Jurisdiction Of Court Research Articles

Electronic Injunctive Proceedings - the Future of the Polish Criminal Procedure

The article is intended to analyse the possibility of implementing electronic injunctive proceedings into the Polish criminal procedure. The rationale for that action, the positive aspects and the barriers to the implementation of the proposed solutions have been identified. The author analysed the historical development of injunctive proceedings and subjected the existing regulations to legal-dogmatic analysis from the perspective of the solutions proposed. The results of the study pointed to the possibility of electronization of the injunctive proceedings, presenting a broad justification for this direction of change in the criminal procedure. The author proposes two stages of modification of the electronic injunctive procedure, distinguishing the electronic injunctive procedure of the first degree and of the second degree. As part of the 1st-degree electronic injunctive procedure, it was proposed to electronize individual procedural acts, in particular the service of procedural documents and keeping the court records, but also to change the jurisdiction of courts which decide cases through injunctive proceedings, by establishing one or a maximum 2 to 4 courts dealing exclusively with injunctive proceedings. Depriving district courts (sądy rejonowe) of the competence to consider injunctive cases would, in the author's opinion, accelerate the consideration of other criminal cases. The 2nd-degree electronic injunctive procedure would include an element of AI implementation, which should be subject to evolution, starting from the proposing of a substantive resolution of the case to automating the process of issuing injunctive judgments.

Rights of Women Married Under the Act - A Case Study of Legal Divorce

The rights of women in divorce cases, particularly those married under the Act, have been a long-standing concern. Despite the existence of laws governing marriage and divorce, women often face challenges in asserting their rights during the divorce process. This study aims to assess the general concept of marriage and marriage under the Act, examine divorce and its effects, and evaluate the consequences of divorce on women's rights. The study seeks to identify the position of the law on divorce and women's rights in the process and at the end of the process. A mixed-methods research design was employed, combining qualitative and quantitative approaches. The study analyzed laws and statutes on marriage and divorce, reviewed cases adjudicated by courts of competent jurisdiction, and conducted interviews with divorcees, legal practitioners, and other stakeholders. The study found that women's rights in divorce cases are often compromised due to ignorance of the laws and lack of advocacy on their behalf. The Domestic Relations Law of Liberia, the Matrimonial Causes Act of Nigeria, and the Supreme Court of Liberia's opinions on divorce cases were found to be crucial in upholding women's rights in divorce cases. The study concludes that women's rights in divorce cases are often neglected, but the law provides avenues for redress. The study recommends increased awareness and education on women's rights relative to divorce, as well as the need for advocacy on behalf of women in divorce cases. The study's findings have implications for policymakers, legal practitioners, and women's rights advocates.

State of scientific research problems of judicial proceedings in civil jurisdiction

The article reveals current problems and the state of scientific research on judicial proceedings in civil proceedings. In particular, special attention is paid to the issue of justice. The definitions and content of justice given by both scientists and its normative basis are analyzed. It is established that some scientists define justice as the main function of the court, while others define it as a form of activity of the court itself. The proposed author’s definition of the concept of «justice». Issues of access to justice are highlighted. It is suggested that the issue of access to justice be classified as one of the main principles of the civil process. The availability of justice and access to court is considered in the context of the concept of basic human rights and freedoms. Access to justice is defined as a combination of such interrelated elements as unconditional freedom, state- guaranteed opportunity and equality of a person whose rights have been violated to apply for judicial protection of his rights and legitimate interests to a competent court; the duty of the court to accept the case for its proceedings, without applying formal reasons for refusal. Application of universal and unlimited court jurisdiction; guarantees of competitiveness, proper judicial procedures, which ensure reasonable terms of consideration of the case. Particular attention is paid to the main principles recommended by the Committee of Ministers of the Council of Europe to member states regarding measures that facilitate access to justice. The opinions of scientists revealing the meaning of such principles as simplification of court proceedings, acceleration of proceedings and court costs are established. The work analyzes official statistical data for 2020 - 2023, regarding the number of cases that were considered in the order of simplified legal proceedings in all courts on the territory of Ukraine. It was concluded that, in minor cases, it would be appropriate to develop and implement national standards that would allow individuals to independently fill out understandable standard forms of procedural documents and submit them to the court, without consulting legal experts. It is proposed to use a differentiated approach to determine the size of the court fee depending on the person’s income or depending on the degree of difficulty of the case, taking into account the procedural costs and time for consideration of the case.

Barriers to Law Enforcement Responsive to the Interests of Victims: A Study on the Practice of Justice for Violent Crimes in the Jurisdiction of Class IA Kupang District Court

Barriers to Law Enforcement Responsive to the Interests of Victims: A Study on the Practice of Justice for Violent Crimes in the Jurisdiction of Class IA Kupang District Court

Трудности производства по уголовным делам о побоях (ст. 116.1 УК РФ)

The article is devoted to the issues associated problems with proceedings in criminal cases on battery (Art. 116.1 of the Criminal Code of the Russian Federation) arising in the law enforcement activities due to reference of this case category to the jurisdiction of district courts. The author concludes that the legislator introducing this novelty failed to foresee any regulation of court activities in this case, which resulted in certain practical difficulties.

Дела частного обвинения: вечное или уходящее? Статья вторая: анализируем конкретную судебную практику

The article gives an example of two specific criminal cases to analyze the mistakes found by the first court of cassation: the Fourth General Jurisdiction Court of Cassation and the second court of cassation: the Judicial Chamber on Criminal Cases of the Supreme Court of the Russian Federation.

Community Integrated Care Team- Detention Order Outcomes And Indications

Abstract Background Detention orders are the inherent jurisdiction of the high court. Only mechanism to support treatment in those lacking capacity and refusing care. Considered a last resort. Integrated care for older persons teams (ICPOP) often engage with complex cases who require this intervention. I aim to review detention orders enacted on ICPOP patients within 1 year. Methods Retrospective review of notes on all patients who required a detention order for transfer of care from March 2023- March 2024. Assessing on review patient’s primary diagnosis, expressed wishes, interventions implemented by the ICPOP team to avoid detention and then reasons for detention order and finally patient outcome. Results 7 patients. 6 female. Every patient expressed a wish to remain in their home. All 7 patients had dementia. Implemented interventions included, Medical social work, home care packages, Memory resource and technology room referrals, meals on wheels plus family support groups, and legal supports, ward of court and decision-making representatives. Interventions where however unsuccessful and reasons for detention ranged from- Night-time wandering x3. Road safety concerns x 3. Family neglect and abuse x 3. Fire safety x1 and Accidental poisoning/malnutrition x1 and Alcohol excess x2. All bar one patient settled without need for medication or specialist unit when transferred to nursing home. Conclusion Outcomes were positive in all cases of detention order being implemented. All 7 patients received better care and avoided serious risk to health. The one patient who required significant intervention to maintain transfer was a behavioural fronto-temporal dementia who required a locked unit and psychotropics. In all cases family supported the decision and patient quality of life improved. Where autonomy and liberty remain paramount concerns for all individuals this review confirms that in some cases doctors must act in the best interests of their patients even if this act is against their wishes.

Human Health as a Constitutional Value in Priority Areas of the State Policy

The health and well-being of the population are two core values that underpin the Russian state policy. With digitizing healthcare, a growing interest has been witnessed in the constitutional value of health, as well as the right to healthcare and medical assistance. This focus is essential for the development of the Russian healthcare legislation and state policy strategies. Here, the normative content of the right to healthcare was explored from historical and current perspectives. The study used both standard (analysis and synthesis) and some specific (historical, statistical, logical and comparative legal) methods. The analysis was based on the constitutional provisions of the Soviet era and the Constitution of 1993; the laws and regulations of the federal Russia that concern healthcare and define the priority areas of the Russian state policy; and the legal interpretations from the Constitutional Court of the Russian Federation and general jurisdiction courts. Particular attention was given to the role of health in different areas of life, such as the economy, society, environment, science, and technology. The retrospective research on the constitutional regulation of the social value of health during the Soviet era was performed. The normative content of this value and its components in the current Russian legislation was identified. Guarantees for the right to healthcare and medical assistance in the priority areas of the Russian state policy were considered. Recommendations to improve these established guarantees were designed.

Litigation Jurisdiction of China International Commercial Court under the "Belt and Road" Initiative

The China International Commercial Court (CICC) plays a crucial role in the context of the "Belt and Road" initiative, providing a platform for the fair and efficient resolution of international commercial disputes. Despite its strategic importance, the CICC faces significant jurisdictional challenges. These include blurred boundaries of case acceptance, insufficient innovation in distinguishing international cases, overly broad applicability due to exclusionary practices, and inadequate consideration of international investment disputes. This article thoroughly examines these issues and offers comprehensive solutions to enhance the CICC's functionality. Key recommendations include clarifying the CICC's positioning as a one-stop platform integrating mediation, arbitration, and litigation; refining the boundaries of case acceptance through detailed legal provisions and judicial interpretations; strengthening the standards for determining international cases to better reflect the complexity of international commercial activities; and enhancing the mechanisms for resolving international investment disputes. Addressing these challenges will improve the CICC's operational efficiency, bolster its international credibility, and better support the "Belt and Road" initiative.

Re-Evaluation of The Judicial System: Competence and Role of Religious Courts in Blasphemy Cases

Cases of blasphemy in Indonesia are a problem that still occurs frequently, such as the interpretation of verses in the holy book for personal and/or political gain. The main challenge in blasphemy legal cases is that the jurisdiction is under the District Court, but this raises questions about the role of the Religious Courts that already exist in Indonesia regarding blasphemy cases. Supposedly, religious courts should have proper knowledge and correct interpretation for cases related to religion, however, due to Indonesia's democratic and plural legal system, blasphemy cases fall under criminal law and are considered criminal cases, not civil cases, which makes them outside the jurisdiction of religious courts in terms of judgments. In comparison, Saudi Arabia has a form of religious court in its implementation, but the existence of the court is due to a national idea based on Sharia Law and not based on plural democracy, thus signifying major differences in national identity and basis, which leads to differences in decision-making bodies and law enforcers.

Exploring sentencing disparities in the Nordic context: A multilevel analysis of court- and judge-level variation in sentences of ‘aggravated driving under the influence’ in Finnish district courts

Sentencing studies have stressed the importance of looking beyond between-court sentencing disparities by also observing within-court sources of variation. In the current study, we examine court- and judge-level variation in aggravated driving under the influence sentences (N = 10,481) in Finnish district courts using a three-level regression approach. Results indicate that 6.4% of the variance in the decision to incarcerate are explained by the differences between judges and 4.3% by the differences between courts. Consequently, our results suggest that sentencing disparities cannot be attributed solely to differences between courts but also to the individual judges within those courts. In addition, certain extra-legal factors on all three levels are associated with the outcome, namely the mode of conviction, position of the judge, court’s driving under the influence caseload, crime rate of the court jurisdiction and the urbanization of the court jurisdiction. Implications of the findings for both future research and policies are discussed.

Challenges to the exercise of collective labour rights outside the employment relationship

The importance of the issues covered in this article is due to the impact of information technologies on the labour sphere, transformation of the features of “classical” labour relations and the need to rethink the categories of “employee” and “employer” in order to ensure the exercise of collective labour rights, such as the right to association, collective bargaining and collective action by all workers regardless of the form of employment, first of all, by dependent self-employed persons. The author emphasises that the ILO, the CJEU in the opinions of their supervisory bodies, and the EU Court of Justice in their judgments use a broad approach to the interpretation of the concept of employee, including self-employed persons, in particular, in the context of exercising the right to association and collective bargaining. The author presents the experience of certain European countries, in particular, France and Poland, in terms of legislative consolidation of fundamental labour rights for self-employed persons. The article demonstrates that courts in different jurisdictions have different approaches to resolving the issue of the legal status of platform workers using the example of the decision of the Supreme Court of the United Kingdom and the Spanish court in the Deliveroo case. It is stated that in Ukraine today, one of the fundamental labour rights - the right to join a trade union de jure is not limited by the existence of an employment relationship or the status of an employee. At the same time, the right to collective bargaining, collective bargaining agreements and the right to collective action to protect one’s rights, which are an integral part of the right to freedom of association, is de facto only possible for those who are in an employment relationship based on an employment contract and have the status of an employee. As a solution to this problem, it is proposed to introduce a broad category of “working” or “employed” in national legislation, which will be used exclusively for the purposes of unionisation, exercise of the right to collective bargaining, conclusion of collective agreements and collective action. Such a definition should be separated from the definition of the narrow concept of an employee under an employment contract used in the context of individual labour relations.

The Effect of Transformational Leadership and Organizational Culture on Organizational Innovation Through Employee Creativity as an Intervening Variable “Study on the Jurisdiction of the West Papua High Court”

This research focuses on analyzing the impact of transformational leadership and organizational culture on employee creativity and organizational innovation in the West Papua High Court Jurisdiction. The type of research used is quantitative research method with causality analysis. Data was collected by utilizing a questionnaire. In the data processing process to calculate each indicator, a Likert scale was used. Furthermore, validity and reliability tests were carried out. Data analysis was carried out by descriptive analysis and SmartPLS Analysis. The results showed that partially, transformational leadership has no effect on employee creativity, organizational culture partially has a positive effect on employee creativity, partially transformational leadership has no effect on organizational innovation, partially, organizational culture affects organizational innovation, and employee creativity partially has no effect on organizational innovation, partially, transformational leadership intervened by employee creativity has no effect on organizational innovation, and partially, organizational culture intervened by employee creativity has no effect on organizational innovation. Suggestions, it is good for organizations to improve the quality of transformational leadership, and need to pay attention to values, norms, and behaviors that encourage creativity.

The Obscure Appellate: The Egyptian Islamic Supreme Court, 1898–1955

Abstract This article examines the Egyptian Islamic Supreme Court (al-Maḥkama al-ʿUlyā l-Sharʿiyya), thereafter the isc, and its role in overseeing Islamic judicial practice in the late nineteenth and early twentieth centuries. The isc introduced new procedural requirements for dispensation of justice and assumed the responsibility to defend the jurisdiction of Islamic courts against persistent attempts by British colonial administrators and reform-minded political and bureaucratic elite to limit, if not undermine, their authority. The isc marked the recalibration of the legal and judicial authority of the Chief Judge of Egypt (qāḍī Miṣr, an Ottoman administrative judicial position) along with Shaykh al-Azhar and the Muftī of Egypt (who used to exercise oversight of Islamic courts’ decisions and procedures), in favor of this institutional apparatus. The creation of the isc demonstrates the centrality of the regulatory authority of the Ministry of Justice in fostering any potentiality for Islamic law as a system of governance. The continuous attempts to regulate Islamic courts since the 1880s cannot be examined in isolation from the procedural developments pursued in the secular National and Mixed Courts. The role of the isc was determinative of Islamic judicial practice in lower Islamic courts across Egypt. As a result, operations of Islamic courts were readjusted to a set of evolving norms concerning internal coherence, judicial reasoning, adoption of procedural rules to reflect directives from the Ministry of Justice, and attention to the updated rules of evidence and appeal. This process underscores how Islamic judicial practice was both transformed and made possible through an interwoven set of institutions, actors, and traditions. I argue that this institution, the isc, provides an ideal site for critical and interdisciplinary reflection aimed at exploring both the structural and the contextual history of law in colonial Egypt.

A critical analysis of Massmart Holdings and Others v South African Commercial Catering and Allied Workers Union [2022] ZALCJHB 119

South African law under the Labour Relations Act 66 of 1995 (LRA), as amended, confers on the Labour Court the power to adjudicate on issues relating to strikes and to grant an interdict and/or order the payment of just and equitable compensation for any loss attributable to the strike or lockout. At least 48 hours before the strike, workers or their trade unions must give written notice of their intention to strike to the employer, the applicable negotiating council, and the Commission for Conciliation, Mediation, and Arbitration. If a strike follows the law, workers who take part in it are shielded from being fired for no other reason than that they are striking. Employees on strike and their trade unions are shielded from lawsuits for any losses or harm sustained while on the protected strike. During an unprotected strike, workers lose the legal protections afforded by labour laws, leaving them open to legal action and possible termination. In the case under review - Massmart Holdings and Others v South African Commercial Catering and Allied Workers Union [2022] ZALCJHB 119 - the trade union, from whom the employer sought compensation for damages caused during a protected strike, objected to the Labour Court's jurisdiction as derived from the LRA. This article provides a critical review of the Labour Court's jurisdiction, particularly in the light of section 68 of the LRA, to order compensation. The analysis revisits previous judgments to test the correctness of the judgment given in the Massmart case.

KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA

Article 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court's structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court.

Prawo małżeńskie osobowe Drugiej Rzeczypospolitej na ziemiach wschodnich dawnego zaboru rosyjskiego

The article describes the problems facing the marriage law in the eastern parts of the Second Polish Republic. These issues are mainly due to the lack of codification of matrimonial law throughout the territory of the Republic of Poland and the fact that exclusively civil jurisdiction in matrimonial matters was not implemented, as it was envisaged in Lutostański’s proposal. The decisions of ecclesiastical courts led to the creation of substantially invalid marriages and the spreading of legal bigamy. Failure to observe state regulations concerning the jurisdiction of ecclesiastical courts in dissolution or nullity cases, as well as mutual non-recognition of judgments of the ecclesiastical courts contributed to the creation of areas called “divorce meccas”. These designations referred to the Eastern Orthodox and Calvinist Church existing in the eastern territories of the Second Polish Republic. Taking into account the above, the article is intended to compare factors destabilising marriage law in the areas in question. To analyze this issue, primarily the historical and legal method was used.

Novi međunarodni privredni sudovi

In this paper, the author provides an overview of the main characteristics of international commercial courts, their composition and jurisdiction, as well as private international law instruments that ensure the recognition and enforcement of their decisions abroad. International commercial courts are national courts of international jurisdiction. They are established by individual states that aspire to be or become significant global centres for the resolution of commercial disputes. They are characterized by a certain degree of internationalization, reflected in their ability to conduct proceedings in the English language and in the origin of judges, who are, in some instances, foreign nationals. Some international commercial courts adjudicate cases according to common law rules, even though they are based in countries with legal systems based on continental law or Sharia law. The procedural rules before most of these courts incorporate elements of arbitral procedural rules and alternative dispute resolution methods. They generally have jurisdiction in commercial disputes with an international element, and they recognize a written choice-of-court agreement of the parties as the basis for international jurisdiction. In this regard, there is no requirement for any connection with the state where the court is based for valid submission to jurisdiction.

Harmonizing Ouster Clauses and Pre-action Protocols in Nigerian Construction Disputes

This paper discusses how ouster clauses and pre-action protocols intersect when it comes to resolving construction disputes within the Nigerian context. Concerning dispelling ambiguity and providing sureness, ouster clauses point out ways of dispute resolution mechanisms. On the other hand, early resolution and cost saving can be encouraged through dialogue or cooperation before formal litigation thereby being said as the role of pre-action protocols in promoting such response before justice is sought. It is important to understand how these factors interrelate so that we can manage construction disputes effectively. While ouster clauses might influence when pre-action protocols are applied, they may also determine how parties understand and observe such provisions. Nigeria’s legal system as far as construction disputes are concerned, should be managed to maintain a harmonious balance between the two mechanisms. The interdependencies of the entities involved in this process are explored here and the aim is to provide information that could be useful for those practicing law or those responsible for making decisions in other areas The effectiveness of ouster clauses and pre-action protocols in construction disputes is assessed based on factors like resolution speed with a weighted mean of 2.53, legal enforcement (2.49), compliance rate (2.35), cost reduction (2.21). Ouster clauses limit the jurisdiction of courts or arbitrators by 34%, leading to prolonged litigation or arbitration (23%). Pre-action protocols impose procedural requirements (18%), causing delays and increased costs (16%). To improve the effectiveness of ouster clauses and pre-action protocols in construction disputes, it is crucial to enhance clarity, promote alternative dispute resolution, facilitate early engagement, strengthen enforcement mechanisms, and engage stakeholders. Keywords: Construction disputes, Litigation, Ouster clauses, Pre-action protocols, Resolution.

The African Court's Jurisdiction over the "International" Eco-Crime of Trafficking in Hazardous Wastes: Challenges and Opportunities

This article gives an overview of the jurisdiction of the proposed African Court of Justice and Human Rights (African Court) over the transnational crime of trafficking in hazardous wastes as provided for in Article 28 L of the Malabo Protocol. It asserts that Article 28 L ought to be considered as emancipatory in view of the factors which motivated its inclusion in the Protocol; and that it is a significant innovation not only for the African Union but for the field of international criminal justice as a whole. The article concludes that the criminalisation of trafficking in hazardous waste through the Malabo Protocol is necessary as Article 28 L will help to fill the gap created by the ineffectiveness of the domestic implementation of the Bamako Convention, and the potential ineffectiveness of the Basel Ban Amendment, which entered into force in December 2019.