenting coordination has been embraced by South African courts. In terms of the process, a parenting coordinator will first attempt to facilitate resolution of the parenting disputes by agreement of the parties, but if this attempt fails, the parenting coordinator has the power to make directives regarding the disputes which are binding on the parties until a competent court directs otherwise or the parties jointly agree otherwise. Although parenting coordination has flourished over the past decade, there still seems to be uncertainty and a lack of uniformity about various aspects regarding the process and the role and functions of a parenting coordinator. First of all, we have the Guidelines on the Practice of Parenting Coordination in South Africa (SA Guidelines), drafted by a task team of the National Accreditation Board for Family Mediators (NABFAM) to provide guidance for parenting coordinators concerning minimum qualifications, ethical obligations and conduct, practice and procedure, and children’s participation in the process. In addition, the South African Law Reform Commission published the draft Family Dispute Resolution Bill, 2020, which deals with the process of parenting coordination in Chapter 7. Very importantly, we also have various court decisions dealing with parenting coordination in South Africa, which provide some guidance. However, the SA Guidelines, the provisions of Chapter 7 of the Bill and our court decisions are not always aligned and provide different answers to important underlying theoretical questions about various issues, such as the circumstances under which a parenting coordinator should be appointed; the issues that could be dealt with by a parenting coordinator; whom to appoint as a parenting coordinator; the approach to be followed in the parenting coordination process; the inclusion of children in the parenting coordination process; the nature of the parenting coordination process; confidentiality in the process; and a parenting coordinator’s relationship with the court and the parties’ legal representatives. A lack of consensus regarding these issues has given rise to diverse practices among professionals and confusion for all involved in the parenting coordination process. This article therefore endeavours to provide more clarity and certainty on these issues, taking international best practice into account.

Subject and subject jurisdiction in the plane of legal certainty: problems in civil procedure law

This article is devoted to the subject and subject-matter jurisdiction in the plane of legal certainty. The article analyzes the problems through the prism of legal certainty, arising when attributing a case to the competence of courts: general, administrative and economic because the civil legislation does not enshrine any rules of attributing a particular case to the competence of a particular court. Ukraine in 2014 chose the European vector of development, so the legislation, in particular the civil procedure, must meet the criteria of the rule of law, the foundation of which is the rule of law. The interrelation of subject and subject-matter jurisdiction and the rule of law is revealed through the elements of legal certainty, namely: clarity, precision, provision of law, the ambiguity of its norms, established court practice, mandatory execution of court decisions, finality of court decisions. Considerable attention to this topic was paid by scientists A. Savchuk, A. Tkachuk, and A. Monayenko. The authors analyzed quite a few decisions of the European Court of Human Rights and noted that since the civil procedure law does not contain criteria for distinguishing the subject and subject jurisdiction, so a significant role is played by the court practice, which should be established and stipulated. According to the authors, this does not mean that the Supreme Court should not be able to deviate from its previous legal positions, as the development of judicial practice is not contrary to proper law enforcement, as the lack of an evolutionary and dynamic approach prevents any changes or improvements. The Supreme Court in such situations is only required to provide a more substantive justification for deviating from previous legal positions. As a result of the study of scientific works, and court practice, we analyzed each criterion of delimitation of subject and subject-matter jurisdiction, which were made in the exercise of judicial proceedings by the courts, and gave examples from judicial practice. The legislator is obliged to fix them at the level of the civil procedural law, which in turn will promote public confidence in the state, and the judicial system, to ensure the proper attitude to the law and the law as a whole.

NIZOLARNI MUQOBIL TARTIBDA HAL QILISHDA HAKAMLIK SUDLARI VA ULARNING TURLARI

In the conditions of modernization and reform of our country, the ongoing reforms in the law enforcement and judicial spheres are aimed primarily at the comprehensive protection of human rights, freedoms, and legitimate interests. Over the past period, large-scale organizational and legal measures have been taken to gradually strengthen the judicial system, ensure its independence, and reliably protect the rights and freedoms of man and citizen. It should be noted that today, in addition to competent courts, arbitration courts face various problems when considering several cases of civil and economic disputes in the manner of alternative dispute resolution. This article discusses the issue of arbitration courts and their types with an analysis of foreign experience. In the course of studying the normative legal acts of foreign countries on the types, characteristics, significance, and requirements for an arbitration court, the role of a national arbitration court was discussed. This article discusses the issue of arbitration courts and their types in alternative dispute resolution, and also develops proposals and recommendations for our national legislation.

Abuse of Authority Corruption Under the Government Administration Act

Based on the Law Number 30 of 2014 concerning Government Administration, and the Supreme Court regulation have extended the absolute competence of the Administrative Court to examine elements of abuse of authority committed by state officials in carrying out their positions. However, this authority is not the only option given by law in Indonesia, which in addition there is also the authority of the general court to resolve the topic of abuse of authority that causes harm to the country. therefore, there is still ambiguity and overlap in laws related to abuse of authority which causes losses to state finances which ultimately has an impact on legal certainty and justice for related parties. This type of thesis research used normative juridical research that is descriptive. The Data used to answer the problems in this study were secondary data and primary data derived from library research. The results of the study found that the District Administrative Court was authorized to decide related elements of abuse of authority committed by the agency and/or government officials. The analysis of the state administration Case Number: 2/P/PW/2017/PTUN.JBI. not compatible with Perma No. 4 of 2015 because it did not meet the requirements, the new court is authorized to accept, examine, and decide the assessment of the application, after the results of the supervision of the government Internal Audit apparatus (APIP) and the court is authorized to accept, examine, and decide the assessment of the application for assessment of whether or not there was abuse of authority in the decisions and/or actions of government officials before the criminal process. The conclusion obtained was the analysis of the consideration of judges and the decision of the PTUN Jambi was wrong and not in accordance with what was mandated in Regulation No. 4 of 2015 (Perma No. 4 of 2015) on guidelines in the assessment of judicial elements of abuse of authority. It is recommended to the government to harmonize laws and regulations related to abuse of authority both in terms of criminal and administrative aspects of the government in order to achieve regulatory harmony.

The mechanism for applying the principle of interdependence between judicial and legislative jurisdictions

The study deals with the correlation between the judicial and legislative jurisdictions that are recognized in some private international law disputes. This requires considering the mechanism that competent court grants the scope to apply its original national law in a way that does not run counter to any foreign law. Through the survey of the national legislature's policy regarding the regulation of international private legal relations, it appears that the policy seeks to enhance the status of national law at the expense of foreign law, and this depends on the rule of conflict. The legislature's policy aims at replacing the rule of conflict with a specific mechanism aspired to unifying the legislative and judicial competencies. This mechanism is characterized as being biased, i.e, it is founded on the lack of parallelism between the interest of the foreign state and that of the national legislature. In this respect, the principle of independence methodology would be presented, which is deduced from the notion of trade-off among more than one law. In fact, this raises the problems of balancing between nationalism or privacy and internationalism or globalization.When examining such problems, several questions may arise: Does the systematic application of this mechanism mean stripping private international relations of the international status and giving them the national attribute to be regarded as any internal relation? Furthermore, is there in this application what achieves justice and respect for the rights of individuals and the realization of legal security? In conclusion, the study shows the importance of this correlation and its role in achieving a set of goals, such as the respect for sovereignty, public order, the pursuit of justice, and effectiveness in resolving conflicts, provided that it remains a mere exception that is subject to the achievement of these objectives, and that the prevailing principle is the independence of the two jurisdictions from each other.

Los Juzgados de Violencia Sobre la Mujer y el Derecho al Juez Ordinario Predeterminado por la Ley

La Ley Orgánica 1/2004, de 28 de diciembre, de Medidas de Protección Integral contra la Violencia de Género creó los Juzgados de Violencia sobre la Mujer, unos órganos especializados para el conocimiento de aquellos conflictos civiles y penales que se susciten en el ámbito de la violencia de género. La hipótesis de partida proviene de las dudas planteadas por la doctrina acerca de la posible constitucionalidad de dichos órganos en relación con las previsiones del derecho fundamental al juez legal reconocido en el art. 24 de la Constitución. No hay que olvidar que dicho derecho no solo exige de una ley que cree el órgano jurisdiccional, sino que además requiere, para garantizar la imparcialidad, y sobre todo la independencia, exigibles a cualquier órgano jurisdiccional, de la determinación genérica y apriorística de la competencia, así como la predeterminación legal de las normas de composición del órgano. El objetivo del presente trabajo es analizar la posible vulneración de dicho derecho fundamental a la vista de que la competencia de tales Juzgados ha sido determinada en función del sexo de la víctima del delito. Para la realización del presente trabajo se ha procedido al análisis de la legislación, la doctrina más relevante sobre el tema, así como de la jurisprudencia, tanto constitucional como menor, que trata el derecho en cuestión habiendo hecho uso de una metodología deductiva para el desarrollo del trabajo. Se concluye como resultado, que nuestro legislador no fue muy cuidadoso con el respeto al derecho fundamental enunciado vulnerando el mismo.

Environmental Law Enforcement in Indonesia Through Civil Law: Between Justice and Legal Certainty

Enforcement of Environmental Law in Indonesia can be done in various ways. One way that can be done is to conduct a lawsuit in Civil Law to the competent court if the plaintiff suffers material or immaterial losses and suffers losses due to environmental damage around his area. There are various court decisions in the civil field, especially the new environmental scope. The new verdict can affect the growth and development of existing Environmental Law in Indonesia. If the plaintiff is the Ministry of Environment and Forestry who suffers material or immaterial losses, then the concept of proof in the judicial process can be called a strict liability suit. The problem written by the author in this journal is the enforcement of Environmental Law in Indonesia through Civil Law. In this journal, the writer uses the normative and juridical writing method, which is a legal writing which is carried out by analyzing secondary legal materials or library materials to find a solution to a legal problem that arises and uses a problem approach based on the laws or general legal rules regarding Environmental Law enforcement in Indonesia through Civil Law and problem approaches that are based on a conceptual basis. The results of research conducted show that to enforce Environmental Law based on Civil Law in Indonesia, judges not only apply existing legal regulations, but judges must also apply other judicial matters so that existing Environmental Laws in Indonesia can experience progress and rapid development.