The institution of appeal within the Russian civil procedure is relatively young and has been undergoing various changes to date in the course of various reforms, taking into account its specific features in relation to civil, arbitration or administrative proceedings. In this regard, the theoretical foundations for constructing appellate models in comparative legal and historical aspects represent an important area for research. In a historical context it is interesting to look at the transformation of the German appellate model from its inception within the Civil Procedure Code to the present day. A study of the reasons for this metamorphosis and the historical and legal prerequisites for justifying the phenomenon can be useful in attempting to identify a number of general patterns, on the basis of which the process of appellate modeling of any system becomes clearer. The study was based on the hypothesis that appellate modeling cannot be an autonomous process and should not occur in isolation from the specifics of the formation and functioning of proceedings in the court of first instance. In the work the goal was to trace the process of formation and transformation of the appellate model of Germany in historical, hermeneutic and legal cultural aspects in comparison with similar models of France and Austria, as well as taking into account the analysis of legislative materials prepared during the development of the relevant procedural regulations (codes). It is concluded the process of changing the appellate model cannot be carried out in isolation from the mirror process of changing the judicial model of the first instance: an incomplete appeal is impossible in the conditions of an underdeveloped institution of judicial management of the case. The process of legislative transformation of the appellate model is inversely proportional to the transformation of the judicial model of case consideration in the court of first instance. The findings may be applied to the analysis of the Russian appellate model to explore potential avenues for its adjustment.

Appeal remedies constitute an important component of the criminal justice system aimed at ensuring justice, legal certainty, and the protection of the rights of the accused. This article seeks to analyze and compare the operation of appeal mechanisms within the criminal justice systems of Indonesia and Thailand. The research adopts a normative legal approach by examining the Indonesian Indonesian Criminal Procedure Code (KUHAP) and the Criminal Procedure Code of Thailand (CPC), particularly Sections 193 to Section 202. The findings indicate that in Indonesia, the High Court is vested with broader authority to re-examine both the application of law and the facts of a case as a means of correcting decisions rendered by courts of first instance. In contrast, Thailand applies a more selective appeal mechanism, especially in minor criminal cases, while still providing exceptions for matters of significant legal importance. This comparison demonstrates that, despite differing approaches, both countries regard appeals as a crucial instrument for achieving justice and safeguarding the rights of the accused.

It is indicated that the right to a fair trial is a conventional and procedural right of a person accused of committing a criminal offense. An element of this right is the right to have the case heard by an independent and impartial (impartial) court established by law (Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 21 of the Criminal Procedure Code of Ukraine). This article is devoted to the study of the peculiarities of the implementation and enforcement of the right to a fair trial in special criminal proceedings. The focus is on the right to have a case heard by an independent and impartial court, as established by law in criminal proceedings based on agreements and in criminal proceedings in absentia. The article provides a detailed analysis of the practice of the Cassation Criminal Court on these issues and presents doctrinal arguments regarding the existing legal positions. It is concluded that in criminal proceedings based on agreements in situations where one of the defendants has entered into a plea agreement approved by the court, and the other defendant or defendants are being tried in the ordinary manner, an impartial observer may have doubts about the impartiality of the court if the entire court or some of the judges are participating in both proceedings. The presence/absence of doubt will depend on the connection between the actions of the defendants, the specifics of the criminal offense and the factual circumstances, as well as the nature of the description of the factual circumstances and the involvement of the uncondemned person in the judgment based on the agreement. Accordingly, in the event of a challenge or such arguments in appeals and cassation complaints, all these circumstances must be assessed in the light of the legal positions of the ECHR in the cases of Mucha v. Slovakia and Meng v. Germany. It is argued that in proceedings in absentia, the defense counsel, in accordance with Part 4 of Article 46 of the CPC of Ukraine, may exercise the procedural right of the accused, whom he or she is defending, to initiate a collegial review of the criminal proceedings in the court of first instance in accordance with Part 2 of Article 31 of the CPC of Ukraine, if the criminal proceedings are conducted in the absence of the accused (in absentia). Depriving him of this opportunity makes the defendant’s right to a collegial court in proceedings in absentia illusory and threatens the effectiveness of the defense.

The inclusion of a judgment subject to expedited enforcement is an exception to the general rule of enforcement. It is a mechanism aimed at expediting justice, especially when delaying enforcement causes harm. Expedited enforcement is a license granted by the legislator to the judgment creditor to protect their interests. However, in order to balance the rights of the judgment creditor and the judgment debtor, certain safeguards have been established to limit the judgment creditor's power. A judgment subject to expedited enforcement may be subject to annulment, whether by the Court of Appeal or the Court of First Instance. This results in the cancellation of the enforcement procedures undertaken and the obligation to restore the situation to its previous state after the annulment of the writ of execution upon which the enforcement procedures were based. The judgment creditor, who fails to prove their claim, may ultimately be unable or unwilling to restore the situation to its state before enforcement began. Therefore, it is essential to consider the judgment creditor's interests. He must do so in order to avoid being harmed, especially since expedited enforcement is based on balancing the interests of the parties to the lawsuit.

The Autism Spectrum Disorder (ASD) is a neurodevelopmental condition that affects communication, behavior, and social interaction, and its increasing incidence has sparked significant discussions in social, political, and legal domains. The National Supplementary Health Agency (ANS) regulates mandatory treatment coverage, but several essential procedures for ASD are not included in its list. This study aims to analyze first-instance court decisions issued in the Cariri Cearense Districts (Crato and Juazeiro do Norte) between 2019 and 2024 through a quantitative approach and the use of jurimetric methodology. The research seeks to identify the main reasons for the acceptance or denial of treatment requests for ASD, investigating how the inclusion or exclusion of treatments in the ANS's mandatory coverage list impacts judicial decisions. Additionally, the study intends to examine which therapies and treatments generate the highest volume of litigation, as well as the success or failure rates for each type of demand. The research aims to provide data that can support improved litigation management, adaptation of demands, and the reduction of legal cases, promoting more effective and peaceful solutions to conflicts related to access to ASD treatment.

In the governance of modern states, the state civil apparatus (Aparatur Sipil Negara, ASN), including civil servants (Pegawai Negeri Sipil, PNS), occupies a strategic position as the frontline in implementing public policies and delivering public services, making legal certainty and protection of PNS rights crucial for administrative justice and bureaucratic stability. This study aimed to examine the exercise of jurisdiction by the Medan High Administrative Court (Pengadilan Tinggi Tata Usaha Negara, PTTUN Medan) in resolving PNS dismissal disputes in Riau Province under Supreme Court Regulation No. 2 of 2023 (Peraturan Mahkamah Agung Nomor 2 Tahun 2023), and to analyze its implications for PNS access to justice. This is a sociological legal study with an empirical approach that investigates how the regulation of jurisdiction is operationalized in practice, taking into account geographical, administrative, and institutional contexts. The findings show that the geographical distance between Riau Province and Medan City functions as a determining variable affecting PNS access to justice, as it increases the time, cost, and procedural complexity associated with filing claims before PTTUN Medan. At the same time, Supreme Court Regulation No. 2 of 2023 comprehensively reaffirms the status of PTTUN as the competent court of first instance to examine, decide, and resolve PNS dismissal disputes and employment termination of government employees with work agreements (PPPK) after the completion of administrative remedies before the Badan Pertimbangan ASN (BPASN). In conclusion, the strengthening of PTTUN Medan’s jurisdiction through this regulation provides legal certainty for the resolution of PNS dismissal disputes, while simultaneously highlighting access-to-justice challenges for PNS in Riau that must be addressed through policy design and administrative court governance that place greater emphasis on ease of access for justice seekers in the regions.

Legal measures of a cassational appeal against decisions of the court of first instance and decisions of the court of appeal in administrative proceedings

This study examines the judicial challenges in resolving electronic licensing disputes arising from Decision No. 30/G/2023/PTUN.BL and Appellate Decision No. 6/B/2024/PT.TUN.PLG, where two business licenses were issued for the same object through the OSS RBA system by the DPMPTSP of Pesawaran Regency. Using a normative juridical method supplemented with empirical data from judicial interviews, the study reveals contrasting judicial approaches. The first-instance court emphasized social harmony and familial relationships, adopting a utilitarian perspective and suggesting non-adversarial settlement rather than determining the legal validity of the licenses. In contrast, the appellate court adhered to a positivist approach, focusing on procedural rigor and identifying the dual licensing as the result of an administrative validation error, as the second permit was issued without revoking the first. The study highlights that the digitalization of licensing does not automatically ensure legal certainty; rather, it introduces new challenges in judicial reasoning, evidentiary evaluation, and institutional accountability. The findings underscore the necessity of strengthening technical regulations, enhancing the administrative competence of licensing authorities, and improving administrative remedies to ensure effective judicial review within Indonesia’s digital governance framework.

The article is devoted to a comprehensive analysis of the criminal procedural aspects of using digital (electronic) evidence and electronic information carriers in criminal proceedings, a highly relevant topic given the rapid development of digital technologies and their penetration into all spheres of society. The modern criminal offense almost invariably leaves its digital trace in the form of mobile device data, information from cloud storage, IP addresses during internet communications, or activity on social networks, all unified under the concept of digital evidence (electronic information) which holds crucial significance in the evidentiary process. The research examines the insufficient adaptation of the current norms of the Criminal Procedural Code (CPC) of Ukraine, which creates systematic obstacles to ensuring the legality, reliability, and admissibility of the electronic information obtained. The author conducts a theoretical analysis of the legal nature of digital (electronic) evidence and establishes its hybrid procedural nature, which combines the features of both a document and material evidence, complicating uniform application of the law. To overcome this legal conflict, original, scientifically grounded definitions are proposed for potential inclusion in the CPC of Ukraine. Specifically, it is proposed to formulate the concept of “digital (electronic) evidence” in Article 99 of the CPC as: “factual data about circumstances subject to proof in criminal proceedings, created, transmitted, stored, or extracted in a form suitable for perception and processing by a computer system, regardless of their physical location, provided that the procedure for their integrity and authenticity is adhered to”. The physical location of such digital (electronic) evidence may include electronic carriers, computer networks, cloud storage, or information and telecommunication systems. Furthermore, to avoid confusion, it is proposed to define the concept of “electronic information carrier” as: “a material object (device, hardware, or software-hardware complex) intended for the creation, collection, storage, processing, reproduction, or transmission of digital (electronic) evidence, which may be seized as material evidence in criminal proceedings”. Particular attention is devoted to practical challenges arising during the stages of collection, recording, and storage of digital evidence during searches and temporary access, especially concerning data extracted from mobile devices, social networks, and cloud storage, where information is most vulnerable. It is substantiated that, to ensure the admissibility of digital evidence, a legislative requirement for the mandatory application of cryptographic protection methods at the stage of their recording is necessary. This will ensure their authenticity and must be reflected in the protocols of investigative actions and the rulings of the investigating judge. Emphasis is placed on the critical importance of maintaining the chain of custody, as digital evidence requires ensuring the integrity (inviolability) of the information itself, and not merely the physical carrier. A legislative requirement is proposed for the creation of secure digital repositories or specialized electronic storage facilities within pre-trial investigation bodies for the proper storage of large volumes of data obtained under investigating judges’ rulings. The importance of maintaining the authenticity of digital (electronic) evidence to ensure its relevance and admissibility when appended to the criminal case materials and during subsequent consideration in the court of first instance is underscored. The conclusion emphasizes that adapting procedural norms to digital realities is a critically necessary condition for creating a unified conceptual apparatus and procedural standards that will ensure the legality, fairness, and effectiveness of modern criminal proceedings.

Domestic violence is a serious crime, and a person which repeatedly resorts to violence does not do so accidentally, but with the specific aim of achieving their goal – total control and power over their partner. Combating and prevention of domestic violence is a labour-intensive and rather complex area, also for the judicial authorities: victims, in an attempt to cover up what has happened to them, often withdraw their accusations or do not dare to involve the judicial authorities and seek their help. There can be a number of reasons why victims of domestic violence may decide to do this, and studies have shown that this is the case: from fear of the perpetrator to the perception that their complaint will not be taken seriously by the judicial authorities, because it is very difficult to gather any credible evidence of what happened (and is happening) within the walls of the home. At the same time, however, the number of complaints of domestic violence has increased compared to a few years ago, and victims have a legitimate hope of escaping from a prolonged and torturous cycle of violence. However, even in domestic violence cases, the courts of first instance mostly apply an agreement that releases the perpetrator from the real prison sentence and he or she usually returns home, where he or she is fearfully awaited by close relatives who have suffered violence. In addition, the judicial function is moving from the courts to the prosecution. The study of the diffe

This article examines the principles and stages of civil procedural proceedings in Indonesia as an effort to realize a judicial system that is simple, fast, and low-cost. The study is motivated by the high number of civil cases resolved through litigation, which has led to case backlogs and reduced judicial efficiency. Using a normative juridical approach, this research analyzes statutory regulations, legal doctrines, and civil court practices. The discussion focuses on the stages of civil proceedings at the court of first instance, beginning with the initial hearing that includes the reading of the statement of claim and the mandatory mediation process, followed by the stages of pleadings, evidence, conclusions, and judgment. The article also elaborates on the possible outcomes of the first hearing, such as default judgments (verstek), dismissal of claims, settlement judgments, and the continuation of proceedings when mediation fails. Furthermore, this study discusses the fundamental principles of civil procedure, including the principle of open court hearings, the principle of audi et alteram partem, judicial impartiality, as well as the principles of justice, equality, and legal certainty. The study concludes that the consistent application of procedural principles and stages, accompanied by the optimization of mediation, is essential to enhance the effectiveness of civil dispute resolution and to strengthen public trust in the judiciary.

This paper examines Portuguese insolvency and pre-insolvency judicial proceedings through the lens of legal consciousness, drawing on qualitative analysis of 338 first-instance court decisions from 2007-2020. Through systematic coding and critical discourse analysis, we identify a paradoxical phenomenon we term "borrowed authority" - judicial decisions that voice the law's authority while simultaneously lacking authentic judicial voicing. This pattern manifests through mechanized jurisprudence, epistemic limitations, and moral evaluations that collectively contribute to the institutional marginalization of insolvency law. Our findings reveal how courts' discursive practices both reflect and reinforce broader patterns of institutional disengagement and social meaning-making around debt. The study advances theoretical understanding of how legal consciousness operates in insolvency contexts while offering practical insights into how procedural inertia and epistemic vulnerabilities systematically undermine the achievement of insolvency law's stated goals of economic rehabilitation and debtor relief.

The subject of the study is the problem of contrasting the formal opportunity for a judge to express a dissenting opinion ("right") with the moral necessity to do so ("duty"). Special attention is paid to the existential drama of a judge in a situation of conflict between the opinion of the majority and the dictates of his own conscience when choosing between them. The author aims to analyze the ethical category "conscience", designed to encourage a judge evaluating evidence and making a decision to take into account legal requirements and moral precepts, as a system of ethical and legal presumptions, as a criterion of social justice, as a regulator of public legal awareness. An integrated approach will make it possible to fill the abstract category "conscience" with concrete legal content, turning it from a moral abstraction into a working tool for legal regulation and a guarantee of fairness in proceedings to consider and resolve a criminal case on its merits in a court of first instance. Dialectical, formal-logical, comparative-legal methods, structural-functional analysis and axiological approach are used. The methods of interpretation and theoretical and legal modeling are used. The necessity of institutionalization of the legal categories "conscience" and "inner conviction" in judicial activity is substantiated, and the corresponding rule of law is formulated. The operationalization of the concept of "conscience" in law enforcement practice through an iterative algorithm for evaluating evidence will make it possible to perceive "conscience" as a legal category representing a moral and ethical guideline that guides a judge to make a fair decision entitled to a dissenting opinion. The norm of the criminal procedure law regulating the concepts of inner conviction and conscience should become a practice-oriented proposal.:"Article 17.1 Inner conviction and conscience1. The internal conviction of the court is formed on the basis of an impartial, complete and comprehensive examination of the evidence in its entirety.2. Conscience as a legal category is a moral and ethical guideline that guides a judge to make a fair decision.3. The court is obliged to reflect in the descriptive and motivational part of the verdict the motives of the formed inner conviction, indicating the evidence that influenced its formation and the scientific methods of cognition used."

For the confirmation of a concordat project, an application must be submitted to the commercial court of first instance. The court enjoys discretionary power in assessing the adequacy of the project. If the project is found insufficient, this discretion empowers the court to intervene. Pursuant to Article 305/2 of the Enforcement and Bankruptcy Law, the court may, either ex officio or upon request, require the necessary amendments to be made and must also determine the scope of such amendments. Since the proceedings concerning the confirmation of a concordat are governed by the principle of ex officio investigation, the court is obliged to grant the debtor a definite and reasonable period of time to make the required corrections. If the revised project is resubmitted within this period and the court finds the amendments satisfactory, the request for confirmation should be granted. Otherwise, the request must be rejected without granting any further extensions.

This article considers how courts supervise negotiated agreements in criminal proceedings, looking at five different jurisdictions: the United States, England and Wales, France, Germany, and Poland. Although every system makes use of such agreements, they have developed in very different ways and the role assigned to the trial judge is far from uniform. What appears as a common minimum is the duty to check that the plea is voluntary and lawful, yet the depth of this review varies greatly. In some countries the judge’s role is reduced almost to a formality, while in others it is linked directly to the search for truth and the proportionality of the sentence. The paper also points to the relationship between the first-instance court’s control and the scope of appellate review, as well as to the risks that follow when judicial oversight gives way to prosecutorial dominance. The overall conclusion is that the more frequently consensual mechanisms are used, the more important it becomes to keep the court in its role as a genuine safeguard of fairness rather than a mere approver of bargains.

The scientific article highlights issues related to the support of prosecutors of a public claim in the court of first instance in criminal proceedings on the facts of possession of property committed by abuse of official position. The legal nature of such an act is outlined as a complex crime in terms of structure with many legal elements: from the object and subject of the encroachment to the method of commission and form of guilt. Particular attention is focused on the fact that proving the existence of the elements of a crime is impossible without the effective use of appropriate, admissible and reliable evidence obtained in accordance with the procedure established by law. The focus of the study is the role of the prosecutor in the court of first instance, which must not only present the court with the evidence collected to prove the guilt of the person, but also actively substantiate its procedural significance. The main sources of evidence in such criminal proceedings are described in detail, as well as their complementary nature. It is substantiated that it is a comprehensive approach to the use of these sources that allows for effective proof of the elements of a crime. The following features of the pre-trial investigation of such economic crimes are highlighted, within the framework of which the prosecutor must interact with the investigator in a certain part of the relevant examinations, conducting document reviews, searches, interrogations, and collecting evidence. The importance of involving specialists in the fields of economics, finance, and IT during investigative actions is emphasized. At the same time, it is emphasized that officials, as subjects of this crime, often use various mechanisms to conceal the facts of unlawful possession of property. The example of judicial practice shows that the effectiveness of maintaining claims in court largely depends on the ability of the prosecutor to correctly explain the case materials, cite the fact of actual possession of property, substantiate the presence of direct intent and a useful motive, and also adequately respond to the line of defense. A number of practical recommendations for prosecutors are proposed to ensure the formation of a high-quality system of evidence. It is summarized that the successful maintenance of public prosecution in cases of misappropriation of property, through detention by official position, requires from the prosecutor not only deep knowledge of criminal substantive and procedural legislation, but also a high level of analytical thinking, the ability to work with a large amount of heterogeneous evidence and combine it into a coherent and convincing system of evidence.

The article raises the problems of insufficient regulation at the legislative level of issues of preparation of civil cases for trial in the court of appeal, the possibility of eliminating at the preparation stage the errors made by the court of first instance in terms of the type of legal proceedings, as well as in terms of the incomplete composition of the participants in the dispute (the prosecutor), replenishment of the composition of the participants due to the appearance of a new representative of the legal entity – the bankruptcy trustee. A proposal has been made to determine the range of issues that an appellate court may consider as part of its preparation, in relation to the range of issues that a court of first instance considers as part of its preparation, but taking into account the specifics of the appellate court – the next judicial instance in relation to the court of first instance. The possibility of transition at the preparation stage to consideration of the appeal in accordance with the rules of administrative proceedings is studied, based on the subject and grounds of the stated claim, the circle of persons participating in the case, the public nature of the disputed legal relations. The legality of involving a bankruptcy trustee and a prosecutor in the case at the preparation stage without proceeding to consideration of the case in accordance with the rules of proceedings in the court of first instance is substantiated.

BackgroundFor approximately three years, the Hellenic Mediterranean University’s Perpetrators Therapy Program, delivered by the LaHeRS Lab under an official agreement with the Court of First Instance in Heraklion Greece, has operated as part of penal mediation, a restorative justice practice applied in domestic violence cases. The program combines individual, couples’ and group counselling and psychoeducational sessions and aims to reduce reoffending by promoting accountability, empathy, and non-violent conflict resolution. This study evaluates its impact and explores whether psychopathological symptoms have an impact on behavioral change.MethodsThe current study reports on a sample that completed the therapeutic sessions during a 12-month period in 2022-2023 and comprised 51 court-referred offenders (49 men, 2 women; aged 22–74), mainly Greek nationals (90%), living predominantly in Heraklion municipality (63%). Most were married or divorced, with varied education (27% primary, 35% middle, 24% high school, 12% higher) and employment status (27% unemployed). Two instruments were used at program entry and 6–12 months later: a custom questionnaire on domestic violence attitudes/behaviors, and the SCL-90-R assessing nine psychopathological dimensions.ResultsAnalyses showed overall improvement in offenders’ attitudes and behaviors post-intervention. Marginal associations between certain symptoms (e.g., paranoid ideation, psychoticism) and progress were observed, but none reached predictive significance. This suggests behavioral change occurred largely independently of baseline psychopathology.ConclusionsIntegrating perpetrators’ therapy into penal mediation offers a promising restorative justice pathway, yielding measurable attitude and behavior shifts across diverse offender profiles.Key messages• Penal mediation with therapeutic intervention can foster change in domestic violence offenders regardless of initial psychopathological status.• Program design should emphasize behavioral skill-building for long-term impact.TopicDomestic violence, mental health, penal mediation

BackgroundFor nearly two years, LaHeRS Laboratory of the Social Work Department, Hellenic Mediterranean University, has operated a Parental Counselling Program in collaboration with the Court of First Instance and the Juvenile Prosecutor’s Office of Heraklion. This program is delivered as part of prosecutorial orders within criminal proceedings, the program offers free, targeted early intervention for families facing elevated risks such as domestic violence, child neglect, mental health problems, substance misuse, and antisocial behaviour.MethodsA total of seventeen families were referred to the counseling service. The parents were aged 25–45 years on average and had approximately three children. In nine cases, both parents were referred. The majority of families were divorced or separated. Fifteen participants resided in urban areas, and half had completed secondary education. Participation is initiated through professional referral followed by a prosecutor’s order. The counselling process uses a holistic, multidisciplinary approach integrating cognitive behavioural techniques, psychoeducation, positive parenting training, and communication skill-building. Ten structured sessions address family dynamics, developmental needs of children, emotional expression and regulation, boundary setting, and constructive problem-solving. Families are connected with relevant community services as needed.ResultsPreliminary evaluation via semi-structured interviews with who entered the program in a 6-month period between 2023-2024, indicate enhancements in intra-family communication, emotional bonding, and problem-solving competencies, alongside reductions in interpersonal conflict and improvements in parenting practices. These outcomes were consistently reflected in self-reports from participating families and in observations from collaborating professionals.ConclusionsEmbedding structured parental counselling within the criminal justice process offers a valuable, preventive, and restorative pathway for supporting at-risk families and enhancing resilience.Key messages• Providing parental counselling in the early stages, before families become involved with the justice system, can enhance family functioning and build resilience in high-risk situations.• Holistic, interdisciplinary approaches within justice settings support prevention and child protection goals.TopicFamilies at risk, prosecutorial order, parental counseling

In this study, I describe my own discovery of Čapek’s source of inspiration for the novel Hordubal in a series of court reports from Lidové noviny in April 1932. The reports from April 21 to April 25, 1932, provide information on the first-instance court proceedings in the case of the murder of Jiří Hardubej. The court reports that have been discovered serve as a crucial aid in our understanding of Čapek’s character as a writer, primarily because they significantly tally both as thematic, and to some extent, narrative elements. A court report with the same title, albeit of a later date (October 14, 1932, authored by Bedřich Golombek), was hitherto considered to be Čapek’s inspiration. Not only was it significantly shorter than the newly discovered April court reports, but above all it represented a thematically and emotionally inverted world to that of Čapek’s Hordubal. However, this is not the case with the April court reports. Hence in the subsequent thematic and narrative analysis, I confront Čapek’s creative gesture with its source of inspiration, particularly because it exhibits surprisingly many similarities.