Final Court Research Articles

Detention Decision as Part of a Sentence: Immediate Execution and Urgent Appeal

After analyzing the criminal procedural rules governing the procedure for simultaneous rendering of a sentence and making an appeal against measures of restraint, and studying the law enforcement practice, the author concludes that persons sentenced to real deprivation of liberty and taken into custody in the courtroom are significantly limited in the possibility of implementation right to judicial protection. Since the decision on the measure of restraint, initially of an interim nature, becomes an integral part of the verdict as a final court decision, it is impossible to challenge detention in the form of an urgent appeal. The relationship with the sentence regarding the decision on punishment does not make it possible to reconsider the decision on the measure of restraint on its own, separately from the sentence. However, contrary to the principle of the presumption of innocence, this circumstance does not interfere with the law enforcement authorities to immediately enforce the verdict in terms of decisions on the measure of restraint, and, therefore, on the corresponding punishment, which is permissible only in relation to interim decisions. At the same time, the general procedure for appealing against a sentence and the possibility for a convicted person to apply for cancellation of a preventive measure are not effective legal remedies. Interpreting this as a violation of the principle of legal certainty, the author concludes that it is necessary to eliminate doubts that the decision on the measure of restraint cannot be part of the sentence, and suggests amending the criminal procedure legislation accordingly. The problem, which implies the need to ensure the possibility of an urgent appeal against the decision on a custody, will be resolved by itself.

Judicial Committee of the Privy Council: The Persistence of a British Colonial Institution

Following the British decolonization process, the Judicial Committee of the Privy Council (JCPC) continued as the final appellate court for many new states. Originally designed as a colonial court, the JCPC, therefore, continues to influence independent states. This testifies to the persistence of British colonial influence in the jurisprudence of former colonies. This research on the JCPC provides evidence colonial influences persist beyond the ceremonial and examines the Gambia and New Zealand as cases illustrating different paths to shedding this colonial institutional.

Realization of res judicata principle in civil proceedings: the experience of foreign countries


 The article is devoted to the analysis of res judicata as an essential element of the legal certainty. Res judicata is considered to be one of the main guaranties of the legal certainty principle in civil procedure which allows a stability of the court decisions in democratic society and increase the public confidence to judiciary. 
 The author analyzes national characteristics of the realization of the principle of res judicata in civil procedure of foreign countries. The author explores the preclusion effect of court decisions, highlighting two effects of the res judicata principle: positive and negative one. The negative effect of res judicata is aimed at preventing the re-consideration of identical disputes between the parties if the dispute has already been resolved by the court, in turn, the positive effect of res judicata allows the parties to refer to circumstances that have already been established by a court decision in the dispute between them, in new proceedings, where they are involved.
 It is concluded that there are significant differences in the understanding of this principle in common law and civil law legal systems. The common law countries have a broad understanding of the res judicata principle, which includes positive and negative effects, and is implemented through such institutions as the claim preclusion and the issue preclusion. Civil law countries follow a narrow approach to understanding of res judicata principle, which is limited only by the negative effect and is reflected in the claim preclusion, which blocks filing an identical claim if there is a final court decision on the dispute between the parties.
 In common law jurisdiction there is a wider conception of the “claim”, according to which it is understood in the context of entire dispute and comprise all claims based on the legal relationship between the parties, whether or not they were the subject of court proceedings. At the same time in civil law countries identity of the claims can be notified with the help of the triple identity test, which contains the identity of the subject of the claim, the identity of the cause of action and the identity of the parties of the claim.

JUDICIAL INVESTIGATION OF CRIMINAL CASES AS A REFLECTION OF THE MAIN PROBLEMS OF DOMESTIC JUSTICE

The judicial investigation from the beginning of its formation and legal recognition as a unique stage of judicial proceedings in criminal procedure is the most attractive subject of scientific research and, perhaps, the main indicator of almost all justice issues. The independence and integrity of the judicial process, so necessary for the justice of the final court ruling, are provided by the legal organization of the judicial investigation, which is sometimes unstable in recent years. It is necessary to find the right balance between the completeness of the court hearing and procedural economy, between the unlimited rights of the courts of controlling instances and the principle of legal certainty, between the procedural freedom of the judge and the limits of the court trial all this is the aim of domestic justice, and it is always connected with judicial investigation. In this regard, the authors make a brief analysis of the changes in the regulation of the judicial investigation, the peculiarities of its procedural form in various arrangements for criminal proceedings, non-standard solutions proposed in the criminal law science that may be useful for lawmaking.

The Problems of Applying Both Criminal and Administrative Penal Sanctions in Light of Article 50 of the Charter of Fundamental Rights of the European Union

The aim of this study is to present the case law of the Court of Justice of the European Union (CJEU) regarding the admissibility of parallel punishments in proceedings conducted separately before criminal courts and administrative authorities. Pursuant to Article 50 of the Charter of Fundamental Rights of the European Union, no one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law (the ne bis in idem principle). According to the CJEU, this principle does not constitute a legal obstacle to the application of sanctions for the same unlawful conduct of the same person in both criminal and administrative proceedings, if the sanction imposed by the administrative authority does not have the nature of a criminal penalty (the case C-617/10 Fransson). Assessment of such a nature in accordance with the case law of the CJEU (influenced by the judgment of the European Court of Human Rights in the Engel case) needs to be based on three criteria: the classification of a given procedure in domestic law, the existence of a repressive function of the measure adjudicated under the procedure and the degree of its severity (the case C-489/10 Bonda). In the opinion of the CJEU, the ne bis in idem principle mentioned in Article 50 of the Charter is also not absolute, because the restrictions on the use of the rights granted by the Charter are allowed pursuant to Article 52 (1) of the Charter. Therefore, according to the CJUE, it is possible to double sanction a given behaviour with measures of a penal nature, if it is justified by general objectives such as the protection of the tax system or of the regularity of stock exchange trading, provided that each of the proceedings performs its own specific additional objectives and that the accumulation of sanctions is based on the principle of proportionality. While administrative sanctions could be meant to counteract any transgressions, criminal sanctions should be limited to the most serious, culpable abuses. Moreover, the Member States should regulate the mutual influence of both proceedings, so as not to punish too severely the same behaviour and so that the sanctions applied jointly are absolutely necessary (the case C-545/15 Menci, the case C-537/16 Garlsson Real Estate and Others). On the other hand, according to the CJUE, Article 50 of the Charter excludes the possibility of bringing a given entity to administrative responsibility in the event that it had already been legally acquitted of committing the same offence with a final court ruling, because the acquittal judgement definitively determines that no act has been committed, and thus it is pointless to consider whether an exception to the ne bis in idem principle in such a case is justified in the light of Article 52 (1) of the Charter (joint cases C-596/16 and C-597/16, Enzo Di Puma and Consob). Finally, the CJUE states that Article 50 of the Charter must be interpreted in such a way that it does not preclude the application of the national provision which allows for conducting criminal proceedings, if a definitive administrative penalty for the same acts has been imposed on a company with a legal personality and criminal proceedings have been initiated against a natural person (joint cases C-217/15 and C-350/15, Orsi, Baldetti).

Consequences of failure to pay a court fine

The article discusses issues that arose during enforcement of the new grounds for exemption from criminal responsibility, enshrined in 2016, in connection with a court fine (Article 76.2 of the Criminal Code). Despite the criticism of its legislative regulation, demand for a new way of ceasing criminal prosecution began to appear in connection with the non-payment of a fine. Having determined the voluntary execution of a court fine, the legislator did not settle the issue of the further execution of the fine in cases where there are valid reasons for non-payment. After analyzing the existing proposals to solve this problem, the author confirms that the elimination of the gap would be facilitated by the legislative obligation of the bailiff to establish the circumstances by which the judicial penalty is not paid, as well as the addition of the list of decisions made by the bailiff to suspend enforcement proceeding. Analysis of judicial practice showed that Art. 76.2 of the Criminal Code began to be applied in cases where the court has justification for implementing less onerous grounds for the defendant to be exempt from criminal liability. Legislative duplication of the conditions under which criminal prosecution can be terminated for various reasons calls into question the wide alternative of the latter, as well as the embodiment of the idea of humanizing criminal law, which is the basis for securing a new ground for exemption from criminal liability. The article substantiates the proposal to supplement the Resolution of the Plenum of the Supreme Court dated June 27, 2013 with a provision allowing the release of a person from criminal responsibility with a judicial fine in cases where the court has no basis for suspending criminal prosecution for unconditional types of exemption from criminal liability. The author draws attention to the gap in the legislation, part 3 of Article 78 of the Criminal Code, which is related to the renewal of the statute of limitations for criminal liability when an individual avoids paying a court fine.

РЕАЛИЗАЦИЯ ПРИНЦИПА СПРАВЕДЛИВОСТИ ПРИ НАЗНАЧЕНИИ СУДЕБНОГО ШТРАФА

In the article, the author lists the gaps in the imposition of a court fine and suggests the ways to solve the problem. When a person who has committed several crimes is released from criminal liability, a court fine should be imposed for each crime independently, indicating the terms and procedure for payment. It is necessary to limit the exemption from criminal liability for some crimes. It is advisable to establish a minimum amount of a court fine, as well as to legislate the terms for its payment. There can be an installment plan and deferral of payment in order to implement the distributing aspect of the principle of justice. The amount of the court fine, the procedure and terms for its payment should depend on the property status of the guilty person.

ЗАРУБІЖНИЙ ДОСВІД ЗАСТОСУВАННЯ СУДОВОГО ШТРАФУ ЯК ІНШОГО ЗАХОДУ КРИМІНАЛЬНО-ПРАВОВОГО ХАРАКТЕРУ

The article analyzes the provisions of the current Criminal Codes of the countries of the Romano-Germanic legal family on the conditions and procedure for applying a court fine as another measure of a criminal-legal nature. The article considers the normative possibility of exemption from criminal liability due to certain procedural circumstances. It is concluded that within the framework of modern criminal law of a small number of individual states, there are two main types of exemption of a person from criminal liability by paying him a judicial or a similar fine. It is concluded that the integral norms of modern foreign criminal law governing the application of a court fine provide for the possibility of practical implementation of: a) the principle of the minimum application of a particular criminal punishment; b) the principle of maximum possible assistance for an alternative, “non-criminal” outcome of the criminal proceedings. The main purpose and result of the application of a court fine is to release one or another offender from criminal liability in general and release him from one or another type of criminal punishment. The procedural part of the application of a court fine is the decriminalization of one or another act of the offender, which is carried out on the basis of the court taking into account the severity of the offense committed, the degree of preliminary law-abidingness of the offender, as well as the previous social, moral, material and other actions of the offender aimed at compensating his guilt before the victim and compensation by the offender for the harm caused by the crime. Within the framework of modern criminal law of a small number of individual states, there are two main substantive types of normative release of the offender from criminal liability by paying him a court or a similar fine: a) the application by the court of the court fine itself; and b) the application by the court of a fine associated with a change in the form of criminal liability.

Pravna priroda odnosa između arbitara i stranaka - receptum arbitri

In this paper author analyses legal nature of relationship between arbitrator and parties as well as the source of arbitrator's rights and duties. In comparative law there are two opinions about that subject: the first is that the role of the arbitrator is regulated by the law and that his rights and duties are the matter of the status of arbitrator. The second opinion, however, points out that that relation is regulated by a special contract - receptum arbitri, which arbitrator and parties conclude with one another. In contemporary law the second view prevails and that opinion is supported in this article. The analysis of the relationship between the arbitration agreement and receptum arbitri, the legal nature of the receptum arbitri, rights and duties of the contracting parties and legal remedies in case of breach of the contract clearly points to the specifics of receptum arbitri. In conclusion author claims that those specifics are necessary in order to fulfil the main goal of the arbitration proceedings which is to obtain arbitration decision legally binding as the final court decision.

Sports pharmacists: A noble evolving professional in Indian Pharmaceutical Arena

In Sports, the use of Prohibited substance or Prohibited methods or breaking Anti-Doping Rules Violations (ADRV) is termed as Doping. Anti-Doping Administrative Management System (ADAMS) has reported an average increase of 5.81% per year in the number of overall samples analysed (Olympic Sports and NonOlympic Sports) for Anti-doping tests over the last 15 years (2003-2017). Since Mexico-1968 Olympic to Pyeongchang-2018 Olympic, 140 medals were stripped from sports persons due to Adverse Analytical Finding (AAF) at various sports. In sports, there are seven broad classes of substance that are categorized under doping.Several Anti-Doping organizations like National Anti-Doping Agency and World Anti-Doping Agency are working together to prevent doping from sports, providing equal chance to each sports person and to protect health of the athletes. Court of Arbitration for Sport (CAS) is the final court appeal for any National Anti-Doping Organization or whichever athlete or stakeholders who are breaking the ADRV. Pharmacists are playing an important role in sports by counseling athletes, advising physician and athletic personnel and enlightening the community about the ill effects of Anti-Doping. Sports Pharmacist with their knowledge and expertise can contribute immensely for spreading awareness about anti-doping practices among sports person and hence there is need to develop the concept of Sports Pharmacist in Indian Pharmaceutical Arena

ABOUT GAPS IN MORTGAGE LEGAL RELATIONS IN IMPLEMENTATION OF MORTGAGE SUBJECT

The purpose of this article is to identify loopholes in the mortgage law of Ukraine, in particular if the creditor has not properly exercised his or her right to a final court decision to satisfy his / her claims at the expense of the mortgage subject, resulting in violations of subjective rights of the mortgagee. It is noted that in practice, when applying the Law of Ukraine "On Mortgage" of 05.06.2003 № 898-IV outside the sphere of legal regulation of this law there is a question of legal consequences in case the creditor did not use within a certain time his right on the basis of a court decision on satisfaction his claims on the subject of the mortgage, including termination of the mortgage on these grounds. It is noted that the issue is unsettled: whether the debtor has the right to demand termination of the mortgage agreement, if the lender has chosen a way to satisfy his claims precisely by applying the foreclosure for the mortgage through his public auction, which was decided by the court, does not take any action on enforcement of this judgment. It is emphasized that the issue of the possibility of termination of a mortgage obligation as a result of abuse by the creditor of the right to enforce the obligation is important, in particular when the value of the property transferred to the mortgage exceeds considerably the amount of credit debt of the debtor and the mortgagee (the owner of the property) with encumbered property, unable to dispose of it, waiting for a long time to properly execute the court decision. The authors believe that, because of the improper execution of the court decision and the terms of the mortgage agreement, the mortgagee should also bear the burden of liability and certain losses in this case as well. Therefore, to protect the subjective rights of both the mortgagee and the mortgagee, the authors propose to overcome the gap in the Law of Ukraine "On Mortgage" by amending Art. 17. after the second part of the new part reads as follows: "if the mortgagee has not taken any measures to realize the subject of the mortgage for the execution of the judgment". That is, through the introduction of appropriate amendments to the legislation provides legal certainty in the mortgage relationship.

Features of Criminal Trials in the USA and Germany Using Genetic Evidence

The article deals with certain issues of using genetic information as evidence in a trial. The authors investigated the stages of the trial in the United States and Germany, at which the specified type of evidence can affect the final court decision, identified some features and contradictions in the use of genetic evidence at specific stages. The judicial practice in criminal cases of the considered category is analyzed. The influence of this kind of evidence on the general course of the case is studied. The use of such evidence is critically assessed.

ЭТАП ОЦЕНКИ ОБОСНОВАННОСТИ ЖАЛОБЫ (ПРЕДСТАВЛЕНИЯ) ПРИ СПЛОШНОЙ КАССАЦИИ

With the introduction of continuous cassation in criminal cases on 01 October 2019, the content of the verification of the validity of the cassation complaint and presentation has changed. The science of criminal procedure has been faced with a new problem: to assess the effectiveness of legal regulation, in which the validity of the cassation complaint or presentation is verified directly at the hearing, not at the preliminary stage. The object of this research is criminal procedural relations that develop in the implementation of the norms of criminal procedure law that regulate cassation proceedings in criminal procedure. The research focuses on the norms of the constitutional and criminal procedure law of the Russian Federation, domestic and foreign legislation, generally recognized principles and norms of international law governing cassation proceedings, provisions of the science of criminal law and criminal procedure. The aim of the research is to reveal the essence of the introduced legislative changes concerning the stage of verification of the validity of the cassation complaint or presentation, to develop proposals for improving the legislation. The methods of analysis, synthesis and comparison were applied to determine the procedure for the verification of the validity of the cassation complaint or presentation by the court of the cassation instance. The comparative legal method was employed to study foreign forms of cassation proceedings. The formal legal method was used to analyze the content of the texts of normative legal acts regulating cassation proceedings. The research resulted in the following conclusions. The lack of a stage for assessing the validity of the cassation complaint (presentation) and the grounds for its transfer to the cassation court excessively strengthens the revision principle and shifts the balance towards the task of identifying and eliminating violations of the requirements for the final court decision. The solution to this problem is possible through the introduction of written cassation proceedings carried out by a panel of three judges, which will consider the issue of admissibility and validity of the complaint (presentation).

Upućivanje najopasnijih osuđenika na izdržavanje kazne zatvora

There are more than thirty penal institutions in the Republic of Serbia in which persons deprived of liberty "reside" due to different reasons as prescribed by law. A convicted person is committed to serve a prison sentence after the final court judgement. This is the rule, however, there is an exception. The position of a convict while serving a prison sentence depends on the type of penal institution in which the convict serves the sentence. There are many circumstances prescribed by law that determine to which penal institutions a convict will be committed to. Since 2009, there have been special rules on serving prison sentences for a certain category of convicts in the Republic of Serbia. This is when the Law on the Enforcement of the Prison Sentence for Criminal Offenses of Organised Crime was enacted. The author focuses on the committal of the most dangerous convicts to serving prison sentences. In this regard, the author points out who the most dangerous convicts are, where they serve the prison sentence, and how the procedure of committing the convict to serve the sentence is organised.

The effectiveness of the constitutional complaint as a legal remedy against the violation of constitutional rights

The article is devoted to the effectiveness of the constitutional complaint as a specific subsidiary legal remedy against the violation of constitutional rights. The article analyzes significant legal consequences of the consideration of constitutional complaints by the Constitutional Court of Ukraine with their relation to the protection of the person’s fundamental rights and freedoms and the system-functional connection of constitutional complaint with other remedies.Three groups of approaches are examined to determine when the Constitutional Court acts start to act: ex tunc ("from the beginning"), ex nunc ("from now") and pro futuro ("to the future"). The contradistinction of the doctrine of nullity acts (recognized as unconstitutional) and the doctrine of their derogation has been investigated. The analysis of the national court decisions revealed that the unconstitutionality of the court's application of a legal act or its separate provision does not determine the review of the final court decisions. It is proved that the regulatory mechanism of functional interaction of the courts concerning casual constitutional control needs the most urgent but thought-out adjustment.It should also be stated, that the approach taken to the 2017 procedural reform to determine the legally significant consequences of the unconstitutionality of a law, another legal act, or their separate provision applied by a court in resolving a case, remains to be unchanged. However, the existence of this approach seems to be at least paradoxical regarding the adoption of a constitutional complaint in Ukraine, which is one of the newest legal remedies of subsidiary and exclusive nature.Subjects of the right for constitutional complaint, having exhausted all other national remedies, having fulfilled the complex requirements in drafting and lodging a constitutional complaint, will not be able to review the final court decision in their case, in which a court applied the law recognized as unconstitutional (whole or its separate provision). Contrary to the direct reference to such possibility in the procedural legislation.It is not possible to resolve the current situation without changes to the Constitution of Ukraine and the Law on the Constitutional Court on the validity of the acts of the Constitutional Court of Ukraine as a whole, and on decisions on constitutional complaints in particular.

Prospects for Expanding the Subject of Penal Law

The paper notes that the issue of the independence of penal law as a branch is not relevant; still the issue on the subject of this branch of law, which is understood in a narrow (classical) and broad senses, remains acute. The classical definition of the subject consists of social relations arising in the execution of all punishments, and now other measures of a criminal law nature. Currently, scientists are increasingly talking about the need to expand the subject of penal law due to the inclusion of public relations in the execution of measures of restraint in form of detention and house arrest; assistance in social adaptation of the persons released from serving of punishment and other measures of criminal legal character; and when applying the non-punitive means of influence on prisoners.The author does not agree that the penal law should regulate only punishments and other measures of a criminal legal nature, which are a form of realization of criminal responsibility. In this regard, compulsory medical measures, confiscation of property and a court fine cannot be considered as such. If we consider criminal responsibility in a broad sense — as having a coercive rather than punitive character, then all measures of a criminal nature should be covered by it and be the subject of this branch of law. Penal law is not penal executive law but penal law.The paper notes that not legally, but practically, the execution of detention and house arrest is included in the subject of penal law, as they are executed by institutions and bodies of the Federal Enforcement Service and are included in the course of penal law at the Russian Federal Enforcement Service universities. The author of the paper admits that these preventive measures may be the subject of penal law, which, as in relation to criminal law, is the executive branch in relation to criminal procedure law.Many scholars believe that post-penitentiary relations are the subject of penal law. Agreeing with them, the author of the paper believes that in this case it is necessary to provide for the purpose of penal legislation — the resocialization of convicts, which includes correction, preparation of convicts for release and their social adaptation after release from punishment. As an example, the author refers to the regulation of such relations in the Penal Code of the Republic of Belarus and Ukraine.Thus, the subject of penal law should be the criminal executive social relations that develop in the implementation of compulsory institutions of criminal and criminal procedure law, having an executive direction.

Final and Intermediate Court Decisions in the Context of Unification and Differentiation of Court Proceedings in Criminal Procedure

The paper investigates normative-legal concepts of final and intermediate court decisions in criminal proceedings. Having carried out verbal and semantic and subject-content analysis of these definitions, the author reveals their drawbacks in terms of the terminology used and fictiousness in terms in the context of their subject matter. It is stated that the concept of an interim court decisions includes heterogeneous judicial acts fundamentally different in their nature and purpose. On the basis of the provisions of the theory of differentiation of criminal proceedings and the application of the method of systemic and structural analysis of the procedural activity of the criminal court, it is concluded that judicial acts and the final decisions of higher courts have common characteristics of final court decisions and should not be classified as interim, i.e. auxiliary. It is proposed to limit the concept of an interim judgment to a set of preparatory decisions, decisions to enforce and organizational decisions taken by the court in the course of preparation and conduct of a trial in any criminal proceedings.

‘CHANGE THE CONSTITUTION? INTERPRETATION, (MIS)CALCULATION, WRONGS RIGHTED OR REACTION & REITERATION’

Since the United States adopted a written constitution as a consequence of the War of Independence, it is fair to say that most Western democracies with written constitutions have taken some guidance from that founding document. Inevitably, a key provision for any written constitution is ‘how can it be amended’. Even where there is an unwritten constitution (as for the United Kingdom, Aotearoa/New Zealand and Israel), the ‘rules’ established by convention or custom or some other means cannot be immutable: the passage of time or changing ideas require some means of altering or updating the rules. Changing a constitution is a matter of law, yet one inescapably imbued with politics. This article explores the way constitutional change has come, and how the rules have worked, in Australia (the 1951 referendum to ban the Australian Communist Party – unsuccessful, and the 1967 referendum to recognise rights of Indigenous Australians – successful) and the United States (the Equal Rights Amendment – situation ongoing), with a foray into the referendum process in United Kingdom (the 2017 ‘Brexit’ vote). It explores, too, the ‘change’ to a constitution where there is no change to the words of the document, but a change in interpretation – this in the context of Canada in 1929. There, consistent with judgments in Aotearoa/New Zealand, Australia, the United Kingdom and the United States, the Canadian Supreme Court interpreted ‘person’ as appearing in the North America Act as not including women, denying women any entitlement to be appointed to the Canadian Senate. As related here, women were finally acknowledged as ‘persons’ when the Privy Council pronounced this to be so, an unanticipated outcome from a judicial body considered by both Canada and Australia to be so hidebound as not to be ‘right’ as the final court of appeal for Britain’s former colonies.

Creating Your Own Personal Budget and Balancing Your Checkbook

Christine Angelo was going to be released from prison soon, after serving a combined three-year sentence for grand larceny and a probation violation. She was nervous and sometimes overwhelmed by all the things she knew she had to do when she went home, including dealing with her probation officer, finding a job, taking care of her two small children, and paying her court fines and restitution. Many of her wrong choices had revolved around money; there had never seemed to be enough to cover all her bills. She wanted to learn how to create a budget and manage her money better, and to have a plan in place before she was released. She sought out help from a woman in her building who had been a financial planner, and then took the prison's money management class. Excerpt UVA-F-1868 Jun. 28, 2019 Creating Your Own Personal Budget and Balancing Your Checkbook Christine Angelo was soon to be released from prison after serving a combined three-year sentence for grand larceny and a probation violation. She was very nervous about going home and trying to get her life together. She knew she would be on supervised probation for at least three years, so she had to buckle down and focus on doing the right things. Christine had two small children: Joseph, age 6, and Rachel, age 4, who were being raised by her parents. She wanted more than anything to live her life right, take care of her children, and raise them with the same Christian values and morals that her parents had taught her. Although she had strayed from their teachings, during her incarceration she had grown in her faith and come to realize how important it was to her. As she pondered how to be a good parent now for her kids, she knew that the best way for her to lead and teach them was by being a good example herself. During her time in prison, Christine had done a lot of self-reflection and tried hard to address her unhealthy behaviors and addictions. She knew that in the long term she would need the accountability of Narcotics Anonymous (NA) to remain clean and sober. When she thought about going home, she often became overwhelmed as she considered all that she would have to face, such as dealing with her probation officer, finding a job, taking care of her children, paying her court fines, and paying her restitution. . . .

A Few Considerations with Regard to the Case-Law of the ECHR in Connection to the Enforcement of Final Judgements in the Matter of Land Resources

The case-law of the ECHR, but also national jurisprudence, clearly states that each state must enforce a final and binding court decision in the matter of land ownership within a reasonable time in order for there to be an effective remedy and a just and equitable satisfaction, avoiding a sanction for the violation of Art. 6 of the Convention. In accordance with the case-law of the ECHR, the present study shows that the right to a court would be illusory if the legal order were to allow for a final court ruling to impair the litigant’s right to enforcement of the judgment. In accordance with the case-law of the ECHR, the enforcing of a judicial decision must be viewed as part of the lawsuit, and an unreasonably long delay in the enforcement of a binding judgment may breach the Convention. I have reached the conclusion that a person who has obtained a final and binding judgment against the State may not be expected to bring separate enforcement proceedings at the end of legal proceedings. In such instances, State authorities carry the burden to ensure compliance with a judgment against the State.