Court Decisions Research Articles

Проблемы правового регулирования деятельности профсоюзных организаций

In accordance with the current labour legislation the problems of the position of trade union organisations are analysed. The norms of labour legislation of the RussianSoviet Federative Socialist Republic and the Russian Federation are studied. Attention is paid to the analysis of court decisions on the cases connected with public relations with the participation of trade union organisations.

Procedural Justice in Practice: A Comprehensive Study of its During the Implementation of the Criminal and Civil Procedure in the Basic Court of Gjilan and its Branches

Propose: This study aims to analyze the implementation of the core principles of procedural justice Understanding, Neutrality, Respect, and Voice in the Basic Court of Gjilan and its branches. Method: The perceptions and experiences of individuals involved in judicial processes will be evaluated through statistical, qualitative and quantitative methods, structured questionnaires, interviews, direct observation of court sessions (including communication, physical and emotional behavior of judicial staff), and analysis of audio/video recordings and official documentation, such as court decisions and communications. Results: The study will assess the level of dignity and respect experienced by individuals, investigate opportunities to voice opinions and concerns, evaluate the perceived neutrality of decision-makers, and assess their trustworthiness.

Robotic Judges: A New Step Towards Justice or the Exclusion of Humans?

Objective: The paper addresses how artificial intelligence can play this distinctive role at present and the vision for its development in the future. Theoretical Framework: The paper addresses the advantages enjoyed by human judges regarding cases, issuing judicial rulings and decisions, and resolving disputes. Additionally, it will discuss artificial intelligence's place in this area and the benefits it can bring to the table to promote fairness, impartiality, and objectivity in court decisions. Method: The analytical approach was used to extract the working mechanisms of artificial intelligence in this field and identify cases of bias based on practical practice and the experiences of some countries, such as the United States of America and China. Results and Discussion: Artificial intelligence plays a significant role in all fields, including legal and judicial. However, we cannot rely on the AI systems 100% and replace human judges. Research Implications: This paper examines the controversy surrounding replacing human judges with other robotic judges supported by artificial intelligence technology, powerful algorithms, and big data. Originality/Value: This study contributes to the literature by explaining the role of Artificial intelligence and how AI can play a significant role in all fields, including legal and judicial.

The Fundamentality of The Right to Evidence in The Brazilian Legal System

Objective: The objective of this study is to investigate the fundamental nature of the right to evidence in the Brazilian legal system, aiming to analyze its importance for guaranteeing due process and the realization of justice. Theoretical Framework: This section presents the main concepts and theories that underpin the research. Key theories include the principle of adversarial proceedings, the principle of ample defense, and due process of law, providing a solid foundation for understanding the context of the investigation. Method: The methodology adopted for this research comprises a qualitative approach, with documentary analysis and case studies of landmark decisions in Brazilian law. Data collection was conducted through a literature review and jurisprudence analysis, focusing on higher court decisions addressing the right to evidence. Results and Discussion: The results revealed the crucial importance of the right to evidence for maintaining the balance between parties in judicial proceedings. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting implications for legal practice and the protection of fundamental rights. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights on how the results can be applied or influence practices in the field of civil and criminal procedural law. These implications may include the reformulation of judicial procedures and the training of legal professionals. Originality/Value: This study contributes to the literature by exploring the fundamental nature of the right to evidence in Brazil in a thorough and systematic manner, highlighting new findings and offering a critical analysis of judicial practices. The relevance and value of this research are evidenced by its potential to influence procedural reforms and improve the effectiveness of the judicial system.

The Suspended States of Latinx Literature

Abstract This article lingers in the suspended time of Justin Torres’s We the Animals (2011), a story of loss, alienation, and an errant desire to remain underwater. Written in the long durée of US coloniality, Torres’s novel resists the narrative conventions of the bildungsroman to contend with the ways Latinx literature is bound to narratives of forestalled self-development and failed incorporation. Such uneven relations are traced back to the ethnographic frameworks emplotted in the Insular Cases—which are a set of Supreme Court decisions that have suspended Puerto Rico into statelessness since 1901. This article argues that Torres’s refusal of narrative convention reveals how the dictates of the Insular Cases have seeped into ethnographic understandings of Latinx as suspended from normativity at large. However, Torres’s tactical use of suspension refuses to move toward legible subjecthood or linger in despair. Rather, the novel tarries with the irregular conditions of Latinx life to posit shared alienation as the groundwork for a larger, vibrant brown sociality in the ongoing muck of the Insular Cases.

Peluang dan Tantangan Pemenuhan Hak Perempuan Pasca Cerai Gugat di Pengadilan Agama

Divorce is the dissolution of a marriage carried out through a court decision or at the request of one party in the marriage, often involving various legal and social considerations. PERMA No. 3 of 2017 concerning Guidelines for Judges in Adjudicating Cases Involving Women in Conflict with the Law serves as a legal foundation and an important reference for judges in the Religious Courts. This study employs the method of Empirical Legal Research, allowing the researcher to observe and evaluate the implementation of this regulation in the field. In addition to PERMA No. 3 of 2017, there are also supporting regulations such as SEMA No. 3 of 2018, SEMA No. 2 of 2019, and SEMA No. 5 of 2021. These regulations require judges to order the husband to pay maintenance to the wife before pronouncing the divorce declaration and issuing the divorce certificate. This aims to ensure that women's rights are protected and fulfilled, even in often complicated divorce situations. The research findings indicate that opportunities for fulfilling women's rights are increasingly open, creating legal equality based on the principle of justice and providing protection for women after divorce, which may not have been guaranteed previously. However, the lack of legal awareness from both parties, the husband and wife, has led to the implementation of these regulations not running efficiently and effectively. Therefore, this study is expected to contribute to the development of policies and legal practices that are more supportive of women in the divorce process.

Restriction of Passive Suffrage in the Legislation of the Russian Federation

Introduction. Suffrage is one of the most frequently reformed areas of the national legislation of the Russian Federation. Permanent law making activity and its further interpretation in the frame of law enforcement practices of holding the elections to public authorities not only fail to resolve the disputable issues, but arise the new ones referring to the electoral system regulation. The most important objective in the present day studies of the passive suffrage is to identify the legal collisions and make proposals for filling in the legal gaps encountered by the law enforcers in the context of the tasks set forth before them, i.e. to ensure implementation of the passive suffrage of the candidates. Nowadays, the need to carry out the legal analysis of the impact imposed by the conceptual legislative innovations on using the right to passive suffrage has become evident. The aim of this paper is to analyse the existing restrictions of passive suffrage, as well as to study the eligibility and limits of these restrictions.Materials and Methods. In the article, the recently published works of native scientists, the mass media materials, federal legislation, decisions of the Constitutional Court of the Russian Federation in the studied area, the regulatory legal acts adopted by the Central Election Commission of the Russian Federation, as well as the results of the work of the election commissions have been analysed. The study was based on such commonly accepted methods of scientific cognition as the dialectical and dogmatic-legal methods, as well as the methods of analysis, synthesis, induction and deduction.Results. The issues of legitimacy of establishing the additional restrictions to the rights of citizens have been investigated. The conclusion has been made not only of great importance to protect the human rights and freedoms, but of urgent need to comply with the legal restrictions of these rights. The concepts of restrictions and violations of the human and civil rights and freedoms have been differentiated, and the statutory expression of the suffrage restrictions has been analysed. Except for the constitutional provisions (legal capability and criminal record), the content of the additional restrictions introduced at the federal level and referring to the age, residence qualification, presence or absence of a criminal record of committed crimes and torts of extremism has also been disclosed.Discussion and Conclusion. The essence of the passive suffrage restrictions implies imposing the certain requirements and conditions on a person for him to acquire the eligibility to stand as a candidate in the elections to the public authorities. The system of suffrage restrictions is designed to ensure the high-quality of formation, complete functionality and professionalism of the elected authorities and officials, however could also become a tool for fighting against the opposition.

Lawsuit as a means of protecting violated rights in administrative proceedings

The article is dedicated to the study of a lawsuit as a means of protecting violated rights in administrative proceedings. Considering the amendments to the legislation, the issue of the significance of a lawsuit in the context of protecting violated rights in administrative proceedings has become increasingly relevant. Under the previous version of the Code of Administrative Procedure of Ukraine, a lawsuit was the foundational document, without which the protection of violated rights in administrative proceedings would be nearly impossible. It has been demonstrated that the current version of the Code of Administrative Procedure of Ukraine has significantly detailed the right to apply to the court, particularly regarding the potential application of remedies by the court. A lawsuit, serving as the basis for initiating proceedings, addressing the case on its merits, and rendering a court decision, is a crucial tool in raising the question of whether the administrative court should apply remedies to protect violated rights. Simultaneously, the administrative law doctrine posits that an administrative lawsuit itself should be viewed as a means of protecting violated rights. The author observes that doctrinal provisions, grounded in the current administrative procedure law and supported by an analysis of administrative court practice, indicate that an administrative lawsuit significantly influences the activities of an administrative court, particularly in its application of remedies to protect violated rights. Furthermore, some scholarly sources add that the importance of a lawsuit lies in its ability to guide the court’s actions and provide individuals with appropriate guarantees. The author emphasizes that these doctrinal principles align fully with the provisions of the Code of Administrative Procedure of Ukraine, which is considered a conceptually comprehensive procedural document.

Juridical Analysis of State-Owned Enterprises (BUMN) with Bankruptcy Status

Bankrupt BUMN is not as simple as bankruptcy of a person or other legal entity, because this BUMN has state assets whose management must involve state intervention. Government intervention is proven by the presence of the Minister of Finance as CFO and majority owner of BUMN and the Minister of BUMN as director and supervisor of BUMN activities, apart from that there are supporting regulations, namely the KN Law, PN Law and Constitutional Court Decision No. 62/PUU-XI/2013 which notes that wealth separated from BUMN remains state wealth. If a state company is bankrupted by its own debtor, the finance minister has the largest say in the state-owned bankruptcy application than the GMS, in Peru the finance minister has the highest power and is the only party. who can file bankruptcy. The legal consequence of BUMN bankruptcy is that a public confiscation is carried out, but first the BUMN must go through a process of paying state assets in accordance with Minister of Finance Regulation No. 50/PMK.06/2014 because BUMN goods are still considered state-owned goods.

Supreme Court's Decision Regarding the Prohibition of Interfaith Marriage and Its Relevance of Maqaṣid Al-Shari'ah

Supreme Court's Decision Regarding the Prohibition of Interfaith Marriage and Its Relevance of Maqaṣid Al-Shari'ah

The Role of Constitutional Review to Determine the Emergency Operation of Parliaments: the Most Recent Lessons to be Learned

Abstract Based on a recently published English-language global database on constitutional case law linked to the global pandemic, my contribution aims at analysing the currently underestimated link between constitutional review and the emergency operation of parliaments. Although the fact, that huge research endeavors have been devoted to the evaluation of parliamentary solutions adapting to the Covid-19 pandemic, the role of constitutional review has not been understood more deeply in this process until now. However, several constitutional constitutional courts have heard significant matters of parliamentary law during and shortly after the public health emergency, and despite the mostly deferential character of constitutional/supreme courts, the relevant rulings from around the world provided meaningful orientations how to describe rliamentary margin of movement to regulate internal structure and organisation during such extraordinary periods. This contribution will enumerate such constitutional/supreme court decisions and will assess their added value to maintain effective parliamentary work under the shadow of unprecedented challenges.

Проблемы разграничения законности, обоснованности и мотивированности приговора в теории и практике уголовного судопроизводства

This article examines the problems associated with defining the concept of a justified verdict, its relationship with the properties of legality and motivation of a court decision. The conclusion is formulated that modern judicial practice has actually turned the property of the validity of a sentence into an appendage of legality. Violation of the norms of the Code of Criminal Procedure of the Russian Federation, in turn, is a universal basis for canceling or changing a court decision. Thus, in the practice of appellate courts, the identification of violations of the law committed by the court of first instance, as a rule, precedes the verification of issues of the validity of the verdict, which the court may generally leave without consideration, and the cassation courts, contrary to the requirements of the law, actually verify the validity of the verdict. In this case, the sentence is canceled (changed) due to a legal basis (the only legal one, according to the letter of the law) significant violations of the criminal and (or) criminal procedural law. The authors associates the appearance of such collisions with the confusion in judicial practice and in procedural science of the concepts of legality, validity and motivation of a sentence. However, such a mixture directly contradicts the requirement of the Code of Criminal Procedure of the Russian Federation, which distinguishes the subject of appeal (legality, validity and fairness of the sentence) and cassation (literally according to the Code of Criminal Procedure of the Russian Federation — only the legality of the sentence) proceedings. Based on the results of the study, the authors proposed her own vision of the content of the concepts of legality, validity and motivation of a court decision, and their significance in rendering a legal verdict. Key words: sentence, properties of the sentence, legality, validity, motivation.

Значение подсудности в уголовном и цивилистическом процессе

The relationship between the procedural and judicial significance of jurisdiction, as well as its conditionality by criteria of a procedural and judicial nature, is considered. The predominantly technical significance of the institution of jurisdiction for procedural branches of law is determined. Examples of manipulation of jurisdiction in the field of arbitration, civil, and criminal proceedings are given. The refusal of alternative jurisdiction in criminal proceedings is justified. It is concluded that violation of the rules of jurisdiction is not considered an absolute basis for the reversal of court decisions.

Akibat Hukum Gugatan Kejaksaan Negeri Tanjung Jabung Barat Terkait Pencabutan Kekuasaan Orang Tua

Parents are the first and foremost institution for children to receive protection, teaching and fulfillment of their rights. However, sometimes parents cannot provide protection and can even become criminals for their own biological children, as stated in the Kuala Tungkal District Court Decision Number: 01/Pid.Sus/2022/PN KLT dated 08 February 2022, which is the basis for the West Tanjung Jabung District Prosecutor's proposal. Lawsuit for Revocation of Parental Power over Children. The problem studied in this paper boils down to what are the legal consequences of the lawsuit for the revocation of parental authority over children by the Tanjung Jabung Barat District Prosecutor's Office (Study of Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT)? The research method used is empirical juridical with interview techniques. Based on the results of research that has been carried out regarding the legal consequences of the Lawsuit for Revocation of Parental Power over Children by the West Tanjung Jabung District Prosecutor's Office as per Kuala Tungkal District Court Decision Number 16/Pdt.G/2022.PN.KLT parents whose power over children has been revoked do not have any power over the child, however the termination of this power does not necessarily sever the regional relationship between parents and children so that the parents, in this case the Defendant/Birth Father, still have the obligation to support the lives of their children.

ANALISIS PENGARUH PUTUSAN HAKIM KONSTITUSI TERHADAP PUTUSAN MAHKAMAH KONSTITUSI No. 90/PUU-XXI/2023

The constitution states that the Indonesian state is a rule of law enforced by the government under the mandate of paragraph 4 of the preamble to the 1945 NRI constitution, which states that its duty is to protect the entire Indonesian people and the bloodshed of all. Indonesia. manifestation of the fifth commandment and "Social justice for all Indonesians" and ". Which establishes the Constitutional Court as the supervisor of the Constitution and also as the exerciser of judicial power. If there is a law whose content contradicts the Constitution. , the court can cancel the existence of the law or in whole or in part declaring that it the decision of the Constitutional Court does not have binding legal force and the decision is definitive and binding in nature. In this study, the author focuses more on the nature of the decision of the Constitutional Court, which differs from other decisions. The purpose of this study is to find ways in which the decision of the Constitutional Court can be studied in a similar way to other decisions. The purpose of this study is to find ways in which the decision of the Constitutional Court can be studied in a similar way to other decisions. Standard, legal and with the help of a literature review.

Астрент и прогибиторный иск

The article is devoted to solving the problem of the correlation between astrente and prohibition action by highlighting the common and different features of these legal institutions. It is argued that astrent can be indirectly used for the protection of the owner's rights, but for initial prevention astrent is not identical to a prohibition action. It is concluded that there is a need for a comprehensive defence of the right in rem by preventing infringement through a prohibition action and an application for the appointment of an astrente to guarantee the enforcement of the court's decision on the prohibition action. Such a combination of astrente and prohibition action was reflected in Article 35 of the Draft Civil Code of the Russian Empire, therefore, astrente cannot be considered a novelty for the Russian law, it is prescribed from the above norm.

Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province)

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.

Overcoming the Impact of Students for Fair Admission v Harvard to Build a More Representative Health Care Workforce: Perspectives from Ending Unequal Treatment.

Policy Points In a recently commissioned report on solutions for eliminating racial and ethnic health care inequities entitled Ending Unequal Treatment, the National Academies of Sciences, Engineering, and Medicine found a health workforce that is representative of the communities it serves is essential for health care equity. The Supreme Court decision to ban race-conscious admission constraints pathways toward health workforce representativeness and equity. This paper draws on the National Academies report's findings that health care workforce representativeness improves care quality, population health, and equity to discuss policy and programmatic options for various participants to promote health workforce representativeness in the context of race-conscious admissions bans.

Relevance of Religious Court Decisions on Marriage to National Development Policy Directions: A Legal and Social Analysis

The results show that the Religious Courts play an important role in harmonising Islamic law with national development policies and international legal standards, particularly in the context of protecting the rights of women and children. However, challenges exist in harmonising interpretations of Islamic law with the principles of human rights and gender equality guaranteed by international conventions such as CEDAW. This research uses a qualitative approach with a case study method to analyse the relevance of Religious Court decisions related to marriage to national development policies as well as their relationship to international law. Primary data was obtained through analysis of Religious Court decisions in several regions of Indonesia in the last five years covering marital issues such as divorce, polygamy, child custody, and division of joint property. Secondary data included national policy documents, such as the RPJMN, as well as international legal instruments such as CEDAW. This research identifies the need for progressive reforms in the Religious Courts system, including capacity building of judges in understanding international law, revision of the Compilation of Islamic Law, and strengthening co-operation between relevant institutions. The innovative contribution of this research lies in its in-depth analysis of how the Religious Courts can serve as a bridge between religious law, national development policy, and Indonesia's international obligations.

Прокурорский надзор за исполнением законодательства в экологической сфере

Topical issues of increasing the efficiency of supervision over the implementation of environmental legislation, human rights tasks to protect the constitutional rights of citizens to live in a favorable environment are considered. The effective work of the Yakut environmental prosecutor’s office to compensate for environmental damage caused to the subsoil as a result of violation of the legislation of the Russian Federation on subsoil is revealed. It is noted that the judge supported the prosecutor’s proposal to apply legal interim measures of joint and several property liability of legal entities for the future actual execution of the court decision, taking into account the large damage caused to natural resources. The important role of the prosecutor’s office in ensuring legal protection of people’s environmental rights is emphasized, which contributes to the process of forming the environmental legal consciousness of civil society in a legal democratic Russian state.