Judicial Research Articles

CHAIRMEN OF KOSTROMA DISTRICT COURT: THEIR ROLE AND PLACE IN THE JUDICIAL SYSTEM RUSSIAN EMPIRE (1871-1917)

Based on archival and historical materials, the article examines in detail the personalities of the chairmen of the Kostroma District Court for the period 1871–1917. Based on the study of the personnel of Kostroma District Court, the purpose of the study is to analyse the personalities of its chairmen as a special social group and their place in the system of judicial authorities of the Russian Empire. The main stages of their life path, formation and professional development as judicial figures are revealed. Topicality is due to insufficient research of the scientific biographies of the chairmen of the courts of post-reform Russia, as well as the expansion of the source base of research on their personalities. The author introduced new facts about the activities of the chairmen of Kostroma District Court into scientific circulation, which made it possible to recreate the portrait of judicial officials of the second half of the 19th – the early 20th century. Their estate origin, education, well-being, marital status, and official status are investigated. Their role and place in the activities of the judicial bodies of the Russian Empire are noted, including through effective public administration in the field of justice in the context of an increasing crisis of power. The conclusion is made about their personal contribution to the management of the judicial branch of government in Kostroma Province, their professionalism.

THE SIGNIFICANCE OF DECREES ADOPTED IN THE ESTABLISHMENT OF THE SOVIET COURT SYSTEM IN TURKESTAN

This article provides information about the reforms in the judicial system as a result of the socio-political processes that took place in Turkestan in the first quarter of the 20th century and the decrees adopted by the Soviets as a result of replacing the old judicial system with a new one and their historical significance.

UNDERCOVER AGENT: AN ANALYSIS OF THE STJ'S JURISPRUDENTIAL UNDERSTANDINGS BETWEEN 2009 AND 2024

Objective: This study aimed to understand the understandings present in the case law of the Superior Court of Justice on the practical application of the institute of infiltration of agents in Brazilian law. Methodology: To this end, the study was characterized as a descriptive research, with a quantitative and qualitative approach, which materialized a documentary research that allowed a jurimetric analysis and the content of 30 judgments handed down between the years 2009 and 2024, on the subject. Results: As results, in addition to jurimetric information that allowed a glimpse of temporal aspects of the decisions and the raising of brief hypotheses on the application of the law of criminal organizations and the performance of the panels and sections of the STJ, it was found that the court consolidated understandings around: a) the practical application of the institute of infiltration of agents; b) on the jurisdictional limits of the analysis on the validity of the evidence produced by the infiltration of agents; c) regarding the validity and possibilities of using the institute of infiltration of agents; and, d) on the use of the undercover agent institute in view of the possibility of producing other means of evidence. Conclusions: The study presented a relevant compendium of understandings that contributes to the understanding of the institute and its practical application by security agencies and the judicial system.

El malestar en el trabajo con gafas violeta: significados sobre el ausentismo laboral por motivos de salud mental en funcionarias del poder judicial chileno

In this article, we delve into the meanings of mental health leave among female judicial branch employees in Chile. Using a qualitative and critical approach, we explored the workers’ subjective experiences of discomfort in paid work and emphasize the importance of examining this phenomenon from a gender perspective. We argue that sick leave pertains not only to protecting physical health, but it is also a socially constructed instance of self-care and a refuge against power asymmetries and gender violence in workplace dynamics. Finally, we propose a critical approach to the conceptualization of biomedical and individual parameters of workplace wellbeing, thus fostering new narratives against depoliticization in a scenario of increasing psychiatrization of society.

Could the Decisions of Quasi-Judicial Institutions be Predicted by Machine Learning Techniques?

Abstract This study investigates the extent to which the conclusion of a decision can be predicted from other parts of the decision from quasi-judicial institutions using machine learning. Predicting conclusions in quasi-judicial bodies poses unique challenges and opportunities because the case pool is smaller and less diversified than that of judicial bodies. The European Committee of Social Rights (ECSR), one of the quasi-judicial organizations, was chosen as the research’s focus point to address this difficulty. All ECSR decisions on collective complaints are used as data and analysed using four distinct machine-learning methods. Despite the limited data from fewer rulings by quasi-judicial entities such as the ECSR, the analysis correctly predicts their conclusions with reasonable accuracy. It is suggested that applications for collective complaints can be made more effective, efficient, and successful by picking the model with the highest prediction accuracy using machine learning techniques.

Why Would a Government Establish a Strong Police Oversight Agency? A “Genetic and Diffusion” Perspective

ABSTRACT Why would a government introduce a strong external oversight mechanism over its own administration? Independent Police Oversight Agencies (POAs) have been established to better protect human rights. Using a novel data set of 27 POAs, we examine two dimensions of their strength: de jure and de facto independence. Their best predictors are the de jure independence of judges or prosecutors, the budget of the judicial system, and the push by the international environment. This lends support to a “genetic-and-diffusion” model for explaining the strength of POAs combining two logics (genetic/culture and diffusional/tactical) operating at two levels (national and international).

The Phenomenon of Model Legislative Acts of the Interparliamentary Assembly of the Commonwealth of Independent States in Decisions of Courts of the Russian Federation

This study is focused at studying decisions of courts of the Russian Federation, containing references to model legislative acts and other documents of the Interparliamentary Assembly of the Commonwealth of Independent States (hereinafter referred to as the IPA CIS).Aim. Determine the types of appeals by courts of the Russian Federation to the texts of the recommendatory acts of the IPA CIS, adopted for the purpose of forming and implementing coordinated legislative activity on issues of common interest to the member states of the organization.Tasks. Collect and study acts of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, as well as the system of federal courts of general jurisdiction and arbitration courts headed by it.Methods. The disclosure of the main trends in the courts’ resort to model laws and other documents of the CIS IPA occurred according to the following criteria: level and type of court that adopted the decision; the entity on whose initiative the appeal to the model act of the CIS IPA took place, as well as the consequences of the initiative on the part of the applicant or other participant in the process; the meaning (variant of manifestation) of the model document in the court ruling.Results. The study showed that courts at all levels of the judicial system of the Russian adopted decrees, rulings and decisions adopted in constitutional, civil, criminal and administrative proceedings, the content of which included references to model legal provisions. The initiative to use model legal norms came both from the court and from other participants in the process.Conclusion. The court decisions collected for the study presented different options for the use of model laws and other documents of the CIS IPA by courts, which provides grounds for redetermination of the nature of model legislative acts of the CIS IPA.

Enhancing investment attractiveness in wartime: a comprehensive analytical approach

The study focuses on analyzing the changes in investment attractiveness during wartime, when certain regions are occupied or destroyed, some enterprises are non-operational due to damaged production facilities, there is a significant outflow of labor force, and energy issues arise. The core issue of the study lies in the necessity of considering the complex political and economic situation’s impact on Ukraine’s investment climate. This requires developing more adaptive assessment methods that can account for both economic and socio-political risk factors. In such circumstances, reliable data is hard to obtain, which prompted the goal of substantiating the factors that characterize the country’s investment attractiveness. To provide a comprehensive assessment of investment attractiveness, an integrated indicator is proposed, which combines data reflecting investment attractiveness, including indices calculated by leading global organizations. The analysis includes such indices as the Innovation Development Index, the Corruption Perception Index, and the Judicial System Index. As a result, an average value of the changes was calculated, showing a comprehensive shift in the indicators related to investment attractiveness. The analysis using the integrated indicator demonstrated that investment attractiveness has decreased by 10 % during the war, but certain indicators, such as the Corruption Facilitation Index and the Judicial Index, have actually improved during the war. The results obtained can be used to develop risk management strategies for both international and local investors. They can also serve as a basis for creating recommendations for improving the investment climate, which in turn can attract capital and stimulate economic growth under challenging conditions

Case Law and the Principle of Freedom of Judicial Power in the Law Finding by Judges

Case Law and the Principle of Freedom of Judicial Power in the Law Finding by Judges

A IMPERATIVIDADE DA TEORIA DO DESESTÍMULO EM SERVIÇOS DEFEITUOSOS: UMA ANÁLISE DA JURISPRUDÊNCIA DAS TURMAS RECURSAIS DO JUIZADO ESPECIAL CÍVEL DO ESTADO DO AMAZONAS

The paper explores the concept of moral damage, highlighting its compensatory, punitive, and preventive functions, with a focus on the application of the deterrence theory in cases of defective services within the Brazilian legal context, particularly in the Special Civil and Criminal Courts of Amazonas. It analyzes the historical development of consumer rights and the role of Special Courts in promoting swift and accessible justice, emphasizing the importance of transparency, good faith, and equity principles in consumer relations. The research employs a doctrinal and jurisprudential approach to demonstrate the effectiveness of deterrence theory as a tool to curb harmful practices and alleviate the judicial system, fostering a fairer and more responsible business environment. The study concludes that the strict application of punitive damages significantly contributes to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.

Procedural Efficiency and Regional Development: The Impact of the Restructuring of Tax Execution in the Court of Justice of the State of Goiás

Objective: The objective of this study is to investigate the impact of the restructuring of tax enforcement in the Court of Justice of the State of Goiás (TJGO), with the aim of analyzing how the implementation of the Efficient Tax Enforcement Project contributes to reducing procedural congestion and promoting regional development between 2017 and 2022. Theoretical Framework: The Theory of Procedural Efficiency stands out, which addresses the importance of speed and effectiveness in the provision of jurisdiction, Dejudicialization, related to the resolution of conflicts outside the judicial scope to improve process management, and Sustainable Regional Development, which analyzes the impact of judicial practices on socioeconomic development. Method: The methodology adopted for this research comprises a qualitative approach, based on the documentary analysis of reports and regulations of the Court of Justice of the State of Goiás (TJGO) and the National Council of Justice (CNJ). The study focuses on the restructuring of the 1st Tax Enforcement Court of Goiânia and its impacts. Data collection was carried out through the analysis of official documents, such as resolutions, management reports and procedural statistics, complemented by a literature review related to dejudicialization and procedural efficiency. Results and Discussion: The results obtained revealed a significant reduction in the processing time of tax enforcement proceedings in the 1st Court of Goiânia, contributing to dejudicialization and improved procedural efficiency. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the relationships between procedural efficiency and regional development. Discrepancies in the data and limitations, such as the dependence on official reports, are also proven. Research Implications: The efficiency of the judicial system directly influences Sustainable Regional Development. In this sense, it is essential to understand how the restriction of tax enforcement in the TJGO can serve as a model, balancing procedural agility and regional strengthening, expanding access to justice and promoting an environment conducive to development. Originality/Value: This study offers a unique analysis of the impact of restructuring tax enforcement on regional development, highlighting practices of the Court of Justice of the State of Goiás (TJGO) that increase procedural efficiency and access to justice as a reference for other jurisdictions.

Los terceros interesados ante la Corte Interamericana de Derechos Humanos: una inclusión necesariaInterested third-parties before the Inter-American Court of Human Rights: a necessary inclusion

Abstract Unlike the European and African systems, the Inter-American human rights system entirely excludes the participation of interested third parties in proceedings before its judicial body, the Inter-American Court of Human Rights. This article argues that the reasons typically given to justify this exclusion are insufficient —at least on their own— to fully justify the exclusion of third-party interventions. Furthermore, the article contends that this exclusion poses challenges to both due process and the institutional capacities of the Court, particularly in a context where the Court is tasked with addressing highly polycentric problems. The article suggests re-evaluating the exclusion of interested third parties, which should lead to a reform of the Court’s Rules of Procedure. Finally, it explains that this proposal is consistent with certain trends developed by the Court in recent years.

Intermediate Appellate Courts and the Doctrine of Precedent: Lendlease Corporation Ltd v Pallas

The High Court of Australia appeal in Lendlease Corporation Ltd v Pallas raises a novel question of precedent: what approach should an intermediate appellate court (‘IAC’) take when faced with competing IAC authorities? The cases reveal that different approaches have been adopted: deferring to the home jurisdiction, favouring the most recent decision, and approaching the issue afresh. The principled answer to this question must be informed by the modern concept of a single Australian common law and the corollary rule that an IAC should not depart from a decision of another IAC on an issue of national operation unless convinced that the earlier decision is ‘plainly wrong’. It is argued that if Court B has found a decision of Court A to be plainly wrong, should the issue come before Court A again for determination, it is not open for Court A to defer to its previous decision or consider the matter afresh. In an integrated judicial system of equals working together to achieve a common goal, consistency demands that Court A give heightened deference to the decision of Court B.

Prisión Preventiva en Chile: Presión de la Gestión del Tiempo y Estandarización

The use of pre-trial detention in Chile is widely debated. Chilean legal scholars, for the most part, have advocated a restrictive interpretation. Despite this, empirical research studies on the use of pre-trial detention in Chile has revealed an increase in its use during the last decade and the development of standardized working strategies in judicial decision-making in this institution. To date, we lack in-depth analysis of the practice of this standardization and its specific relationship to pre-trial detention decisions. Based on non-participant observation of hearings and interviews with judges, prosecutors and defense attorneys in courts in the Araucanía and Bio-Bio regions, this article presents an empirical analysis of the application of pre-trial detention in Chile. In particular, how does the standardization of judicial practices influence the way decisions on pre-trial detention are made in Chile? The research study focused on the bureaucratic management of time from a socio-legal perspective. It finds that, in the face of time pressures, courts have adopted specific strategies to organize hearings, generating different types of hearings, each with its own speed and logic of standardization. The article emphasizes the need for a detailed and empirical exploration of the processes of bureaucratization within the judicial system and the tangible impacts these processes have on the fairness of access to justice.

The Impact of Political Interference on the Judiciary: India Vs. Pakistan

This paper investigates the significant effects of political interference on the judiciary in India and Pakistan, two countries with a common colonial history but differing paths since gaining independence. The judiciary serves as a fundamental pillar of democratic governance, designed to function independently while protecting the rule of law and upholding constitutional rights. Nevertheless, in both nations, political influences have notably affected judicial operations, compromised judicial independence and eroding public confidence. Through a comparative examination, this study highlights important historical moments, landmark rulings, and constitutional frameworks that demonstrate the degree and nature of political interference within both judicial systems. In India, such interference has emerged through executive control over judicial appointments and crises, notably during the Emergency period from 1975 to 1977. In contrast, Pakistan's judiciary has experienced direct meddling from military governments and political authorities, frequently rationalized by the contentious Doctrine of Necessity. Additionally, the paper investigates how the judiciary has responded to these interferences, including instances of judicial activism and civil society initiatives that promote judicial independence, such as the Lawyers' Movement in Pakistan. Ultimately, this research emphasizes the urgent need for strong protections to ensure judicial independence, bolster public trust in the judiciary, and maintain democratic principles in both countries. By highlighting the comparative experiences of India and Pakistan, this study aims to enrich the broader discussion on judicial independence in South Asia.

AS DIFICULDADES DA EFETIVA IMPLANTAÇÃO DO JUIZ DE GARANTIAS NO JUDICIÁRIO BRASILEIRO

The Law 13.964, of December 24, 2019, known as the Anti-Crime Package, introduced into the current Brazilian Code of Criminal Procedure the institution called the judge of guarantees, aiming to provide greater impartiality in judgment throughout all phases of criminal prosecution, as there will be one judge for the inquisitorial phase (police/investigation) and another judge for the procedural phase, thus improving the accusatory system in the legal framework. This institution gained special prominence after the judgment by the Supreme Federal Court (STF) of the four Direct Actions of Unconstitutionality (ADIs 6298, 6299, 6300, and 6305). From these rulings, it was defined what is constitutional and what is unconstitutional in Law No. 13.964/2019, as well as being considered a mandatory rule establishing a deadline for the implementation and operation of the judge of guarantees throughout the country. The issue to be analyzed will be whether the Brazilian legal system is prepared for the implementation of the judge of guarantees? The general objective will be to understand the structural, budgetary, and staffing difficulties, as well as the legislative competence dialectic regarding the implementation of the judge of guarantees in the Brazilian judicial system, for its effective implementation within the deadline established by the Supreme Federal Court. The specific objectives are to assess the obstacles and difficulties in the physical structures of courts and judicial divisions, point out budgetary difficulties, and the challenges related to the number of court and division staff. The methodology will follow the deductive method, using bibliographic research, with an exploratory objective, qualitative approach, basic nature, and systematic literature review, encompassing academic articles, books, and legal documents.

Yakovlev’s law

The article is devoted to the Soviet and Russian statesman, legal scholar, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the RSFSR Veniamin Fedorovich Yakovlev. The paper presents the main stages of life and work of the statesman and scientist, as well as reveals his contribution to the development of Civil and Constitutional Law, the construction of a system of arbitration courts in the Russian Federation. The main attention is paid to scientific activities on the development of the law on cooperation, the preparation of a regulatory framework for the democratization and reform of the economy of the Soviet Union, as well as the development of a fundamentally new system of arbitration courts of the Russian Federation for our country. The contribution of V. F. Yakovlev to the preparation of the draft of the Constitution of Russia and the Civil Code of the Russian Federation is revealed.

Mediation as a Prominent Dispute Resolution Mechanism

Getting justice from the Indian courts these days is highly costly and time-consuming. There are too many cases in the Indian courts. "Around five major cases are still pending in Indian courts at various levels as of December 31st, 2022" (NDTV, 20232). William Edward Gladstone famously said, "Justice delayed is justice denied." This suggests that justice will not be considered genuine justice if it is not provided on time or if it is offered later. Time is therefore extremely valuable in the judicial delivery system. As a kind of Alternative Dispute Resolution (ADR), mediation has emerged as a key tool for settling conflicts amicably (Nasir, 2020). Through mediation, the parties can reevaluate their rights and shared interests and develop new conflict resolution strategies. In general, the court process is formal, but mediation is more efficient, simpler, more useful, quicker, and less expensive. As a result, among arbitration, conciliation, and negotiation, mediation has emerged as the most often used technique in alternative resolution systems

Azərbaycan Respublikasinda arbitraj mübahisələrin həllinin alternativ üsulu kimi

The article analyses in detail the recently adopted Law on Arbitration in the Republic of Azerbaijan, which was intended to replace the Law on International Arbitration. The Law sets out the categories of disputes subject to arbitration, the criteria for the selection of local arbitrators and the rules for the recognition and enforcement of arbitral awards. Particular attention is paid to the development of a system of domestic arbitration as a means of reducing the judicial burden, as well as harmonising the country's arbitration practices with international standards. The article also extends the discussion by raising questions about the history of arbitration, beginning with its origins as a method of resolving conflicts without involving the judicial system. The evolution of arbitration is examined in detail, emphasising its ancient roots and its gradual development in many cultures and legal systems. Special emphasis is placed on the term "arbitration courts" in the Republic of Azerbaijan, exploring the specifics and peculiarities of the local context of arbitration. In addition, the article touches upon the important comparison between arbitration and mediation in our state, highlighting the differences and similarities between these two methods of alternative dispute resolution. Both methods stand out as key tools in legal practice, helping to resolve conflicts and strengthen business relationships. Keywords: law on arbitration, alternative dispute resolution, arbitration, arbitration agreement, arbitral tribunal, international arbitration, arbitration organizations, arbitration award, mediation

ARTIFICIAL INTELLIGENCE AS AN INNOVATIVE TOOL OF CORRUPTION PREVENTION IN JUDICIARY: THE ADVANTAGES

There has been made an attempt in the article to assess the possibility and expediency of application of information and communication technologies and their highest manifestation – artificial intelligence – as an anti-corruption tool in the judiciary. The essence and modern forms of the artificial intelligence phenomenon and its connection with information and communication technologies have been analyzed. There has been researched national and foreign legal regulation on the application of artificial intelligence both in the field of public administration in general and in the field of the judiciary and administration of justice in particular. The cases of the most «significant» corruption events in the judiciary have been presented and an attempt to find out the reasons of the failure of traditional tools to prevent corruption has been made. There has been called into question the ability of the state to overcome such a negative socio-power phenomenon as corruption without the implementation of radical steps which have long been overdue and became even more actualized during the armed conflict. Some positive examples of the information and communication technologies use in the judiciary have been demonstrated. Separate advantages of using artificial intelligence as a new tool for preventing corruption in the administration of justice have been briefly systematized. There has been emphasized that artificial intelligence due to its impartiality is fully capable to ensure the realization of the right to a fair trial, preserving time, financial and human resources, and reducing the level of corruption. At the same time, there has been underlined that without studying the risks and threats of using computer programs at this level of their development, relying only on them as a panacea for the destruction of corruption practices is imprudent and premature. Finally, an impulse for further research of artificial intelligence and its features as a tool of corruption prevention in the judicial system has been given.